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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES FROM PERSONAL TO GLOBAL SECURITY

SCIENTIFIC JOURNAL NO. 11 (1/2014)

AMBROŻY • BABIŃSKI • BAŠISTOVÁ • BERTOLASI • BIELAŃSKI • BORNIKOWSKA • CELLENG • ČAJKA CYMERSKI • FALECKI • FEDOTOV • GALLA • GIEŁŻECKI • HLINKA • HRONSKYY • KAPUSNIAK KAZANSKÝ • LEDWOŃ • MAJLINGOVÁ • MIHOKOVÁ • MIŠKOVIČOVÁ • MUCHA • NEJEDLÝ • PIWOWARSKI PORADA • PROŃKO • RODASIK • ROZWADOWSKI • SEDLIAK • SEMCHUK • SKÓRZAK • SOCHA SOPILNYK • SPILÝ • STRAUS • STASIV • WĘGLARZ • WIŚNIEWSKI • WOLAŃSKI • ZAYATS • ZAPLATYNSKYI


SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES FROM PERSONAL TO GLOBAL SECURITY

EDITED BY

JULIUSZ PIWOWARSKI

SCIENTIFIC JOURNAL NO. 11

(1/2014)

CRACOW

J A N U A R Y – J U L Y 2014


EDITORIAL BOARD: Editor-in-Chief

Juliusz PIWOWARSKI PhD.

Executive Editors

Patrycja WĘGLARZ Radosława RODASIK

Scientific Editor

Prof. Witold POKRUSZYŃSKI, PhD.

Language Editors

Prof. Mirosław SKIBNIEWSKI PhD. (USA) Robert OTTENBURGER (UK) doc. JUDr. Mojmír MAMOJKA, Ph.D. (Slovakia)

Statistical Editors

doc. Ing. Jaromir MLYNEK, CSc. (Sovakia) Tadeusz RATUSIŃSKI, PhD.

Technical edition

Patrycja WĘGLARZ

Cover

Jacek PIWOWARSKI

FUNDING BODY:

Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie

The articles have been published as send by the authors. COPYRIGHT © BY:

Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego APEIRON w Krakowie, Kraków 2014

INDEXED:

MNISW: 6 points INDEX COPERNICUS INTERNATIONAL: 5,91 points

PRINTED EDITION:

100 copies

FREQUENCY OF ISSUE:

Twice a year

PUBLISHER:

Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie ul. Krupnicza 3 31-123 Kraków

CONTACT PERSON

Juliusz Piwowarski PhD. Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie ul. Krupnicza 3 31-123 Kraków Tel. (12) 422 30 68; fax (12) 421 67 25

(EDITORIAL BOARD AND PUBLISHER)

e- mail: science@apeiron.edu.pl JOURNAL ALSO AVAILABLE AT:

www.apeiron-wydawnictwo.pl ISSN 2353-7000 (previous ISSN: 2299-4041) SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES

11 2014 2


SUBJECT EDITORS: 1. THEORY OF SECURITY STUDIES:

Prof. Witold POKRUSZYŃSKI, Ph.D. (Poland)

7. POLITICS:

Prof. Kuba JAŁOSZYŃSKI, Ph.D. (Poland)

5. LAW:

Assist. prof. Alessandro VITALE (Italy),

2. TECHNOLOGY:

Prof. Wiesław KOZUB-CIEMBRONIEWICZ, JUDr.

prof. dr hab. Janusz WĘC,

Ing. Doc. Inga URIADNIKOVA (Ukraine)

(Poland)

8. FORENSIC SCIENCE:

3. MARTIAL ART AND PHYSICAL CULTURE:

Doc. JUDr. Karel SCHELLE, CSc. (Slovakia)

prof. JUDr. Ing. Viktor PORADA, DrSc., dr h. c.

prof.. Tadeusz AMBROŻY, Ph.D. (Poland),

6. HISTORY:

mult. (Czech Republic),

Prof. Stanislav DADELO, Ph.D. (Lithuania),

Doc. JUDr. Vladimir ZOUBEK, LL.M., MBA. (Czech

prof. dr hab. Janina ZIĘBA-PALUS;

4. ARMY AND DISPOSITIONAL GROUPS:

Republic)

9. ETHICS AND PHILOSOPHY:

Brig. gen. prof. ing. Miroslav KELEMEN, Ph.D., Assoc. Prof. Stefan BIELAŃSKI, Ph.D. (Poland)

Prof. Łukasz TRZCIŃSKI, Ph.D. (Poland)

(Slovakia)

SCIENTIFIC BOARD: Assoc. Prof. Tadeusz AMBROŻY Ph.D., Poland

Prof.

Asspc. Prof. Iryna BASYSTA, Ph.D. Ukraine

JUDr., Poland

Wiesław

KOZUB-CIEMBRONIEWICZ,

JUDr. Karel SCHELLE, Ph.D., CSc., Czech Republic

Assoc Prof. Stefan BIELAŃSKI, Ph.D.,

Adam KRZYMOWSKI, PhD., Poland

Prof Mirosław J. SKIBNIEWSKI, Ph.D., USA

Poland

Prof. Jerzy OCHMANN, Ph.D., Poland

Katarina STRBAC, PhD, Slovakia

Prof. Yuriy BOSHYTSKYI, Ukraine

Juliusz PIWOWARSKI, Ph.D., Poland

Prof. tukasz TRZCIŃSKI, Ph.D., Poland

Wojciech CZAJKOWSKI, Ph.D., Poland

prof. JUDr. Ing. Viktor PORADA, DrSc.,

Assist. Prof. Alessandro VITALE, Italy

Gen. prof. Natalia KALASHNIK, Ukraina

dr.h.c. mult., Czech Republic

Prof. Janusz Józef WĘC, Ph.D., Poland

Brig. gen. prof. Ing. Miroslav KELEMEN, Ph.D.,

Col GS Ing. Ivo PIKNER, Ph.D. Czech

JUDr. Jozef ZAT'KO, general poručik ICOCRIM,

Slovakia

Republic

Slovakia

Doc. Štefan KOČAN, Ph.D., Slovakia

Gen. Ing. Andor ŠÁNDOR, Czech Republic

Gen. prof. Natalia KALASHNIK, Ukraina

Bartosz SOLIŃSKI, Ph.D., Poland

BOARD OF REVIEWERS: Prof. Carlos Eduardo Pacheco AMARAL

i Indywidualnego "Apeiron" w Krakowie

Prof. Sergii Viktotovych SLINKO

Universidade dos Acores (Italy)

(Poland)

Lviv University of Bussines and Law (Ukraine)

Prof. Eliseo BERTOLASI, Ph.D.

Assoc. Prof. Krzysztof KAGANEK Ph.D.

Robert SOCHA, Ph.D.

L’Istituto di Alti Studi in Geopolitica e Scienze

Akademia Wychowania Fizycznego w Krakowie

Wyższa Szkoła Zarządzania Ochroną Pracy

Ausiliarie (Italy)

(Poland)

w Katowicach (Poland)

Prof. Stanislav DADELO, Ph.D.

Doc. Štefan KOČAN, Ph.D.

Prof. Lyubomyr SOPILNYK, Ph.D.

Vilnus Gediminas Technical

Akadémia Policajného zboru v Bratislave

Lviv University of Business and Law (Ukraine)

University (Lithuania)

(Slovakia)

PaedDr. Samuel UHRIN, CSc.

Jerzy DEPO, Ph.D.

Doc. Ing. Jana MÜLLEROVÁ, Ph.D.

Akadémia Policajného zboru v Bratislave

Krakowska Akademia im. Andrzeja Frycza

Žilinská univerzita v Žiline (Slovakia)

(Slovakia)

Modrzewskiego (Poland)

Doc. Ing. Jozef MARTINKA, Ph.D.

Prof. Bernard WIŚNIEWSKI, Ph.D.

Adam GOŁUCH, Ph.D.

Slovan University of technology in Bratislava

Wyższa Szkoła Policji w Szczytnie (Poland)

Górnośląska Wyższa Szkoła Handlowa im. W.

(Slovakia)

Prof. Larisa A. YANKOVSKA, Ph.D.

Korfantego w Katowicach (Poland)

Bogusław PŁONKA, Ph.D.

Lviv University of Business and Law (Ukraine)

JUDr. Wojciech M. HRYNICKI

Wyższa Szkoła Bezpieczeństwa Publicznego i

Doc. Vasyl ZAPLATYNSKYI, CSc.

Wyższa Szkoła Bezpieczeństwa Publicznego

Indywidualnego "Apeiron"w Krakowie (Poland)

National aviation university (Ukrainw)

i Indywidualnego "Apeiron" w Krakowie (Poland)

Prof. Jerzy OCHMANN, Ph.D.

Doc. JUDr. Vladimir ZOUBEK, LL.M., MBA.

Assist. Prof. Kuba JAŁOSZYŃSKI, Ph.D.

Polska Akademia Umiejętności (Poland)

Policejní akademie České republiky v Praze

Wyższa Szkoła Policji w Szczytnie (Poland)

Prof. Francesco SIDOTI, Ph.D.

(Czech Republic)

Barbara KACZMARCZYK, Ph.D.

L'Uuniversita` dell'Aquila (Italy)

Wyższa Szkoła Bezpieczeństwa Publicznego

SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES

11 2014 3


CONTENTS INFORMATION FOR AUTHORS INTRODUCTION

STATE SECURITY

BABIŃSKI ALEKSANDER Determination of firearms in the Polish law

12

JAROSŁAW CYMERSKI The officers’ of Government Protection Bureau competences and abilities in terms of protecting people, facilities and equipment

23

ŠTEFAN GALLA, ALEXANDER NEJEDLÝ, ANDREA MAJLINGOVÁ, VERONIKA MIŠKOVIČOVÁ , STANISLAV CELLENG Fire occurrence mapping for providing the risk analyses and fire investigation purposes

32

JAN GIEŁŻECKI, ROBERT MARCIN WOLAŃSKI The local threats specification in the context of environment factors having an influence on a rescue worker during rescue actions

43

JAROSLAV KAPUSNIAK DSS model to support the fire equipment selection to fight the forest fires

52

ANDREA MAJLINGOVÁ, MAROŠ SEDLIAK Wildland fire risk management using GIS tools – Case study

57

ROBERT SOCHA The role of public administration in extraordinary states

64

BERNARD WIŚNIEWSKI Analysis of public security system and its relations with the elements of the state security System

71

4


LEGAL SECURITY

ALENA BAŠISTOVÁ, EMILIA MIHOKOVÁ, JOZEF HLINKA Analysis of legal status quo fight against trafficking in human beings in Slovakia

79

JANUSZ FALECKI Analysis of legal-organizational solutions of the participation of non-governmental organizations of a rescue character in the crisis management

89

PAULINA LEDWOŃ Possibility of establishing a separate property premises as one of the legal warranty of social security

100

VIKTOR PORADA, JIŘÍ STRAUS Use of criminalistics and forensic sciences at ensuring the population security

106

MALWINA DANKIEWICZ, RADOSŁAWA RODASIK, ALEKSANDRA SKÓRZAK Linguistic communication in the perspective of political invective

115

THEORY OF SECURITY

JAROSŁAW PROŃKO Introduction to the Theory of Security

122

PETER SPILÝ Insight into contemporary operational environment

132

SOCIAL AND CULTURAL SECURITY

PETER ČAJKA, RASTISLAV KAZANSKÝ Security dimensions of the current demographic problems

142

5


JULIUSZ PIWOWARSKI The continued transfer of Japanese security culture: from ancien to modern Bushidō PATRYCJA WĘGLARZ Globalization processes and national identity versus sense of security of an individual in the literature perspective

162

182

SPORT

DARIUSZ MUCHA, TADEUSZ AMBROŻY, TERESA MUCHA, AGATA BORNIKOWSKA, ANNA PAPIERZ An Analysis of the Skiing Accidents that Happened on the Slopes of the Kasprowy Wierch

192

STEFAN BIELAŃSKI Sport e politica nelle relazioni internazionalli dell’Europa centro-orientale

202

SECURITY: ECONOMY & LAW

SERHIY HRONSKYY Specific interaction of the state border of Ukraine for foreign law enforcement authorities

210

JEANNA SEMCHUK Analysis of the company security personnel

216

OKSANA STASIV Rights of a person and a citizen as the main aspect of anthropological paradigm of law

220

RESEARCH NOTES OLEKSANDR FEDOTOV Judicial experts: liability in judicial examination

226

LYUBOMIR SOPILNYK Expert study. Analysis and synthesis of features derived from the expert experiment

229

ROMAN ZAYATS Definition of conformity directed to expertise sites

232

6


INTERNATIONAL SECURITY

ELISEO BERTOLASI ЮГО-ВОСТОЧНАЯ УКРАИНА – ГРАЖДАНСКАЯ ВОЙНА

236

MARIUSZ ROZWADOWSKI, JULIUSZ PIWOWARSKI СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАСНОСТЬЮ ИНФОРМАЦИИ – ЭФФЕКТИВНООЕ ОРУДИЕ ПОЛИТИКИ ИНФОРМЦЦИОННОЙ БЕЗОПАСНОСТИ

241

INGA URYADNIKOVA, VASYL ZAPLATYNSKYI ЖЕНЩИНА ТЕЛОХРАНИТЕЛЬ В ОХРАНЕ VIP – ПЕРСОН

252

PATRYCJA WĘGLARZ SELF-IMPROVEMENT & SECURITY, Annual conference in Cracow

259

7


INFORMATION FOR AUTHORS 1. 2. 3.

4.

5.

6.

7.

8.

8

The Editorial Boards accepts papers of at least 6 pages in length. Papers must be in English (either British or American). We also accept papers in other Congress languages (one or two for each issue). Submission of such paper must be consulted with the Editorial Board. Papers should be sent via e-mail to science@apeiron.edu.pl (preferably via traditional post to: Wyższa Szkoła Bezpieczeństwa Publicznego I Indywidualnego „Apeiron” w Krakowie ul. Krupnicza 3, 31-123 Kraków). Articles should be saved into a Wordcompatible file (.doc, .docx, .rtf). Font type: 12 Times New Roman CE or an equivalent Cyrillic font; single space of 1.5 lines; standard margins (2.5 cm); alphabetic, numbered references at the end of the text. Each paper should include: a) Abstract of maximum 100 words underlying the main points of the article; b) 3-5 key words, both in the language of the paper and in English; c) short biographical note of the Author. References should only include publications cited in the article and should be fitted to the pattern provided below: a) For books: Rosa R., Filozofia bezpieczenstwa, Bellona, Warszawa 1995. b) For articles from periodicals: Koziej S., Bezpieczeństwo i obronność Unii Europejskiej, „Myśl Wojskowa”, 2005, no. 1. c) For articles in books: Kudelska M., Filozofia Indii - kilka uwag wstępnych, [in:] Filozofia Wschodu, v. I, B. Szymanska (ed.), Uniwersytet Jagielloński, Krakow 2001. Footnotes should be placed at the bottom of each page and follow the pattern

9. 10. 11. 12. 13. 14.

15.

16.

provided below: a) For books: R. Rosa, Filozofia bezpieczeństwa, Bellona, Warszawa 1995. b) For articles from periodicals: S. Koziej, Bezpieczeństwo i obronność Unii Europejskiej, „Mysl Wojskowa”, 2005, no. 1. c) For articles in books: M. Kudelska, Filozofia Indii - kilka uwag wstqpnych, [in:] Filozofia Wschodu, t. I, B. Szymanska (red.), Uniwersytet Jagiellonski, Krakow 2001. d) For sources already cited, use the Latin terms: Ibidem, op. cit., etc. Quotations should be marked with double inverted commas. For embedded quotes, use »...«. Pictures, charts and illustrations: 600 dpi. The Editorial Board reserves the right to shorten and edit the papers. All articles are reviewed in double-blind system. We do not provide for payments. Authors should enclose a signed statement acknowledging the genuineness of the text (preferably, a scan of such a document). By publishing in “Security Dimensions” authors transfer the copyrights to the papers to the Publisher. Please enclose a statement to that effect. Please remember that such phenomena as ghostwriting and guest authorship are unacceptable as they are a manifestation of scientific misconduct. All detected cases will be reported to relevant institutions. In every case of co-authorship, authors are obliged to enclose a statement of contribution (all document forms are available on the website).


WHAT IS APPROPRIATE FOR US?

We welcome submissions on widely comprehended security. Papers of nonscientific character that consists merely of opinion are generally rejected. Our rule is to define “security� broadly, so the topics of analyses we are interested in are numerous, below please find only few examples of them:

4.

1.

7.

2. 3.

THEORY OF SECURITY STUDIES, including new propositions of definition of relevant concepts and attempts of applying existent theories that are important for contemporary securitology. TECHNOLOGY, i.e. analysis of all kinds of technological aspects of national and international security. MARTIAL ARTS, papers regarding philosophy of modern and traditional Budo as well as analysis of work-outs for athletes training hand-to-hand combat.

5. 6.

8. 9.

DISPOSITIONAL GROUPS, analysis of schooling, trainings and work of uniformed services, antiterrorists and other. LAW, analysis of legal aspects of national and international security and order. HISTORY, new interpretations of or new information on historical events. POLICY, analysis of contemporary security policy issues. FORENSIC SCIENCE and criminalistics. ETHICS, analysis of ethical aspects of administration, praxeology, combat sport etc.

If you are not sure whether your article is appropriate for the journal, please contact the editorial board (science@apeiron.edu.pl).

9


INTRODUCTION Security is a phenomenon, which applies to numerous areas of human existence. It is one of the most important human needs and in our times becomes of great importance for humanities and social studies. It is important to rediscover this phenomenon and to keep discussing ways of providing security and avoiding and fighting danger. Scientific discussions of the subject of security require holistic approach. The new issue of our periodical presents interdisciplinarity of security studies. Twentyeight papers covers following subjects: state security, legal security, theory of security, social and cultural security, sport, economy and law, and international security. International security of European Union, Ukraine and Russia, which is now a subject of wide discussion is not indifferent for us as well. In accordance with our policy, we publish no less than one article in the journal in other congress language to promote international security researches. In this volume you may find two articles in Russian language and one in Italian language. The issue includes also one reportage written by an Italian researcher, who visited Ukraine in May 2014. We wish our journal to be a platform of conference report, where we are going to publish information about international conferences organized by our Academy in cooperation with prominent research centers from Poland and abroad. This time we publish a report from the annual Interantional Scientific Conference Self-Improvement and

10

Security, which was held in Cracow on 8th May, 2014. We make every effort to improve the periodical constantly, trying to make it be an international forum for discussing security issues. We care for its professional level diligently and believe in its ongoing development. The proof for this development is rising amount of points in journal evaluation. Unfortunately the annual evaluation conducted by Polish Ministry of Science and Higher Education was unexpectedly canceled this year. We join the group of publishers, who express their dissatisfaction and disappointment with this fact, since this cancelation wasn’t announced early enough. However this year we were awarded 5,91 points by Index Copernicus International. I wish to thank all associates for their support. We all devoted a lot of attention to improve this journal, and so we have to appreciate all of our fellow-workers and demonstrate the result of our effort, i.e. growing number of evaluation points: 2011 2012 2013

IC Value 2,44 5,13 5,91

MNiSW 4 6 no evaluation

I recommend this new volume with confidence to all readers interested in security issues. I invite all Authors to further cooperation with our journal, hoping we will be working on the ongoing development of security studies together. Editor-in-Chief

Juliusz Piwowarski, Ph.D.


STATE SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (12-22)

DETERMINATION OF FIREARMS IN THE POLISH LAW Aleksander Babiński, Ph.D. Wyższa Szkoła Policji w Szczytnie

ABSTRACT Firearms are subject plays a greater or lesser role in our lives, and above all in the area of our security. Discussion on the need for surveillance of both access to firearms, as well as forms that it has taken must be based on the establishment of the Polish legislation defines as firearms. The concept is caused and causes a lot of controversy in doctrine and jurisprudence. Seeing the need in the article, the author presents the determination of firearms, paying particular attention to the importance of its legal determination in the law on firearms and ammunition and its evolution. Indicates the impact that EU law has had in its shape in the current content. The author presents the elements, the occurrence of which causes that we are dealing with firearms. Draws attention to the achievements of the doctrine, the necessary technical expertise conditioning knowledge of the subject which is the weapon. This indicates that they are necessary for the proper determination of its designations. The result indicates the elements that determines the occurrence of that we have to deal with weapons under Polish law. The author presents and attempts to unravel the dilemmas which arise as a result of a literal reading of the recognition of firearms in the law on firearms and ammunition. Not based upon the definition of substance only firearms, but also emphasizes the importance of determining the span of her discussing succession weapon: fighting, hunting, sporting, gas alarm and signaling. It also draws attention to how problematic recognition as a firearm finished or machined significant part of the weapon. Presented in the development of firearms issues certainly will deepen their knowledge in the stated range, and in the future accurately evaluate the behavior of the perpetrators as criminal acts or not prohibited. ARTICLE INFO Article history Received: 07.05.2014 Accepted 09.07.2014 Keywords firearm, definition of a firearm, dangerous objects, combat weapons, hunting weapons, sporting guns, gas guns, alarm guns and signal guns.

The issue of firearms ownership evolves over time. The approach to the issue has been changing depending on the historical period and, whether we speak of a time when carrying weapons seems to be a self-evident matter, acceptable because of the need to ensure safety (e.g. during war). The issue of restrictions on access to firearms occurs with the formation of state structures, i.e. practically since the beginning of the Middle Ages. Then, weapons ceased to be identified only with a working tool, depending on the social status—affiliation to particular social 12

class—but it became an attribute of the ruling power and nobility. Given the history of regulations on weapons, we could speak of having a weapon as a certain “voice” of freedom, returning to the noble traditions to display weapons as a symbol of social status. The symbolism of this, as well as social factors, historical or legal decide the role of weapons in interpersonal relations – social.1

See. J. Wójcikiewicz, Posiadanie broni palnej przez obywateli, Warszawa-Kraków 1999, p. 16 1


SECURITY DIMENSIONS

Regardless of the reasons why people want to own a gun, firearms play more or less major role in our lives, especially in the area of our security. In particular firearm. The public is not indifferent as to weapons (firearms), which are often desired. 2 For this reason, firearms are treated as an object available not only to welldefined groups of people, often institutionalized, but to growing group of individuals. Proposals for new regulations relating to the possession of weapons, and the information appearing in the media, prove the existence of demand in society for getting wider, easier access to weapons. These aspirations verify events such as Breivik's bloody terrorist attacks in Norway, after which it has been called for stricter laws governing the possession of weapons, valid throughout the EU. Discussion on the need for surveillance of both access to weapons (especially firearms), as well as forms that it has to take, must be based on determining whether or not to restrict access to weapons, and if it is really necessary, because of the impact it has on safety—whether it is merely the result of persisting in a well-established system for centuries constraints dictated by concerns about the use of power weapons against it. This discussion must be preceded by a presentation of what the Polish legislation defines a firearm as a concept caused and causes much controversy. They arise even from the fact that the law on weapons, munitions and explosives of 19613, and preceding the presidential regulation of 1932 Law on weapons, ammunition and explosives 4 does not define the concept of a firearm, although classify arms in a positive enumeration. The Act on weapons, See. W. Poznaniak, Społeczno-psychologiczne aspekty posiadania broni, „Ruch Prawniczy, Ekonomiczny i Socjologiczny” 2003, vol. 2, p. 265. 3 Ustawa z 31 stycznia 1961 r. o broni, amunicji i materiałach wybuchowych (DzU nr 6, poz. 43 z późn. zm.). 4 Rozporządzenie Prezydenta z 27 października 1932 r. — Prawo o broni, amunicji i materiałach wybuchowych (DzU nr 94, poz. 807 z późn. zm.). 2

11

ammunition and explosives indicated only in art. 1 paragraph. 1, that whenever this Act is referred to weapons without further determination, it should be understood as short firearms and hunting weapons and for sporting purposes. In the absence of a legal definition of a firearm used a variety of shots of her doctrine developed by the. Apart from the technicalmilitary and linguistic definitions of firearms the following can be distinguished, which are not applicable in law and criminology: 5 general definitions - they are rarely used because they are not precise enough. They have a form of a simple classic definition; definitions for classification - in fact, they do not define what a firearm is and they merely list the types – they are found in older textbooks of criminology6; general axiomatic definitions the definitions of an axiomatic statement express the requirements that must be met by an object to be considered a weapon. They shall determine the characteristics of firearms;7 axiomatic definitions of specific nature - specify the name of a firearm by mentioning a number of significant features and components of weapons or even discuss the principle of its operation.8 According to the accepted way to develop further discussion will be limited to discussion W. Brywczyński, J. Kasprzak, Nielegalne posiadanie broni i amunicji, Studium prawno-kryminalistyczne, Białystok 2013, pp. 107–111. 6 Eg. B. Lewenberg, L. Schaff , Kryminalistyka, Warszawa 1949, p. 147; M. Kulicki, L. Stępka, D. Stucki, Kryminalistyczno-prawna problematyka broni strzeleckiej. Komentarz do przepisów o broni i amunicji, Kraków 2003, p. 157 et seg.; M. Kulicki, Dowodowa problematyka współczesnej broni strzeleckiej, Kraków 2001, p. 253 et seg. 7 Eg. S. Adamczak, Pojęcie broni palnej, „Problemy Kryminalistyki” 1967, No 66, p. 208; B. Zając, Wybrane prawno-kryminalistyczne aspekty nielegalnego posiadania lub wyrobu broni palnej i amunicji, „Problemy Kryminalistyki” 1984, No 166, p 616 et seg.; J. Kasprzak, Kryminalistyka — podręcznik dla Żandarmerii Wojskowej cz. 1 — Technika kryminalistyczna, Warszawa 1995, p. 166; 8 Eg. P. Horoszowski, Kryminalistyka, Warszawa 1958, p 428; T. Hanausek, Kryminalistyka — zarys wykładu, Kraków 1996, pp. 128–130. 5

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Aleksander Babiński DETERMINATION OF FIREARMS IN THE POLISH LAW

of firearms which is the designation of its legal definition contained in the Act of weapons and ammunition from 1999 9. This does not mean that doctrine achievements in this field will be dismissed. It is interesting and must be used in determining the designations of firearms. The definition of a firearm is contained in Art. 7 paragraph 1 of the Act on Firearms and Ammunition. It has evolved from the 2003 definition through further clarification of what is meant by signal guns and alarm guns. Prior to the change of 201110, Art. 7 paragraph 1 defined a firearm as a device dangerous to life or health, which as a result of compressed gases resulting from the combustion of propellant is capable of firing a projectile or substance from the barrel or an item replacing the barrel, and thus hitting a target at a distance. This definition seemed to be coincident with the basis used in Polish forensic science11, which usually defines a firearm as a dangerous object (tool) that, due to its construction and the use of gases from a burning propellant provided by the manufacturer or the user, has the ability to launch a projectile with sufficient energy so as to be likely to cause death or serious injury to a human body. The forensic definition excludes recognition of a simple device (e.g. properly sealed tube), which potentially is capable of firing a projectile or substance, as a firearm for forensic purposes. It embodies consideration of the purpose for which the device has been manufactured or used, and whether the discharged projectile could hit Ustawa z 21 maja 1999 r. o broni i amunicji (tekst pierwotny DzU nr 53, poz. 549; tekst jedn. DzU z 2012 r., poz. 576). 10 Ustawa z 5 stycznia 2011 r. o zmianie ustawy o broni i amunicji oraz ustawy o wykonywaniu działalności gospodarczej w zakresie wytwarzania i obrotu materiałami wybuchowymi, bronią, amunicją oraz wyrobami i technologią o przeznaczeniu wojskowym lub policyjnym (DzU nr 38, poz. 195, z późn. zm.). 11 See. eg. S. Adamczak, Pojęcie broni palnej, „Problemy Kryminalistyki” 1967, No 66, p.. 205; M. Kulicki, Kryminalistyka. Wybrane problemy teorii i praktyki śledczosądowej, Toruń 1994, p. 362. 9

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targets with a force which is lethal or severely damaging to the human body. The existing legal definition of a firearm does not take only these elements into account, and thereby encompasses a wider scope than the definition used within the field of forensic science12. On reading the legal definition of a firearm specified in the Act on Firearms and Ammunition before the change of 2011, it is clear that: • the device is dangerous to life or health, • it works as a result of compression of gases from the combustion of a propellant, • it is capable of firing a projectile or substance, • it has a barrel or element in lieu, • it is capable of hitting a target at a distance. The definition of a firearm discussed does not provide any indication as to how technically advanced (simple or complex) the device must be in order to be classified as a firearm. It does say, however, that it must be "dangerous to life or health". Contrary to the literal wording of the definition it cannot be considered that there is intrinsic danger to the life or health from the device itself. Without a doubt, there are many devices that are dangerous to life and health in use, but are not considered firearms (e.g. pneumatic hammer, axe). A danger to health and even life should derive from the context of the holistic definition of a firearm. First of all, it must be due to the operation of the equipment and the potential to hit a target at a distance with a projectile or substance, and this it seems is the essence of a firearm. An essential element for an item to be considered a firearm is that it is able to hit a target at a distance using a projectile or substance as a consequence of the compression of gases resulting from combustion of a propellant. To be recognized as firearms, therefore, weapons had to base See. M. Kulicki, L. Stępka, D. Stucki, Kryminalistycznoprawna problematyka…, p 28–39. 12


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their action on the chemical reaction of combustion13, and not just of anything but something that fulfils the characteristics of a propellant. The Act on Firearms and Ammunition did not specify (and it is still not determined) what a propellant is. It should be recognized that it may be any material capable of generating so much gas as is necessary to achieve the effect in the form of firing a projectile (or substance) at a distance with a destructive force which brings an accompanying danger to life or health. Anyone who has even a casual knowledge of the laws of physics knows that this effect is dependent on many factors, including what kind of propellant is employed. It was not very fortunate that the capability of firing a projectile or substance from a barrel or element in lieu was included in the definition of a firearm. The definition does not provide any precision in relation to the design or materials used in the construction of the projectile or substance. The only requirement is that it is a threat to life or health when fired. Furthermore, it has to be launched from a barrel or something substituting for a barrel which is itself part of the weapon. A little more space will be devoted to this later in the study. On its own, the effect of the actuation of the device under consideration, i.e. hitting the target at a distance, does not itself decide whether we are dealing with a firearm or not. The impact must be great enough to endanger the life, or at least the health, of a human being, although even this is only implicit in the legislation. Consequently, we return once again to the start of the definitions discussed. The device, which as a result of compressed gases resulting from combustion of a propellant is capable of firing a projectile (or Combustion — physicochemical process, the basis of which is the rapid combination of a fuel with an oxidant (eg oxygen); this is accompanied by the emission of large amounts of energy, heat and flash (flame). Słownik języka polskiego, Ed. M. Szymczak, Vol. 3, Warszawa 1998, p. 262. 13

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substance) from the barrel (or the element replacing it) to effect hitting a target at a distance, will not be considered a firearm unless it is capable of an impact that endangers life or health. In view of the above, the classification of a device as a firearm is dependent on the existence of the totality of all of these characteristics, although with some alternatives as to the components (a barrel or a barrel substitute). Unfortunately, the new legal definition within the Act on Firearms and Ammunition of 5 January 2011, does not facilitate precise determination of its application. As we read in the explanatory memorandum to the Act14 introducing the new definition, it was required because of the need to adapt national law to the Directive of the European Parliament and of the Council Directive 2008/51/EC of 21 May 200815 which amended Council Directive 91/477/EEC on the control of the acquisition and possession of weapons16. This change was in turn a consequence of the signing of the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime, by the European Commission on behalf of the European Community on 16 January 2002. Directive 2008/51 in considering firearms to be barreled weapons that can expel a shot, bullet or projectile by the action of a combustible propellant also included items that could be modified, i.e. something that has the appearance of a firearm and as a result of its construction or the material from which it is made can be converted to that use. Therefore, it was decided to use new wording in Art. 7 paragraphs 1 and 2 of the amended Act on Firearms and Ammunition. <http://www.sejm.gov.pl>, March 2011 Dz. Urz. UE z 8 lipca 2008 r. L 179/55 16 Dz. Urz. WE z 13 września 1991 r., L 256/51. 14 15

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Aleksander Babiński DETERMINATION OF FIREARMS IN THE POLISH LAW

As a result of the changes in Art. 7 paragraph 1 of the Act on Firearms and Ammunition, under the Act the meaning of a firearm is any portable barreled weapon that expels, is designed to expel or may be converted to expel one or more projectiles or substance as a result of a propellant. When analyzing this definition, in the first place it must be noted that it does not require firearms to and she was dangerous. It should be regarded as a curiosity. In analyzing this definition, it can be immediately seen that there is nothing to indicate that they have to be dangerous. This feature, as indicated above, is a constituent element for their regulation, or at least for increasing the criminal liability in the event of recourse to them when undertaking criminal activity17. It can, of course, be presumed that danger is implicit in the use of the term weapon which in itself contains an element of danger. However, the literal understanding of the word weapon included in many dictionaries does not seem to confirm this. The definition discussed also does not demand that a firearm is able to hit a target at a distance, which seems completely unintelligible. After all, the literature emphasizes18 that the need for gun control is a result of the fact that firearms pose a threat to human life and are able to hit at a considerable distance. Removing these elements from the legal definition of a firearm therefore puts into question the legitimacy of their control. According to the new definition the term firearm is used for a weapon with a barrel and therefore one which uses a barrel to expel a projectile or substance using a propellant system to give the projectile (or substance) Article 159 of the Penal Code provides: Who while taking part in a fight or beating someone uses a firearm, knife or other dangerous object (…) Whereas article 280 § 2 of the Penal Code says that if the perpetratorof a robbery uses a gun, knife or other dangerous object(...) they are liable to more severe punishment. 18 Eg. P. Palka, O prawno-kryminalistycznej problematyce broni palnej słów kilka, „Przegląd Policyjny” 1997, p.4 17

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kinetic energy19. This definition does not consider devices with a substitute barrel or with no barrel to be firearms. To sum up, it is clear that at present to be considered a firearm the weapon must meet cumulatively the following conditions: be portable; have a barrel; permit expulsion of, or adaptation to expel, one or more projectiles or substances; this expulsion results from the action of propellant. Use of the word “portable” in the definition appears to exclude the possibility of recognizing as firearms of all kinds of devices capable of firing missiles mounted permanently on vehicles or buildings. Paragraph 1a was introduced to Art. 7 of the Act on Firearms and Ammunition in accordance to its justification. It says: Within the meaning of the Act, an object shall be considered as capable of being converted to expel one or more projectiles or substances by the action of a combustible propellant if, as a result of its construction or the material from which it is made, it can be easily so converted. It defines the object adaptable to expel in a manner characteristic of a firearm. Adding such a provision to the Act is strange. A firearm, after all, within Art. 7 paragraph 1, is not identified as a tool, device or an object. It means that one cannot talk about firearms in respect of an item that can be adapted to expel as described, unless the item is already a portable barreled weapon. If this is so, it must have a barrel propellant system, used to give the projectile (or substance) kinetic energy. This means that the way an item has been adapted to expel, as indicated in Art. 7 paragraph 1a, cannot relate to the expulsion referred to in Art. 7 paragraph 1 of the Act on Firearms and Ammunition. Of course, using a teleological interpretation one can determine for what purpose the provisions of paragraph 1a were added. However, this does not See. S. Torecki, 1000 słów o broni i balistyce, Warszawa 1982, p. 259; A. Ciepliński, R, Woźniak, Encyklopedia współczesnej broni palnej, Warszawa 1994, pp. 230–231. 19


SECURITY DIMENSIONS

change the fact that the new definition of a firearm is an example of defining the unknown by an unknown. It does not bring clarity about what should be designated a firearm. It is the result of the introduction into legislation literal solutions that have been formulated in the acts of European Union law; the use of translation made without professional knowledge of firearms brings problems, resulting in the use of terms which are ambiguous and colloquial20. Help in identifying firearms is given in Art. 4 paragraph 1 item 1 of the Act on Firearms and Ammunition, where the legislation establishes the range of firearms within the definition. According to this, the following are considered to be firearms: combat weapons, hunting weapons, sporting guns, gas guns, alarm guns and signal guns. The legislation therefore in defining a firearm is not only limited to providing a general definition with a description of the method of operation and the effects of use. The Act not only provides a nominal definition of a firearm, but also identifies a range of firearms by type or by use, i.e. combat, hunting, sporting, gas, alarm and signal. It should also be noted that the legislation specifically covers firearms produced before 1850 and replicas of such weapons. These may be possessed without a permit (Art. 11 paragraph 1 of the Act on Firearms and Ammunition). It does not matter whether such a firearm is a combat, hunting, sports, gas, alarm or signal gun. The Act on Firearms and Ammunition does not contain a legal definition for combat, hunting, or sports, or gas weapons. Therefore, it is clear that it is very difficult and questionable to define them. Including this in the Act would certainly facilitate their legal classification. The name "combat" is quite

W. Brywczyński, J. Kasprzak, Nielegalne posiadanie broni…, p. 88. 20

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unfortunate. In the ballistic literature 21 it is described as a military weapon designed for fighting, fulfilling tactical and technical requirements, both in peacetime and war. This means that such a weapon should be considered as one intended essentially for the army. Of course, nowadays we often deal with all kinds of firearms which were constructed for the needs of various types of special services, and not necessarily the military. Therefore, combat arms should be considered as those that correspond to tactical and technical requirements for use in all kinds of operations in both peace and war. Hunting guns are described as weapons designed for hunting wild game which, depending on the construction of the barrel, are divided into smoothbore barrel (pellet – shotgun), rifled barrel (bullet – rifle) and combinations containing both smoothbore and rifled barrels (pellet-bullet – drilling [three barrels in any combination], combination shotgun/rifle)22. In the broadest sense, hunting weapons also include melee weapons, but these now play a minor role and are outside of our interest because they are not firearms, and sidearms (revolvers and pistols), used for hunting in some countries23. Legally determining what type of firearms are to be counted as hunting weapons is not easy. To help determine the designations of these weapons, before the amendment of the Act on Firearms and Ammunition 2011, a regulation24 was issued on the basis of Art. 10 paragraph 5 of the Act specifying, inter alia, weapons for the purposes of hunting. Unfortunately, this See. S. Torecki, 1000 słów o broni i balistyce, Warszawa 1982, p. 38; W. Kwaśniewicz, 1000 słów o dawnej broni palnej, Warszawa 1987, p. 36. 22 G. Seilmeier, Leksykon myślistwa od A do Ż, Warszawa 2003, pp. 55–60; S. Torecki, 1000 słów…, pp. 40–41. 23 W. Lampek, R. Mahrhold, Leksykon broni…, p 44–46. 24 Rozporządzenie ministra spraw wewnętrznych i administracji z 20 marca 2000 r. w sprawie rodzajów szczególnie niebezpiecznych broni i amunicji oraz rodzajów broni odpowiadającej celom, w których może być wydane pozwolenie na broń (DzU nr 19, poz. 240 z późn. zm.) — not mandatory. 21

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Aleksander Babiński DETERMINATION OF FIREARMS IN THE POLISH LAW

determined the weapons used for hunting purposes in a negative way. Art. 10 of the Act on Firearms and Ammunition that was expanded as a result of the amendment of 2011, specifies that weapons for the purposes of hunting come under separate regulations. Weapons authorized for hunting are defined in the Regulation of the Minister of Environment of 23 March 2005 on the detailed conditions for the exercise of hunting and marking of carcasses25. According to this, hunting and the killing of animals which pose an extraordinary threat to human life, health or the economy, is only allowed using long barreled, centrefire, rifled or smoothbore weapons with a maximum capacity of six single shots, except that no more than two rounds can be put in the magazine of self-loading weapons. The use of black powder guns, pistols and revolvers is excluded. Rifles used for hunting must be of a minimum calibre of 5.6mm and be designed for ammunition with a projectile energy of not less than 1000 Joules at a distance of 100 m from the muzzle. Hunting guns with smooth barrels do not have to comply with this condition. This does not mean, however, that hunting weapons in general are limited to the weapons described above since, for example, European Union countries have different regulations permitting hunting with weapons in a wider or narrower range than that indicated26. Therefore any assessment of firearms used for hunting requires an individual analysis of their characteristics. As with hunting firearms, one had to try to determine what was a sporting gun before the amendment of 2011, namely, to recognize that it is a firearm used in sporting activities. The scope of these will therefore be laid down in the rules of the sports concerned. 25

DzU nr 61, poz. 548 z późn. zm. Łowiectwo., Encyklopedia Larousse, Warszawa 1994, pp. 53–84. 26

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As in the case of hunting weapons, to help determine this, weapons which are considered sports weapons were identified in the regulation specifying, inter alia weapons for the purposes of hunting. This was done in a slightly better way than in the case of hunting weapons, as there was a positive enumeration. Although the regulation in § 6 defines weapons for which a license may be issued for the purposes of sport, this cannot however be equated with the legal definition of it as a sporting firearm, if only because it also pertains to pneumatic weapons. The amended Art. 10 of the Act on Firearms and Ammunition indicates that, for the purposes of sports, the following types of firearms can be held:  rimfire with rifled barrels and a calibre of up to 6 mm  centrefire with rifled barrels, and a calibre of up to 12 mm  smoothbore  weapons adapted to shoot exclusively with black powder A weapon used for personal defence (pistols, revolvers) that fires tear or nerve gas is commonly known as gas weapon27. The Firearms and Ammunition Act does not give a definition of a gas weapon. However, Polish norms28 describe such weapon type. According to the norms a gas weapon is a device in the form of revolver, pistol or of other shape, used for throwing incapacitating chemical material at a distance with help of propellant charge. It is important to note that W. Lampek, R. Mahrhold, Leksykon broni …, p. 40. PN-90/C-86100 Gas weapon. Requirements and research — in accordance with the Minister of Economy Regulation of 14th September 1999 on the introduction of the obligation to apply some of the Polish Norms (Journal of Laws No. 80, item. 911) total application of which was required only to 4 August 2001, in connection with the entry into force of the Minister of Economy Regulation of 5 which changed the above-mentioned Decree (Journal of Laws No. 74, item. 792); PN-V-86005:2000 Gas firearm. Requirements and research — standardises gas firearm in connection with state defence and security. 27 28


SECURITY DIMENSIONS

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in the meaning of the Firearms and Ammunition Act a weapon is recognised as a gas weapon only if it meets the reaming requirements of firearms, i.e. it is a device dangerous to life or health, equipped with barrel or other element that serves as a barrel, and throwing of the chemical material results from combustion of propellant. The definition given in art. 4 section 1 item 1 of the Firearms and Ammunition Act definitely classifies the gas weapon as a type of firearms. Additionally, the further description, given in art. 7 section 1 of the Act, concerning firearms allows to include gas weapons into firearms.29 According to the given description a firearm is a device that with help of barrel, or the element that serves as a barrel, fires at a distance a bullet or a substance. Before the Firearms and Ammunition Act came into force, gas weapon was not even classified as a weapon and definitely not as firearms, as a result only some regulations concerning firearms, ammunition and explosives30 applied to the gas weapon. The problem of classification of gas weapons as firearms has been the subject of many judgements that differed considerably in their content31. Any questions concerning this problem are answered in the Supreme Court resolution32, passed as a result of differences in law interpretation of the following legal issue: Is the gas weapon a kind of firearms within the meaning of both art. 263 § 2 and art. 280 § 2 of the Criminal Code? In the justification of the resolution the Court pointed out that the literature33 provides many

interesting disquisitions questioning the decision of the legislator, but they are not the source of arguments which are convincing enough to accept de lege lata different understanding of the notion of firearms within the meaning of the Firearms and Ammunition Act and the Criminal Code. The Court pointed out that the opinions opposing to the recognition of gas weapons as a kind of firearms were present in the literature 34 prior to the resolution of 1999, the legislator was familiar with them and nevertheless decided to adopt different model definition. Taking into consideration the fact that the task of jurisdiction is not to review legislative decisions, but only to decode the content of the law, the Court recognised that with effect from the date of entry into force the Firearms and Ammunition Act (4th July 1999) gas weapons are a kind of firearms within the meaning of both art. 263 § 2 and 280 § 2 of the Criminal Code35. Before the Firearms and Ammunition Act came into force, the signal, alarm as well as gas weapons were not treated as a weapon, but as an object to which applied only some regulations concerning firearms, ammunition and explosives36. Therefore when it comes to the signal and alarm weapons the remarks on the recognition of gas weapon as firearms seem to be valid for all three weapon kinds. Originally the Firearms and Ammunition Act did not give the definition of a signal weapon. Used a so their terms developed by the Central Forensic Laboratory of the Police

M. Tabor, Gazowiec jak…, p. 13. Rozporządzenia ministra spraw wewnętrznych z 29 października 1990 r. w sprawie rozciągnięcia…, § 1 pkt 1. 31 See. The Supreme Court ruling of 22 January2003, I KZP 46/02, „Prokuratura i Prawo” 2003, No. 3, item 10; the Supreme Court ruling of 4 November 2002, V KKN 376/01, „Biuletyn Sądu Najwyższego” 2003, No. 2. 32 The Resolution of the Supreme Court of 29 January 2004, I KZP 39/03, „Biuletyn Sądu Najwyższego” 2004, No. 1. 33 See. M. Kulicki, L. Stępka, D. Stucki, Kryminalistycznoprawna...; M. Nowożenny, Przegląd definicji pojęcia „broń palna” z punktu widzenia prawa karnego i kryminalistyki [in:]

Nowa kodyfikacja prawa karnego, (Ed.) L. Bogunia, vol. 7, Wrocław 2001; K. Gorazdowski, Broń palna — broń gazowa?, „Przegląd Sądowy” 2001, No. 5, pp. 62–65; Z. Jeleń, Pojęcie broni palnej, „Prokuratura i Prawo” 2002, No. 5, pp. 68–69. 34 See. T. Hanausek, Aktualne problemy dotyczące pojęcia broni palnej w polskiej teorii kryminalistyki, „Przegląd Sądowy” 1992, No. 4, pp. 59 et seg. 35 Ustawa z 6 czerwca 1997 r. — Kodeks karny (DzU nr 88, poz. 553, z późn. zm.). 36 Rozporządzenia ministra spraw wewnętrznych z 29 października 1990 r. w sprawie rozciągnięcia..., § 1 pkt 1

29

30

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Aleksander Babiński DETERMINATION OF FIREARMS IN THE POLISH LAW

Headquarters37. The amendment of 28 March 200338 adds to art. 7 of the Firearms and Ammunition Act sections 2 and 3 that concern signal and alarm weapon definitions. According to art. 7 section 2 signal firearm is a reusable device which with help of barrel calibre no less than 25 mm, is able to fire, as the result of the action of compressed gases produced in the reaction of propellant combustion, a substance in the form of pyrotechnic charge in order to make an acoustic or visual effect. The legal definition provided in the art. 7 section 3 of the Firearms and Ammunition Act says that the alarm firearm is a reusable device that uses compressed gasses, produced as a result of propellant combustion, in order to make an acoustic effect, and the substance fired from a barrel, or other element that serves as a barrel, strikes at a distance no longer than 1 metre. The special type of alarm weapon are the weapons having the calibre up to 6 mm. It is permitted by the legislator to possess such a weapon without licence (art. 11 clause 6 of the Firearms and Ammunition Act). It is worth noticing that the joint characteristic of alarm and signal firearms, that has not been mentioned in the general definition of a firearm, is the fact that they are reusable devices. It is out of question to categorise a disposable device as the alarm or signal firearm. On the day the Republic of Poland became a member of the European Union, i.e. 1st May 2004, came into force the regulation adapting national legislation to the EU law 39. The regulation introduces into the Firearms Letter of the Head of Research Department of Weapon and Ballistics of Central Forensic Laboratory of the Police Headquarters of 7 March 2011 (Ldz. H-950/01). 38 Ustawa z 14 lutego 2003 r. o zmianie ustawy o broni i amunicji oraz o zmianie ustawy o Biurze Ochrony Rządu (DzU nr 52, poz. 451). 39 Explanatory Report of the Act of 8 January 2003 on the amendments to the Firearms and Ammunition Act and on the amendments on the Government Protection Bureau Act <http://www.sejm.gov.pl; http://www.senat.gov.pl>, 20 December 2007. 37

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and Ammunition Act, and other acts, a concept of permanently deactivated firearm. Deactivating the firearm of its functional characteristics means that all the essential elements of a firearm are be deprived of their functional characteristics in such a way that, despite the action of compressed gases developed as a result of propellant charge combustion, it is not possible to strike a missile or some substance from a barrel, or other element that serves as a barrel, or to make visual or acoustic effect, and restoring the functional characteristic to the firearm is not possible without taking specialist actions (art. 6a section 2 of the Act). This means that the deactivated firearm loses its attributes and is no longer firearm.40 Therefore, using the term firearm to refer to such device is wrong as it is no longer one. At the same time it should not be the subject of regulation of the Firearms and Ammunition Act41. The recognition of significantly processed component parts42 (frame, baskila, barrel from the chamber cartridge, lock and chamber) is still an open issue. However it is worth noticing that the process of classification of the important component elements as a firearm derives from the regulation given in art. 5 section 1 of the Firearms and Ammunition Act, which says Prepared or treated important component parts of a firearm or ammunition are treated as a weapon or ammunition. However it seems that such reasoning is mistaken. To be more exact, art. 5 section 1 of the mentioned act uses the phrase (...) is treated as a weapon or ammunition instead of the phrase (...) is treated as firearms or ammunition). On K. Gorazdowski, Prawo do posiadania broni palnej pozbawionej cech użytkowych, „Przegląd Policyjny” 2003, No. 2, p. 49. 41 A. Babiński, Konsekwencje prawne niekonsekwencji ustawodawcy, „Policja” 2004, No. 3, p. 36. 42 M. Kulicki, L. Stępka, D. Stucki, Kryminalistycznoprawna…, pp. 56–59; W. Brywczyński, J. Kasprzak, Nielegalne posiadanie broni. Studiom prawnokryminalistyczne, Białystok 2013, p. 117. 40


SECURITY DIMENSIONS

this basis, art. 5 section 1 does not relate to art. 7 section 1 of the given act. The legislator, stating that Prepared or treated important component parts of a firearm or ammunition are treated as a weapon or ammunition, does not treat them as firearms but as a weapon in the general sense. Therefore art. 5 section 1 does not relate to art. 7 section 1, but rather to art.4, where the general definition of a weapon is given. Article 5 sections 2 and 3 do not introduce any changes into the presented state. These sections do not say that the important component parts of firearms and pneumatic weapons are treated as firearms or pneumatic weapon, but rather it specifies which of their component parts are important. This means that the important component parts of firearms or pneumatic weapon should be treated as a weapon type, but without consequences of possession. The described inaccuracy has probably not been noticed by the court that passes a ruling in which it is stated that, in accordance with art. 5 sections 1 and 2 of the Firearms and Ammunition Act, the important component parts e.g. barrel and chamber are treated as a firearm. 43 To sum up, object recognition as firearms, referred to in of the Firearms and Ammunition Act, is problematic. It requires not only the technical knowledge of firearms, but also the knowledge of legal regulations concerning the issue and allowing to determine its designate. Presented in this paper the issue of firearms clearly proves it. This paper certainly would allow to deepen knowledge of the covered material and as a result accurately classify objects as firearms or no weapons. It will also contribute to accurate assessment of offenders behaviour as offences or acts not prohibited but penalized, and at the same time to take actions allowing to improve public safety. The judgement of the Court of Appeal in Katowice of 21 January 2010, , „Prokuratura i Prawo” 2010, No. 7–8, p. 29. 43

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11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23.

24. 25.

Adamczak S., Pojęcie broni palnej, „Problemy Kryminalistyki” 1967, No 66. Adamczak S., Pojęcie broni palnej, „Problemy Kryminalistyki” 1967, No 66. Babiński A., Konsekwencje prawne niekonsekwencji ustawodawcy, „Policja” 2004, No. 3, p. 36. Brywczyński W., Kasprzak J., Nielegalne posiadanie broni i amunicji.Studium prawno-kryminalistyczne, Białystok 2013. Ciepliński A., Woźniak R,, Encyklopedia współczesnej broni palnej, Warszawa 1994. Dz. Urz. UE z 8 lipca 2008 r. L 179/55 Dz. Urz. WE z 13 września 1991 r., L 256/51. DzU nr 19, poz. 240 z późn. zm. DzU nr 61, poz. 548 z późn. zm. Explanatory Report of the Act of 8 January 2003 on the amendments to the Firearms and Ammunition Act and on the amendments on the Government Protection Bureau Act <http://www.sejm.gov.pl; http://www.senat.gov.pl>, 20 December 2007. Gorazdowski K., Broń palna — broń gazowa?, „Przegląd Sądowy” 2001, No. 5, pp. 62–65; Z. Jeleń, Pojęcie broni palnej, „Prokuratura i Prawo” 2002, No. 5. Gorazdowski K., Prawo do posiadania broni palnej pozbawionej cech użytkowych, „Przegląd Policyjny” 2003, No. 2, p. 49. Hanausek T., Kryminalistyka — zarys wykładu, Kraków 1996. Hanausek T., Aktualne problemy dotyczące pojęcia broni palnej w polskiej teorii kryminalistyki, „Przegląd Sądowy” 1992, No. 4, pp. 59 et seg. Horoszowski P., Kryminalistyka, Warszawa 1958. Kasprzak J., Kryminalistyka — podręcznik dla Żandarmerii Wojskowej cz. 1 — Technika kryminalistyczna, Warszawa 1995. Kulicki M., Dowodowa problematyka współczesnej broni strzeleckiej, Kraków 2001. Kulicki M., Kryminalistyka. Wybrane problemy teorii i praktyki śledczo-sądowej, Toruń 1994. Kulicki M., Stępka L., Stucki D., Kryminalistycznoprawna problematyka broni strzeleckiej. Komentarz do przepisów o broni i amunicji, Kraków 2003. Letter of the Head of Research Department of Weapon and Ballistics of Central Forensic Laboratory of the Police Headquarters of 7 March 2011 (Ldz. H-950/01). Lewenberg B., Schaff L., Kryminalistyka, Warszawa 1949, p. 147; Łowiectwo., Encyklopedia Larousse, Warszawa 1994. Nowożenny M., Przegląd definicji pojęcia „broń palna” z punktu widzenia prawa karnego i kryminalistyki [in:] Nowa kodyfikacja prawa karnego, (Ed.) L. Bogunia, vol. 7, Wrocław 2001. Palka P., O prawno-kryminalistycznej problematyce broni palnej słów kilka, „Przegląd Policyjny” 1997, p.4 Poznaniak W., Społeczno-psychologiczne aspekty posiadania broni, „Ruch Prawniczy, Ekonomiczny i Socjologiczny” 2003, vol. 2, p. 265.

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Aleksander Babiński DETERMINATION OF FIREARMS IN THE POLISH LAW 26. Rozporządzenie Prezydenta z 27 października 1932 r. — Prawo o broni, amunicji i materiałach wybuchowych (DzU nr 94, poz. 807 z późn. zm.). 27. The judgement of the Court of Appeal in Katowice of 21 January 2010, , „Prokuratura i Prawo” 2010, No. 7–8, p. 29. 28. The Resolution of the Supreme Court of 29 January 2004, I KZP 39/03, „Biuletyn Sądu Najwyższego” 2004, No. 1. 29. The Supreme Court ruling of 22 January2003, I KZP 46/02, „Prokuratura i Prawo” 2003, No. 3, item 10. 30. The Supreme Court ruling of 4 November 2002, V KKN 376/01, „Biuletyn Sądu Najwyższego” 2003, No. 2. 31. Torecki S., 1000 słów o broni i balistyce, Warszawa 1982. 32. Ustawa z 14 lutego 2003 r. o zmianie ustawy o broni i amunicji oraz o zmianie ustawy o Biurze Ochrony Rządu (DzU nr 52, poz. 451).

33. Ustawa z 21 maja 1999 r. o broni i amunicji (tekst pierwotny DzU nr 53, poz. 549; tekst jedn. DzU z 2012 r., poz. 576). 34. Ustawa z 31 stycznia 1961 r. o broni, amunicji i materiałach wybuchowych (DzU nr 6, poz. 43 z późn. zm.). 35. Ustawa z 5 stycznia 2011 r. o zmianie ustawy o broni i amunicji oraz ustawy o wykonywaniu działalności gospodarczej w zakresie wytwarzania i obrotu materiałami wybuchowymi, bronią, amunicją oraz wyrobami i technologią o przeznaczeniu wojskowym lub policyjnym (DzU nr 38, poz. 195, z późn. zm.). 36. Ustawa z 6 czerwca 1997 r. — Kodeks karny (DzU nr 88, poz. 553, z późn. zm.). 37. Wójcikiewicz J., Posiadanie broni palnej przez obywateli, Warszawa-Kraków 1999. 38. Zając B., Wybrane prawno-kryminalistyczne aspekty nielegalnego posiadania lub wyrobu broni palnej i amunicji, „Problemy Kryminalistyki” 1984, No 166.

AUTHOR Aleksander Babiński, Ph.D., Junior inspector of police Polish. Police officer since 1991, author of several publications on legal aspects of security and public order, police and the organization of the proceedings conducted by the public security and order. Teaching experience gained conducting classes primarily at the Higher Police School in Szczytno. He has participated in task forces appointed by the Chief of Police. He carried out several research projects. Active participant in several seminars and conferences, including international. Secretary of the quarterly review of Police. E-mail: babinskialeks@wp.pl

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (23-31)

THE OFFICERS OF GOVERNMENT PROTECTION BUREAU COMPETENCES AND ABILITIES IN TERMS OF PROTECTING PEOPLE, FACILITIES AND EQUIPMENT Jarosław Cymerski, Ph.D. Biuro Ochrony Rządu ICLE INFO ABSTRACT Government Protection Bureau as unitary, uniformed and armed formation was appointed to perform under the Act of 16 March 2001 about the Government Protection Bureau (BOR). BOR Formation performs tasks included in the field of competences of public administration. It carries out statutory tasks such as providing safety and public order and state security. Government Protection Bureau as specialized formation performs tasks in the field of protection of people, facilities and equipment that are of particular importance for the state. Tasks of the formation were indicated in the Art. 2 of the Act of 16 March 2001 about the Government Protection Bureau. Performing statutory tasks imposed by legislator concerning protection of people, facilities and equipment, requires specialist preparation and powers.

ARTICLE INFO Article history Received: 15.05.2014 Accepted 06.07.2014 Keywords Government Protection Bureau, security, powers, training.

Government Protection Bureau (GPB) as a single, uniformed and armed formation presently operates on the basis of The Act on Government Protection Bureau of 16 March 2001. Previously, on the 12th of June 1924, the Minister of Interior Zygmunt Hübner – brought into existence a protection brigade, according to the instructions on executing protective services . The current shape of the structure of the Government Protection Bureau was introduced by Order No. Pf-2 released by the Minister of Internal Affairs and Administration on 25 of May 2007 on the introduction of a detailed organizational structure of the Government Protection Bureau. The above mentioned act is confidential.

GPB performs tasks within the area of competence of public administration. It carries out statutory tasks included in the directory of government projects that include provision of security and public order. Government Protection Bureau operates within the department of internal affairs that deals, among other things, with the protection of public safety and order . In the context of the ongoing considerations concerning the abilities and competences of Government Protection Bureau for realizing statutory tasks, the list of these tasks imposed on the formation should be mentioned here. Government Protection Bureau, as a specialized formation fulfilling tasks for the protection of people, facilities and equipment, has particular importance to national security. 23


Jarosław Cymerski THE OFFICERS OF GOVERNMENT PROTECTION BUREAU COMPETENCES…

The above mentioned tasks are defined in the Article 2 of the Act of 16 March 2001 on the Government Protection Bureau. These tasks include protecting of the President of the Republic of Poland, the Marshal of Sejm and Senate, the Prime Minister and the Deputy Prime Minister, as well as ministers competent for internal affairs, the ministers responsible for foreign affairs and other persons designated by appropriate regulations of the Minister of Internal Affairs. Furthermore – the protection of the former Presidents of the Republic of Poland, according to the Act on the salary of former Polish President of 30 May 1996. According to the above mentioned act, the former President retains the authorization to be protected exclusively on Polish territory. The terms of use of this law are determined by the Minister of Interior. The tasks associated with the protection of persons designated by decision of the Minister of Internal Affairs have been imposed on the formation. These persons are protected for the sake of the state. Decisions relating to these actions bear kept secret. According to the binding law, Government Protection Bureau ensures protection of the delegations of foreign countries visiting Poland – as well during official visits as in case of working visits. GPB carries out tasks for the protection of Polish diplomatic representations, consular offices, delegations to international organizations situated outside the borders of the Republic of Poland. These actions are undertaken in accordance with the regulation of the Minister of Internal Affairs and Administration of 20 March 2003 on the terms, conditions and procedures for the Government Protection Bureau’s officers concerning protection of the Polish diplomatic missions, consular offices and delegations to international organizations beyond the borders of the Republic of Poland. It is however worth mentioning that GPB’s officers do not provide 24

protection to all Polish diplomatic missions but only to the ones located in countries with high threat of terrorist attacks, and the risk of social unrest and crime. As far as the tasks imposed on GPB are concerned, there are also the ones linked with the protection of the following installations: facilities used by the President of Poland and the Prime Minister as well as the Ministries of Internal Affairs and Administration and the Ministry of Foreign Affairs. Government Protection Bureau completes also the tasks associated with the protection of objects and devices of particular importance. Information on the range of activities bears the secrecy clause - "top secret". The tasks of the area are defined in decision No. 00-10 of the Minister of Internal Affairs and Administration of 26 June 2003 on the provision by the Government Protection Bureau the protection of objects and devices of particular importance. The formation provides also radiological and pyrotechnic recognition within the Chancellery of the Sejm and the Senate. The scope of these activities has been defined in Decision No. 0 -28 of the Minister of Internal Affairs and Administration of 18 October 2001 on the conduct of pyrotechnic and radiological recognition in the facilities of the Chancellery of the Polish Sejm and Senate. It should be emphasized that for the physical protection of both chambers the Downing Guard (Straż Marszałkowska) – uniformed formation subjected to the Marshal of the Sejm - is responsible. Such a wide range of tasks imposed on the Government Protection Bureau requires adequate preparation. Therefore, taking into the account the specificity and complexity of the tasks performed by the formation, an obligation to permanently improve working methods has been introduced according to the Article 11.7 of the Act of 16 March 2001 on the Government Protection Bureau. This improvement is conducted on the basis of a


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multi-faceted training of the officers. The training process is implemented by the department responsible for the proper training, that conducts physical training in defense as well as in shooting. The document that regulates the principles of conducting training in the Government Protection Bureau is Ordinance No. 42/10 dated 31.12.2010 released by the Chief of the Government Protection Bureau on specific conditions and improvement of skills of the officers of the Government Protection Bureau. The aim of the process of training and professional development is theoretical and practical preparation of officers for carrying out duties related to the activities described in the Article 2 of the act on GPB. Trainings and courses are organized as lectures, tutorials and practical classes containing the necessary knowledge and skills for proper performance of duties by the officers of the Government Protection Bureau. In the process of training and professional development the following trainings may be distinguished: Basic course – preparing for the duty in the Government Protection Bureau. This is the introductory training for officers to carry out their duties. Every candidate is obliged to complete the basic course, regardless of their education, years of service or time spent outside of the Government Protection Bureau. In case of soldiers released from service or officers released from the Police, Border Guard, State Fire Service, Prison Service, Central Anti – Corruption Bureau, Internal Security Agency, Foreign Intelligence Agency, Military Intelligence Service there is a possibility of sending the officers to the course in different term. This may be the result of the need to use an officer to the task because of their special abilities and skills or due to the time of the planned course. The scope of the program and the matters of the course allow the participants to prepare for an examination

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at the first stage of NCO Government Protection Bureau. Officer training (course) – equals specialized training that broadens professional skills in terms of theory and practice as necessary elements for the proper execution of tasks within the officer corps. This course is addressed to the officers holding university degrees. Before the course starts, the officer delegated to the course needs to have a position provided. The course is dedicated only to the officers that required the highest opinions in recent professional evaluation. The participation of the officer in the course is preceded by the recruitment procedure that consists of the following elements: candidate’s education and completed courses, the average evaluation from the last two exams in physical, defense and shooting, as well as the length of service, the average scores from the last two annual opinions. The above mentioned opinion assesses the ratio of an officer to the service and the level of their involvement in the implementation of tasks. Also the rank of the candidate is taken into consideration. Also the tasks carried out by the candidate are significant as they concern the protection of diplomatic missions in the war zone or during the threat of terrorism, as components pointing to the experience gained. An important criterion for a candidate to qualify for the course is the opinion issued by the direct supervisor for the period of stay in the diplomatic missions abroad, especially in the diplomatic missions located in the war zones or on the territories where the threat of terrorism appears. The training is conducted either as a regimented training or as a stationary training. Specialized course that prepares to serve the organizational unit responsible for special protection. That is a specialist training preparing officers for the tasks on special security field. Special protection should be understood as ensuring the protection of 25


Jarosław Cymerski THE OFFICERS OF GOVERNMENT PROTECTION BUREAU COMPETENCES…

persons, objects and devices in case of high degree of security threats. These tasks include the implementation of safeguards to the Polish delegation during visits to areas of Polish diplomatic missions, consular offices located in zones of military actions and terrorist threat zones. The above mentioned course is dedicated to the officers who completed the basic course and has at least three years of professional service in the Government Protection Bureau. Moreover, to the ones who received at least a good score from recent professional evaluation. This specialized training is preceded by the qualification proceedings. As a part of the qualification procedure, the candidate is obliged to succeed in the tests in defense and in shooting. Standards specifying the criteria of physical exams in defense and shooting are contained in separate regulations. The preparatory course for the implementation of special security is conducted as a stationary or regimented training. Specialized training for the GPB officers on the protection of diplomatic missions, consular offices and delegations acting by the international organizations outside Poland the general part. This training prepares the officer to perform the tasks on the protection of objects outside the country and people at the site of diplomatic missions. For this training an officer is sent by the Chief of the department responsible for the security and protection of the Polish diplomatic missions, consular offices and delegations acting by the international organizations. Specialized training for the GPB officers on the protection of diplomatic missions, consular offices and delegations acting by the international organizations outside Poland – the specialist part. This part of the training prepares the officer to carry out the tasks within the protection of Polish diplomatic establishments belonging to B category. These are Polish diplomatic missions, 26

consular offices and representations by the international organizations located in the areas where military operations are conducted, or facilities located in the areas jeopardized by the terrorism. The scope of the training also covers the direct defense issues. Similarly, as in case of general part of the training, the decision about delegating an officer to participate in the training is made by the Chief of the department responsible for the security and protection of the Polish diplomatic missions, consular offices and delegations acting by the international organizations. Professional improvement is conducted in accordance with a plan developed by a chief of the department responsible for training, approved by the chiefs of the organizational departments of GPB and accepted by the Chief of the Government Protection Bureau. It is divided into the central trainings for groups G1, G2, G3, G4 concerning general issues on protection. Among these: central directive, local directive and external. This wide range of tasks carried out by the Government Protection Bureau on securing the protection of persons, objects and devices important for the sake of the state requires specific powers to enable effective implementation of the tasks. Thus, the officers of GPB are provided with the authorization that may be used in the conditions threatening proper fulfilment of the protective measures. Due to the wide range of authorization of the GPB officers, in this publication only some of them are mentioned, concerning administration, order, use of coercive measures and firearms. As far as the activities concerning administration and order are concerned (Article 13 of the Act on GPB), the catalogue includes the powers that an officer may use while performing tasks. During the completion of the tasks described in the Article 2.1 of the above mentioned act, an officer may give orders to people whose behavior may cause


SECURITY DIMENSIONS

threat to the safety of people, facilities and equipment protected by GPB . If it turns out to be necessary, an officer is empowered to check the identity of a person in their IDs . The list of activities concerning administration and order includes also the power to limit liberties and freedom of a person against whom an action was taken . This concerns arresting people who clearly cause threat to humanâ&#x20AC;&#x2122;s life and health as well as to the property and those who flagrantly violate public order. Arresting is to be found as a form of coercion involving deprivation of liberty for a short time of a person that leads to stopping this person from moving and communicating freely, making their submit the orders of the officer, including also their placement in a desolate place . Officers of the Government Protection Bureau within their competences may conduct personal control, investigate the contents of luggage, check loads and facilities in situations where it is necessary to ensure the safety of the protected persons, objects, and devices. These activities are included in the list of activities and are of preventive dimension . In addition, officers may request the necessary assistance from the state institutions, administrative bodies and local governments, as well as from business entities operating in the field of public utilities. These institutions and bodies are obliged to provide assistance within their activities. The issue of the assistance of business entities is defined in the regulation of the government dated 9 April 2002 on the detailed steps of the exercise by the Government Protection Bureau officers and their use of the assistance of other entities. By law, the GPB officers are provided with powers to request the necessary assistance from other entities and social organizations, as well as to refer in emergency cases to any person in order to provide necessary assistance. However, taking into consideration

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the fact that the above mentioned activities influence citizensâ&#x20AC;&#x2122; rights and freedoms, the GBP officers are obliged to act in a way that has the least impact on the infringement of personal goods . The catalogue of coercive measures available to the officers of the Government Protection Bureau is defined in the Act of 24 May 2013 on measures of direct coercion and firearms. On the basis of these rules the Government Protection Bureau officers are authorized to use coercive measures and firearms. Article 11 of the Act indicates the range of activities for which one may need to use or is authorized to use coercive measures . These actions have been defined by the legislature as the power to enforce behavior compliant with the command given by the authorized person (Article 11 point 1). In addition, the catalogue includes also measures undertaken in order to repel an unlawful attack against the life, health and freedom of its holder or other person (Article 11 point 2) and actions against assassination attempts towards life, health or freedom of a person (Article 11 point 3). The Act on coercion and firearms points also to the effect of using coercive measures against the infringement of public order and public security (Article 11 point 4). This concerns preventing direct attacks on areas, facilities and equipment, protected by the authorized bodies (Article 11 point 5). In addition, officers are authorized to use coercive measures in order to ensure the protection of public order and safety in areas and buildings protected by them (Article 11 point 6) and preventing damage to property (Article 11 point 8). In the Article 11 point 7, the legislature established the right to the use of coercive measures for actions in the field of counterattack on the integrity of the state border within the meaning of Article 1 of the Act of 12 October 1990 on the protection of the state border. 27


JarosĹ&#x201A;aw Cymerski THE OFFICERS OF GOVERNMENT PROTECTION BUREAU COMPETENCESâ&#x20AC;Ś

The Article 11 point 9 indicates the necessity to ensure safety of the convoy. Other powers apply to actions in the field of recognition of a person, to thwart their escape or pursuit of the person (Article 11 point 10) and the detention of a person in order to thwart their escape or pursuit of the person (Article 11 point 11). GPB officers are enabled to use coercive measures in case of actions on overcoming passive and active resistance, as well as to prevent actions leading to selfharm (Article 11 points 12-14). Under the Act of 24 May 2013 on measures of direct coercion and weapons, there are defined coercive measures that may be applied by the Government Protection Bureau officers. It contains the description of the forms of their use and points persons responsible for the decision of their use (Article 35 paragraph 1 and Article 4 paragraph 3). Leading protective measures in relation to the people, facilities and equipment, the Government Protection Bureau implements them on the basis of the form of action, as defined by the legislature. In a wide catalog of forms of activities are: planning, among other things, the protection of persons and objects, identification and analysis of risks as well as preventing them from occurring. Planning security of people, facilities and equipment is the first stage in the implementation of the measures carried out by the Government Protection Bureau within the security issues. It is based on determining the size of the forces and resources necessary for optimal protection of the protected person, object or device. During the security planning process, particular attention is paid to the security elements indicating its specificity. Thus, in case of persons under protection into consideration are taken: the position a person holds (president, prime minister, minister, other office) and place of protection (protected object or object not covered by protection, open area). Furthermore, the character of the 28

protection (the official, working or private visit) and the severity of threat. The last one is also specified for the protected facility or object. In addition, the planning stage is indicated for the task at security category, which is determined by the commander of security, considering its complexity. The issues concerning security category are confidential that is why this matter cannot be further discussed. As next form of the activities legislator pointed recognition, analysis and risk prevention. These activities are realized on the basis of legal delegation contained in the Article 12 of the Act of 16 March 2001 on the Government Protection Bureau. This delegation authorizes the formation to perform administrative and preventive activities. The term "prevention" should be understood as the use of different preventive measures in order to stop accidents, damage and disaster . Government Protection Bureau under the current regulations has the right to conduct prevention activities only to the extent of the protected subject (protection of people, facilities and equipment) and these actions consist on widely understood prevention . Preventive actions are carried out in relation to all persons, facilities and equipment protected by the Government Protection Bureau. Forms of preventive measures are set out in the Article 16 of the Act of 16 March 2001 on the Government Protection Bureau. These regulations concern prevention of the occurrence of offenses, in the meaning of criminal law, in which a protected person could be harmed. They also refer to the identification and determination of all threats in order to fulfil the tasks described in the Article 2 paragraph 1 of the act . Article 17 paragraph 1 of the act specifies the methods of prevention activities. These are related to the collection, processing and use of information and they refer to scrutiny of the facilities and devices protected by Government Protection Bureau in order to


SECURITY DIMENSIONS

reveal threats to their safety . Preventive actions undertaken by GPB are also used to carry out risk analyzes prepared in order to determine the degree of risk for the protected persons, facilities and equipment. The above mentioned analysis is also prepared in accordance with information provided by the operators interacting within the Counterterrorism Center of Internal Security Agency. The cooperation between subjects is based on the legal delegation to cooperate with other entities in the use of aid and obtaining information from other entities to the extent necessary to ensure the safety of people, facilities and equipment that are protected. The exchange of information between entities has been standardized by the regulation released by Prime Ministers on 4 March 2008 on the terms, conditions and modalities of the transfer by the Government Protection Bureau information obtained by the Police, the Internal Security Agency, Intelligence Agencies, Coast Guard, Military Counterintelligence Service, Military Intelligence Service and Military Police. Another form of protection indicated by the legislature is coordination of the activities carried and execution of direct protection of persons, buildings and equipment. These information are under the confidentiality clause and therefore cannot be further described. The specificity of the tasks realized by Government Protection Bureau requires active cooperation beyond stateâ&#x20AC;&#x2122;s borders. Therefore, the Government Protection Bureau cooperates widely with bodies responsible for the security of persons and entities of public safety systems in other countries. After joining European Union by the Republic of Poland, Government Protection Bureau became an active participant in the working groups and organizations whose registered activity is focused on providing security for the public. Government Protection Bureau is a member of ENPPF (European Network for the

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Protection of Public Figures), APPS (Association of Personal Protection Services), Twinning Project PL. Taking into consideration the subject of the article, brief characteristics of the activity of the organizations mentioned is necessary. European Network for the Protection of Public Figures (ENPPF) was set up by the European Council Decision of 28 November 2002. It consists of the national police services and other services responsible for the protection of the public figures. The networkâ&#x20AC;&#x2122;s objectives are the following: the exchange of information while planning the protection of the public figures during their visits in EU, developing common views on methods of common action to prevent assaults and attacks in order to create maximum safety to protected figures. Association of Personal Protection Services brings together public institutions from the whole world responsible for the security of the most important people. The main objective of the organization is to exchange ideas, knowledge, experience, information and promotion of close cooperation between the security services during the implementation of common tasks. In addition, the Government Protection Bureau is working closely with the protective services from around the world such as: Israel Security Agency, Bundeskriminalamt, Secret Service. Ensuring the protection of persons, objects and devices of particular importance for the sake of the state are the basic tasks of the Government Protection Bureau. Apart from that, protection of government representatives, representatives of the delegations of foreign countries residing in Poland and their facilities. Within the tasks one may also distinguish protection of Polish diplomatic missions located in the territories of the countries covered by the war and the Polish units located in the zones of the terrorist threat. 29


Jarosław Cymerski THE OFFICERS OF GOVERNMENT PROTECTION BUREAU COMPETENCES…

Taking into account the dynamics of today's threats, the implementation of such complex tasks requires appropriate powers and specialist training based on the collaboration with the security system, government and local government. The international dimension requires the cooperation with foreign entities responsible for the preparation and implementation of common security as well. The scale of hazards in the modern world, their complexity and their volatility leave no doubts about the need to modify and improve the process of training of the officers of Government Protection Bureau as a formation equipped with the legal instruments for the effective implementation of tasks under the applicable national and international law. Equipped with modern tools that provide direct access to information used to conduct analyzes in the area of hazard identification and forecasting the directions of their evaluation. Tools which enable modifying the forms and methods of protective measures in respect of persons, objects and devices of particular importance for the state in such a way that they are capable of effectively counter the potential threats. Taking into account the specificity and complexity of the tasks, the importance of the process of training of the officers conducted within the Government Protection Bureau has to be emphasized. Training conducted at each level - the level of intervention, tactical and strategic level with the use of experience gained by the Government Protection Bureau and other services, with particular emphasis on the experience in the implementation of tasks outside the country during the protection of diplomatic zones prone to terrorist threat. An important part of the training process is obtaining a high level of cooperation between the bodies of the state security system, as well as these of public and local administration. For this purpose coordination and guidance of the activity is necessary, which – in the light of the applicable statutory 30

provisions in accordance with Article 11 of the Act of 16 March 2001 on Government Protection Bureau is conducted by the Government Protection Bureau. It must be based on precise legal acts defining the roles of the different entities and bodies within their competence. Therefore, formal assignment of specific tasks in the framework of implemented safeguards with respect to the protected persons, objects, and devices, seems important. It is necessary to permanently develop IT tools supporting process of planning, preparing, execution and analysis of implemented means of security. As for the tasks associated with planning and coordination of logistics activities, it is necessary to modernize tools supporting planning and management of materials regarding to the current needs resulting from the formation of dynamically allocated tasks. In addition, it is appropriate to also build awareness of both – the protected persons, persons working in the structures of central and local government on today's threats as well as the present course of action as a result of their existence. The essence of the activities carried out by the Government Protection Bureau is to take action before the threats appear. The essence of the above is greatly described by the words of H. Kissinger, U.S. politician, diplomat, Nobel Peace Prize winner: "Security is the foundation of everything we do" . Government Protection Bureau is at the forefront of avant-garde institutions responsible for security and at the forefront of the bodies preparing to carry out their tasks effectively. This results from the specifics of the carried tasks as well as from the nature of the threats of the modern world.

REFERENCES: Misiuk A. Administracja spraw wewnętrznych w Polsce od połowy XVIII wieku do współczesności. Zarys dziejów, Olsztyn 2005.


SECURITY DIMENSIONS Lipski J. Nalaskowska U. Zaidler K. Ustawa o Biurze Ochrony Rządu - Komentarz, Warszawa 2008. Hołda Z. Rzepiński A., Zatrzymanie i tymczasowe aresztowanie a prawa człowieka, Lublin 1992. Mały słownik języka polskiego, red. S. Skorupa, H. Auderska, Z. Łempicka, Warszawa 1989. Sources of law: Ustawa z dnia 4 września 1997 r. o działach administracji rządowej (Dz. U. z 2007r. Nr 65, poz.437 z późn.zm.)

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Ustawa z dnia 24 maja 2013 r. o środkach przymusu bezpośredniego i broni palnej (Dz. U. z 2013 r. poz. 628, 1165, z 2014 r. poz. 24) Art. 13 Ustawy z dnia 16 marca 2001 r. o Biurze Ochrony Rządu (Dz. U. z dnia 30 marca 2001 r.)

AUTHOR Jarosław Cymerski – born. 25 November 1971 in Warsaw. Graduated from Police Academy in Szczytno and National Defence University in Warsaw. PhD. in the field of politics. He defended his doctoral thesis in Pultusk Academy of Humanities. For 20 years he is an officer of the Government Procection Bureau, currently having the rank of major His scientific interests focus on the issue related to functioning of subjects of the system of security of the Republic of Poland performing tasks in the field of counteracting terrorism and fighting it.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (32-42)

FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE INVESTIGATION PURPOSES Lt. Col. Štefan Galla, PhD.1 gen. JUDr. Alexander Nejedlý2 plk. JUDr. Stanislav Celleng3 kpt. Ing. Veronika Miškovičová4, por. Andrea Majlingová, PhD.5 1, 4, 5Fire

Research Institute of Fire and Rescue Corps of the Slovak Republic

2, 3Presidium

ABSTRACT In the paper, there are introduced the results of analysis of fire occurrence data and a map of spatial distribution of fire occurrence in the territory of Presov region in period 2004 - 2013. To provide the analysis was necessary to build a fire geodatabase, which contained the data that are collected at the Fire Research Institute since 1996. To visualize the data on fire occurrence we used the cartogram built in the ArcGIS environment. The results of such analysis are necessary as for providing the fire risk analyses as for fire investigation purposes.

ARTICLE INFO Article history Received: 04.05.2014 Accepted 13.06.2014 Keywords Fire, fire risk, fire investigation, GIS, spatial analysis

INTRODUCTION The data on fire occurrence have been collected, summarized and evaluated at the Fire Research Institute of the Ministry of Interior of the Slovak Republic since 1996. There are collected and summarized the data coming from all the Local and Regional Headquarters of the Fire and Rescue Corps of the Slovak Republic. Those data represent of type of input data required to complete the form on the fire brigade intervention in the CoordCom environment used for operational management fire and rescue activities. The data, after collecting at the Fire Research Institute, are processed and analyzed in STAT ZPP software environment. The core of this 32

program is a database of fire occurrence, the analyses and the functions to be used are the same as in many others database systems. This program is mostly used to produce the fire statistics, which are annually published by the Institute in the form of print publication. In this paper we introduce an approach to processing the data on fire occurrence in GIS environment. For this purpose we applied the professional ArcGIS 10 Desktop environment. To visualize the data on fire occurrence in the particular districts of the Presov region in period 2000 – 2013 we used the cartograms. This is the first time we used the GIS to process and visualize these data this way


SECURITY DIMENSIONS

PROBLEM Geographical information system (GIS) is a comprehensive tool to process and visualize spatial data. To its basic functions belong: input data from different sources including the GNSS devices, data pre-processing The Analytical and Expertise Department of Fire Research Institute of the Ministry of Interior in Bratislava ensures the performance of state administration in identifying the causes of fires: manages from a professional point of view the activity of state fire supervision in the field of investigation of the causes of fires, statistical monitoring and creating the analyzes on fire occurrence; plays a role in collecting statistics on fires and expertizes on the causes of fires in the Slovak Republic; and processes the analyzes on the development of fires. The purpose of processing the fire analyzes is the concentration and analysis of data and knowledge on fires and their use in management, preventive-educational, inspection and operational and technical activities. District Directorate and the Regional Directorate of the Fire and Rescue Corps use in the processing of fire analyzes in particular the knowledge gained in investigating the causes of fires, enforcing the state fire supervision and activities related to firefighting. To process analyzes, the organizational departments of the directorate are involved, which are applying the knowledge from their own activities. Analyzes are intended only for official use. About the provision of data from analyzes decides the President, Vice president, Director of the Institute or Director of the Regional Directorate or District Directorate of the Fire and Rescue Corps. Fire Analysis contains basic information about fires, in particular: the number of fires, direct damages, consequential damages, saved values, the number of injured people, the number of dead people; overview on fires, with which was the number of persons injured or killed or amount of direct damage

11

fundamentally influenced; evaluation of the fire safety situation in the sectors of the economy; evaluation of the activities of the Fire and Rescue Corps members who were involved in investigating the causes of fires, evaluating the survey results of the causes of fires from the success of clarification, the organization of activities in the field of investigation of the causes of fires and the appropriateness and comprehensiveness of material-technical equipment of the department point of view (conversion of formats, transformation of reference systems, setting projection, georeferencing, selecting the area of interest), processing the database records (updating, filtering, etc.), data analyzes applying the spatial analyst tools, map algebra tools, distance analyzes tools or geostatistical and network analyzes tools, and creating the output in the form of maps or web map services. To visualize the results of analyzes on fire occurrence we used the cartograms. Cartogram can be described as a map, in which represent the statistical data for particular territorial units in the form of chart. The values which are expressed in the map are always absolute. The chart is commonly placed in the center of the polygon. Current GIS systems offer different types of charts to select: bar/column, pie or stacked [1]. EXPERIMENTAL PART To analyze the data on fire occurrence, which occurred in Presov region in period 2004â&#x20AC;&#x201C; 2013, we used the tools and functions provided by the ArcGIS 10 environment. The data on fire occurrence were exported from the STAT ZPP program in database format. In the database were introduced data on the date of fire ignition, number of fire, the place and environment of fire ignition, the reason of fire ignition, the damage calculated in EUR currency and the extent of the fire damaged area. 33


Štefan Galla et al. FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE…

In the analyses we consider only the number of fires per district in each year in the time period observed, the reason of fire ignition classified to the following categories: carelessness of children up to 15 years, setting fire at waste dumps, manipulation with open fire, grass burning, arson and electrical shock; and the fire damage expressed in EUR. These data were analyzed, processed to the form suitable to be used in ArcGIS environment. The numbers of fires, classified by the reason of fire ignition were extracted for each district existing within the Presov region. Totally, there are 13 districts: Presov, Poprad, Kezmarok, Stara Lubovna, Sabinov, Levoca, Bardejov, Svidnik, Stropkov, Vranov nad Toplou, Medzilaborce, Humenne, Snina. To visualize the results of analyses we used the cartograms. We also processed the data on the fire damage expressed in EUR currency in GIS.

Results Here we introduce the results of data on fire occurrence processing in GIS in graphical and also in tabular form. From the results of fire number analysis in period 2004 – 2008 figures the fact that the highest number of fires occurred in 2007. It was totally 2,337 fires. The highest number of fires that year occurred in Stropkov and Presov districts. Year 2007 belonged to the most dry years in period analyzed. The total number of fires that occurred in this period was 8,977. In Fig. 1 we introduce the results of survey related to the number of fire occurrence in particular years of the period analyzed (2004 – 2008) in form of cartogram produced in ArcGIS. In Tab. 1 we introduce the overview on the fire number in period 2004 - 2008 in tabular form.

Fig. 1 Results of survey related to the number of fires in period 2004 – 2008

34


SECURITY DIMENSIONS

DISTRICT/YEAR

11

NUMBER OF FIRES 2004

2005

2006

2007

2008

Total

Bardejov

102

143

128

161

120

654

Humenne

65

103

97

101

64

430

Kezmarok

115

102

102

164

89

572

Levoca

46

67

91

132

104

440

Medzilaborce

120

139

119

186

113

677

Poprad

31

60

56

61

50

258

Presov

183

260

233

287

231

1,194

Sabinov

94

127

85

170

130

606

Snina

122

172

114

173

89

670

Stara Lubovna

66

111

82

119

66

444

Stropkov

266

341

278

383

267

1,535

Svidnik

135

191

188

275

145

934

Vranov nad Toplou

89

144

102

125

103

563

Total

1,434

1,960

1,675

2,337

1,571

8,977

Tab. 1 Overview on the fire number in period 2004 - 2008

35


Štefan Galla et al. FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE…

Fig. 2 and Tab. 2 present results survey related to the number of fire occurrence in period 2009 – 2013.

Fig. 2 Results of survey related to the number of fires in period 2009 – 2013

District/Year

Number of fires 2009

2010

2011

2012

2013

Total

Bardejov

148

179

222

192

140

881

Humenne

61

66

87

93

77

384

Kezmarok

108

112

106

118

82

526

Levoca

125

101

131

108

138

603

Medzilaborce

130

154

195

161

117

757

Poprad

46

57

80

58

64

305

Presov

236

202

276

243

157

1,114

Sabinov

151

146

218

194

151

860

Snina

134

111

150

131

116

642

Stara Lubovna

99

84

104

91

102

480

Stropkov

268

249

356

356

229

1,458

Svidnik

211

161

251

249

143

1,015

Vranov nad Toplou

113

89

132

174

116

624

Total

1,830

1,711

2,308

2,168

1,632

9,649

Tab. 2 Overview on the fire occurrence number in period 2009 - 2013

36


SECURITY DIMENSIONS

The highest number of fires in period 2009 â&#x20AC;&#x201C; 2013 was observed in 2011 (2,308 fires). On the other hand, the lowest number of fires was observed in 2013. From the districts point of view the highest number of fires occurred in Stropkov district. The total number of fires was 9,649, what represents the increase by

11

7.49 % in comparison to previous period. Further we introduce the results of fire damage analysis (Tab. 3, Fig. 3) that are classified by the district and expressed in EUR currency.

Fire damage in thousands of EUR District/ Year 2004

2005

2006

2007

2008

2009

2010

2011

2012 2013

Total

Bardejov

136.4 118.7 129.7 168.4 193.9 255.2 182.4 116.0

1050. 151.8 2502.7 2

Humenne

34.6

145.2 216.6 1149.0

Kezmarok

251.6 262.1 176.1 249.1 296.4 128.6 105.9 115.0 175.6 54.3

1814.9

Levoca

42.8

27.6

32.3

52.9

123.3 471.2

977.1

Medzilaborce

41.0

185.7 192.7 410.7 314.2 279.7 323.2

67.9

586.1 400.9 2802.1

Poprad

33.4

79.0

47.8

32.4

Presov

1525. 1733. 1070. 2485. 13726. 927.0 4149.8 704.2 221.7 577.7 332.0 7 0 2 4 6

Sabinov

101.1 239.4 115.9 215.0 192.6 280.4

59.3

74.1

Snina

194.4 101.6 136.8 635.8 525.2 209.1

64.5

861.5 130.1 587.5 3446.5

90.7

228.4

133.2

18.5

50.6

50.1

51.6

31.5

23.7

88.9

221.4

20.0

56.2

47.1

64.6

83.1

215.3

687.8

450.8 115.1 1843.7

Stara Lubovna

57.6

Stropkov

390.4 784.5 220.3 5045.5

1012. 192.6 311.1 275.7 574.0 371.6 9178.5 7

Svidnik

61.4

56.5

Vranov n. Toplou Total

257.2 255.6 204.5

131.0 153.7 164.6

114.9 101.3 119.8

98.7

43.2

372.0 110.1 117.7 106.8 232.0 1756.6

571.1 146.2 628.8 159.1 96.2

141.4 236.4

94.0

84.1

2168.6

116.3 134.2 1241.3

2985. 3305. 3613. 11494. 3990. 3527. 1762. 3102. 3981. 5532. 43295. 3 9 7 3 6 1 4 5 8 0 5

Tab. 4 Results of fire damage analysis in period 2004 - 2013

37


Štefan Galla et al. FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE…

Fig. 3 Results of fire damage analysis in period 2004 – 2008

Fig. 4 Results of fire damage analysis in period 2009 – 2013

The total height of fire damaged, expressed in EUR, was more than 43 million EUR. The highest damages were observed in 2007 (very dry period from the weather point of view), especially in Presov and Stropkov districts.

38

The results of fire reasons analysis for period 2004 – 2008 and 2009 – 2013 are also introduced in Fig. 5, 6 and Tab. 5, 6.


SECURITY DIMENSIONS

11

Fig. 5 Results of fire reason analysis in period 2004 – 2008

Fire reason District

Bardejov

14

Setting fire at dumps 107

Humenne

3

14

152

70

6

9

254

Kezmarok

14

80

35

268

5

33

435

Levoca

27

161

0

100

4

12

304

Medzilaborce

16

0

93

330

11

22

472

Poprad

3

6

59

70

6

9

153

Presov

26

150

148

328

66

51

769

Sabinov

9

45

75

310

9

20

468

Snina

56

167

81

137

12

33

486

Stara Lubovna

26

87

4

134

23

0

274

Stropkov

20

171

145

627

31

83

1077

Svidnik

82

12

344

212

21

27

698

Vranov nad Toplou

38

20

15

318

11

20

422

Total

334

1,020

1,191

3,171

227

348

6,291

Childre n

Manipulati Grass Electric on with burnin Arson al open fire. g shock 40 267 22 29

Total 479

Tab. 5 Results of fire reason analysis in period 2004 – 2008

In period 2004 – 2008, there was observed the most often occurring reason of fires the grass burning. The total number of grass burning fires was 3,171 what represents 50 %

share of the total number of fires that occurred in this period. The highest number of grass burning fires occurred in Stropkov district (626 fires), lower number of grass burning fires 39


Štefan Galla et al. FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE…

occurred in Medzilaborce (330 fires), Presov (328 fires), Vranov nad Toplou (318 fires) and Sabinov (310 fires) districts.

Among the other often occurring reasons of fire ignition belonged manipulation with open fire (1,191 fires) and setting fire at dumps (1,020 fires).

Fig. 6 Results of fire reason analysis in period 2009 - 2013

Fire reason District

Bardejov Humenne Kezmarok Levoca Medzilaborce Poprad Presov Sabinov Snina Stara Lubovna Stropkov Svidnik Vranov nad Toplou Total

Childre n 3 1 2 7 1 1 3 0 8 10 1 36 11 84

Setting Manipulati Grass Electrical fire at on with burnin Arson shock dumps open fire. g 90 7 487 15 28 1 14 95 7 10 59 8 258 6 16 200 5 142 10 10 0 22 387 7 5 2 15 120 3 2 3 11 372 30 15 85 13 532 13 6 98 16 211 21 23 50 11 167 12 16 230 30 540 27 29 17 81 302 21 27 14 9 331 18 9 849 242 3,944 190 196

Tab. 6 Results of fire reason analysis in period 2009 – 2013

40

Total 630 128 349 374 422 143 434 649 377 266 857 484 392 5,505


SECURITY DIMENSIONS

Analyzing the data on fire reasons in period 2009 – 2013 we found out that the most occurring reason of fire ignition was grass burning (3,944 fires) like in the previous period. In comparison to the previous period we found out that the number of grass burning fires increased by 24 %. The most risky region from grass burning point of view was Stropkov

Fire reason

Children

Total

418

11

again. To the other fire risky districts belong Sabinov (532 fires), Bardejov (487 fires), Medzilaborce (387 fires) and Presov (372 fires) district. The second most frequently occurring reason of fire ignition was setting fire at dumps. From this reason point of view, the most fire risky district was identified Stropkov district again.

Setting Manipulati Grass Electrical fire at on with Arson burning shock dumps open fire 1,869 1,433 7,115 417 544

Total 11,796

Tab. 7 Total number of fires classified by reason of fire ignition (period 2004 – 2013)

In both periods (Tab. 7) the most dominant reason of fire ignition was grass burning. The most risky district from grass burning point of view was identified Stropkov district (totally 1934 fires). Among the other often occurring reasons of fire ignition belonged setting fire at dumps (1,869 fires) and manipulation with open fire (1,433 fires).

in Slovak conditions. Having the information on specific position of fire occurrence could improve the complexity of the analysis and enable to use more sophisticated methods of statistical data processing, e.g. to provide the Kernel analysis. Results of such analysis can be useful for risk assessment purposes as well as for fire investigation purposes.

CONCLUSIONS Here introduced approach to analyze the data on fire occurrence in GIS represents a new way of evaluation the data on fire occurrence

1.

REFERENCES Blišťanová, M. & Blišťan, P. & Križovský, S. Mapovanie kriminality v meste Košice. Monografia, Vysoká škola bezpečnostného manažérstva v Košiciach, Slovensko, 2013, p. 88.

AUTHORS Lt. Col. Štefan Galla, PhD. – He is a director of the Fire Research Institute of the Ministry of Interior SR. His research activities are focusing mostly the fire investigation theory and practice problems. Fire Research Institute, Rožňavská 11, 831 04, Bratislava, Slovak Republic, e-mail: stefan.galla@minv.sk Gen. JUDr. Alexander Nejedlý – He is a President of Fire and Rescue Corps of the Slovak Republic. His research activities are focusing the problems of Integrated Rescue System with orientation in particular to fire services problems. In the past he was more active in the sphere of fire investigation and fire prevention. Presidium of Fire and Rescue Corps of the Slovak Republic, Drieňová 22, 826 86 Bratislava, Slovak Republic, e-mail: alexander.nejedly@minv.sk Col. JUDr. Stanislav Celleng – He is a Director of the President Office. He is responsible for conceptions development related to education of the Fire and Rescue Corps members. Presidium of Fire and Rescue Corps of the Slovak Republic, Drieňová 22, 826 86 Bratislava, Slovak Republic, e-mail: stanislav.celleng@minv.sk

41


Štefan Galla et al. FIRE OCCURRENCE MAPPING FOR PROVIDING THE RISK ANALYSES AND FIRE…

Capt. Ing. Veronika Miškovičová – She works at the Fire Research Institute of the Ministry of Interior SR, where she is responsible for storage, management, checking and updating the data on fire occurrence and processing of statistical analyses of those data. Fire Research Institute, Rožňavská 11, 831 04, Bratislava, Slovak Republic, e-mail: veronika.miskovicova@minv.sk Lt. Andrea Majlingová, PhD. – She works at the Fire Research Institute of the Ministry of Interior SR, where she is responsible for development of science and research conceptions in relation to development of Fire Research Institute. She is an expert in the field of Geoinformatics and risk analyses and management. Fire Research Institute, Rožňavská 11, 831 04, Bratislava, Slovak Republic, e-mail: andrea.majlingova@minv.sk

42


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (43-51)

THE LOCAL THREATS SPECIFICATION IN THE CONTEXT OF ENVIRONMENT FACTORS HAVING AN INFLUENCE ON A RESCUE WORKER DURING RESCUE ACTIONS dr inż. Jan Giełżecki1, bryg. dr inż. Robert Marcin Wolański2 1,2

Szkoła Aspirantów Państwowej Straży Pożarnej w Krakowie

ABSTRACT The main task of a professional firefighter's relief activities is interference with all sorts of events requiring intervention: fires, construction and chemical disasters, accidents and other situations which carry a risk for the health and life of humans. The basic duties of a firefighter are organizing, directing and conducting direct rescue efforts in order to protect the life, health and property, as well as liquidation the source of fire, natural disaster or other local danger (technical, chemical and environmental disaster, road traffic accidents, airline, etc.). In the course of professional activities firefighters are exposed to all the possible risk factors from the environment resulting from the real potential occurrence of the event requiring rescue interventions (industry, infrastructure, traffic, transport). Moreover, they often do not realize the actual risk they are exposed to especially in situations that do not require putting out fire (traffic accidents, natural and industrial disasters). These emergency situations are not easy to predict or control, what means that firefighters put their lives on the line every time they attempt to do so. As a result they work under extremely stressful situations, day and night, including the responsibility for remaining calm and carrying out all duties with the recognition of the threat to life and property. The special characteristics of service, including work shift system, continuous risk of danger and dealing with a lot of personal loss can make it an emotionally difficult job and may become a potential root of stress and personal problems. However, for some people this kind of work can be very rewarding, others may have a hard time dealing with the physical and emotional challenges that the occupation brings. That’s why it is very important to examine and limit the influence of the hazardous environment factors on firefighters work.

ARTICLE INFO Article history Received: 04.05.2014 Accepted 30.06.2014 Keywords separate ownership, premises, property, division

INTRODUCTION

 collapsing constructions,

Firefighters respond to emergency situations in dynamically changing conditions generally regarded as harmful. These harmful conditions lead to the exposure of various hazard factors that play a large role in firefighting duties. Some working conditions coming from firefighting operating environment include:

 falling ruble or construction elements,  toxic gases,  dust,  biological factors,  oxygen-poor atmosphere. The hazard of work is escalated by the fact that firefighters often do not realize the 43


Jan Giełżecki, Robert Marcin Wolański THE LOCAL THREATS SPECIFICATION…

danger in many situations. It happens especially in emergency situations that are not fire e.g. motor vehicle accidents, industrial disasters, earthquakes, floods, ecological calamities. Firefighters within the service perform activities which include strenuous physical exercise (e.g. carrying and removing heavy things in high environmental temperature with protective gear and other equipment). It is one of potential reasons that causes prostration, overload injuries and cardiovascular diseases. A huge influence on the extension of the participation of hazards, caused by firefighting operating environment factors, has lasting many hours, continuous risk of danger. The characteristics of service i.e. work shift system, has also a contribution in this problem. It is a potential root of stress and personal problems. As a result, tragic events associated with rescue operations can trigger the traumatic stress disorder. The circumstances indicated above determine examinations and analyses for the counteraction and limiting the influence of the environment factors on firefighters work. LOCAL THREATS The local threat is defined as the event resulting from the development of civilization and natural laws of nature, not fire or natural disaster, posing a threat to life, health, property or the environment, and to prevent or remove effects that do not require the use of emergency measures [1]. THE CLASSIFICATION OF LOCAL THREATS The local threats are classified mainly according to the measure generated by such hazards as: 1. construction risk - destabilization, destruction or damage of a building or an existing building structure, its part or individual items, 44

2. air, road, railway and water transport threats - destruction, damage, collision of the means of transport in the course of their movement or stopover, taking place on different communication routes: air (including airports), road, rail and water, the effects of which pose a threat to life and health or the environment, or property, 3. chemical hazard – a release of dangerous chemical substances into the environment, posing a threat to life and health or the environment, or property, 4. environmental risk – causing, as a result of human activity or nature forces, the contamination of the environment that poses a threat to life of animals and endangers their natural habitat, 5. radiological threat – related to the release of dangerous biological substances posing a threat to life and health or the environment, or property, 6. biological risk – connected with the release of dangerous lifethreatening radioactive substances into the environment, damaging natural habitat, 7. infrastructural threats – damage or destruction of different kinds of devices or installation systems especially gas piping, water-supply systems, heat-pipe systems, power girds, telephone and network or lifting systems, that makes them unable to be used in a normal way and poses a threat to people, Local threats generated by the forces of nature or natural disasters: 1. strong winds, 2. water rises – related to freshets, foods or water ice congestions, 3. snowfall,


SECURITY DIMENSIONS

4. rainfall, 5. water areas â&#x20AC;&#x201C; related to events on water tanks that are not associated with freshets. THE TYPES OF ACTIVITIES In case of responding to local hazard events, fire protection units operate [1] with regard to the classification based on the criterion of carried out rescue operations: 1. release of people, 2. release of animals, 3. evacuation of people, 4. evacuation of animals, 5. evacuation of property, 6. transport victims out of the danger zone, 7. secure the place of the event, 8. secure the mass events, 9. cutting, bending of constructions, devices, 10. demolition of buildings, 11. raising of construction elements, machines, devices, 12. moving of structure elements, machinery parts, 13. rubble clearancing, digging out, 14. making excavations, 15. opening of rooms, 16. smoke exhaust, ventilation, 17. recognition of chemical substances, 18. identification of danger areas, 19. neutralization, sorption of chemical substances and others, 20. sealing tanks, cisterns, pipelines, 21. collecting, removing and washing chemical substances and others, 22. reducing spillages, leakages, 23. pumping petroleum and chemical substances, 24. pumping out water and other liquids from buildings, 25. production of protection belts, making firebreaks, 26. cutting, removing trees and other natural objects,

11

27. transport of water over long distances at fires, 28. water supplies at fires, 29. providing people with water, 30. providing people with material aid, 31. restoring and/or maintaining the patency of respiratory tract 32. executing external heart massage, 33. stemming external hemorrhages and dressing wounds, 34. oxygen therapy with 100% oxygen and/or artificial respiration, 35. fixing fractures and fracture suspicion, 36. cooling Burns, 37. protection against loss of heat, 38. anti -traumatic stress disorder actions, 39. care of the injured, 40. transport of aggressively and strange behaving insects or animals, 41. searching for missing persons. The classification according to the criterion of activities with the use of specialized equipment for the relief operations for units of action are referred to as: 1. the cabin fire-fighting equipment, 2. fascinating equipment of cabin, 3. mud pumps, 4. typical fire pumps, 5. pumps to other media 6. oil separators, 7. skimmers, 8. firewalls, 9. chemical protective clothing, 10. fireproof protective clothing, 11. measuring devices, 12. respiratory protective equipment, 13. rescue kits, rescue hydraulic sets, 14. pneumatic assemblies, rescue sets, 15. rescue evacuation-equipment, 16. portable ladders, 17. special cars with mechanical ladders and hydraulic platform, 18. chain saw, 19. circular saw machines, 20. flame cutting units, 45


Jan Giełżecki, Robert Marcin Wolański THE LOCAL THREATS SPECIFICATION…

21. 22. 23. 24. 25.

electric power generators, lighting equipment, water diving rescue kits, high-altitude rescue, medical emergency.

OVERVIEW OF EVENTS IN THE YEARS 2000-2013 Figures 1 to 4. show the list of rescue operations of the State Fire Service. Summarizes the operation of the rescue and fire local threats by a unit of administrative division and broken down by object code.

Number of events

100000 2000

10000

2001 2002

1000

2003 2004

100

2005 2006

10

2007 1

2008 2009 2010

2011 2012

Province Fig. 1. Actions for rescue and fire on a unit of Administrative Division [2]

46

2013


SECURITY DIMENSIONS

11

Number of events

100000 2000

10000

2001 2002

1000

2003 2004

100

2005 2006

10

2007 1

2008 2009 2010

2011 2012 2013

Province Fig. 2. Rescue Operations by local threats by a unit of Administrative Division [2]

100000

Number of events

10000 1000

2000 2001 2002 2003 2004

100

2005 2006

10

2007 2008

1

2009 2010

2011 2012 2013

Fig. 3. The rescue fire broken down by object code [2]

47


Jan Giełżecki, Robert Marcin Wolański THE LOCAL THREATS SPECIFICATION… 1000000 2000

Number of events

100000

2001 10000

2002 2003

1000

2004 2005

100

2006 2007

10

2008 1

2009 2010

2011 2012 2013

Fig. 4. Rescue Operations for local threats for object code [2]

The important point is visible progression of rescue firefighters rescue workers in so-called local events threats. This kind of trend determines the need for development a much more comprehensive development personal protective equipment. In particular taking into account during all stages of constructing a broad range of requirements for effective protection for every almost factors. Formal considerations requiring the need for universal personal

protection affect their resistance. In figures 5. and 6. shows the use of the different types of sets of protective clothing. The growing trend of exposed on the side of the special clothing (PN-EN 469) [3] indicates the need to modify and systematic development of this group of individual measures. Chemical and fireproof clothes used in cases, especially extreme events (high chemical activity substance and in the second case, the high emission of thermal energy).

1000000

Number of events

100000 Number of events 10000 Protective clothing-heat resistant Protective clothing-chemical

1000

Gas-tight clothes

100

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

10

Fig. 5. Rescue Operations at the fire, used equipment (protective clothing) [2]

48


SECURITY DIMENSIONS

11

1000000

Number of events

100000 Number of events Protective clothing-heat resistant

10000

Protective clothing-chemical Gas-tight clothes 1000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

100

Fig. 6. Rescue Operations by local risks, used equipment (protective clothing) [2]

Figure 7. Shows the distribution of the events are eligible as local threats with regard to the

specific characteristics environment.

of

the

space

1000000 100000

2000

Number of events

2001

10000

2002 2003

1000

2004 2005

100 10 1

2006 2007 2008 2009 2010

2011 2012 2013

Fig. 7. Statistics relating to local threats in the years 2000-2013 [2]

49


Jan Giełżecki, Robert Marcin Wolański THE LOCAL THREATS SPECIFICATION…

ENVIRONMENTAL FACTORS IMPORTANT TO DISASTER-RISK-GENERATING SYSTEMS OPERATIONS 6.1. Factors determining the potential risks  low oxygen concentration in the air-the possibility of strangulation,  hot surfaces, air, gases,-the possibility of burns to the skin and respiratory tract,  glass, metal and other sharp objectsthe possibility of injuries as a result of the stings, cuts, punctures,  falling construction elements (parts of ceilings, walls), debris-the possibility of injuries as a result of the impact, being crushed,  immovable, protruding elements especially when poor visibility due to smoke-related injuries as a result of the impact,  the possibility of injuries in traffic accidents while driving to disaster-action fire,  electric current - electric shock for defectively functioning of electrical equipment,  gas displacement from damaged gas installations the possibility of burns and injuries due to fire and explosion,  chemical substances arising from the fire-the possibility of acute poisoning of carbon monoxide, hydrogen cyanide, oxides of nitrogen, sulphur dioxide, phosgene, hydrogen chloride, ammonia, formaldehyde, acrolein, ethanal, benzaldehyd, methyl ethyl ketone, phenol and its derivatives, acrylonitrile, carbon dioxide, hydrocarbons, aromaticbenzene, toluene, ethylbenzene, xylene, trimetylobenzen, tetrametylobenzen, styrene, kumen, dietylobenzeny, aliphatic hydrocarbons (ethane, octane, nonan, metylononan, tetradekan), halogenated (dichloroethane, dichloromethane, chloroform, 50

chloroetan, tetrachloroethylene, dichlorofluorometan),  slippery, uneven decking and ladders, stairs, collapsing roofs, the possibility of injuries as a result of tripping, slipping and falling. 6.2. Physical agents  excessive noise during fire-fighting action-the possibility of hearing damage,  high temperature prevailing during the fire-the possibility of thermal discomfort, overheating of the body and/or burns,  low environment temperature while conducting rescue operations during the winter months, especially during the action of water rescue-the possibility of frostbite, hypothermia, bronchitis and pneumonia,  mechanical impact on the human bodythe possibility of mechanical injury. 6.3. Chemical agents and dust  oxygen deficiency and the presence of carbon monoxide and other combustion products in the air breathed by a firefighter which may cause hypoxia and death due to asphyxiation,  various chemical compounds that a firefighter can be exposed during chemical emergencies – acute poisonings, burns, inflammations of the skin,  volatile gases from leaking tanks and technological installations covered by fire-the possibility of acute poisoning,  forming (foaming) foam agents, and other materials (e. g.) disinfecting-the possibility of allergic cutaneous changes,  dust characteristic for each branch of the economy. 6.4. Biological agents  a biological factor (bacteria, microorganisms) giving infectious disease


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which source can be saved people or animals,  blood and body fluids of victims and victims of events. 6.5. Psychosocial and ergonomic factors connected with the organisation of work  responsibility for the safety and health of rescued people and associates,  awareness of one’s own risk life and health as well as events, which a firefighter the witnesses,  the possibility of posttraumatic stress disorder,  work performed in a duty mode (night shift) - the possibility of mental stress, biological rhythm disturbances, reduced potential for physical work, 5. Dziurleja Łukasz, Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Kraków, 2008. 6. Kodeks cywilny, Polish Civil Code, Act from 23 April 1964. 7. Kodeks postępowania cywilnego. Komentarz, red. Jakubecki Andrzej, Warszawa, 2008. 8. Oleszko Aleksander, Oświadczenie właściciela nieruchomości o ustanowienie dla siebie odrębnej własności lokalu oraz sprzedaż tegoż lokalu jako ekspektatywy, „Rejent” 1996, nr 10. 9. Rudnicki Stanisław, Własność i inne prawa rzeczowe. Komentarz do Kodeksu Cywilnego, Warszawa 1996. 10. Skowrońska – Bocian Elżbieta, Komentarz do kodeksu cywilnego. Spadki, Warszawa 2003.

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 excessive exercise (lifting heavy things, including the victims, material goods, extinguishing equipment - as well as carrying the heavy protective clothing with the air respiratory protection equipment) - the possibility of pain arising from the overloading of the musculoskeletal system and the overall fatigue. REFERENCES 1. Fire Protection Act of 24 August 1991 Journal of Laws 1991 No 81 item. 351, 2. http:\\www.kgpsp.gov.pl 3. PN-EN 469: "Protective clothing for firefighters requirements for protective clothing for firefighting" 1997. 4. Ciepła Helena, Kodeks cywilny. Komentarz, t. I, Warszawa 2005. 11. Sychowicz Marek, Postępowanie o zniesienie współwłasności, Warszawa 1976. 12. Judgement of Supreme Court from 8th September 1975 r., III CRN 207/75, OSN 1976, no 7-8, pos. 172. 13. Resolution of the Supreme Court from 15th March 1989, III CZP 14/89, OSN 1990, no 2, pos. 27. 14. Judgement of the Supreme Court from 13th March 1997., III CKN 14/97, OSNC 1997, no 8, pos. 115. 15. Judgement of Supreme Court from 23th January 1958 , II CR 804/57, OSN 1959 no 3, pos. 81.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (52-56)

DSS MODEL TO SUPPORT THE FIRE EQUIPMENT SELECTION TO FIGHT THE FOREST FIRES Lt. Col. Jaroslav Kapusniak Regional Directory of Fire and Rescue Corps in Žilina

ABSTRACT In the paper we introduce a DSS model built in NetWeaver environment to help the fire fighters in process of selection fire equipment to be used for firefighting, in particular in mountainous regions. The model is composed of three general branches Ergonomics, Technical-operational parameters and natural conditions and Economics. Here we introduce more the Technical-operational parameters and natural condition branch. This one is composed of another three branches: Technical-operational parameters, Soil parameters and Opening-up of area. ARTICLE INFO Article history Received: 29.04.2014 Accepted 13.07.2014 Keywords GIS, DSS, fire-fighting equipment, technical â&#x20AC;&#x201C; operational parameters, opening-up

INTRODUCTION In the paper we introduce design of an optimization model to select suitable fire equipment. The model is based on multicriterial assessment of selected types of fire equipment, which is used to fight the forest fires in the mountainous regions of Slovakia. INPUT DATA The data on technical and performance parameters of evaluated fire-fighting equipment: technical documents, standards related to the minimal requirements which are defined to the individual types of fire-fighting equipment. Geodata: National Forestry Centre in Zvolen: data from the forest management plan, digital forestry map (containing the forest roads, water bodies, stand outlines); Topography Institute of col. Jan Lipsky in Banska Bystrica: 52

ortho photos, digital terrain model, data from the Central Spatial Database. SOFTWARE ENVIRONMENT USED Decision-making optimization model was built in a NetWeaver system, which is a development system for creating knowledge bases in space-related applications and forms a part of the EMDS spatial decision support system. It contains a core program for creating a knowledge base in the form of dependency networks and graphical interface for their design, editing and interactive assessment. The representation of knowledge in the system is based on object oriented dependency networks, with the application of fuzzy logic, under which it is possible to explain the phenomena. Knowledge base system takes many forms, but the dominant type is currently used rule-based system. Knowledge representation


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in a NetWeaver, is on the other hand based on object-oriented fuzzy logic networks (uncertainty principle), which offer several significant advantages over much more traditional representations that are based on the rules. Compared to the rule –based knowledge bases, the knowledge bases in a NetWeaver are simpler in terms of their construction, testing, but mainly because the basic object-based representations make these knowledge bases modular. Modularity of knowledge bases in NetWeaver then gradually allows the designer to develop a comprehensive knowledge base from simpler in small, easy steps. This modularity also allows for interactive debugging of the knowledge base at any stage of development of the dependency network. Finally, the uncertainty principle (fuzzy logic) is a formal and complete number of representations of knowledge, which is less subjective approach to that used in rule –based systems and a lot more economical than bivalent rules. Knowledge base generally refers to the very essence of knowledge on the problem area. The original meaning is a logical representation of the entities of interest of one of the problem areas and their relationship to others. One of the assessment principles of the NetWeaver environment is "fuzzy logic" the uncertainty principle. Uncertainty principle is a measure for the expression of the degree to which set representing the concept belong a test variable. Uncertainty values are expressed in the interval [0, 1]. The more the values are close to 1, the more they are approaching the truth, on the other hand, the more they are close to 0, they are thus closer to false. The knowledge base in NetWeaver is built of:  Dependency networks, which represent the areas of interest in the problem area;

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 Links – to the data which are under assessment;  Nodes, which specify logical (OR, AND, SOR, XOR) or mathematical (*, /, +, -, sin, ...) relationships between dependency networks and data links;  Evaluated groups – those are optional and represent the selections of data and dependency networks. The input of data to the knowledge base is performed through the data links, which are the basic components of the dependency networks. The NetWeaver supports two types of data links: simple and calculated. Simple data links represent a value, which can be evaluated in accordance to a simple argument or membership fuzzy function specified for this data link. The result is true value of this data, which can be used directly in the knowledge database or for calculation of the calculated data links. Calculated data link participates on the properties of the data links and networks. DECISION MAKING MODEL DESCRIPTION As mentioned above the decision making model was built in NetWeaver environment. It was built as dependency network composed of data and calculated links interconnected by logical relationship. In the model, there are the individual types of fire equipment, used for fighting the fires, evaluated in the terms of 3 basic groups of factors: natural and technical – operational, economical and ergonomic (Fig. 1).

Fig. 1 Three basic groups of factors evaluated in the model

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Jaroslav Kapusniak DSS MODEL TO SUPPORT THE FIRE EQUIPMENT SELECTION TO FIGHT…

The selected types of fire equipment, which is suitable to be used to fight the forest fires in mountainous conditions of Slovakia, are divided to two basic groups: special forest firefighting equipment (vehicles) and firefighting equipment (vehicles) to be used to assign the shuttle and pumping extinguishing agent relay to the fire site. Among the special forest firefighting equipment (vehicles), there were assigned: UNIMOG forest specials on the chassis of Mercedes Benz (Fig. 2), Praga V3S ARS, CAS 30 T 815-7 4x4.1. Into the assessment of this group of vehicles we also included the variant consisting of forest wheeled tractor (acronym LKT) + UNIMOG.

In terms of natural and technical operational parameters, the selection of an appropriate equipment for extinguishing forest fires is based on the parallel multicriteria assessment of natural factors groups (Fig. 4) represented by the subgroups of soil factors (condition and the type of soil and of these parameters resulting soil bearing capacity) and the area opening-up factors making for deployment of ground mobile fire-fighting equipment (fire suppression zone range [3] and accessibility of the territory, which is evaluated based on parameters such as slope gradient, expressed as the availability of terrain and the presence of obstacles such as rocks, cliffs and ravines).

Fig. 4 Groups of factors evaluated in the view of natural and technical-operational factors

Fig. 2 UNIMOG special forest fire-fighting equipment

Among the vehicles specified to shuttle and pumping extinguishing agent relay, there were assigned [1, 2]: CAS 30 T 148, CAS 30 T 815-7 6x6, CAS 32 T 815 6x6 (Fig. 3), CAS 30 Iveco Trakker.

Fig. 3 CAS 32 T 815 6x6

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Technical - operational conditions are evaluated on the basis of selected critical parameters of fire-fighting equipment. Selecting and applying appropriate firefighting equipment is in the assessment of its technical parameters directly related to environmental parameters for which we analyse the suitability of selected type of firefighting equipment deployment. Among the assessed parameters belong, from vehicle chassis point of view, the Specific power [kW.t-1], Maximum drive speed [km.h-1], Ground clearance [mm], Approach and Departure angles [°], Gradability [°], Height of vehicle [m]. From the specialized superstructure parameters point of view: Water cistern capacity [l], Nominal water flow [l.min-1], Intake height [m]. As an important parameter (factor) involved in the assessment


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the technical-operational parameters, the equipment of the fire fighting vehicles was considered. In terms of assessing the economic suitability of the deployment of various types of fire-fighting equipment to extinguish forest fires, we focus on the following groups of factors: salaries and levies, depreciations, fuel, repairs and maintenance, materials costs. From an ergonomic point of view, we focus on assessing the energy performance of each activity and the risk of injury. As mentioned earlier the decisionmaking network is composed of data links representing particular evaluated factors interconnected with logical functions (AND represents current rating of several factors defined = multicriteria decision making). Selection of different types of firefighting equipment on the basis of individual factors assessment used in the decisionmaking, using the bottom (input data into decision-making) - top approach, is based on the continuous assessment of defined factors for which we have defined rule of selection based on fuzzy logic (uncertainty). This means that any type of equipment is sequentially evaluated on the basis of the factors defined in the network (in the bottomtop approach, in the top of the network is situated the identified optimum variant - the principle of the pyramid), and on the basis of input values derived from the supporting data (e.g. results of analyses, GIS data, technical parameters, etc..). Those are in terms of the rules of fuzzy logic assessed with regard to pre-defined intervals to true (value 1) and false (value 0) values. To the assessment at a higher level, there comes only that equipment type which met the criteria set for the assessment at a lower level. In the decision-making (analysis) process are simultaneously assessed all the defined types of fire-fighting equipment. On top of the assessment (end of the analysis),

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the resulting value of 1 have only those that are optimal and have met all the criteria at all levels. The result of the evaluation (analysis) is not only the determination of the optimal variant, but in the database, which is the output of the decision making process are evaluated all the types of fire-fighting equipment, and each is assigned a suitability value in the interval 0-1. The closer is the resulting value is to the value 1, the more suitable is the type of fire-fighting equipment for deployment in the conditions of evaluated environment. The database in addition to the results of the overall assessment (whole network of factors) also contains the results (suitability values in the range of 0-1) for each group of factors at individual levels as well as for the particular considered factors = comprehensive assessment results. By linking the NetWeaver environment with EMDS environment we can obtain a tool for visualizing the results of the assessment in GIS environment and creating map outputs spatial visualization of results. CONCLUSIONS To select the suitable fire-fighting equipment to fight the forest fires it requires knowing the terrain and natural conditions of the territory where it should be deployed as well as critical parameters of the equipment to be used. In the paper we introduced an approach to multicriteria and parallel assessment of individual type of fire-fighting equipment based on the natural, technical and operational parameters of technique used in the fire intervention territory (or also equipment that is available at home and world market to plan the supply of fire brigades with fire-fighting equipment suitable to the fire intervention territory conditions, taking into consideration also the type of emergency that is the most frequent in that area). 55


Jaroslav Kapusniak DSS MODEL TO SUPPORT THE FIRE EQUIPMENT SELECTION TO FIGHT…

This approach is based on DSS tools application to enhance the decision making process of fire brigades commanders and operators of emergency operation centres in selection of type and number of fire-fighting equipment to localise and disposal of forest fires as soon as possible to avoid the development of fire to extensive fire.

REFERENCES 1.

Lanďák, M. Monoši, M., Kapusniak, J. (2011). Doprava hasiacich látok k veľkým lesným požiarom. In: Hodnocení a zvládání přírodních a technologických rizik [elektronický zdroj]:

2.

3.

mezinárodní konference mladých vědeckých pracovníků, Ostrava, 24.-25. října 2011: sborník přednášek. Ostrava: VŠB - TU, 2011. ISBN 97880-248-2486-4. S. 121-133. Kapusniak, J., Monoši, M. (2012). Výber vhodnej hasičskej techniky určenej na likvidáciu lesných požiarov v podmienkach SR. In: Požární ochrana 2012: sborník přednášek XXI. ročníku mezinárodní konference: Ostrava, VŠB - TU, 5.6. září 2012. Ostrava: Sdružení požárního a bezpečnostního inženýrství, 2012. ISBN 978-807385-115-6. S. 100-103. Majlingová, A. (2012). Opening-up of forests for fire extinguishing purposes, “Croatian journal of forest engineering”. - ISSN 1845-5719. - Vol. 33, issue 1 (2012), p. 159-168.

AUTHOR Lt. Col. Jaroslav Kapusniak, He is a Director of the Regional Directory of Fire and Rescue Corps in Zilina. In his research activities he deals with management and optimization of forest fires suppression operations in particular.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (57-63)

WILDLAND FIRE RISK MANAGEMENT USING GIS TOOLS – CASE STUDY Lt. Andrea Majlingová, PhD.1, Maroš Sedliak, PhD.2 1Fire

Research Institute University in Zvolenk

2 Technical

ABSTRACT In the paper we introduce a general approach to wildland fire risk management that we applied for the Slovensky raj territory. The risk management concept is based on assessment of several risk components: susceptibility in the form of calculation of a priori probability of forest destroying by fire, vulnerability based on calculation of posteriori probability of forest destroying by fire and based on modelling the fire behaviour in FARSITE environment. We also briefly introduce an approach to set the measures to prevent the forest fire occurrence and to manage it to minimize its impacts on human, environment and property (resilience). ARTICLE INFO Article history Received: 29.04.2014 Accepted 30.06.2014 Keywords GIS, susceptibility, risk, vulnerability, wildland fire

INTRODUCTION The wildland fires cause the fair-sized material as well as the significant ecological damages. Among them belongs the burning (destroy) of important biotopes, disturbance of forest environment or pollution of an environment by chemical substances. This occurs mainly by the ecologically inconvenient extinguishing substances application. Sometimes, there also occur the highest and hardly expendable damages - the hurt or even dead people. The most common reason of the wildland fires formation is an anthropogenic activity. It is an activity which is directly related to the human occurrence in the forest. In our country, the wildland fire do not reach the extent of fires occurring in Mediterranean countries like Spain, Greece or Portugal, but according to

the increasing intensity of their occurrence it is required to study them. The prognoses of next climate change progress point out the fact that by the power of global climate change, it will get to the significant warming in our region, too. Due to this prognosis it is likely to expect more common wildland fire occurrence, which extent will also increase. Here we introduce a model and approaches for assessment of selected wildland fire risk components: susceptibility, vulnerability, exposure and resilience. This model is built over and summarizes all approaches which have been developed in Slovak conditions yet. PROBLEM In Figure 1 we introduce the basic structure of the wildland fire risk management model [1] 57


Maroš Sedliak, Andrea Majlingová WILDLAND FIRE RISK MANAGEMENT USING GIS TOOLS – CASE STUDY .

which should be the integral part of any fire warning system and crisis management in case of fire This one is going to be transformed to the dependency model that is built in NetWeaver environment to be linked with the

EMDS software environment to automate the assessment process. In the risk assessment we consider 4 components of a risk: susceptibility, vulnerability, exposure and resilience.

Fig. 1 The complex model to manage the risk of wildland fire occurrence

To illustrate the results of risk components analyses in GIS we introduce the fire risk results we provided for Slovensky raj territory. The assessment of susceptibility to wildland fire is based on assessment of two groups of factors: natural and socio-economic. The group of natural factors is composed of two subgroups represented by geographical factors [2] (elevation, slope, aspect) and fuel factors (crown fire fuel - tree species composition, forest age, quality and quantity of surface fire fuel). Another group of factors is represented by the socio-economic factors [3] 58

where picking of forest fruits, forest harvesting and forest cultivation activities, the distance from the nearest settlement and road as well as touristic trails and touristic localities, and the localities where the gypsy communities and increased number of people living in poverty or unemployed are located, belong. For susceptibility assessment also the information on the wildland fire occurrence probability or the probability that the fire will be destroyed by fire in specified age, respectively, is required. To calculate it is necessary to build the geodatabase of


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historical fires for the analysed area. For that purpose the data coming out of the register of management activities in forest, containing the subpart focusing on occurrence of negative agents in forest (where also the wildland fires belong), can be applied. To calculate the susceptibility to fire in GIS environment, the digital elevation model, state, forest roads and touristic trails vector layer, vector layer of forest stand borders and forest types, database containing detailed description of the forests, vector layer of settlements as well as vector layer containing

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the situation of historical forest fires are required. The producers and providers of those data are Military Topographical Institute in Banska Bystrica, Institute of Forest Resources and Informatics of the National Forest Centre in Zvolen, Mountain Rescue Service of the Slovak Republic. The current analyses are based on the combination of natural (Fig. 2) and social factors analyses (Fig. 3), which are related to the anthropogenic activity in the forest and on landscape mostly.

Fig. 2 The susceptibility of Slovensky raj territory to wildland fire in relation to the geographical and vegetation (stand) factors

Fig. 3 The susceptibility of Slovensky raj territory to wildland fire in relation to the social factor

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Maroš Sedliak, Andrea Majlingová WILDLAND FIRE RISK MANAGEMENT USING GIS TOOLS – CASE STUDY .

The information on susceptibility of an area to wildland fire (static data) can be combined with the information on meteorological fire weather index (dynamic data - published by the Slovak Hydrometeorological Institute from April to September (Fig. 4) each year (and for each

day) and this way we can also compute the actual fire danger for each day and also 3 days ahead, based on the data of Aladin or ECMWF meteorological models. Data on actual fire danger the most important data of any fire warning system.

Fig. 4 The meteorological warning against possible fire occurrence in most risky areas due to the current meteorological situation

The vulnerability and also exposure to wildland fire is determined based on the data coming out of the fire behavior modeling in FARSITE environment (Fig.5). It is GIS based system, that combines the Rothermell`s mathematical model of fire

spreading with visualization function of GIS environment in particular. Except the fire behavior modeling itself, it also allows consider with the ground and aerial fire attacks in the modeling.

Fig. 5 Results of forest fire modelling in FARSITE environment (without and with fire attacks consideration

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Among the input data belong: ASCII raster of elevation, slope and aspect, raster representing the spatial distribution of fuel, fuel models respectively in the analyzed area, meteorological data (precipitations, temperatures, wind speed and wind direction) and data on the quantity and quality of fuel (volume, moisture parameters, calorific value). To precise the data on fuel quantity and quality is required to perform the field and laboratory measurements. For the assessment of vulnerability to wildland fire is possible to use either results of fire modeling in FARSITE environment (fire place outlines, fire area extent and fire perimeter in specified time steps and other physical parameters of fire) or the statistical approaches like in [4, 2, 5]. The assessment of exposure to fire is focusing on three principal spheres: social (communities), environmental (e.g. biotops of national or European importance), economical (economic losses of timber burnt in fire or due to the cost for reforestation, forest restoration). To assess the exposure of communities to wildland fire is possible to use the vector layer containing the buildings outlines that should be completed with the data coming out of the citizens register kept at the municipality level. To assess the exposure of an environment to wildland fire, there the geodata providing by the State Nature Conservancy should be used (situation of important biotops, protected landscapes as well as the economic value of those features). To assess the exposure of economic systems to wildland fire is necessary to have the information on the value of feature we would

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like to assess aswell as the consequences of a fire event on the developments in the markets for those commodities. The last assessed risk component is a resilience. Resilience represents all of the measures that were accepted and realized as from the prevention point of view as from the view of repression â&#x20AC;&#x201C; the measures accepted to minimize the vulnerability â&#x20AC;&#x201C; the impact of an emergency. There also the coping capacities to cope with an emergency belong (in case of fire, foresters, fire-fighters, volunteers, medical service, State Nature Conservancy employees, etc.). In general resilience is in direct portion to vulnerability. If we would like to reduce vulnerability we need to plan and realize sufficient measures in both, prevention as well as repression aspects. In the scheme (Fig. 1) we introduce the basic division of prevention and repression measures. Prevention measures are divided to two basic subgroups: preventive measures related to the restoration and regeneration of forest to be resilient to fire impacts and measures related to the preparedness of coping capacities to fight the fire. The forest protection and adaptation measures to fire are briefly described also in the Decree of the Ministry of Agriculture of the Slovak Republic no. 453/2006 Coll. of Law on forest management planning and forest protection. The methodologies to solve the analyses and designs specified in the subgroup focusing the preparedness of fire-fighting coping capacities have already been published in [6, 7, 8, 9] (Fig. 6) and they can be applied for any forested area not only in Slovakia.

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Maroš Sedliak, Andrea Majlingová WILDLAND FIRE RISK MANAGEMENT USING GIS TOOLS – CASE STUDY .

Fig. 6 Results of forest opening-up analysis to use the mobile ground fire equipment [9]

The results of analyses all of risk factors, not only resilience, should be immediately applied as an information (decision) support of fire services intervening in the area (District Directory of Fire and Rescue Corps – acronym OR HAZZ, municipality fire brigade – acronym OHZ), operators of Regional operational centers of Integrated Rescue System (acronym KOS IZS), but also for the state administration bodies, forest administration bodies, etc. CONCLUSIONS To cope with the wildland fires is a complex problem. To prevent and to fight the fires effectively it requires using the systematic approach to the management of risk of wildland fire occurrence. In the article we introduced a complex model to assess the particular components of risk using the tools provided by the GIS environment. The approaches and procedures presented in the framework of the model are not generally applied in Slovak conditions. They are applied to solve the fire risk analyses for selected territories with a high risk of fire occurrence 62

mostly due to their geographical conditions or like a measure to analyse the fire risk after a disaster disturbance of a forest (e.g. wind disaster disturbance in the High Tatras Mts, Low Tatras Mts. And Orava and Kysuce region in November 2004). ACKNOWLEDGEMENT This paper is the result of the implementation of the project: Centre of Excellence “Decision support in forest and country”, ITMS: 26220120069, supported by the Research & Development Operational Programme funded by the ERDF. REFERENCES 1.

2.

Majlingová, A., Sedliak, M. (2013): Introduction to the complex system of wildland fire risk assessment. In Delta, roč. 7, č. 14, 2013. Zvolen: Technická univerzita vo Zvolene, 6 s., ISSN 1337-0863. Tuček, J., Majlingová, A. (2009): Forest fire vulnerability analysis. In Bioclimatology and natural hazards / eds. Katarína Střelcová [et al.]; revs. Jan Bednář [et al.]. Dordrecht: Springer Science+Business Media B.V., 2009. ISBN 9781-4020-8875-9. p. 219-230.


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4.

5.

Majlingová, A., Sedliak, M. (2010): Social vulnerability to the wildland fire. In Bezbednosni inženjering = Safety engineering: požar, životna sredina, radna okolina, integrisani rizici: 2. medjunarodna naučna konferencija i 12. medjunarodna konferencija Zaštite od požara i eksplozije: Novi Sad, 21.-22. oktobar 2010. - Novi Sad: Visoka tehnička škola strukovnih studija u Novom Sadu, 2010, p. 136-145. Tuček, J., Škvarenina, J., Minďáš, J., Holécy, J. (2003): Catalogue Describing the Vulnerability of Landscape Structures in The Slovak Paradise National Park, In: Proceedings of International Workshop on Forest Fire in the Wildland-Urban Interface and Rural Areas in Europe: An integral planning and management challenge, Institute of Mediterranean Forest Ecosystems and Forest Products Technology, Athens, Greece, May 1516, 2003, pp. 73 – 84 Holécy, J. (2004): Matematický model poistenia lesov Slovenska proti požiarom. Vedecká štúdia, Technická univerzita vo Zvolene, Zvolen, 2004, 65 s.

6.

7.

8.

9.

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Hlaváč, P. et al. (2005): Projekt protipožiarnej ochrany lesa na území Vysokých Tatier po vetrovej kalamite: realizačný project. Zvolen: Technická univerzita vo Zvolene, 2005. 67 s. Hlaváč, P., Chromek, I., Majlingová, A. (2006): Projekt protipožiarnej ochrany lesa na území LHC Ďumbier - Lesy mesta Brezno s.r.o.: realizačný project. Zvolen: Technická univerzita vo Zvolene, 2006. 29 s. Hlaváč, P. et al. (2009): Od Projektu protipožiarnej ochrany lesa vo Vysokých Tatrách po vetrovej kalamite po zmeny legislatívy v oblasti ochrany lesov pred požiarmi v podmienkach Slovenskej republiky. [Elektronický zdroj]; rec. Jaroslav Kmeť, Iveta Marková, 2009. Zvolen: Technická univerzita vo Zvolene. ISBN 978-80-228-1976-3. Majlingová, A. (2012): Opening-up of forests for fire extinguishing purposes. In Croatian journal of forest engineering. Vol. 33, Issue 1 (2012), pp. 159-168. ISSN 1845-5719.

AUTHOR Lt. Andrea Majlingová, PhD. – She works at the Fire Research Institute of the Ministry of Interior SR, where she is responsible for development of science and research conceptions in relation to development of Fire Research Institute. She is an expert in the field of Geoinformatics and risk analyses and management. Fire Research Institute, Rožňavská 11, 831 04 Bratislava, e-mail: andrea.majlingova@minv.sk Maroš Sedliak, PhD. – He is an expert in the field of risk analyses and management and application of Geoinformatics and modelling tools for this purpose. Technical University in Zvolen, T. G. Masaryka 24, 960 53 Zvolen, e-mail: maros.sedliak@tuzvo.sk

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (64-70)

THE ROLE OF PUBLIC ADMINISTRATION IN EXTRAORDINARY STATES Robert Socha, PhD. Wyższa Szkoła Zarządzania Ochroną Pracy w Katowicach ABSTRACT In the paper presented are different solutions applied in administration systems of European countries. Assuming that in European countries the most of worth-mentioning models are applied, from which derives solutions used in non-European countries, presented are the most characteristic of these models, i.e.: English, French and Swiss. Recalled was the history and short description of each of them. The paper also discuss the issue of functions of administration, which protects the public order and collective security. Considering the issue of managing in extraordinary states, the Author attempts to provide definition of this term. ARTICLE INFO Article history Received: 05.05.2014 Accepted 13.06.2014 Keywords Administration, human rights, extraordinary states, security, public order

INTRODUCTION The term ‘administration’ (Latin administrareto be helpful) can be defined in organizational, material and formal terms. From the first point of view it is the whole of subjects of administration, from the material one – the activity of the country, which subject matter are administrative cases, and from the formal point of view – the whole activity executed by the administrative subjects1. There are many definitions of administration and, accordingly, a lot of its divisions. Administration may be divided according to the following criteria: the way of subordination, the scope of activity and the scope of entitlements. Taking into consideration the criterion of the way of subordination, one must differentiate: E. Ochendowski, Administrative law, „House of the organiser”, Toruń 2000, p. 19. 1

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centralized-government units and decentralized ones. According to the scope of activity criterion, one can talk about: central organizations (chief body, central offices) and local bodies (government general administration, special administration). From the point of view of the scope of entitlements, one must point out the decisive and auxiliary entitlements. The representatives of the government administration are on a central rank (the president, ministry lead by the chairman, ministers, central offices) and on a regional one (province – province governor). Local authorities fulfill the tasks on a regional (province-marshal, province assembly, management board) and local rank (the district – the district administrator, council and the commune – the mayor of the city, the mayor or the commune, council).


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Therefore, administration is an organized activity, realized with the help of a certain apparatus and aiming at fulfilling certain goals. Such activity, which covers a set of actions, activities and organizational and executive ventures, executed in favor of realizing the public businesses by different subjects, bodies and institutions, on the basis of regulations and in the forms determined by the law, is called the public administration. In other words, the public administration is the union of different forms of administration, acting within the framework of public cases, and above all the Civil Service, government administration and local authorities. Therefore the functions of the public administration are as follows:  Ordinal – rationing function, connected with the protection of the public order and the collective security;  function of providing the public service through the institutions belonging to the public sector (of public utilities and administrative plants);  function of the adjuster of the economic development manifesting itself in using classical police and rationing instruments in the form of permits, quotas, customs, as well as participation of the state in managing the national economy. In Europe many systems of administration have been created, which caused that practically every country uses quite different solutions. Administration on other continents is generally the derivative of European solutions. Because of their distinguishing features and comparative values, English, French, German and Swiss solutions are worth mentioning2.

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The oldest model is the English one, which dates back to the 17th century, when, after the creation of parliament, administrating the territories was transferred to self-government associations. Great Britain, that is the United Kingdom of Great Britain and Northern Ireland, consists of England, Wales and Scotland – located on the island of Great Britain, and Northern Ireland, located in the northern part of the island of Ireland. Great Britain was a strongly centralized country, however in 1998 there were undertaken the reforms designating the creation of a federal state. On the basis of the accepted acts Scotland, Wales and Northern Ireland received the autonomy. England was divided into nine regions, from which three, lying in the North, acquired the great self-reliance. The case of the autonomy of remaining regions was put off for the undefined future. Considering above, it is possible to assume that the United Kingdom of Great Britain and Northern Ireland consists of four duchies which are divided into their own administrative units. The fundamental administrative division of England originates from the 70s. The duchy is divided into 54 counties, amongst which 6 constitute the biggest urbanized areas, having the status of metropolitan counties. Counties are divided into districts, and these into communes3. The basic principle of functioning of the English self-government is ultra vires rule, which allows local individuals for the accomplishment of only such tasks which were granted them by the act. So this approach is contrary to the majority of European countries, where applies the conjecture to properties closest for inhabitant of the self-government4. In France only in 1954 they decided on the decentralization of administration, and the J. Srzyp, Administrative division of European states, „Wszechnica Mazurska w Olecku”, Olecko 2006, p. 111112. 4 W. Kisiel, The local authority in the USA. Pragmatic diversity, „Jagiellonian University”, Kraków 1995, p.14-15. 3

See: J. Panejko, The genesis and bases of the European self-government body, „Impreimerie de Navarre”, Paryż 1926, p. 16-21. 2

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appropriate reform took place in 80s. The territorial organization of the state is a threelevel one and it covers 26 regions, including four overseas (Guyana, Guadeloupe, Martinique, Reunion), 100 departments and 36664 communes5. The main tasks of the commune are: spatial development; administering the municipal property; giving one's opinion on the route of roads, plans of developing; establishing the welfare and its execution; classification of areas of special natural, recreational, healing advantages; promotion of economic development; urbanization; housing; vocational training; part of the health care, education, welfare, environmental protections, organizing range of cultural activities. Then, the task of the regions is programming the social, cultural and economic development. Accordingly, the departments process social benefits, including: sanitary protection, keeping the post-primary education, paying benefits, holding garbage dumps, school transport and supervise the economic interventionism. It is worth mentioning that the local authorities can alone establish the manner of the execution of tasks, as well as they can cooperate to a certain extent with government individuals6. The history of German selfgovernments dates back to the 19th century. Then in Prussia a local management system was introduced, based on the institution of the local government. An organizational diversity followed the Second World War, and because of that until today it is possible to notice the elements of the Anglo-Saxon and French model in western Lands. It needs to be emphasized that 16 federated states comprise Germany ( Lands – 10 in former RFN and 6 in former GDR). Among Lands there are three cities: Berlin, Bremen and Hamburg. Lands are divided into regencies, these into districts (including cities on laws of the district), then J. Srzyp, Administrative division …, p. 72. H. Izdebski, The History of Administration 3rd Edition, „Liber”, Warszawa 1996, p. 72-73. 5 6

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into communes7. The local government is on the level of the commune and the district. 8 Among performed tasks on the commune level are among others: registration, passport matters; register office records; matters of the civil defense; building supervision and the health care supervision; social care, primary education; fire precautions; maintenance of sports grounds. The tasks of the district are all those which cannot be executed by the communes, for example environmental protection; inspection of the air pollution; expansion of roads; development of the secondary education and professional, etc9. In the 19th century the Swiss model was formally created. According to the constitution from 2000, Switzerland is a confederation. This country is divided into 23 cantons, where three of them are divided into „ half cantons” what gives altogether 26 cantons concentrated in 13 regions10. In Switzerland communes are an only level of the selfgovernment and they come from commonly managed groups of settlements which created the Swiss confederation. Communes have the great self-reliance, because they perform all local tasks, including giving the citizenship of the commune, which is necessary to apply for the citizenship11. From the point of view of the undertaken issues, a function which deserves the particular attention is the order-rationing function, connected with the protection of the public order and the collective security. It is worth mentioning that the primacy of the . Srzyp, Administrative division …,ps. 44. There are some exceptions from this pat tern because the Land also have the tasks of creating the local government. For example in Hessia the lowest level of local government are districts. 9 The local government and the civil service in selected countries. Commune in countries of Western Europe, edit. J. Jeżewski, „Uniwersyty of Wrocław”, Wrocław 1999, p. 253254. 10 J. Srzyp, Administrative division …, p. 53. 11 B. Dolnicki, Models of the local government in Europe and in Poland, „Publishing House of A. Abramski”, Katowice 1994, p. 25. 7 8


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safety in the activity of bodies of public authority stems from the basic element of the administrative law, i.e. principles of the realization of the common wealth. The common wealth is a notion integrating all people and all values, whose protection is constituted by the law. These values, specified in legal documents, falling within the scope of the widely understood safety, concern the security of the outside state among others, of domestic security of the state, including the public order and safety, the protection of life and health of citizens, guarantees of the freedom of thinking and action of citizens, the protection and using natural reserves of the environment or creating social, economic, scientific and cultural conditions for the development. So in the realization of the mission and goals of security, all the bodies and institutions take place since ensuring the safety and public order is in the area of the task of the public administration. These issues are a subject of the administrative and legal regulation which has the wide technical reach. A part of this regulation are: determining code of conduct concerning the public order and safety; imposing certain behaviors; establishing organs competent in matters from this scope, instruments of their action, etc. They create the administrative and legal regime of providing the appropriate degree of that safety12. Also managing in the extraordinary states, often called interchangeably the states of particular hazard to the state security, is included in the area of tasks of the civil service. Therefore, continuing the issues undertaken, one should explain the nature of special states. Attempting to create a general definition of the term ‘extraordinary states’, one should pay attention to the following elements. First of all, these are always the 12 See: Administrative Law edit. M. Wierzbowski, „Law publishing company LexisNexis”, Warszawa 2003, p. 567568.

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states included either in the constitution itself or in everyday acts, or recognized as the institution of the binding common law. Secondly, implementing any of the special states creates the legal and sociopolitical situation being characterized by a departure from normal rules of functioning of the law, and often also of normal functioning of the political system. Therefore these states must always have exceptional nature and at the same time transitional, extraordinary. They are called extraordinary in order to emphasize their dissimilarity and the departure from normal political-legal order. This is what the uniqueness of special states is all about. In this sense especially an expression “state of emergency” conveys the character of these states correctly. Thirdly, each of contemporary extraordinary states is some kind of reply to the existing threat to a given good requiring the special and immediate defense or protection, with the help of applying extraordinary means. Applying essential, extraordinary and exceptional means is always dictated by the need to move the real threat away or to counteract its effects. This threat can harm: the highest good of the nation, which is its sovereign national existence; into bases of the national system; into the public peace and the life of citizens; into public or individual possessions; also into bases of economic existence of the nation and the economic existence of the population. It is the character of the endangered public good which has the highest importance for diversifying different forms of special states. What is more, the kind of endangered public good and the cause of this threat point out the selection of extraordinary means, taken with a view to counteracting this threat. Fourthly, nature of extraordinary states consists of implementing restrictions of laws and civil liberties or their partial or total suspension. Democratic mechanisms of the administration are simultaneously suspended. 67


Robert Socha THE ROLE OF PUBLIC ADMINISTRATION IN EXTRAORDINARY STATES

It results from the essence and the aim of introducing the given state, because the entire sense of introducing it consists in the fact that for redeeming the superior good other good sacrifices itself 13. In the legislation the typology of states of the particular hazard was made by 14 S. Gebethner , who applying the criterion of public good suggested the following division (figure 1):  states of the particular hazard of the national sovereignty, the independence and the territorial integrity, which include all martial laws which are led in relation to conducting the warfare or wars and states associated with preparation for the defense;  states of the particular hazard of political institutions and functioning of the constitutional organs of the state. An example can be the German regulation, which stipulated the threat of permanence or liberation-democratic order of Connections or one of the countries /Gefahr fur den Bestand oder die freiheitliche demokratische Grundordnung des Bundes oder eines Landem/, known as the state of the political domestic crisis;  states of the particular hazard whose introduction is aimed at restoring the disturbed order and the public peace, the safety of citizens and the law. According to S. Gebethner ‘the forms of special states, included in this category, are characterized by the fact that they are led in circumstances in which the common, collective distraction of the public order takes place, as a result of which the life and health of citizens and their possessions, as well as the public

See: S. Gebethner, States of the particular hazard as the institution of the constitutional law, ‘Country and law’ 1982, number 8, p. 8-11. 14 Ibidem, p. 12-15. 13

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possessions are exposed to a serious danger’15;  states of the particular hazard introduced on account of the natural disaster. The difference from the previous category results from the reason of the threat. These reasons include the elements, creating the threat to life, health and possessions, because the threat doesn't result from conflicts or social tensions. The state of a natural disaster usually has the local range, but there are the situations when it spreads through a huge area, and even the whole country, paralyzing the normal life of the population and functioning of the economy. However, this nationwide range does not mean the threat to the state security and its constitutional system. In certain situations a natural disaster within the reach or statewide effects can jeopardize the correct functioning of national economy and in a serious way disrupt essential mechanisms of satisfying basic needs of the society and its members. Then the state of a natural disaster should be converted into the state of the highest threat to the national economy and the existence of the population. However, the Polish legislation doesn't provide for such kind of the state of the particular hazard. In the German legislation the state of a natural disaster /Naturkatastrophe/ predicted two possibilities of introducing it. If the state of a natural disaster concerned only one country, then the proclamation was involved in a government of this country. It could call the police and administrative forces of other countries for help, as well as to call for help the army and the federal border guard. However, in the situation in which the state of a natural disaster referred to the large number of countries, the initiative of its proclaiming 15

Ibidem, p. 9-11.


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was the business of a trade union government;  distresses of the national economy and vital conditions for the existence of the population. For the first time that kind of cause of threat was set out in the British act on a state of emergency from 1920, where they predicted that a state of emergency could be proclaimed when a direct threat to the entire community becomes known or its any essential parts in the field of the essential living conditions, as a result of disrupting the supply and the distribution of food, water, fuel or light or the functioning of the means of transport. As a result of historical conditioning of the development of not only social relations, but also the modern constitutionalism, types of extraordinary states in our times are highly diversified. The gradable-ness of discipline which these states involve, lets on one hand for the selection of means suitable for real requirements of a given situation, on the other it enables and makes it easier to get out of the extraordinary states with the severer set of discipline through the states with more lenient discipline. Simultaneously, what needs to be strongly emphasized, it frees the authorities of the state from the compulsion to always reach for ultimate and most drastic agents or apply extraordinary means, disproportionate to the weight and the scale of the existing threat. Decisions about introducing one form of the extraordinary state, particularly if they concern a state of emergency, aroused and will always arise protests and trigger disputes. It is hard to expect it to be the other way round. All the more protests and disputes are understandable, that goods devoted for saving that superior good, which is the business of the country, always constitute individual civil liberties. From this point of view it is always necessary to aspire to the situation when the selection of means restricting laws of both the freedom of the man and the citizen are as

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much as possible appropriate and commensurate with the weight and the value of the endangered good, whose protection is ensured by introducing the extraordinary state. Widely understood extraordinary situations bring the greatest threat to the freedom and human rights, and therefore there is a need for an unusually precise regulation of such situations and their legal consequences in the sphere of businesses of individual subjects. Taking issues of extraordinary states one should start with clarifying the notion „rights and freedom of the man and the citizen”, because the knowledge of its meaning is necessary to understand the nature of special states. Human rights are in our times one of the basic notions used in social and political life. The term 'law' has a lot of meanings . Law is „the whole of regulations, legal norms regulating relationships between people” or „what is entitled to him/her, what is possible to be demanded”16. In the first meaning it concerns the law in the objective meaning, in the second one the liberty of the subject. So the liberty of the subject exists only when statutory instruments of its protection were created.17 The source of the human rights is not the country and the law system created, but the natural law, according to which the ground for the human rights is the dignity and freedom of a human being. Therefore human rights constitute the minimum of entitlements which are granted to an individual – minimum without which he or she could not take advantage of all the other rights. Strictly connected terms of ‘law’ and ‘freedom’ of a man and a citizen, both in legal acts and beside them, have different meanings, origin and, what follows, the technology of 16 Small dictionary of the Polish language, edit. E. Sobol, Warszawa 1994, p. 702. 17 See: Polish constitutional law, edit. W. Skrzydło, Lublin 2003, p.159.

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construction. Human liberties stem from natural laws, from inborn human qualities like the ability to speak. Therefore the country cannot constitute the human liberty, but it canand it does-restrict it. Some people, especially Thomism school, assume that the natural laws come from the creator, so they are the result of a manifested law. The liberties are not constituted by the country but they can be accepted, guaranteed and restricted. Contrary to ‘liberty’, ‘laws’ are created by the country itself. It determines their scope and catalogue. In the doctrine of international law of human rights, the term of extraordinary situations is usually interpreted as the state which results from temporary conditions putting the state institutions in the endangered position and this state provokes the state authorities to feel justified in a temporary suspension of applying some rules. In order for the state authorities to lege artis use the legal consequences of the occurrence of extraordinary states, the following conditions must be met:  the danger which stems from extraordinary situations must be direct and real;  the consequences of this danger must concern the whole country;  the danger threatens the continuity of the organized life of the society; the danger is so unique that it cannot be contained with the use of ordinary remedy measures being at the country’s disposal, especially including the special restrictions permitted by the law. Summing up, extraordinary states should be understood as the decisions pointed out in the constitution (rarely in ordinary acts) of the subjects, that is the parliament or head of state, aiming at ensuring the public security, law and order and the appropriate functioning of the economy in case of external or internal threats, on one part or on the whole territory of the country and as the consequence of that 70

there is the restriction or suspension of the human rights and liberties guarantied in the acts18 and introducing the special way of managing the country. This special way of managing is connected with taking on special entitlements by the head of state, government and the bodies of public authority subject to it.

REFERENCES 1.

Administrative Law edit. M. Wierzbowski, „Law publishing company LexisNexis”, Warszawa 2003. 2. Dolnicki B., Models of the local government in Europe and in Poland, „Publishing House of A. Abramski”, Katowice 1994. 3. Gebethner S., States of the particular hazard as the institution of the constitutional law, ‘Country and law’ 1982, number 8. 4. Izdebski H., The History of Administration 3rd Edition, „Liber”, Warszawa 1996. 5. Ochendowski E., Administrative law, „House of the organiser”, Toruń 2000, p. 19 6. Panejko J., The genesis and bases of the European self-government body, „Impreimerie de Navarre”, Paryż 1926, p. 16-21. 7. Polish constitutional law, edit. W. Skrzydło, Lublin 2003. 8. S. Sagan, Constitutional law of the Republic of Poland, Warszawa 2001. 9. Small dictionary of the Polish language, edit. E. Sobol, Warszawa 1994. 10. Srzyp J., Administrative division of European states, „Wszechnica Mazurska w Olecku”, Olecko 2006. 11. The local government and the civil service in selected countries. Commune in countries of Western Europe, edit. J. Jeżewski, „Uniwersyty of Wrocław”, Wrocław 1999. 12. W. Kisiel, The local authority in the USA. Pragmatic diversity, „Jagiellonian University”, Kraków 1995.

See: S. Sagan, Constitutional law of the Republic of Poland, Warszawa 2001, p. 251-252. 18


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (71-77)

ANALYSIS OF PUBLIC SECURITY SYSTEM AND ITS RELATIONS WITH THE ELEMENTS OF THE STATE SECURITY SYSTEM1 Assoc. prof. Bernard Wiśniewski, Ph.D. Wyższa Szkoła Policji w Szczytnie

ABSTRACT According to the legally binding directives concerning strategy, public safety is one of the fields of the state’s activity that is subjected to dynamic transformation. That is the result of the changes that occur within security area in international and national aspect. These changes indicate that this kind of security is one of the crucial meaning. Its essence concerns citizens’ safety in all subjects of state’s functioning. In order to carry out tasks within this area, public security system has been appointed that is a part of the state’s internal system of security. Due to its goals, public security system cooperates with many elements of the state security system that determines its effectiveness.

ARTICLE INFO Article history: Received: 03.05.2014 Accepted 13.06.2014 Key words: Safety, threats, state,internal security, public safety system, cooperation, coordination.

Systematic1 approach towards safety issue has practical reasons. Only such approach creates possibility of ordering knowledge concerning safety. Systematic approach is also determined by the features of activities undertaken in order to achieve and maintain security such as: anticipation, adaptation, purposefulness of the actions, focus on development, that are characteristics of systematic approach, which still remains modern way of practical action. Its discriminants are2: The above mentioned considerations resulted from the author’s participation in the project entitled “National Security System of the Republic of Poland” carried out in the field of defense and security of the state and funded by the National Research and Development Centre – contract no DOBR/0076/R/ID1/2012/03 December 18, 2012,registration no: O ROB/0076/03/001. 2 P. Sienkiewicz, M. Urbanek, M. Kinasiewicz, Zastosowanie modeli analizy sytuacji polityczno-militarnejj i społecznoekonomicznej do oceny potencjałów bojowych i struktur organizacyjnych Sił Zbrojnych RP [in:] Program naukowy „Doskonalenie”, AON, Warszawa 1992, p. 94 1

treating the examined object as a system;  treating the system as an object composed of interrelated subsystems;  treating the system as belonging to a larger system;  using the model of a system of a specific level of resolution which expresses a certain aspect of the activity. As the public security system operates in a particular surrounding, this surrounding acts on it reflexively. That is why it is “a set of elements external to the system and remaining in the interaction with the system. There is another higher system over every system, thus there is a certain hierarchy in the system structure”3. For public security system such a higher system is a system of a state W. Kieżun, Podstawy organizacji i zarządzania, Książka i wiedza, Warszawa 1975, p. 204-205 3

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Bernard Wiśniewski ANALYSIS OF PUBLIC SECURITY SYSTEM AND ITS RELATIONS…..

security. Public security system may be perceived according to the activity. That is why it is a social system (complex of systems) that – with the necessary ways and means of action – sets and pursues certain goals4. The basic aim of the authority’s activity, as well on the local as on the governmental level, is to provide civilians with acceptable level of safety and undisturbed development. Having this in mind, the purpose of the public security system is providing the development of the society by maintaining the ability to react (according to the circumstances) with organized and complex actions (in functional and territorial system on every level of local and governmental authorities)in case of threat to public order and every other event that causes or may cause crisis situation5. There is no doubt that the area that is concerned by public safety system is vast and hard to define. It seems however that it can be selected from state security system as a set of authorities and public administration, methods and means of action related to the protection of life and health of the citizens and national wealth from illegal acts6. This system includes three basic areas: control bodies, information links that are necessary to manage, reflecting the structure of the described system and a set of methods and measures governing the manner and principles of operation of the scheme in case of threats to public security. Public safety system’s characteristic feature is stability of its purpose and its structure. Within the system, there are precisely specified functions of its elements that dovetail with each other leading to expected, planned effectiveness of actions. P. Sienkiewicz, Teoria efektywności systemów kierowania, Tom I – wstęp do systemologii, rozprawa habilitacyjna, ASG, Warszawa 1979, p. 263. 5B. Wiśniewski, Podstawy prawne systemu bezpieczeństwa wewnętrznego RP [in:] Bezpieczeństwo wewnętrzne RP w ujęciu systemowym i zadań administracji publicznej, red. nauk. B. Wiśniewski i S. Zalewski, Bielsko-Biała 2007, p. 73. 6Ibidem. 4

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Further characteristics of public security system are the transparency of the interaction between the system’s components and common goals. The first one enables its proper functioning in case of threat and the other allows to exploit completely the benefits coming from the specialization of the elements. The organizational structure is the constant part of the system while the threats to the security are the unstable factor.7 The legal basis of the system of public safety are: The Constitution of the Republic of Poland, legal acts and based on them implementing acts (ordinances, regulations). This scope of legal basis is strictly related to the constitutional catalogue of sources of universally binding law(Article 87) that – apart from the above mentioned – includes also local laws binding within the areas of the authorities that set them and ratified international agreements. The analysis of binding legal acts leads to the conclusion that beside the constitution, basic act concerning the public security system is The Law on Govern Administration of 4September 19978. According to Article 29.1 of the above mentioned act, government department - internal affairs includes issues related to public safety such as relating to the protection of public safety and order, the protection of the state border and border traffic control. The above regulation states also that the minister responsible for internal affairs shall, among other duties, supervises the activities of the Police, Border Guard and the Government Protection Bureau. Basing on the regulations contained in proper acts, it is possible to find that these institutions are the main subjects within the public safety area. It is worth mentioning however that next to them there are other subjects acting on the field of 7B.

Wiśniewski, S. Zalewski, Charakterystyka systemu bezpieczeństwa wewnętrznego RP [in:] Bezpieczeństwo wewnętrzne RP …, wyd. cyt., p. 81. 8Tekst jednolity ustawy opublikowano w Dz. U. z 1999 roku, nr 82, poz. 928 wraz z późniejszymi zmianami


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public security, although their position in the administrative system and their competences vary significantly. Among them one may find qualified inspections and guards, as well as private sector institutions performing tasks within the field of public safety. From the public safety issues, there is another important act - the Law of 21 June 2002 on the state of emergency9. Article 2 defines the conditions under which a state of emergency may be enforced that directly relate to the issue of public safety and constitutional order. The article mentioned above states that the state of emergency can be introduced in case of a particular threat to the constitutional order and security of citizens or public order, including the ones caused by terrorist activities, which cannot be overcome with the use of ordinary means10. These regulations are complemented by the acts concerning the functioning of the essential elements of the public security system that are briefly described below. According to Polish law, the efficiency of the public safety system is provided by relevant authorities – according to their competences – such as: government, the competent central authority of government, province governor, the governor and the mayor (mayor, president of the city) and the relevant chiefs (commandants, directors, etc.) public and private subjects performing tasks related to the protection of life and health of citizens and national assets against unauthorized actions. The executives may be found a part of the first group of elements of public security system. Their basic task is to coordinate activity of all institutions acting on the same area. The U. z 2002 roku, nr 113, poz. 985 i nr 153, poz. 1271. stanów nadzwyczajnych służy przede wszystkim organom państwa, które mogą je wykorzystać w celu wykonywania swoich zadań w sposób, który w zwykłej rzeczywistości prawnej jest niedopuszczalny, jako że wkracza w sferę swobód obywatelskich. Z tego tytułu możliwość wprowadzenia stanu nadzwyczajnego została obwarowana konstytucyjnie licznymi ograniczeniami i zastrzeżeniami.

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second group of elements of the system contains the institutions that are subjected to the executives and their main task is to eliminate the threats to public safety and their effects11. Analysis of Polish regulations leads to the conclusion that public safety system considers the specifics of the structure of authorities and responsibilities of the organizational structures for public administration and state institutions.12 According to the regulations, there is a significant scope of the responsibility on the public safety issue that belongs to province governor (wojewoda). As the act of 23 January 200913 on the palatine and government in the region states, he is the representative of the government as a superior to the governmental administration. Thus, he is responsible for ensuring the interoperability of all organizational units of the province and directing their activities within:  prevention of threats to life, health and property;  the maintenance of public order and safety;  the prevention of natural disasters and other extraordinary threats, fighting and eradicating their consequences;  the protection of civil rights. Within the above mentioned area the scope of authorization allows the province governor (wojewoda) to order all the units of governmental administration and – in case of emergency – to the local government authorities as well. He is also empowered to issue orders (regulations)in the areas not covered by laws or other regulations, if it is

9Dz.

10Instytucja

11B.

Wiśniewski, S. Zalewski, Charakterystyka systemu bezpieczeństwa wewnętrznego RP, [in:] Bezpieczeństwo wewnętrzne RP w ujęciu systemowym i zadań administracji publicznej, red. nauk. B. Wiśniewski i S. Zalewski, BielskoBiała 2007, s. 78. 12Ibidem. 13Dz. U. z 2009 nr 31 poz. 206.

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Bernard Wiśniewski ANALYSIS OF PUBLIC SECURITY SYSTEM AND ITS RELATIONS…..

necessary to protect the life, health or property, to ensure order, peace and security. On the level of district (powiat) within the issues of public safety – according to the act of 5 June 199814 on the district (county) government – there is a concentration on the tasks that had not been entrusted to the municipality concerning, among others: protection and fire prevention and other extraordinary threats to the life and health of people. Starosta (governor of the district) in case of emergency governs the activities of district services, inspections and guards as their chief. It is crucial that the board of the district (zarząd powiatu) that is led by the governor of the district (starosta) has a scope of competence similar to the province governor (wojewoda) within the public safety area as long as that concerns the issues not regulated by other acts or orders and the reason for district regulations concerns more than one municipality. Municipality’s scope of responsibility within public safety issues is comparable, as – according to act of 8 March 1990 on municipal government15 - it is responsible for satisfying the collective needs of the community, which include primarily own tasks relating, inter alia, to ensure the safety of citizens and public policy. The essential elements of the system of public security are formations of a police character, which purpose and objectives are listed below. Police – according to the act of 6 April 1990 on police16 - is the formation serving the society, designed to protect the safety of people and the maintenance of public order and safety. Police carries out tasks related to: the protection of life, health and property of U. z 2001 roku, nr 142, poz. 1592 U. z 2001 roku, nr 142, poz. 1591 wraz z późn. zmianami. 16Dz. U. z 2002 roku, nr 7, poz. 58; nr 19, poz. 185; nr 74, poz. 676; nr 81, poz. 731; nr 113, poz. 984; nr 153, poz. 1271; nr 176, poz. 1457 i nr 200, poz. 1688.

people to unlawful attacks, protection of public order and safety and monitoring the compliance with police regulations and administrative provisions relating to the activities of public or in public places. The central body of government administration competent in matters of public safety and order is Chief of the Police, and in the province and district (county) respectively the governor (wojewoda) with the assistance of province chief of the police or provincial chief of the county police. The tasks concerning protection of state border on land and in the air are fulfilled by the Border Guard – according to the act of 12 October 1990 on Border Guard17. Pursuant to its powers, Border Guard performs tasks within the scope of public safety and concerning, inter alia, the prevention of crimes and offenses and the prosecution of their perpetrators as well as ensuring public safety and order within the area of border crossing and the border zone18. An important feature distinguishing the Border Guard from the Police is that it does not work within the administration in the region and its organizational structure is not adapted to the administrative division of the state. Central Anti – Corruption Bureau (CBA) is a special service dedicated to the fight against corruption in public and economic life (especially in the institutions of state and local governments), as well as to combat operations against the economic interests of the state. CBA’s activity is regulated in the act of 6 June 2006 on Central Anti – Corruption Bureau19. The tasks of this service, in its field of competence, are among the other things: recognition, prevention and detection of crime, disclosure and preventing instances of noncompliance with the Act of 21 August 1997 on

14Dz. 15Dz.

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17Dz.

U. z 2002 roku, nr 171, poz. 1399 Zadania Straży Granicznej – wypowiedź Komendanta Głównego Straży Granicznej gen. bryg. J. Klimowicza, [in:] „Świat Elit” nr 6-8/2003, p. 2627. 19Dz. U. z 2012 r. poz. 621. 18Szerzej,


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the limitation of economic activity by persons performing public functions, documenting the basics and initiating implementation of the provisions of the Act of 21 June 1990 on the reimbursement of benefits unjustly obtained at the expense of the Treasury or other state institutions, controlling the accuracy and truthfulness of asset declarations by persons performing public functions, analytical activities concerning the phenomena occurring in the jurisdiction of CBA and presenting information in this regard to the Prime Minister, the President of the Polish Republic, the Sejm and the Senate. The Internal Security Agency (ABW) is the element of public security which duties and powers are specified in the Act of 24 May 2002 on the Internal Security Agency20. A detailed list of tasks of ABW includes:  identification, prevention and control of risks affecting the security of the state and its constitutional order, in particular, the sovereignty and international position, integrity of its territory and national defense;  identification, prevention, detection and prosecution of perpetrators of some crimes;  implementation of the duties of the protection of the country and the performance of the national security authority for the protection of classified information in international relations;  obtaining, analyzing, processing and disseminating to the competent authorities information that may be important to protect the security of the Republic of Poland and its constitutional order;  taking any other actions specified in legal acts and international agreements. Both, statutory jurisdiction, as well as a wide range of tasks of the Internal Security Agency 20

Dz. U. z 2010 nr 29 poz. 154.

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distinguishes it from other organs of the state the chief organs of government (ministers), other special services, as well as police authorities. ABW’s statutorily assigned tasks related to the protection of constitutional order place this service as a leader of the executive branch in this subsystem. Protection of the constitutional order - seen as an area of operation of the Internal Security Agency includes the implementation of the tasks related to the protection of decision-making by public authorities and obtaining information important to the existence, independence and the position of the state21. Public security subsystem also includes specialized guards, services and separate inspections operating in the country22 that affect directly or indirectly the level of public safety while executing the tasks defined by law. Among those entities may in particular be included, in the following groups:  specialized guards: Border Guard, Municipal Guard, Railway Security Guard, Forest Guard, State Fishing Guard, State Hunting Guard;  specialized services: Customs Service, National Parks Service, Prison Service;  inspections: Customs Inspection, Inspection of Road Transport, Commercial Inspection, Sea Fishing Inspectorate. Analysis of the system of public security (including the rules for the operation of its components) leads to the conclusion that within this system one may distinguish six basic criteria, each with a specific set of relations that occur between organizational elements, which include23: S. Zalewski, Ewolucja modelu polskich służb specjalnych 1990-2002,Warszawa 2002, p. 14. 22Szerzej, F. Prusak, Organy ochrony prawnej, Wyższa Szkoła Handlu i Prawa w Warszawie, Warszawa 2002, s. 261-295. 23 Prońko J., Szmidtka T., Wiśniewski B., Wybrane aspekty modelu systemu kierowania reagowaniem w sytuacjach 21

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Bernard Wiśniewski ANALYSIS OF PUBLIC SECURITY SYSTEM AND ITS RELATIONS…..

accumulation - specifies the number of hierarchical levels;  span - specifies the number of secondary elements on different levels under one supervisor;  organizational coherence determines the degree of interdependence of structuralfunctional links between organizational elements due to the executed task;  information System –depicts the network of information flow;  the division of decision – making competences - includes business relations of primacy and subordination between authorities;  the division of labor between organizational elements concerning relations of cooperation – they depict links between organizational elements. Speaking about the structure of the public security system, one should also take into account the principles of the organization, which may include24:  the principle of uniformity;  the principle of hierarchical subordination;  the principle of anchoring the basic organizational structure for the territorial division of the country;  the principle of efficient action;  the principle of professionalism. Cooperation in the area of public security includes such issues as:

kryzysowych (tezy do dyskusji),[in:] materiały z I konferencji „Zarządzanie kryzysowe” organizowanej przez Wyższą Szkołę Morską w Szczecinie i Zachodniopomorski Urząd Wojewódzki w Szczecinie w dn. 27.06.2003r. 24M. Róg, Organizacja i zadania policji w Polsce, [in:] III

edycja Środkowoeuropejskiej Akademii Policyjnej, Policja Polska wobec przestępczości zorganizowanej, wyd. Wyższej Szkoły Policji, Szczytno 1996, p. 22 i nast.

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improvement and implementation of the principles and procedures of cooperation;  implementation of projects aimed at maintaining and enhancing the obtained potentials;  mutual support, evidenced by the execution of tasks for the benefit of interacting entities;  exchange of information. Interaction of the elements of the public safety concentrates essentially on the refinement of the provisions referred to in the sources of universally binding law, through the development of appropriate planning documents. Thus, it relates to law and to determine how to implement joint projects. It is worth noting however, that despite the fact that the public safety system creates a common body, this fact does not remove obstacles to the organization of cooperation. There appears to be many obstructions. They relate to the implementation of these projects which execution is not public. For this reason, the interaction is quite difficult and complex. The interaction of public safety components results from laws and regulation as well as the agreements between departments and services. The law and agreements define the ways and forms of cooperation between the different elements of the system. The most common ways of cooperation are: the exchange of information, shared services and trainings, taking action on the request of the interacting partners, transfer of documentation, assistance, sharing resources and measures25. Having this in mind, it is worth noting that the creation of the effectiveness of the system of public security “should also be carried out through interaction with institutions working in similar areas of allied countries.This cooperation is in fact an opportunity to absorb 25B. Wiśniewski, S. Zalewski, Charakterystyka systemu

bezpieczeństwa wewnętrznego RP [in:] Bezpieczeństwo wewnętrzne …, wyd. cyt. s. 83.


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and use in practice innovative solutions in terms of both substantive - technical as well as in managing, within the Polish institutions operating in the field of security. An important and desirable area is the cooperation of experts and exchange of experience in dealing with objectionable phenomena. Such actions result in benefits to the parties. They extend in a natural area of cooperation. They stimulate interaction”26.

REFERENCES: 1.

2. 3.

4. 5.

Bezpieczeństwo wewnętrzne RP w ujęciu systemowym i zadań administracji publicznej, red. nauk. B.Wiśniewski i S.Zalewski, WSA, Bielsko-Biała 2007. Kieżun W., Podstawy organizacji i zarządzania, Książka i wiedza, Warszawa 1975. Prońko J., Szmidtka T., Wiśniewski B., Wybrane aspekty modelu systemu kierowania reagowaniem w sytuacjach kryzysowych (tezy do dyskusji), [in:] materiały z I konferencji „Zarządzanie kryzysowe” organizowanej przez Wyższą Szkołę Morską w Szczecinie i Zachodniopomorski Urząd Wojewódzki w Szczecinie w dn. 27.06.2003 r. Prusak F., Organy ochrony prawnej, Wyższa Szkoła Handlu i Prawa w Warszawie, Warszawa 2002. Róg M., Organizacja i zadania policji w Polsce, [in:] III edycja Środkowoeuropejskiej Akademii Policyjnej, Policja Polska wobec przestępczości zorganizowanej, Wyższa Szkoła Policji, Szczytno 1996.

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j

6. 7.

8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Sienkiewicz P., Teoria efektywności systemów kierowania, Tom I – wstęp do systemologii, rozprawa habilitacyjna, ASG, Warszawa 1979. Sienkiewicz P., Urbanek M., Kinasiewicz M., Zastosowanie modeli analizy sytuacji polityczno-militarnejj i społeczno-ekonomicznej do oceny potencjałów bojowych i struktur organizacyjnych Sił Zbrojnych RP [in:] Program naukowy „Doskonalenie”, AON, Warszawa 1992. Ustawa z dnia 12 października 1990 roku o Straży Granicznej. Ustawa z dnia 21 czerwca 2002 roku o stanie wyjątkowym. Ustawa z dnia 23 stycznia 2009 roku o wojewodzie i administracji rządowej w województwie. Ustawa z dnia 24 maja 2002 r. o Agencji Bezpieczeństwa Wewnętrznego oraz Agencji Agencja Bezpieczeństwa Wewnętrznego. Ustawa z dnia 4 września 1997 roku o działach administracji rządowej. Ustawa z dnia 5 czerwca 1998 roku o samorządzie powiatowym. Ustawa z dnia 6 kwietnia 1990 roku o Policji. Ustawa z dnia 8 marca 1990 roku o samorządzie gminnym. Ustawa z dnia 9 czerwca 2006 roku o Centralnym Biurze Antykorupcyjnym. Zalewski S., Ewolucja modelu polskich służb specjalnych 1990-2002, Warszawa 2002.

AUTHOR Bernard Wisniewski - Associate Professor of School Police in Szczytno and the Main School of Fire Service in Warsaw. Director of the Regional Centre for Security Research in Bielsko - Biała. Member of the Scientific Council of the Centre for Research on Terrorism Collegium Civitas and "Maritime Security Yearbook" published by the Naval Academy in Gdynia. Author of more than two hundred papers, scientific and popular - research published in Poland and Germany, Czech Republic, Slovakia, Ukraine, Great Britain, Lithuania and United States of America. He specializes in national security issues, internal security, management crisis, defense preparations of the public administration and education for safety.

26Por. S.Zalewski,

Bezpieczeństwo wewnętrzne Polski wobec członkostwa w NATO [in:] Bezpieczeństwo wewnętrzne …, wyd. cyt. p. 83.

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LEGAL SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (79-88)

ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING IN HUMAN BEINGS IN SLOVAKIA doc., PhDr., Mgr. Alena Bašistová, PhD.1 PhDr. Emilia Mihoková2 Ing. Jozef Hlinka3 1 P.J.

Šafárik University of health and social work at s. Elizabeth in Bratislava

2 College

3 Academy of the police corps

ABSTRACT Human trafficking crosses borders between regions, countries and continents. Taking into account this fact, it is clear that the effort to improve the fight against this unwanted phenomenon requires international cooperation between Member States. This post presents an analysis of the current legal status of the fight against trafficking in human beings in the Slovak Republic in accordance with the rules of the Council of Europe. To make the fight against trafficking in human beings, the authors of the article proposed in the Slovak Republic special legislation aimed at combating trafficking in human beings with an emphasis to deal with the coordination area, but also in the identification of victims of trafficking in human beings and the provision of aid to these victims.

ARTICLE INFO Article history: Received: 06.05.2014 Accepted: 07.07.2014 Key words: trafficking in human beings, the national co-ordinator, victim of human trafficking, identification of victims, victim assistance, support and protection of victims of trafficking in human beings, the national programme for the fight against trafficking in human beings, the law on the fight against trafficking in human beings.

Council of Europe Convention on action against trafficking in human beings (hereinafter referred to as "the Convention") defines the obligation for the Contracting Parties to the Convention on the adoption of measures for the introduction or strengthening of national coordination between the various bodies responsible for preventing and combating trafficking in human beings. As a first step, to which the Slovak Republic has declared the fight against trafficking in human beings has been the resolution of the Government of the Slovak Republic No. 668 of the day 7. in September 2005, adopted the report on the activities of the Government of the Slovak Republic in 2005, aimed at

preventing and combating trafficking in human beings. On the basis of the decision of the Government of the Slovak Republic was appointed national coordinator for the fight against trafficking in human beings was adopted by the first conceptual material at the national level in the form of a national action plan to combat trafficking in human beings for the period 2006-2007. This document included among its primary tasks of creating a mechanism for the management and coordination of activities in the field of combating trafficking in human. For the purpose of the fulfilment of the tasks set out at the end of 2006 was issued an internal regulation of the Ministry of Interior of 79


Alena BaĹĄistovĂĄ, Emilia MihokovĂĄ, Jozef Hlinka ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING...

the Slovak Republic on the establishment of the Expert group in the field of the fight against trafficking in human beings (hereinafter referred to as "the expert group"). This is a group of professionals, which is a consultative and coordinating body of the national coordinator, addressing the issue proactively, the fight against trafficking in human beings at the strategic level and composed of representatives of the relevant ministries, the Office of the Government of the Slovak Republic, the Office of representative Government of the Slovak Republic for Roma communities, the General Prosecution Office of the Slovak Republic, of the Association of towns and municipalities of Slovakia, the International Organization for Migration IOM and representatives of non-governmental organizations in Slovakia. With regard to the functioning of the expert group, the national coordinator of the roofing are its decisions binding on all of its members, and hence for the participating departments, offices, organizations and non-governmental organizations, which, however, is not explicitly expressed in the generally binding regulation. For this reason, it is necessary to consider the drafting of the Bill, which would set a role for interested not only in the area of coordination, but also in other areas necessary to perform tasks in the fight against trafficking in human beings. On 23 July. in April 2008 the Government of the Slovak Republic approved the national programme for the fight against trafficking in human beings for the period 2008-2010 (hereinafter referred to as the "national program"). In terms of the performance of the tasks of the national programme are the Ministry of Interior of the Slovak Republic created the law of internal multidisciplinary working groups in the field of the fight against trafficking in human beings, which are focused on the provision of comprehensive care to people with prevention trafficikng victims of human trafficking and 80

deal with problems arising from the "ad hoc" group in the field of the fight against trafficking in human beings, which are aimed at the prevention of trafficking in human beings and to provide comprehensive care for victims of human trafficking and deal with problems arising from the "ad hoc". In order to ensure a uniform procedure, published by the Ministry of Interior of the Slovak Republic in December 2006, the internal regulation of the security programme for the promotion and the protection of victims of trafficking in human beings (hereinafter referred to as "the programme"). It should be noted that the internal management of the Ministry of Interior of the Slovak Republic Act cannot bind other departments to carry out the tasks, therefore, recommends the adoption of a comprehensive legal norm of higher legal force, which ultimately derives from the draft assessment report of GRETA, in order to ensure an effective fight against trafficking in human beings with a multidisciplinary approach, as is apparent from the explanatory report to the Convention. It should also be taken of the extent of the phenomenon of trafficking in human beings, which requires a response and countermeasures to comprehensive and systematic level, which implies the involvement of a wide range of public, private and third sector and their effective coordination, as defined in the current National program for the fight against trafficking in human beings for the years 20112014 which was approved by the Government of the Slovak Republic 16. February 2011. Analysis of measures for preventing trafficking in human beings demand aimed at preventing the demand Measures will be carried out in accordance with the performance of the tasks of the national programme to combat trafficking in human beings for the years 2011-2014 and in the framework of the implementation of the


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analysis of the situation in the area of prostitution and associated demand for sexual services in 2012 and the development of the conceptual material with suggestions for solutions; the implementation of the research focused on the lack of information concerning the forms of trafficking in human beings; increase awareness about trafficking in human beings on the demand side, as well as for potential offenders. To ensure the prevention of trafficking in human beings demand used in the Slovak Republic the system of aid in material difficulty, which is a kind of safety net for people with low or absent of income. In Slovakia is composed of a wide range of measures, aid policy from the provision of direct financial transfers to increase income (e.g. assistance in material need, State social benefits) through a reduction in expenditure (material in the form of a subsidy for the child, the school, the provision of the services), to support active inclusion measures, direct access to employment, education and active participation in social life. The key is to ensure that income support measures (in particular families with children), promoting access to employment, education and integration into the labour market, access to public services and the development of human capital1. The system of social protection (individuals, the family and its members) is ensured in particular through instruments assistance in material need. Within the meaning of the Constitution of the Slovak Republic to every person who is in need, have the right to such assistance, which is essential to ensure the basic living conditions of the above law is the constitutional guarantee — for every citizen. The goal is to aid in hardship should the nature of the preventive measures and See also: M. Mamojka, Právo podnikať v kontraste s praxou registrových súdov: zborník príspevkov z vedeckej konferencie s názvom ,,Ingerencia orgánov verejnej moci do podnikania“, Košice: Univerzita Pavla Jozefa Šafárika, 2006, pp. 88-92. 1

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temporary solution only for those whose potential can be activated. Families with children the State financially supports within the system of state social support and social benefits of the national recurrent lump. The provision of benefits is governed by laws which lay down the legislative conditions for entitlement to individual benefits, their amount, method and procedure for their payment, including provisions aimed at minimizing the possible use of ineffective funds. According to the Act No 5/2004 Coll. on employment services and on amendments to certain laws, as amended by later regulations (hereinafter referred to as the "law on employment services") is a citizen of the right to access to employment without any restrictions in accordance with the principle of equal treatment in labour relations and similar legal relations established by the antidiscrimination law. Control of illegal work and illegal employment is carried out and the penalties imposed by the Head Office of labour, social and Family Affairs (hereinafter referred to as "headquarters") under the law on employment services and labour inspectorates under the law No 125/2006 Coll. on labour inspection and on the amendment of the law on undeclared work and illegal employment. Control activities include, inter alia, permission to enter freely and at any time, subject to the control of illegal work and illegal employment and workplaces to the extent necessary to enter on private land and communications; to require proof of the identity of the natural person appearing at the workplace of the employer and an explanation of the reason for its presence. With a view to preventing and banning discrimination on the basis of sex, the Government of the Slovak Republic has adopted two strategic materials:  The national strategy for the prevention and eradication of violence against women and in families 81


Alena Bašistová, Emilia Mihoková, Jozef Hlinka ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING...

The national strategy for gender equality Of these strategic materials subsequently adopted action plans, which are based on the basic objectives and strategies formulated in specific tasks, including the determination of the responsibility of circuits for their implementation: The national action plan for the prevention and eradication of violence against women; The national action plan for the prevention and eradication of violence against women for years; National action plan on gender equality for the period. The provision of education in any field is from the perspective of the subject of focus set out in law No 245/2008 Coll. on the upbringing and education (Education Act) and on the amendment of certain laws and from the perspective of the education they provide is the issue contained in Act No 317/2009 Coll. on the teaching staff and professional staff, and on amendments to certain laws. According to the Education Act, education in schools and educational establishments may be carried out solely on the basis of exchanges of socio-educational program. In the context of the Education Act, it is possible to distinguish between the State and the school teacher-training program. The State shall determine the content of the training programmes of education and training in schools under the law in order to obtain the necessary competences. These public education programs are published by the Ministry of education, science, research and the sport of the Slovak Republic (hereinafter referred to as "the Ministry"). If there was a specific national training program, where it would be possible to include the educational programmes in the field of combating trafficking in human beings, according to the Education Act, the scope of the competent central authority of the State Administration intended, within the scope of which the issue belongs in the cooperation with the Ministry. 82

Public education programs are also the starting point for the development of school curricula, the creation and assessment of textbooks, instructional texts and a comprehensive assessment of the results achieved in the framework of the educational process. It is also the key for the content of individual items that make up the content of the lesson plans and curricula for individual schools according to § 9 of the Education Act. The school education program is the starting document, according to which education is carried out in a particular school and Director of the schol after consultation in the Council of the school of education and the Council of the school. If you require a creator shall have the right to approve of a particular school's curriculum. Maybe a tutorial on the fight against trafficking in human beings is not included in the national curriculum, and therefore cannot be included in the school curricula, which are concretization of state educational programs. Teaching-learning process in the field of combating trafficking in human beings, therefore, can be contained only within the curricula of selected specific socio-educational subjects, such as civics. For bodies which may provide different types of education is an essential Act of teaching staff and professional staff, which distinguishes between the different categories of educational and professional employees. In the framework of the teaching of the civil doctrine covering on the fight against trafficking in human beings, they play an essential role teachers, who must complete a course of study that focus so as required by law, or to continue in a continuous education, which is however voluntary and lies in the systematic acquisition of credits per unit completed the study programme. Just as it has in the educational process of the essential role of pedagogic assistant, or tutors. An integral part of the problem of trafficking in human beings is the removal of organs. Its


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legal framework is in the conditions of the Slovak Republic provided for in title II of law no 576/2004 Coll. on health care, services related to the provision of health care and on amendments to certain laws, as amended by later regulations (hereinafter referred to as "the law of health care"). This law laid down all the essential attributes of a legal procedure to remove bodies (in particular the definition of entities which are authorized to undertake procurement, as well as the terms and conditions of the donation). Unauthorized subscription is included in the scope of the criminal law. In the case of the health care law provides that the removal of organs (as well as the donation, testing, processing, preservation, storage, transfer or distribution of organs, tissues or cells) may be carried out for the purposes of transplantation, as well as scientific research aims for just such a provider who has issued for these purposes, any authorization that is issued pursuant to the Act of 2004 on 578/health care providers, health care workers, trade organizations in the health sector and on amendments to certain laws, as amended by later regulations (hereinafter referred to as the "law on providers"). In accordance with the law on health care, it is forbidden to remove and transfer of organs, tissues and cells, as well as for the purpose of financial gain or other material benefit. The donation of organs, tissues or cells is voluntary and free of charge. The law clearly lays down the conditions for the care of the donation. Among the measures to facilitate the prevention of the establishment of a National Transplant Registry include the demand can be list of people waiting for a transplant, where the order of the medical aspect, and a list of potential donors exclusively. Also have a legal obligation to notify health care providers of all cases in which they have reasonable grounds for believing Also have a legal obligation to notify health care providers of all cases in which they have reasonable grounds to

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suspect that the damage to the health or death of a person may have the participation of the other person. In addition to the already mentioned general binding rules are the professional guidelines issued by the Ministry of health of the Slovak Republic hereinafter provided for: ď&#x201A;ˇ donation, procurement of human organs from the bodies of the living and deceased donors, the donor testing and transfer of human organs to the recipient, ď&#x201A;ˇ transport in connection with the program of organ transplants, tissues, cells, and allocation of organs for transplant purposes, ď&#x201A;ˇ the choice of the recipient's body and mapping algorithm of the patients on the waiting list for transplantation To prevent demand in relation to preventing sexual exploitation of children and adolescents, it is necessary to mention also the non-legislative measures, such as the publications concerning the syndrome CAN with an emphasis on how to prevent the sexual exploitation of children and adolescents. The identification of victims of trafficking in human beings The procedure for the identification of victims of trafficking in human beings in the Czech Republic, as well as their possible inclusion in the programme for the promotion and the protection of victims of trafficking in human beings is an essential part of the national frame of reference (i.e. the structure of cooperation, within which public authorities fulfil their obligation to protect the human rights of the victims of trafficking, and to coordinate these efforts in strategic partnerships with civil society). The basic aim is to ensure respect for the human rights of victims of trafficking in human beings and the provision of services. Secondary to the 83


Alena Bašistová, Emilia Mihoková, Jozef Hlinka ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING...

development of national policies and procedures can help for the victims of trafficking, such as the legalization of their stay, and then edit the for example legal establishment, their compensation and to provide protection. The provision of basic human rights and dignity of the victims shall be conditional upon their early identification, which is also a condition of their designation as victims. The measures must take into account the fact that the victims of trafficking in human beings often problems relating to awareness of the situations in which they are located. Identify potential victim of trafficking in human beings may be any entity arising from public authorities or non-governmental organizations within the framework of the Slovak Republic, as well as from abroad, as well as the victim, and her family members through National help lines for victims of human trafficking 0800 800 818. Revealed potential victims are referred to the care of non-governmental organizations or IOM International Organization for migration in Slovakia, which initiate the procedure for the identification of potential victims of trafficking in human beings on the basis of the above initiatives through the identification of the questionnaire, the personal record of the client, which is based on the definition of trafficking in human beings. The Protocol to the Palermo international (additional protocol to prevent, Suppress and punish trafficking in persons, especially women and children, to the United Nations Convention against transnational organized crime). In the scope of the current national programme to combat trafficking in human beings (hereinafter referred to as "NAP") is: • increasing the expertise of representatives of State and nonState actors working with "endangered" in relation to trafficking in human beings, groups • ensure uniform identification of victims of trafficking by creating a 84

single form of identification on the basis of which they will follow all the involved actors. Part of the tasks in this section also aims at improving and enhancing the ability of their own victims, • coordination in the area of the stakeholders in the cases of trafficking in the case of a minor, and those aliens. To facilitate the identification of victims of trafficking in persons Office of the International Organization for Migration IOM has developed a manual, which was approved by the Ministry of the Interior in Bratislava, the Slovak Republic and persons coming into contact with the victims was provide work activities has been explicitly included psychological counselling provided for victims of violence and has been processed "a methodical instruction to develop messages for psychologists and other professional staff, research and consultancy in the psychological services". The Act of teaching staff and professional staff provides an effective mechanism for the prevention, which consists of preventive measures in schools and educational establishments is carried out by psychologists, school psychologists, pedagogues, social educators, hospitals. The mechanism shall contribute to the early diagnosis of possible disturbances of behavior among children and students, who may be or are victims of trafficking in human beings. Professional staff to assist the process of identifying the victims of this serious crime. The identification of victims of trafficking in human beings is also possible in the framework of the curriculum, and it is therefore also important support activities of the teaching staff in the context of education. In relation to the identification of victims of trafficking in human beings is a significant obligation to notify health care providers under the Act on providers. In addition to the


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provision of health care providers are required to notify the Prosecutor, investigator or police authority of reasonable grounds for believing that the damage to the health or death of another person, as well as participation might have suspected neglect, cruelty or abuse of a minor or other person, who is not eligible for legal acts or whose legal capacity has been restricted. This obligation covers only a limited part of the issues framed in trafficking in human beings. In addition to the above legal obligations is a professional guideline issued by the Ministry of health of the Slovak Republic prepared a procedure: â&#x20AC;˘ health professionals in the provision of health care to a woman at risk of violence. It streamlines the procedure for acts of genderbased violence, which results in, or is directed to the fact that its result was a physical, sexual or psychological damage figures and women, including threats of such acts, coercion, or any suppression of freedom, whether in public or in private life; â&#x20AC;˘ health care providers in cases of suspected sexual abuse of persons under eighteen years of age. Guidance builds on the mandatory reporting of health care providers within the meaning of section 79 (1). 2 of the Act on providers. In order to ensure a uniform procedure for the entities involved in the identification of victims of trafficking, it is recommended to adjust the legislation to identify victims of trafficking in human beings in the field of health. Assistance to victims, the period of recovery and reintegration of victims Generally binding legislation in the area of health, particularly in this area do not. Health activities are mainly focused on increasing the level of knowledge in the detection of possible victims of trafficking, as well as the ability to empathetic communication with victims, advisory services, and therapeutic options. Victims of trafficking in human beings, who

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are the beneficiaries of public health insurance, medical care is provided on the basis of law No 580/2004 Coll. on health insurance and on the amendment of Act No. 95/2002 Coll. on insurance and on amendments to certain laws, as amended by later regulations (hereinafter referred to as the "law about health insurance") under the same conditions as the other policy holders. In the case of insurance claims incurred by the victims of trafficking in human beings, there is a possibility of an agreement with the health insurance company for rescheduling. At the same time, it is possible the agreement cancellation fee for late payment, interest on arrears, respectively. Social and legal protection and social custody authority (the "authority" of social and legal protection) in the implementation of measures for the protection of victims of trafficking in human beings, in the meaning of social-legal of the Act No. 305/2005 Coll. on the protection of children and social custody and social and legal protection and on amendments to certain laws (hereinafter referred to as the "law for the protection of social and legal protection"), Act No. 36/2005 Coll. on the family and other applicable legal standards as well as in accordance with international conventions, which are Slovak Republic subscribes. Measures for the protection of children and social custody social and legal protection (hereinafter referred to as "social and legalâ&#x20AC;&#x153;) shall be carried out for the child, a natural person, family, group and community an adult, in particular, through social work, methods, techniques and procedures appropriate to the knowledge of social sciences and knowledge on the status and the development of sociopathological phenomena in the society. Authorities active in the provision of protection and social protection social and legal and social custody kids whose parents are unable or unwilling to discharge their parental rights and obligations, or whose parents are 85


Alena Bašistová, Emilia Mihoková, Jozef Hlinka ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING...

physically or psychologically or sexually abuse. Implementation of the measures for the protection of social and legal is focused on providing social counselling, social work, will be able to participate in the field programmes for assistance to victims of trafficking in human beings and, through advisory services provides, in particular, consultancy in the field of psychological treatise services and psychological assistance for the clean-up of the family. Enforcement authority performs the function of a guardian. In the performance measures for the protection of social-legal authority social-legal protection works closely with the police, the courts, the prosecution service, school, school facilities, municipalities, higher territorial units, accredited bodies, medical devices, as well as other legal and natural persons operating in the area. From the point of view of the protection of social and legal protection we consider performance measures for minors victims of trafficking in human beings to be sufficiently modified, you need to use a sufficient amount of legislative instruments in the implementation of the measures for minors victims of trafficking in human beings. In the field of international child abduction is the task of the States parties to the Convention on the civil aspects of international child abduction, and to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the country of their habitual residence. In the field of international adoption is for the States parties to the Convention on the protection of children and cooperation in inter-State adoptions one of the main objectives the adoption of measures to ensure that, in order to act in the best interests of the child and the adoption of international respect for his fundamental rights and to prevent the abduction, sale or trafficking of children. The law on social services ensures and declares the fulfillment of the needs of victims of 86

trafficking in the field of social services and, in particular, by ensuring the provision of specific forms of assistance and accommodation. Specifically for the dormitory room, shelter, emergency housing, which is also provided that the device is a physical person who is a victim of trafficking and the people and represents the most appropriate social services for victims of trafficking in human beings as a precaution against dangerous people by ensuring the confidentiality and anonymity of a natural person accommodation – victims of human trafficking. In the context of possible assistance to victims of trafficking in human beings, in respect of children or pupils in schools and school facilities are the essential provisions of the Education Act and the Act on teaching staff and professional staff, by means of which it is possible to help children or pupils if they are victims of trafficking in human beings. In the framework of the curriculum are the different forms of a specific way of schooling. It is possible to allow individual children education. In addition, if a student was abducted to a foreign country for the purpose of trafficking in human beings, and there are problems with its release to the home Member State, it is possible to ensure that the socio-educational process even in another State, the study results will be such a pupil. An important form of autonomous learning, which allows students to engage in a crime victim than a proper curriculum is an individualized learning plan that is an individual form of teaching-learning process and allows you to that is an individual form of teaching-learning process and enables students to engage in education and, therefore, is a form of assistance to the victim. The activity of the special educational establishments, which are diagnostic centre, re-education Centre and medical-education sanatorium is an essential form of assistance to victims. In the case of assistance to victims of trafficking in human beings can help educational staff and professional staff, its


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activities, and on the basis of the tasks entrusted to them in the context of education for teaching staff and professional staff laid down by law. The internal legislation of the Ministry of Interior of the Slovak Republic, were created Programme for the promotion and the protection of victims of trafficking in human beings (hereinafter referred to as "The Programme"). The Programme encompasses a wide range of assistance for victims of trafficking in human beings, as a Slovak, as well as foreign, whether stateless persons and entities involved in the fight against trafficking in human beings. The aim of the programme is to provide assistance to the victims, to ensure the protection of their basic human rights, freedoms and dignity, and to motivate the victim to witness statements, which make it easier for law enforcement authorities in the detection, prosecution and the perpetrators of the crime of trafficking in human beings reproof. For the effective functioning of the programme and qualified to provide services to victims according to their individual needs to conclude contracts with NGOs and the IOM in Bratislava on funding from the State budget. The recovery and reflection period under the Convention is seen in the Slovak Republic as a "recovery", within the meaning of the internal law of the Ministry of Interior of the Slovak Republic lasts 90 days. During that period the foreign victim entitled to ensure comprehensive care, including legalization of stay on the territory of the Slovak Republic for a period of at least 90 days. Comprehensive care for victims of human trafficking â&#x20AC;&#x201C; it is the citizens of the Slovak Republic, as well as foreigners granted during the period of crisis care and time to recover for a period of 90 days. After this time it is in the case of a decision on cooperation with law enforcement authorities, victims provided by the comprehensive care throughout the criminal proceedings. After the completion of the

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criminal proceedings, according to the needs of the care provided during the period of reintegration in the duration of 90 days. If the victim decides not to cooperate with law enforcement agencies in criminal proceedings is provided by the comprehensive care throughout the period of the criminal proceedings. After the completion of the criminal proceedings, according to the needs of the care provided during the period of reintegration in the duration of 90 days. If the victim decides not to cooperate with law enforcement agencies in criminal proceedings is provided by the comprehensive care of the victim, who is a citizen of the Slovak Republic during the period of 90 days and the reintegration of the victim of trafficking in human beings â&#x20AC;&#x201C; an alien is provided during the period of preparation for the return to their country of origin. Act No. 48/2002 Coll. on the residence of aliens and on amendments to certain laws (No 220/2010 Coll. full text of the law on aliens) deals with the permission of the tolerated residence permit, which is granted to an alien who is also, inter alia, the victim of a crime related to trafficking in human beings, where at least 18 years of age, to a maximum of 90 days. In the case of a minor alien be granted police permission to stay such an alien, if tolerated by the Department's child found in the territory of the Slovak Republic. At the same time, the law also governs the issue of renewal of the authorization to stay for at least 180 days, tolerated and even repeatedly, if it takes the reason for which the authorization was granted and the presence of aliens in the territory of the Slovak Republic, it is necessary for the purposes of criminal proceedings. Authority or person entrusted with law enforcement by the Ministry of the Interior shall inform the alien, having been granted a tolerated residence permit on any programmes or projects whose aim is to enable its integration into the company during the duration of the stay. The Ministry of the 87


Alena Bašistová, Emilia Mihoková, Jozef Hlinka ANALYSIS OF LEGAL STATUS QUO FIGHT AGAINST TRAFFIKING...

Interior may grant permission for permanent residence without fulfilling the conditions laid down in the law on aliens, if it is necessary for the provision of protection and assistance to witnesses under a special law (Act No. 256/1998 Coll. on the protection of witness in the wording of later regulations). Repatriation and return of victims of trafficking shall be carried out in accordance with the law on aliens (Act No. 48/2002 Coll. as amended) and the law on asylum (Act No. 480/2002 Coll., as amended). After the entry of the alien into the program it is the aid granted for the voluntary return to the country of origin, and mediation assistance service provider operating in the country of origin. Victims of human trafficking who are citizens or residents of the Slovak Republic that the usual competent authorities of another Member State identified as victims of trafficking and, subsequently, their repatriated in the Slovak Republic may apply for inclusion in the

programme. Reintegration of victims into society is also subject to the provisions of the internal law of the Ministry of the Interior with respect to the specific needs of the particular victims of human trafficking. Due to the fact that the internal law of the Ministry of Interior of the Slovak Republic unable to commit to other entities involved in providing assistance to victims of trafficking in human beings, we recommend that you consider the edit area to fulfil the obligations for the provision of assistance to victims of trafficking in human beings, in the form of the legal act-the law. REFERENCES: Mamojka M., Právo podnikať v kontraste s praxou registrových súdov: zborník príspevkov z vedeckej konferencie s názvom, ,,Ingerencia orgánov verejnej moci do podnikania“, Košice: Univerzita Pavla Jozefa Šafárika, 2006, pp. 88-92.

AUTHORS doc., PhDr., Mgr. Alena BAŠISTOVÁ, PhD. P.J. Šafárik University lecturer on the PhD. Dedicated for inter disciplinary linking economics and social work. Two years in the period 2012-2014 has been released on the performance of the work in the public interest, as General Director of the Social Development Fund to Her areas of interest are the marginalized groups, the Ministry of Labour, Social Affairs and Family of the Slovak Republic, preferably in the area of the field and community social work and spending of public funds as well as their effective and economical implementation of projects the EU. PhDr. Emilia MIHOKOVÁ Is founder of several non-governmental organisations in Slovakia but also abroad, that specialize in educating youth. In the framework of the fight against trafficking in human beings are involved in preventive activities, with a focus on the highest risk populations so that they do not become victims of traffickers. The formation of the new model of support and Protection Programme assists victims of trafficking with the accent on the socio-legal care for victims of human trafficking. Currently acts as an external PhD student at the College of health and social work at s. Elizabeth in Bratislava. Ing. Jozef HLINKA The issue of the fight against trafficking in human is dealt with since 2006. He is the author of the national strategy to combat trafficking in human beings in the Slovak Republic. Created a coordination mechanism in the fight against trafficking in human beings and has built up a programme for the promotion and the protection of victims of trafficking in human beings. He is the co-author of the mechanism for the identification of victims of trafficking in human beings, as well as a mechanism for the return of the victims – citizens of the Slovak Republic from around the world. He is the co-author of the book "human trafficking or slavery 21. of the century "and is the author of several articles on the topic of the fight against trafficking in human beings. At the invitation of the Government of the UNITED STATES finished in 2012 study stay in the UNITED STATES to the issue of the identification and protection of victims of trafficking in human beings. Currently acts as a doctoral at the Academy of the police corps.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (89-99)

ANALYSIS OF LEGAL-ORGANIZATIONAL SOLUTIONS OF THE PARTICIPATION OF NON-GOVERNMENTAL ORGANIZATIONS OF A RESCUE CHARACTER IN THE CRISIS MANAGEMENT Ing. Janusz Falecki Ph.D. Markowski Higher School of Commerce in Kielce

ABSTRACT A key part of the crisis management system in Poland is an executive subsystem, whose primary task is to provide immediate assistance for people harmed and waiting for support in situations of crisis, threat, failure, disaster or cataclysm. The executive subsystem includes: specialist services, guards, inspections and non-governmental organizations of a rescue character. The most important non-governmental organizations of a rescue character are: Voluntary Fire Service, Voluntary Water Rescue Service, Mountain Volunteer Search and Rescue, Tatra Volunteer Rescue, the Rescue System of Polish Red Cross. It is estimated that in case of a crisis situation, catastrophe, natural disaster, help for victims can be provided by about 220 thousand social rescuers who annually participate in nearly 80 thousand actions, so it is a potential which is an essential element of the crisis management system. ARTICLE INFO Article history: Received: 03.05.2014 Accepted: 09.07.2014 Key words: safety, rescue, crisis management, an executive subsystem, non-governmental organizations of a rescue character

In order to counteract the contemporary security threats in Poland there has been built a crisis management system as an essential component of the national security system. The system was built based on public administration structures which function in the country, and its legal bases are based on legal regulations defining the competences of the highest state bodies, departments, public administration and other institutions in the field of security and defence, and the acts on states of emergency. Tasks and competences of particular components of the system result mainly from the Act on crisis management, but they are also scattered,

among others, in the Act on: the Council of Ministers, government administration departments, universal duty to defend Poland, provincial, county and municipal selfgovernment, government administration in the province, fire protection, infectious diseases and infections, or crops protection. The purpose of the built system is not to allow a crisis situation to develop, and in the case of its occurrence, to take effective actions to avoid or reduce losses, both human and material, and to lead at least to the state existing before the crisis situation or an improved state due to taking into

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consideration conclusions referring to the causes and the course of the crisis situation. In the crisis management system in Poland two subsystems are distinguished: a management subsystem, and a subordinate to it executive subsystem. The management subsystem is formed by bodies of the public government and administration (central and local government) with serving these bodies offices and supporting structures (of consultative-advisory and coordinationexecutive nature) with the necessary infrastructure. The role of this subsystem relies on joining all the elements and links of the crisis management system at the level of state, province, county and municipality (city) into a single, effectively functioning unit, enabling the implementation of crisis management tasks. The management subsystem ensures the continuity of making decisions and taking actions to maintain safety of the country and it is to ensure: prevention of risks, monitoring sources, types, directions and a scale of threats, responding to a created crisis situation and removing the results of a crisis situation. However, the basic task of the executive subsystem is to provide immediate assistance for people harmed and waiting for support in the situation of misfortune, danger, failure, disaster or cataclysm. The executive subsystem is widely understood rescue, evacuation and assistance in various situations in life, social, and technical situations, and other measures taken to protect and save humans' life, health and property, as well as the environment1. The executive subsystem includes: specialist services, guards, created inspections, non-governmental organizations of a rescue character2 and See: K. Ficoń, Inżynieria zarządzania kryzysowego. Podejście systemowe, Warsaw 2007, p. 259. 2 In the literature of the problem, " non-governmental organizations of an emergency nature" are also known as: non-governmental rescue organizations, social rescue 1

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citizens. Non-governmental organizations of a rescue character are a voluntary association of citizens who devote their time and work to carry out tasks connected with rescue, civil protection and assistance to victims of calamities and disasters. They do not work for profit. They are an important component of the executive subsystem, working closely with public administration bodies in the sphere of rescue and providing the population with safety. They complement the territorial distribution of professional rescue services in connection with the types of local or regional threats. Non-governmental organizations of a rescue character carry out rescue tasks under the laws scattered in various acts3, but the basic tasks were defined in the Act of 24 April 2003 on public benefit activity and voluntary work which, among others, include tasks in the sphere of:  rescue and civil protection,  protection and promotion of health,  public order and safety,  assistance to victims of catastrophes, natural disasters, armed conflicts and wars in the country and abroad. Although non-governmental organizations of a rescue character operate within rescue systems such as the National Rescue-Firefighting System, or the State Medical Rescue, they have independent organizational structures and may also independently conduct rescue operations. They also carry out the tasks going beyond the scope of rescue systems activities, for example: Mountain Volunteer Search and Rescue, Tatra Volunteer Search and Rescue are the main subjects in the area of mountain rescue and Voluntary Water Rescue Service organizations, or NGOs in English: Non-Governmental Organizations. 3 These organizations operate, inter alia, on the basis of: the Act of 7 April 1989 - Law on associations, the Law of 24 April 2003 on public benefit activity and volunteer work, the Act of 24 August 1991 on fire protection, the Act on the safety of the persons on water areas, the Act on safety and rescue in the mountains and organized ski areas.


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conducts rescue operations for people who have been injured or are exposed to the danger of losing life or health in the area of water. Therefore, non-governmental organizations of a rescue character are important rescue subjects in the crisis management system. The most important non-governmental organizations of a rescue nature include: Voluntary Fire Brigade, Voluntary Water Rescue Service, Mountain Volunteer Search and Rescue, Tatra Voluntary Search and Rescue, the Rescue System of Polish Red Cross. It is estimated that in Poland in the case of a crisis situation, catastrophe, natural disaster, help for victims can be provided by about 220 thousand social rescuers who annually participate in nearly 80 thousand actions4, so it is a potential which is an essential component of the crisis management system. Non-governmental organizations of a rescue nature have legal personality, their activity is based on voluntary work of their members, they are not dependent on the state, but in rescue actions their forces and resources are subordinated to the manger of the action. They have a diversified personal potential in terms of quantity, training, mobility, and an organizational structure. A similar situation is with rescue equipment (boats, medical, firefighting, communication equipment, vehicles and other) as well as a premises infrastructure (rescue stations, garages, etc.). Carrying out rescue tasks, they perform all the activities ranging from receiving a notification, giving a qualified first aid, carrying out rescue actions, evacuation of people being in danger of catastrophes and natural disasters, ending with transporting victims to Hospital Emergency Departments.

In order to coordinate cooperation with a volunteer rescue service at the Ministry of Internal Affairs, the Council for Voluntary Rescue has been established5. The Chairman of the Council is the Secretary of State or Undersecretary of State in the Ministry of Internal Affairs responsible for the matters of crisis and rescue management, and the Council is composed of representatives from: Voluntary Water Rescue Service, Mountain Volunteer Search, Rescue, Tatra Voluntary Search and Rescue, and other nongovernmental organizations invited by the Chairman. The Council is an advisory forum of Minister of Internal Affairs and a forum of exchanging experiences in the area of rescue operations undertaken by non-governmental rescue organizations and opinions on legislative solutions in this area, operational procedures, unification of equipment, volunteer rescuers' training, the rules of cooperation with other rescue subjects and public administration bodies or coordination of rescue operations. Voluntary Fire Service, is an association acting based on the Law of 7 April 1989 - Law on associations and the Act of 24 August 1991 on fire protection. Voluntary Fire Brigade is a uniformed unit, possessing specialized equipment, designed especially to fight fires, natural disasters or other local dangers, and its tasks and organizational structure are defined by the statute of each unit. Statutory purposes of Voluntary Fire Brigade include:  performing activity aimed at fire prevention and cooperation in this area with the State Fire Service, local government authorities and other subjects,

See: R. Grosset, Rola organizacji pozarządowych w zarządzaniu bezpieczeństwem, [in:] Zarządzanie bezpieczeństwem – wyzwaniem XXI wieku, ed. M. Lisiecki, Higher School of Management and Law, Warsaw 2008, p. 380.

5

4

Directive No. 18 of the Minister of Internal Affairs and Administration dated 4 July 2000 on the establishment of the Council for Voluntary Rescue Service at the Ministry of Internal Affairs and Administration, with further amendments.

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participation in rescue actions carried out during fires, environmental hazards associated with environmental protection, and other disasters and events,  informing the public about existing dangers of fire and environmental hazards as well as ways of protection against them,  performing tasks arising from the regulations on fire protection,  actions to protect the environment. Voluntary Fire Brigade has an important place and role in the crisis management system not only due to the performed tasks but also the potential, which is about 140 thousand volunteer firefighters and about 16.5 thousand units, of which in the framework of the National Rescue and Firefighting System, there are about 3900 units of Voluntary Fire Brigade6 and about 7800 fire trucks. According to the Directive of the Minister of Internal Affairs and Administration of 14 September 1998 on the scope, specific conditions and procedures for inclusion of fire protection units to the national rescue and fire fighting system, National Rescue-Firefighting System could incorporate volunteer fire brigades which have met certain requirements. The requirements included possessing:  at least two medium or heavy fire trucks,  trained rescuers in the number ensuring full staffing of at least two fire trucks,  an efficient communication system of notification and alerting,  communication equipment in the radio network system for the needs of rescue operations. In addition, the unit must remain in constant readiness to undertake rescue See: T. Serafin, S. Parszowski, Bezpieczeństwo społeczności lokalnych: programy prewencyjne w systemie bezpieczeństwa, Difin, Warsaw 2011, p.191. 6

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operations. Incorporating a unit of Voluntary Fire Brigade into the National RescueFirefighting System is preceded by conclusion of an agreement between the right local commandant of the district County Fire Service and an Voluntary Fire Brigade unit, which specifies in particular:  forces and means of the unit to be used in the system,  rescue tasks for units within the system,  a required number and training level of rescuers in the unit,  the way to maintain the readiness of a unit for rescue operations, in particular, in terms of: technical efficiency of fire-fighting vehicles and their equipment, rescuers' preparations for action, progress and ways of alerting the unit. It should be emphasized that the current main area of Voluntary Fire Brigade rescue, fighting fires, gradually is being transferred to other types of rescue like fighting fires and other natural disasters, technical rescue, chemical rescue, ecological rescue or medical rescue. Wider and wider incorporating Voluntary Fire Brigade into the National Rescue-Firefighting System has an influence on the above mentioned activity. In order to properly prepare volunteer firefighters to perform rescue tasks, there are organized trainings for members of the Voluntary Fire Brigade, led by the State Fire Service. The organization of the training includes basic, specialized and command training. This training includes both units incorporated into the National Rescue-Firefighting System and those not functioning in this system. The purpose of the basic training for firefighters rescuers of Voluntary Fire Service is to prepare them for efficient and safe performance of firefighting and rescue tasks, including independent performing basic operations within a host.


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However, the purpose of a specialized training is to prepare firefighters rescuers of Voluntary Fire Service to perform activities with the use of technical equipment which requires skills that go beyond the basic training, and to prepare them to give medical first aid. Acquisition of specialized skills allows them to conduct rescue operations with the use of specialized equipment, in which Voluntary Fire Service is equipped, in accordance with the type of hazards occurring in their own area of operation and the performance of rescue operations within the framework of specialized rescue groups. Command trainings are intended for commanders of the lowest level and they prepare them to command tactical units at the intervention level. They are designed for chiefs and commanders of municipal Voluntary Fire Brigade. According to the Act of 24 August 1991 on fire protection, costs of the Voluntary Fire Brigade units are covered from: the state budget, local government budgets, income of insurance institutions and their own resources. A municipality bears the costs of equipment, maintenance, training, except that run by State Fire Service, and it ensures the combat readiness of Voluntary Fire Brigade. However, the state budget participates in operating costs of these Voluntary Fire Brigade units which operate under the National RescueFirefighting System. Funds from the state budget are transferred to the Main Board of the Voluntary Fire Service Association of the Republic of Poland by the Minister of Internal Affairs based on the annually concluded agreement7. Voluntary Water Rescue Service is a specialized nationwide association, In 2013 it was 31 247 000 PLN, which was allocated, among others, for: the purchase of uniforms, fire trucks, water pumps and technical rescue equipment, and other fire-fighting equipment, organization of sports-fire fighting competitions, participation in the organization of construction and renovation of 235 voluntary fire stations. 7

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conducting rescue operations of people who have been injured or are exposed to the danger of losing life or health in the area of water. Voluntary Water Rescue Service operates under the provisions of the Act of 18 August 2011 on the safety of persons residing in the areas of water, the Act of 7 April 1989 Law on associations , the Act of 24 April 2003 on public benefit activity and volunteer work, Act of 8 September 2006 on State Emergency Medical Services and the Statute of this organization. Statutory purposes of Voluntary Water Rescue Service include8:  organizing, managing, coordinating and conducting rescue operations;  participation in or conduct of rescue operations during common threats, natural disasters or technical failures, including floods and fires in the waters;  cooperation with public administration and other subjects interested in the state defence, common security and public order as well as civil and water environment protection;  monitoring risks in terms of safety of persons residing in the areas of water and transferring this information to the proper municipal council9;  issuing expert opinions in the field of water safety, including those for the measures useful in water rescue;  providing services from the sphere of water rescue.

8

Statute of the Voluntary Water Rescue Service (a uniform text after amendments introduced on the basis of Provisions of the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court of 25 May 2012 the signature case WA.XIII NS-REJ.KRS/008369/12/413 - in connection with Resolution No. 7 of the Extraordinary Congress of the National VWRS of 26 February 2012 on amendments to the Statute of Voluntary Water Rescue Service). 9 It should be noted that under the Act of 18 August 2011 on the safety of persons residing in the areas of water ensuring safety in areas of water is the responsibility of the municipality.

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Janusz Falecki ANALYSIS OF LEGAL-ORGANIZATIONAL SOLUTIONS OF THE PARTICIPATION…

As part of rescue operations, Voluntary Water Rescue Service elements perform tasks involving, among others:  receiving a notification of an accident or hazard;  reaching the place of the accident with appropriate rescue equipment;  providing a qualified first aid;  securing the place of an accident or threat;  evacuating people from the place posing a threat to their life or health;  transporting people who have been injured or are at risk of losing their life or health in the area of water to the places where it is possible to take up the rescue by units of the State Emergency Medical Services system;  search for missing persons in the area of water10. Voluntary Water Rescue Service has a serious human potential as well as equipment possible to be used within the crisis management system in Poland. It has about 86,000 members, 96% of which possess authorized rescue and instructor qualifications in different categories. It has at its disposal specialized floating equipment capable of conducting action on water in the amount of 1,265 boats including 617 units with stern drive engines with 5 to 60 horsepower which include11: motor boats, water ski jets with a platform, hovercrafts, rowing - motorized boats and rescue canoes. Moreover, it also has equipment which enables maintaining contact with other subjects conducting rescue operations, transport means, rescuer's basic equipment and medical equipment for basic medical rescue operations.

The organizational structure of Voluntary Water Rescue Service is consistent with the administrative division of the country and the authorities and bodies of the association function at the central, provincial, field levels. At the central level the highest authority of Voluntary Water Rescue Service is National Assembly, which takes place every five years. In the period between the meetings Voluntary Water Rescue Service activity is managed by the Board of Voluntary Water Rescue Service. Between meetings of the Board of Voluntary Water Rescue Service, work of the organization is managed by the Executive Committee of the Board of Voluntary Water Rescue Service. At the head of the Executive Committee of the Board of Voluntary Water Rescue Service is the Chairman who makes decisions between meetings of the Executive Committee of the Board of Voluntary Water Rescue Service. Provincial Voluntary Water Rescue Service units operate in the area of a province and have legal personality. The highest authority of provincial Voluntary Water Rescue Service units is a general meeting of delegates or members, and in the period between the meetings the Regional Board of Voluntary Water Rescue Service. In provincial Voluntary Water Rescue Service units work Operational Groups appointed to perform the tasks of water rescue in specific conditions and to participate or conduct rescue operations during common threats, technical failures and natural disasters including flood and fires in water areas. Operational Groups of Voluntary Water Rescue Service have a diversified organizational structure and staffing from a dozen to several dozen rescuers12.

10

See: Act of 18 August 2011 on the safety of persons residing in the areas of water ( Coll. Laws of 2011 No. 208, item. 1240), Art. 13. 11 According to the state on 31.12.2012, see the source: www.wopr.pl.

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For example, the Operational Group of Lower Silesia Voluntary Water Rescue Service has about 80 members and is composed, among others, of water, medical, diving sections as well as a dog section and the Operational Group of Voluntary Water Rescue Service Płock has 19 members. 12


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In the province, field Voluntary Water Rescue Service units which have the legal personality can act with the approval of Voluntary Water Rescue Service provincial authorities. Field Voluntary Water Rescue Service units form Intervention Voluntary Water Rescue Service Groups of a similar purpose and structure as the Operational Voluntary Water Rescue Service Groups. The basic unit of Voluntary Water Rescue Service operating at the lowest level is a Voluntary Water Rescue Service team, which gathers members of Voluntary Water Rescue Service in a particular place at organizations and institutions. Tasks of Voluntary Water Rescue Service teams include, among others:  organizing help and rescue of those who have been injured or are exposed to danger of losing life or health in the water,  patrolling assigned waters,  providing first aid in accidents on land and water,  organizing temporary bathing in the places where a professional rescue service does not work,  securing mass events organized in the water or in its immediate vicinity in terms of rescue. In Voluntary Water Rescue Service there is a system of specialist trainings preparing rescuers to work in especially difficult conditions and with the use of specialized rescue equipment. Specialist water rescue involves training in the area of: rescue in fast-flowing waters (flood waters), ice rescue, water rescue using motor-boating equipment (motor boats, jet-skis), cooperation with Maritime Rescue-Searching Service or a qualified first aid. Powers and measures of Voluntary Water Rescue Service are used for rescue operations based on including them in the

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crisis management plans of the municipal and county levels. At the same time a number of agreements in the sphere of conducting rescue operations, training and collaboration with departments and institutions responsible for widely understood security were signed13. The main areas of the concluded agreements are: carrying out rescue and humanitarian operations, training, technical support, liquidation of threats to property and the environment, conducting prevention in the sphere of safety near water, or control of vessels and bathing. Mountain Volunteer Search and Rescue and Tatra Volunteer Search and Rescue are specialized non-governmental organizations of mountain rescue14. These organizations operate based on the Act of 18 August 2011 on the safety and rescue in the mountains and in organized ski areas, the Act of 18 January 1996 on physical education, the Act of 7 April 1989 law on associations and their statutes. The aim of their actions is to provide help in the mountains for people whose health or life is at risk, prevention of accidents in the mountains, protection of the mountain environment in the area where each organization operates.

These agreements include: the Agreement with SAR dated 17 October 2008, the Agreement with the Chief of Police dated 20 June 2007, the Agreement with the State Fire Service of 21 April 2006, the Agreement with the Minister of National Defence of 20 January 2003, the Agreement with the Government Protection Bureau of 27 November 2002, the Agreement with the Border Guard of 3 November 2010 and the Agreement with the Polish Association of Scuba Divers dated 29 November 2012. 14 The mountain rescue means organizing and providing help to those who have been injured or are at risk of losing life or health in the mountains and transporting bodies from the mountains. Source: The Act of 18 August 2011 on the safety and rescue in the mountains and in organized ski areas ( Coll. Laws of 2011 No. 208, item. 1241, the 2013 pos. 7), article 2. 13

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Within the mountain rescue, these organizations undertake rescue operations which, in particular, include15:  receiving a notification of an accident or another incident;  reaching the accident place with rescue equipment;  giving a qualified first aid;  securing and evacuation of people staying in the mountains from the areas which pose a threat to their life and health;  transporting people who have been injured or are exposed to the danger of losing life or health to the point where it is possible to take medical rescue operations by units of the State Medical Rescue system;  search for missing persons in the mountains;  transport of bodies from the mountains. At the same time, they may lead evacuation of people from cableways designed to transport people, secure, in the scope of mountain and ski rescue, sport and tourist events at the request of the organizer of the event, and take part in rescue operations outside the mountains with a particular consideration of natural disasters and catastrophes on the request of the competent services and crisis staffs. In terms of preventive activities, Mountain Volunteer Search and Rescue and Tatra Volunteer Search and Rescue exercise control of complying the safety conditions by people staying in the mountains, and they lead prevention activity in this respect. Their competences also include identification of hazards and applying for their removal to the managers of leisure, sports, recreation and tourism facilities and equipment, and to event organizers in the field of physical education,

recreation and sport, as well as to local authorities and managers of national parks. In case of threats to people's health and life, Mountain Volunteer Search and Rescue and Tatra Volunteer Search and Rescue are entitled to request from the organizers and managers of facilities and equipment to resign from the event or going to the mountains, and also to close the facility or equipment16. The region of Tatra Volunteer Search and Rescue operation is the area of the Tatra Mountains. According to the statute of GOPR, basic organizational units are regional groups which conduct independent activity on their territory under the terms defined in the statute. These include: Beskidzka Group, Bieszczadzka Group, Jura Group, Karkonoska Group, Krynicka Group, Podhalańska Group, Wałbrzysko - Kłodzka Group. Mountain Volunteer Search and Rescue conducts rescue operations based on 7 Central Stations, in which round-the-clock rescue shifts are performed (Szczyrk, Sanok, Podlesice, Jelenia Góra, Krynica Zdrój, Rabka Zdrój, Wałbrzych) and 37 Rescue Stations, where shifts are performed, in this 25 allyear-round stations and 12 seasonal. Rescue stations are usually located at hostels, larger ski stations and places of increased tourist traffic. Mountain Volunteer Search and Rescue employs 102 full-time rescuers who are supported by 1,345 voluntary rescuers and 204 candidates for rescuers. Polish Red Cross operates under the Act of 16 November 1964 on the Polish Red Cross and the Statute approved by the order of the Council of Ministers on 20 September 2011. In accordance with the Statute, the tasks of the Red Cross, among others, include:  providing assistance to victims and harmed people in natural disasters and catastrophes in the country as

See: the Act of 18 August 2011 on the safety and rescue in the mountains and in organized ski areas (Journal of Laws of 2011 No. 208, item. 1241, of 2013 pos. 7).

16

15

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T. Serafin, S. Parszowski, Bezpieczeństwo społeczności lokalnych: programy prewencyjne w systemie bezpieczeństwa, Difin, Warsaw 2011, p. 188.


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well as abroad, and preparing the public for appropriate behaviour in case of their occurrence,  acting for the good of people's rescue and civil protection, conducting training in this area and first aid training,  acting for the good of improving family ties broken as a result of armed conflicts, natural disasters and migration. To accomplish the mentioned above rescue tasks in the frames of Polish Red Cross, the Rescue System of Polish Red Cross was organized. It consists of Polish Red Cross Rescue Groups which are specialized in medical, road, altitude, waterdiving rescue, as well as search and rescue operations. These groups cooperate with the system of the State Medical Rescue and National Rescue-Firefighting System. In accordance with the Regulations of the Rescue Group of the Polish Red Cross, a group must meet the following conditions:  consist of minimum 10 people who have completed a qualified first aid course, in accordance with the applicable regulations,  possess rescue and logistics equipment necessary for the operation of the Group,  have a system for alerting and informing members of the Group in the event of mass events, disasters and other events,  be registered by the Board at which it operates and notified to the Central Registry of Emergency and Rescue Groups of Polish Red Cross led by the General Manager of the Board of Polish Red Cross. The aim of the Red Cross Rescue Groups is, in particular: providing assistance to victims of accidents, disasters, catastrophes, supporting professional and volunteer rescue services, premedical or

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medical security of events and mass gatherings, and disseminating first aid among the public, among others, through organization of training, lectures and demonstrations. Fixed assets and equipment which belong to the Groups are purchased with funds of Polish Red Cross, can be obtained free of charge, or on a contract of lending17. The Polish Red Cross Rescue System currently consists of 23 Rescue Groups, spread throughout the country, including 15 Groups cooperating with the State Medical Rescue system. The Groups embrace in their ranks almost 500 Polish Red Cross rescuers, including doctors, nurses, paramedics and specialists in various rescue fields. These groups are adequately trained and equipped to support professional rescue services on site of catastrophes, or during combating natural disasters. The purpose of all Red Cross Rescue Groups is to conduct comprehensive rescue operations involving giving a qualified first aid directly at the disaster site, and conduct these activities in the long term. Training a Rescue Group of Polish Red Cross is aimed at providing medical help in conditions and places where standard units of the State Medical Rescue are not able to provide it. Professional competences and qualifications possessed by the members of Rescue Groups of Polish Red Cross allow them to give their medical aid on the spot of disasters to people who were in the state of sudden life hazard. This is particularly important in situations where evacuation to a safe zone has to be postponed in time. Rescue Groups of Polish Red Cross are also prepared to conduct in the places of catastrophes and natural disasters evacuation points and points of medical assistance in case of difficulties in transporting a large number of victims to hospitals, or the need for Rules of the Rescue Group of the Polish Red Cross, Annex No.1 to the Resolution No. 72/06 of the Main Board of the Red Cross on 09.06.06. 17

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long-term care in the area of a natural disaster18. It should be noted that nongovernmental organizations of an emergency character fill niche areas of widely understood rescue, in their actions they represent an increasing level of training and they have more modern rescue equipment. In addition, a relatively large number of volunteers are interested in this type of activity, and it is even possible to observe that the number of these organizations has increased. However, despite the fact that these organizations have the potential extremely useful in crisis situations, especially during floods, the legal system in Poland does not provide for mandatory use of forces and means of nongovernmental organizations of a rescue nature within the system of the crisis management. This is realised on the basis of bottom-up initiatives which led to signing agreements between local authorities and Chairmen of local Voluntary Water Rescue Service units. Therefore, a legal unification seems to be appropriate19, preferably within the framework of revision of the Act on crisis management of the rules for participation and operation of these organizations in the crisis management system. At the same time non-governmental organizations of a rescue character, unfortunately, face financial problems, including low share of state budget funds in their current activity, not always high quality of rescue actions, or a reluctant attitude of many self-governments, and not treating them as an equal partner in the process of crisis management. Eliminating these negative phenomena would greatly improve the efficiency and effectiveness of nongovernmental rescue organizations, which See: Program Ratownictwa i Ochrony Ludności na lata 2014-2020. Draft dated 2013-12-19, pp. 13,14. 19 See also: M. Mamojka, Stabilita práva ako determinant reglementačného progresu: Míľniky práva v stredoeurópskom priestore, Bratislava: Univerzita Komenského, 2007, pp. 335-338. 18

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would have a particular importance in relation to the events of a mass nature and natural disasters. This can be achieved by harmonizing the training activity, adopting standards for equipment and rescue equipment for all those involved in rescue operations, and developing optimal funding mechanisms. Unifying training activity should be improved through developing training programs common for professionals and volunteers, taking into consideration the level of technical advancement of rescue equipment and new threats to which rescuers must respond. In the process of rescuers' training and improvement, the teaching staff from universities and training centers should be taken into account, and e-learning methods in the implementation of training programs for the staff of both professional services and non-governmental rescue organizations should be used. Training activity of rescue subjects should also be coordinated at the appropriate levels of the crisis management system, which would allow their local coordination, adaptation to existing hazards, and taking into account existing priorities of rescue activity. Improving the effectiveness of rescue services depends, to a large extent, on defining standards of equipment and rescue equipment of all the subjects participating in rescue activities, as well as modernization of equipment. Especially important is making the disparities between professional and social systems of rescue smaller. This will improve the possibilities of rescue subjects and their cooperation, but it will also generate costs. Therefore, it is necessary to identify the areas which need funding, and improve the mechanisms of financing modernization and conducting rescue operations by rescue subjects, both professional and nongovernmental. This improvement should take into account the diversity of funding sources, from the state budget, the European Union


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funds, means of the national and regional operational programs, to private means. REFERENCES: 1. Ficoń K., Inżynieria zarządzania kryzysowego. Podejście systemowe, Warsaw 2007. 2. Grosset R., Rola organizacji pozarządowych w zarządzaniu bezpieczeństwem, [in:] Zarządzanie bezpieczeństwem – wyzwaniem XXI wieku, ed. M. Lisiecki, Higher School of Management and Law, Warsaw 2008. 3. M. Mamojka, Stabilita práva ako determinant reglementačného progresu: Míľniky práva v stredoeuróp-skom priestore, Bratislava: Univerzita Komenského, 2007, pp. 335-338. 4. Serafin T., Parszowski S., Bezpieczeństwo społeczności lokalnych: programy prewencyjne w systemie bezpieczeństwa, Difin, Warsaw 2011. 5. Directive No. 18 of the Minister of Internal Affairs and Administration dated 4 July 2000 on the establishment of the Council for Voluntary Rescue Service at the Ministry of Internal Affairs and Administration.

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6. Program Ratownictwa i Ochrony Ludności na lata 2014-2020. Draft dated 2013-12-19. 7. Rules of the Rescue Group of the Polish Red Cross, Annex No.1 to the Resolution No. 72/06 of the Main Board of the Red Cross on 09.06.06. 8. Statute of the Voluntary Water Rescue Service (a uniform text after amendments introduced on the basis of Provisions of the District Court for the Capital City of Warsaw, XIII Commercial Division of the National Court of 25 May 2012 - the signature case WA.XIII NSREJ.KRS/008369/12/4137 of the Extraordinary Congress of the National VWRS of 26 February 2012 on amendments to the Statute of Voluntary Water Rescue Service). 9. The Act of 18 August 2011 on the safety and rescue in the mountains and in organized ski areas ( Coll. Laws of 2011 No. 208, item. 1241, the 2013 pos. 7). 10. The Act of 18 August 2011 on the safety of persons residing in the areas of water (Coll. Laws of 2011 No. 208, item. 1240).

AUTHOR Ing. Janusz FALECKI, Ph.D. Graduate of the school of Missile Forces and artillery in Toruń and Artillery Academy in Leningrad. He also studied defense policy at the NATO defense Collegein Rome. PhD graduate of the National Defence University in Warsaw. He was the chief of Crisis Management Branch of General Staff of Polish Armed Forces. He was responsible for coordination of participation of Polish Armed Forces in the crisis response activities in non-military crisis situations and personnel training of the Crisis Management Staff of the Ministry of National Defence Crisis Management System. He is the author of numerous publications in the field of defense, crisis management area and preparation of the Polish Armed Forces for observations, peace-support, peace-keeping and stabilization missions.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (100-105)

POSSIBILITY OF ESTABLISHING A SEPARATE PROPERTY OF PREMISES AS ONE OF THE LEGAL WARRANTY OF SOCIAL SECURITY Paulina LedwoĹ&#x201E;, M.A. Jagiellonian University

ABSTRACT The author focuses on the analysis of the separate property of premises as one of the legal warranty of social security in the legal and economic context as well as on the methods of the abolition of the co-ownership of the real estate by establishing separate property of premises. The author describes the most common ways to obtain the ownership of the premises after one has only an abstract share in the property and also points out how the right of ownership is different than the division quoad usum. ARTICLE INFO Article history Received: 04.05.2014 Accepted 02.07.2014 Keywords separate ownership, premises, property, division

INTRODUCTION Meeting the housing needs for most Poles guarantee their independence and social security. It should be remembered, however, that separate ownership of the premises does not give together with the title of ownership of the premises the complete independence, although it is still for most Poles the most desirable achievement. The issue of creation of separate ownership is therefore still alive and often discussed in legal practice. The prospect of investment focused on property of irregular legal status, effectively discouraging potential investors. The co - ownership significantly reduces the right for the common thing. In case of disagreement between the co-owners through years last problems and proceedeings related to the issue of the managing and settlements relating to expenditures and disputes arising from the 100

use of common things. Lack of regulated legal status conducive to the lack of a sense of responsibility for the common property and often causes degradation of the ownerless property. CO-OWNERSHIP OF REAL ESTATE In legal practice common phenomenon is the occurrence of co-ownership of real estate. Co-ownership exists when things have the undivided ownership of several people. Article 195 of the Civil Code1 gives the descriptive definition of ownership as right, characterized in that one and the same ownership is possessed by more than one person, whose scope can only be different because of the size of the shares in the common law. Legal literature emphasizes Act from 23 April 1964, Kodeks cywilny (Polish Civil Code), Bill of Acts 1964 Nr 16 pos. 93 with later amendments. 1


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that the nature of joint ownership determine and define the three characteristics: the unity of the subject, the multiplicity of people and the indivisibility of the common right.2 The unity of the subject is the result of the fact that the subject of the common right is the same thing, the multiplicity means that the number eligible is more than one, and at the same time neither of co-owners has the exclusive right to physically separate part of the common thing, and each of them is entitled to the whole thing. 3 In all these cases, in which there is a commonality of property (inheritance, property of the spouses), provisions on ownership apply by analogy. Joint ownership is the legal reletionship derived from the ownership, have so regulated by the provisions regarding ownership. Co-owners must decide about the destination of the common thing and together account for maintenance costs, none of them has the right to the whole thing. This results in a number of conflicts The solution to problems is to immediately exit from ownership. Co-owner is entitled at any time to exit from co-ownership, which in many respects is not a desirable state due to both legal and economic reasons. This procedure because of these reasons is an extremely complex process, as one must unravel a number of issues, e.g. settlement of expenditures, eligibility of ownership, but it is worth the money. The reasons of joint co -ownership may be different. the most common situations resulting in the co - ownership of the property are:

S. Rudnicki, Własność i inne prawa rzeczowe. Komentarz do Kodeksu Cywilnego, Warszawa 1996, p. 186. 3 H. Ciepła, Kodeks cywilny. Komentarz, t I, Warszawa 2005, p.137-138.

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a) the actual event , with which the law binds certain legal effects like prescription jointly by several inhabitants (Article 172 of the Civil Code ); b ) legal action , such as acquisition of a share in the ownership of the real estate; c ) legal provision , for example, as a result of the conversion the right of perpetual usufruct into the ownership under the Act to transform the right of perpetual usufruct ijto the right of property ownership; d) the judgment of the court; e) acquisition of inheritance by the heir, according to art. 1035 of the Civil Code , if the inheritance goes to several heirs, to the joint assets of the estate and the division of the estate , the provisions of joint ownership in fractional parts are used by analogy4; f ) marriage, along with the divorce between the spouses ceases statutory co-ownership . In contrast, on objects , including real property acquired under conjugal community with a spouse, fractional co-ownership arises; g ) the articles of association; THE DEMAND OF THE ABOLITION OF CO-OWNERSHIP Among the provisions relating to the procedure for the abolition of co-ownership there is lack of the provision constituting who is entitled to make a request including the demanding of divisi on of the co-ownership. The issue of this right belongs to the substantive law. The removal of co-ownership may be required by each of the co-owners at any time, the application may be submitted by each of the co-owners separately, several of them or all of them acting together.5 Coowner is not required to justify abovementioned decision. He can demand a

2

E. Skowrońska – Bocian, Komentarz do kodeksu cywilnego. Spadki, Warszawa 2003, p. 226. 5 M. Sychowicz, Postępowanie o zniesienie współwłasności, Warszawa 1976, p. 22. 4

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full division, even if some of the co-owners in favor of the abolition of the part of the property. This prevents domination from the the majority. Therefore, co-owner of the property, which has even minimal share in the ownership of real property, such as building, may apply for a divisi on in one of several ways , if its share is small he can demand repayment, if he is interested in obtaining the ownership of one of the premises he may require it for himself and propose repayment for the rest of the owners. The proposed division of the property should be marked on the plan prepared in accordance with the rules governing the determination of land and mortgage registers. Marking the proposed division of property on the part occurs when the trial court has already crystallized the concept of division and therefore in the final stage of the proceedings . This applies to all kinds of real estate , it is irrelevant whether the property whis is to be divided already has the land and mortgage register or it is going to be established. COMPATIBLE DIVISION If in the course of the proceedings does not come to the conclusion of a court settlement in accordance with Art. 622 § 1 of the Civil Proceedings Code the court should induce co-owners to ma king a compatible division, while pointing ways likely to bring this about. This obligation of the court is an example of fulfilling general postulate of interaction with the parties, so that in the shortest possible time effectively solve the problem. The first attempts to persuade the co-owners to agree on how to share is desirable at this stage of the proceedings in which the collected material makes it possible to present realistic proposals6.

T. Demendecki, [in:] A. Jakubecki [ed:] Kodeks postępowania cywilnego. Komentarz, Warszawa 2008, p.880.

It is recommended that the division ran as the co-owners expected, because it excludes further potential conflicts. The court may proceed the implementation of the above duties in different ways. Mostly it depends on the nature of the case, the approach of the participants, the complexity of division but also on the skills of mediation judge , his experience and ability to arbitrate. If there are no grounds to issue a decision corresponding to the unanimously application of co-owners and there are the conditions of division in nature, the court shall make this division into parts corresponding to the value of the shares of the co-owners with regard to all the circumstances in the interests of social and economic development. The differences in value are compansated by repayments. If division in nature do not object to the criteria of Art. 211 of the Civil Code and therefore there are no reasons to believe that the divisi on would be contrary to the provisions of the act or the socio economic purpose of things or that would entail a substantial change of things or a significant reduction in its value, each coowner may demand the abolition of coownership took place through the division in nature. If even one co-owner has applied for a divisi on in this way, and at the same time, this solution is possible , the duty of the court is to abolish the co-ownership in that way. 7 Where the other co-owners do not agree to grant them physically separate parts of things, the applicant may request for the assignment the property of the entire common property for the repayment of the rest. Granting each individual co-owners of the property depends on the assessment of the court , which should be the result of the

6

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M. Sychowicz, Postepowanie współwłasności, Warszawa 1976, p 62. 7

o

zniesienie


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assessment of all the meaningful circumstances, of course, one of these circumstances can be a unanimous choice of the co-owners , and so is the most common, but it is not absolutely binding for the court8. This division is supported by the fact that the co-owner has the opportunity to get this part of the property which previously belonged to him and made expenditures for it , in fact, treating it as his property - it is without a doubt one of the arguments for which the civil code so exposes the abolition of this form of co-ownership (Article 211 of the Civil Code) . The content of art. 623 Civil Procedure Code says that in the case when the property cannot be divided into physical parts, which would be proportional to the shares of the individual participants , priority to grant ownership of the entire property is entitled to the participants who possess majority of the shares. Generally, in the Polish law there is a principle that the division of the building by vertical planes is unacceptable. The buildings are in fact indivisible. This rule allows for some exceptions . According to current case law is still possible to divide the building into two parts provided synchronize this division with the division of the land. 9 The building can be divided if the dividing line runs through the wall that separates the building on a regular and single component can not be divided, if crosses the center in the building premises or building is divided into irregular parts. According to the Supreme Court if there is a situation when the division of the building into two parts would not be possible to synchronize with the division of the land on which the administrative authorities give consent , one of the resulting buildings can in part be found in the neighboring plot . The condition is to

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set the easement to the owner of the other property. Control over the admissibility of such division exercise appropriate administrative authorities. It should be stressed that the abolition of the co-ownership through the sale of common property is the ultimate solution , practiced mostly when the co-owners are not able to meet the other participants financial expectations by way of repayment, and there are no possibility of physical division10. PAYMENTS AND REPAYMENT The difference between the value of common property, granted to individual coowners compensated for by payments in cash, proportional to the value of their shares in the common property . Surcharge occurs as a result of the elimination of coownership, previous co-owner receive part of the property in nature, but with a value less than the value of his share in the common things. Payment occurs when the co-owner does not receive any part of the property under the sole ownership11 . THE ABOLITION OF CO-OWNERSHIP BY ESTABLISHING SEPARATE OWNERSHIP OF THE PREMISES In the previous legislation only a judicature accepted establishing separate ownership of the premises in the proceedings of the abolition of the co-ownership, but there were no provisions in substantive law. Currently, this problem has been precisely regulated by art. 11 of the Act on the ownership of the premises which says that the provisions on the establishment of separate ownership of the premises by agreement shall apply mutatis mutandis to court decision abolishing the co-ownership of the property. The court Ł. Dziurleja, Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Kraków 2008, p. 86. 11 M. Sychowicz, Postepowanie o zniesienie współwłasności, Warszawa 1976, p. 64. 10

Ibidem. p. 62. 9 Judgement of Supreme Court from 8th September 1975 r., III CRN 207/75, OSN 1976, no 7-8, pos. 172. 8

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may also authorize a party to conduct the necessary adaptation work. Acceptable is the division of a premises which already constituting separate property , if the premises which are the result of the division also meets the conditions of the creation of the separate ownership of the premises. 12 Thus, separate property can be a standalone premises with separate permanent walls within the building room all a few rooms intended to be permanent residence , and which together with auxiliary spaces (basement) are meeting their housing needs. It is irrelevant in what way the premises is located inside the building. It may include rooms located on different floors, as long as they are functionally separate entity. 13 The fulfillment of the conditions for premises are estimated by the authorities responsible for the architectural and construction supervision, but it is mandatory only if an agreement dividing the property concluded before a notary. The Supreme Court expressed the opinion14 that in the proceedings of the abolition of co-ownership of the property in court, the court is not bound by such certificate . In justification The Supreme Court said that, in contrast to the agreement concluded before a notary public, in court proceedings the court has the opportunity to benefit from an appropriate expert opinion that will help him to decide. The act on ownership of premises requires constitutive entry in the register of land and mortgages to create the separate ownership of the premises. The consequence of this is the fact that the agreement disposing of

premises is then permissible, but its effect will remain suspended until the entry 15. SEPARATE OWNERSHIP OF PREMISES The premises is part of the building associated permanently with the land , which on the basis of specific provisions is subject to property separate from the land. The premises can be only independent residential premises or premises for other purposes, legally separated in a separate item of property on the basis of an agreement, a unilateral act , a court decision or a contract requiring the owner of the land to build a building and establish separate ownership of premises and constitutive entry to land and mortgage register16. The subject of separate property is not a structural part of the building, as specified floor, but the premises which may Has certain components, even if they were located outside the building (garage, basement) called belonging rooms, with the ownership of the separate premises is related the issue of common property, creation of separate premises is inevitable connected with those parts of the building which are intended for use by at least two owners of individual units and to establish co-ownership of the land. QUOAD USUM AND THE DEFINITE ABOLITION OF CO-OWNERSHIP With the permanent abolition of coownership should not be confused construction temporary division to use also called as division quoad usum that only precisely determines how to use of common property by each of the joint owners on the A. Oleszko, Oświadczenie właściciela nieruchomości o ustanowienie dla siebie odrębnej własności lokalu oraz sprzedaż tegoż lokalu jako ekspektatywy, Rej 1996, no 10, p. 24. 16E. Bończyk – Kucharczyk, Poradnik dla wspólnot mieszkaniowych. Zeszyt II. Regulacje w zakresie własności lokali i nieruchomości i ich wpływ na funkcjonowanie wspólnot mieszkaniowych, Warszawa 1997, p. 8. 15

Resolution of the Supreme Court from 15th March 1989, III CZP 14/89, OSN 1990, no 2, pos. 27. 13 J. Ignatowicz, Komentarz do ustawy o własności lokali, Warszawa 1995, p. 23. 14 Judgement of the Supreme Court from 13th March 1997., III CKN 14/97, OSNC 1997, no 8, pos. 115. 12

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basis of art. 206 of the Civil Code. This form of use of the common things may apply all interested co-owners in the relevant agreement. It is not, however, division of property but the way to harmonious benefit from the property ad hoc. Abovementioned solution is only possible in relation to things divisible, so that it was possible to disjoint use by individual co-owners of physically separated parts of common things. Hence, it is possible to divide quoad usum agricultural property, the division of building (if there are not separate premises yet) . According to the case law of this legal relationship is a specific unnamed reletionship17. CONCLUSION As shown, the optimal and safest for the economic relatiosn is when the property is fully established the legal status of the owners and everyone knows what part is responsible for yourself. It should be remembered that, in accordance with the definition of co-ownership right to the property has each co-owner, but it is difficult to make investments in real estate, when one does not know you who specifically is responsible for its specified part, which can be compared to state ownership to the kind of legal limbo in which seldom are derived the real benefits of the object of common ownership, there is a sense of social security and independence.

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REFERENCES 1.

Bończyk-Kucharczyk Ewa, Poradnik dla wspólnot mieszkaniowych. Zeszyt II. Regulacje w zakresie własności lokali i nieruchomości i ich wpływ na funkcjonowanie wspólnot mieszkaniowych, Warszawa 1997. Ciepła Helena, Kodeks cywilny. Komentarz, t. I, Warszawa 2005. Dziurleja Łukasz, Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Kraków, 2008. Kodeks cywilny, Polish Civil Code, Act from 23 April 1964. Kodeks postępowania cywilnego. Komentarz, red. Jakubecki Andrzej, Warszawa, 2008. Oleszko Aleksander, Oświadczenie właściciela nieruchomości o ustanowienie dla siebie odrębnej własności lokalu oraz sprzedaż tegoż lokalu jako ekspektatywy, „Rejent” 1996, nr 10. Rudnicki Stanisław, Własność i inne prawa rzeczowe. Komentarz do Kodeksu Cywilnego, Warszawa 1996. Skowrońska – Bocian Elżbieta, Komentarz do kodeksu cywilnego. Spadki, Warszawa 2003. Sychowicz Marek, Postępowanie o zniesienie współwłasności, Warszawa 1976. Judgement of Supreme Court from 8th September 1975 r., III CRN 207/75, OSN 1976, no 7-8, pos. 172. Resolution of the Supreme Court from 15th March 1989, III CZP 14/89, OSN 1990, no 2, pos. 27. Judgement of the Supreme Court from 13th March 1997., III CKN 14/97, OSNC 1997, no 8, pos. 115. Judgement of Supreme Court from 23th January 1958 , II CR 804/57, OSN 1959 no 3, pos. 81. l

2. 3. 4. 5. 6.

7. 8. 9. 10. 11. 12. 13.

AUTHOR Paulina Ledwoń, M.A. in Law, graduate of the Faculty of Law and Administration of the Jagiellonian University in the Civil Procedure department, at present Ph.D. candidate in Faculty of Law, Canon Law and Administration of The John Paul II Catholic University of Lublin. Author of scientific articles published in both Polish and English, gains practical experience as Solicitor Trainee in the District Council of Solicitors in Kraków and as a lawyer in capital market department of Łatała i Wspólnicy sp. k. in their office in Kraków.

Judgement of Supreme Court from 23th January 1958 , II CR 804/57, OSN 1959 no 3, pos. 81. 17

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (106-114)

USE OF CRIMINALISTICS AND FORENSIC SCIENCES AT ENSURING THE POPULATION SECURITY Prof. JUDr. Ing. Viktor Porada, DrSc. dr.h.c. mult.1 Prof. PhDr. Jiří Straus, DrSc.2 1,2Vysoká

škola Karlovy Vary

ABSTRACT In paper there are well-ordered given present directions of development forensic biomechanics. The author carried out the analysis of 100 expert opinions performed since 1994 in professional field “Criminalist, subject field forensic biomechanics” in cases that were concluded by court authority. According to analysis of needs of practice and expert investigations the author gives real prediction of further directions of research in forensic biomechanics. Forensic biomechanics invokes in investigation process, particularly violent criminal acts; by expert investigation it may come to conclusion on mechanisms of criminal act, action of extrinsic force and expression to consequences of this extrinsic force. Directions of development of forensic biomechanics are given by author in following applications - biomechanics of fall from high, judgment of extreme dynamic burden of organism, biomechanical analysis of fall from stand on a ground or fall from stairs, biomechanical analysis of walk and analysis of conflict combat. These directions represent 90% of all processed expert opinion. ARTICLE INFO Article history: Received: 24.04.2014 Accepted: 08.07.2014 Key words: criminalistics, forensic science, security, biomechanics

INTRODUCTION Forensic sciences are very closely connected with criminalist as a scientific discipline and come in useful particularly as expert fields, e.g. judicial medicine, judicial psychiatry, judicial psychology, judicial sexology, forensic biomechanics, judicial engineering and forensic dentistry. In last ten years forensic biomechanics has been very intensively used at investigations. From the historical view the forensic biomechanics is relatively very young field in the forensic science system. Biomechanics was firstly very marginally used at solution of problems in criminalist in 60s and in 70s

years of last century1 there has been developed research of biomechanical applications. In the second half of 90s the forensic biomechanics systematically started to develop also at criminalist department of the Police Academy of the Czech Republic in Praha. As another forensic fields so analogically forensic biomechanics goes out of maternal field biomechanics and during the development it has been generating findings from expert practice and has been made own scientific and research base, directions of development and there are specified real During the development there was firstly used denotation „biomechanical content of criminalistic tracks“, later there was generated term „Criminalistic biomechanics“ 1

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possibilities for use of forensic biomechanics in expert activity. Forensic biomechanics profiled insofar as self-reliant field that in last years there are in investigation process asked expert opinions from field “Criminalist – specialisation forensic biomechanics” in far often extent than in past. PRESENT APPLICATIONS OF FORENSIC BIOMECHANICS IN CRIMINALISTIC Generally, forensic disciplines took out from broader scientific disciplines because to certain standard questions there were very often required judicial expert opinions. Step by step in their frame there was started to develop own research activity that has been using not only knowledge base of motherly discipline but also generalised experiences for expert activity2. The origination of forensic biomechanics we can see in two sources. On the one hand there were findings peculiar to biomechanics as maternity discipline and simultaneously generalisation of findings from expert and criminalistic practice. Forensic biomechanics is sciential field that applies biomechanics and biomechanical methods at investigation of criminalistic tracks with biomechanical content and on decode of information from criminalistic relevant event that originated as a consequence of human motion activity and that is related to investigated event. Forensic biomechanics investigates and explains this domain of criminalistics tracks that inherently contain biomechanical content, i.e. given applications give out information on muscular and skeletal form of offender or his / her motion behaviour. Forensic biomechanics has subject of investigation in common intersection of biomechanics and criminalistics. By creative way it applies investigation biomechanical methods, procedures and ways of solution of

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biomechanics to criminalistics problematic. Forensic biomechanics studies and investigates motion system and human motion behaviour that are related to criminal act and left behind criminalistics tracks that inherently contain biomechanical content. By denotation “forensic” biomechanics we meant “judicial” biomechanics then application of biomechanics in investigation and examination of criminalistic tracks3. Forensic biomechanics applies biomechanics and its cognitive methods to two important directions of investigation, namely:  criminalistic tracks with biomechanical content,  criminalistic relevant changes that originated as consequence of mechanical interaction of system “human-vicinity”. By theoretical analysis it is possible to divide several periods of forensic biomechanics development4. In this paper there will be presented own experiences with expert activity and with requirements of police commissioner entrusted by investigation. Summary of present expert practice since beginning the use of expert opinions in the field “Criminalistic, specialisation forensic biomechanics” leads to knowledge generalisation and to outlining the present direction of forensic biomechanics development. For this paper there were selected 100 opinions of specialisation “Forensic biomechanics” processed in cases that were concluded by court authority. Total number of collected opinions is sufficient great number of cases from viewpoint of mathematical statistics and enables to show how forensic biomechanics is used. In the following table there are summarised STRAUS, J. Aplikace forenzní biomechaniky. Praha: Police history, 2001, s. 17 4 STRAUS, J., VAVERA, F. Dějiny československé kriminalistiky slovem i obrazem II. Praha: Police history, 2001, s. 131 3

MUSIL, J., KONRÁD, Z., SUCHÁNEK, J. Kriminalistika. 2. přeprac. A dopl. vyd., Praha: C. H. Beck, 2004, s. 11. 2

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Viktor Porada, Jiří Straus USE OF CRIMINALISTICS AND FORENSIC SCIENCES ….

processed expert opinions from the 19942007 time period ranked according to problem5.

PROBLEMS

NUMBER OF CASES

Biomechanics of fall from high – judgement of cause by strange person, impact of extrinsic force Extreme dynamic burden of organism – usually strokes to head, judgement of question of organism tolerance, surviving the origination of fracture of cranial bones Fall from stand on a ground, fall from stairs – judgement of fall course, possibility of strange cause, causes of fall Biomechanical analysis of walk - identification of person according to walk stereotype, determination of geometric characteristics of persons Analysis of conflict combat – determination of reaction times, possibilities of strength impact, reality of protective reactions Traffic incidents – mechanical impact on traffic incident participants being inside vehicle and mechanical impact on run down person Knifing – strength impact at knifing, possibility of participation of second person, determination of force to skin transpiercing Biomechanical content of run tracks of local motion – prediction of physical tallness and of way of local motion according to leaved tracks of local motion The other – sporadic cases, e.g. person injure by casted grenade, injure of ligaments in knee at combat, shaking the child head, halter, fatal injure at jump to distance Total

43

Into survey there are included expert opinions processed by V. Karas, obtained by author from him as a gift during his life and from his inheritance and the own expert opinions. 5

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24

15 4 4 3 2 1 4

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Given table shows percentage distribution of investigated cases of two experts (Professor Karas and Professor Straus, the author). It is remarkable than in practice the investigation of biomechanical content of run tracks of local motion has not been spread in higher extent. Scientific research is very well processed in this direction, there is to disposal a lot of mathematical dependences for prediction of physical tallness from tracks in different disperse surround, but they have not been realised in practice. It is evident that there are not found out tracks of local motion, nevertheless the research of biomechanical content of run tracks of local motion instigated the identification of persons according to dynamic walk stereotype. In last 5 years the research of human local motion transforms to identification of persons according to dynamic walk stereotype. It follows obtained experiences from the use of forensic biomechanics. Biomechanics of fall from stand is very frequent application and from viewpoint of forensic biomechanics relatively well investigated application6. The current research directs in two directions. Firstly, it is experimental research that studies human body motion divided into phases at fall or jump from stand. Experimental persons jump from tower into water, their motion is recorded on film and consecutively analyses with time sampling 40 ms. There is studied the motion of centre of gravity of body and rotation of individual axes of body7. The second research direction is aimed to analysis of criminal cases. We cumulate well documented real cases at which fall of victim was happen,

STRAUS, J. a kol. Biomechanika pádu z výšky. Praha: PA ČR, 2004. 7 Experimentally there were tested falls of body to rescue fire fighter canopy, falls of human body model or scale body model. Falls of persons to swimming pool showed as optimum. 6

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e.g. documented suicides, murders, unfortunate events. By assembling and comparison of biomechanical values at experiments and real cases we have sufficient material for real programming and analysis of fall of human body from stand. For reconstruction of biomechanics of fall of human body from stand we created the PC program “Virtual Crash3”, that allows to simulate the human body fall in 3D space according to given input parameters. This lucidly allows very to reconstruct individual variants of fall differentiating three cases, e.g. variant of active jump, unfortunate event (sliding) or variant of active outer force (pushing by other person). Model approach for solution, e.g. biomechanics of falls, is always limited because object is biological system that in some situations need not behave as multilateral mechanisms of relatively stiff elements. Therefore, in this direction we perform broad comparison of experimental data and analysis of well documented criminal acts. According to own experiences the biomechanical analysis of fall from stand enables to solve questions of following type: 1. Was fall form stand spontaneous, without attached outer forces, i.e. does person fall without strange cause, without pushing out, possible without own rebound? 2. Was vice versa fall caused and impact affected by outer forces, i.e. does person rebound or was person pushed out? 3. Is it possible to calculate the size of affected outer force in moment of loss of contact? 4. Does distance of body landing from vertical line correspond to probable height of fall?

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5. In case that person rebounded is it possible roughly to calculate size of vector of velocity of rebound? 6. Is it possible according to fall and landing to judge on suicide jump or unfortunate event or intentional pushing out by second person? Extreme dynamic burden of organism represents a situation, in which attacker assails victim with a stroke by fist, stone, hammer, baseball bat or by another solid thing. The most often the attack is directed to head of victim because brain is livingly important organ. In case of these biomechanical analyses it is taken into account the judgement of organism resistance, its tolerance to outer loading. Forensic biomechanics enables precise quantification of organism tolerance to outer loading, it is possible to calculate what stroke leads to bruise of brain tissue, bound fracture and by that detection of reality if assailed person died immediately or a certain time person lived on and theoretically it was possible to rescue him / her8. Principally it is important to determine and to quantify the boundary important for surviving at mechanical extreme loading the head of victim. Also for variant of calculation of dynamic loading the head of human body from stand we compiled the PC program “IMPACTHEAD” that allows simulation and calculation of critical values of tolerance of organism resistance, shock component of force for origination of fracture of cranial bonds, origination of unconsciousness or destruction of brain tissue. The PC simulation in the 3D space goes according to input parameters. In this direction of application it is possible to solve the following questions:

STRAUS, J. Biomechanika tupého poranění organismu. Praha: PA ČR, 2000; STRAUS, J., Tolerance lebky a mozku na vnější mechanické působení. Soudní inženýrství, 18, 2007, č. 1, s. 42-49 8

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1. Biomechanical description of motoric behaviour at which injury of impaired person originated. 2. How great force and energy originates at stroke and whether person is capable to produce it, whether it corresponds to description of motoric behaviour? 3. Whether values of outer loading are capable to cause founded injury in domain of head. 4. To express to boundary of organism tolerance to outer loading. 5. To judge ways of physical attack of injured person. 6. From viewpoint of biomechanics to express to probability of course of physical conflict (attack) of accused person and injured person. 7. To express to number of strokes to head, eventually to body. Research in this direction enables very precisely to describe behaviour of human body and its parts to outer loading and quite precisely to quantify the organism tolerance9. Fall from stand on a ground, fall from stairs. Falls from stand on a ground are relatively frequent biomechanical problem. From the viewpoint of biomechanics we distinguish three sorts of incidents at walk, that lead to falls. It is sliding, tripping and stumbling with followed fall. In biomechanical literature there are these three kinds of incidents described and clearly distinguished not only according to way of origin but also according to determining step – direction of fall, distance of landing from origin of fall,

STRAUS, J. Balance of Mechanical Energy at External Head Impact. Research Papers: Criminalistic and Forensic Examination: Science, Studies, Practice. Vilnius 2007, s. 169-173; STRAUS, J., PORADA, V. Forensic Biomechanical Application in Criminalistic. Forensic Science International. Volume 169, Supplement 1, 2007, s. 40 STRAUS, J. Balance of Mechanical Energy at External Head Impact. Research Papers: Criminalistic and Forensic Examination: Science, Studies, Practice. Vilnius 2007, s. 169-173 9


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place of body landing, final position or orientation of body and nature and extent of injury. This detail information must be indepth founded for objective judgement of course and cause of fall. Given sort of falls is frequent at two age different groups. Often it is detected at young teenagers as a consequence of fall of skating on-line skates or skateboard and at old people who trip as a consequence of bad motoric and co-ordination of motions at walk. In criminalistic there are also important cases at which attacker pushes a victim, it falls and injures and it is important to judge it fall of attacked person was in direct consequence of stroke or if it originated as a secondary phenomena. Biomechanics of fall from stand on a ground and falls from stairs enables to solve according own experience the following questions: 1. From viewpoint of biomechanics to judge mechanisms of fall. 2. If fall was spontaneous without attached outer forces (i.e. strange cause – pushing). 3. Was landing caused by action of outer force? 4. Whether described injuries could be caused by spontaneous fall without participation of second person. 5. Whether it takes into account action of outer force of second person. 6. In case of participation of other person to express to size and direction of action of force. 7. Whether mechanisms of injury corresponds to given explanation. Biomechanical analysis of walk is very perspective application. Problems of identification of persons according to walk is not new matter (the first application has been

11

appeared since beginning 90s10), it is very interesting domain, particularly for its application in domain of security. At present the research connected with identification of person according to dynamic stereotype of walk very intensively studied abroad11 and also in the Czech Republic12. In comparison with other biometric identification methods the identification according to walk ha many advantages. One of them it is reality that shots taken by video camera used for identification may be recorded at relatively low recognition. From this it follows that observation may be performed from relatively great distance without person might know that he / she is monitored, i.e. the identification according to walk is non invasive characteristics. It is also more heavy suppress the walk in comparison e.g. face because humans need to move. These characteristics make up from identification according to walk relatively attractive biometric characteristics.

Grounds of identification of persons according to walk established JOHANSSON (JOHANSSON, G. Visual motion perception. Scientific American, (232):76–88, 1975.) in his experiments with display of light points (in literature denoted as the PLD). His experiments proved capability of persons to distinguish another person according to way of walk only on the basis of observation of 2D curves created by fixing bulbs on persons. 11 NIXON, M. S., et. al. Automatic Gait Recognition, In: A. K. Jain, et al. Eds., Biometrics: Personal Identification in Networked Society, pp 231-250, Kluwer, 1999; NIXON, M.S.. CARTER, J.N.NASH, J.M HUANG, P.S. CUNADO, D. Stevenage, S.V. Automatic gait recognition. In Motion Analysis and Tracking (Ref. No. 1999/103), IEE Colloquium on, pages 3/1–3/6, 1999; NIXON, M.S., TAN, T.N., CHELLAPPA, R. Human Identification Based on Gait. Springer-Science+Business Media Inc., 2006; ABDELKADER, C. B., CUTLER, R., NANDA, H., DAVIS, L. EigenGait: Motion-Based Recognition Using Image SelfSimilarity, LNCS 2091, 2001, pp 289-294; LYNNERUP, N, VEDEL, J. Person Identification by Gait Analysis and Photogrammetry. J. Forensic Sci., 50, 1, s. 112-118. 12 STRAUS, J., JONÁK, J. Lokomoce člověka z hlediska forenzní biomechaniky. Pohybové ústrojí, 11, 2004, č. 1-2, s. 130-131; STRAUS, J., JONÁK, J. Je možné identifikovat osobu podle pohybového projevu lokomoce ? Policajná teória a práx. 3, 2005, s. 109-120 10

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Viktor Porada, Jiří Straus USE OF CRIMINALISTICS AND FORENSIC SCIENCES ….

Disadvantage of identification of person according to walk is fat that even though each person has theoretically unique walk under ideal conditions, the change of conditions (e.g. clothing, light conditions, angle of camera or even velocity of walk) may cause more deviations at one person then between two different persons, moreover humans can intently change the way of walk. These circumstances lead to discussions how precise identification according to walk may be. Identification features performed at the Police Academy of the Czech Republic confirm the fact that dynamic stereotype of each person is unique and it is possible to identify person according to walk. Research findings allow apart from individual identification of person to calculate some supplementary characteristics as it is e.g. person tallness. It was published many studies using different parameters with different results. Some of these methods are relatively time consuming and require storing and analysis of many data. With regard to own experiences the bodies active in criminal action require the answer to the following questions: 1. To calculate tallness of person, pertinently bulky characteristics of person. 2. To carry out individual identification of person. Further there will be given main aiming of other applications of forensic biomechanics and nearer subject of investigation according to own experiences and findings consulted with police commissioners. Analysis of conflict combat is used in cases in which there is physical attack of person, affected person and attacker present different version of course of physical conflict and by expert investigation there is evaluated question dealing with possible courses of movements. It is most often the judgement of reaction times of motoric behaviour and velocity of stroke performance, head turning away, speed of defensive reactions etc. In 112

these cases it is necessary to take into account to possible training the participants in fight, whether push was from guard position, with preparation, without preparation etc. Traffic incidents use the biomechanical investigation at assessment of mechanical action on traffic incident participants inside vehicle and mechanical action on sour persons. By expert investigation it is possible to express to position of persons inside vehicle during the traffic incident, determination of critical bump velocity and origination of injury of persons and to their possible fasten by safety belts. E.g. at bump of vehicles it originates injury of persons and by biomechanical investigation it is possible to express whether driver or co-driver were fasten by safety belts. Knifing is also relatively frequent. Biomechanical analysis investigates size of force that must be produced at stab, next possibility of participation of another person and expression to active action at stab. Biomechanical content of run tracks of local motion is really very low used application, even though theoretical findings are very prosily processed. In own practice there was solved only one case of prediction of tallness of offender and of way of local motion according to leaved tracks in ploughed land. The other are single cases and sometimes too curious, e.g. injury of person by thrown grenade (pupil throw grenade at class of physical education and injured teacher), injure of ligaments in knee at combat, contusion of child brain at its shaking (father shake with child with intent to knock out the bead from respiratory path, consequence – intracranial bleeding of child), hanging (judgement of motion behaviour of felo-de-se at hanging on tree branch), fatal injure at jump to distance (pupil at athletic event unhappily bounded at concrete margin of pit and injured liver, biomechanical judgement solved variant if pit was from soften material) etc.


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CONCLUSION Performed analysis of expert opinions from field “Criminalistic, specialisation forensic biomechanics” enables real judgement of present directions of development of forensic biomechanics in criminalistic according to experiences of expert practice. In paper it is analysed set of cases compiled by two experts, for which there is expert opinion from field “Criminalistic, specialisation forensic biomechanics”. It is evident that problems of forensic assessment of falls and local motion are substantially multifarious with possible interference of different psychomotoric influences that can proper fall mechanics modify. According to analysis of expert opinions there is possible to determine per cent distribution of cases solved by two experts (professor Karas and author) on the basis of 100 real closed cases. Practical application of forensic biomechanics in criminalistic are according to own experiences in following directions – fall biomechanics (43%), judgement of extreme dynamic loading the organism (24%), biomechanical analysis of fall from stand on ground or fall from stairs (15%), biomechanical analysis of walk (4%) and analysis of conflict (4%). These directions represent 90% of all processed expert opinions. According to practical experiences it is possible to assume that given used directions will also in future develop and determine research trends. At the end it is necessary to remark that opinions given in paper presenting the outline of directions of development of forensic biomechanics in criminalistic in the Czech Republic, were drawn from own experience and expert practice and also from Professor Karas expert practice. Discussion to given trends and possible specification and supplement will be very useful for further development. Degree of cognition of new

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ideas and theories only originates in conflicts of opinions and in correct scientific discussion. REFERENCES 1.

2.

3. 4. 5. 6. 7.

8.

9. 10. 11. 12. 13. 14. 15. 16.

ABDELKADER, C. B., CUTLER, R., NANDA, H., DAVIS, L. EigenGait: Motion-Based Recognition Using Image Self-Similarity, LNCS 2091, 2001, pp 289-294; BHATNAGAR,D. P., THAPAR, S. P., BATISH, M. K. Identifiation of personal height from the somatometry of the hand in punjabi males. Forensic Science International, 24,1984, pp. 235247 JOHANSSON, G. Visual motion perception. Scientific American, (232):76–88, 1975. KARAS, V. Biomechanika pohybového aparátu člověka. Praha: UK, 1978 LYNNERUP, N, VEDEL, J. Person Identification by Gait Analysis and Photogrammetry. J. Forensic Sci., 50, 1, s. 112-118. MUSIL, J., KONRÁD, Z., SUCHÁNEK, J. Kriminalistika. 2. přeprac. A dopl. vyd., Praha: C. H. Beck, 2004. NIXON, M. S., et. al. Automatic Gait Recognition, In: A. K. Jain, et al. Eds., Biometrics: Personal Identification in Networked Society, pp 231-250, Kluwer, 1999; NIXON, M.S.. CARTER, J.N.NASH, J.M HUANG, P.S. CUNADO, D. Stevenage, S.V. Automatic gait recognition. In Motion Analysis and Tracking (Ref. No. 1999/103), IEE Colloquium on, pages 3/1–3/6, 1999; NIXON, M.S., TAN, T.N., CHELLAPPA, R. Human Identification Based on Gait. SpringerScience+Business Media Inc., 2006; PORADA, V. Teorie kriminalistických stop a identifikace. Praha: Academia, 1987 ROBBINS, L. M. Eastimating Height and Weight from Size of Footprints. Journal of Forensic Sciences, 1986, 31, 1, pp. 1056-1071 STRAUS, J., JONÁK, J. Lokomoce člověka z hlediska forenzní biomechaniky. Pohybové ústrojí, 11, 2004, č. 1-2, s. 130-131, STRAUS, J., JONÁK, J. Je možné identifikovat osobu podle pohybového projevu lokomoce ? Policajná teória a práx. . 3, 2005, s. 109-120 STRAUS, J. a kol. Biomechanika pádu z výšky. Praha: PA ČR, 2004. STRAUS, J. Biomechanika tupého poranění organismu. Praha: PA ČR, 2000 STRAUS, J., Tolerance lebky a mozku na vnější mechanické působení. Soudní inženýrství, 18, 2007, č. 1, s. 42-49

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Viktor Porada, Jiří Straus USE OF CRIMINALISTICS AND FORENSIC SCIENCES …. 17. STRAUS, J. Aplikace forenzní biomechaniky. Praha: Police history, 2001 18. STRAUS, J., VAVERA, F. Dějiny československé kriminalistiky slovem i obrazem II. Praha: Police history, 2001 19. STRAUS, J., PORADA, V. Forensic Biomechanical Application in Criminalistic. Forensic Science International. Volume 169, Supplement 1, 2007, s. 40.

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J

20. STRAUS, J. Balance of Mechanical Energy at External Head Impact. Research Papers: Criminalistic and Forensic Examination: Science, Studies, Practice. Vilnius 2007, s. 169-173 21. ZACIORSKIJ,B.M., ARUJIN,A.S., SELUJANOV,V.N. Biomechanika dvogatělnogo aparata čeloveka. Moskva: Fizkultura i sport, 1981, s. 78 - 89.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (115-120)

LINGUISTIC COMMUNICATION IN THE PERSPECTIVE OF POLITICAL INVECTIVE Malwina Dankiewicz, M.A.1 Radosława Rodasik, M.A.2 Aleksandra Skórzak, B.A.3 1,2,3 Jagiellonian

University

ABSTRACT . The paper presents the problem of verbal aggression in the public space, especially in politics, in the context of security culture. The concepts of social communication, including interpersonal and political, and verbal aggression were defined. The sources of aggressive language in political life, the specificity of political invective and linguistic means for insulting political opponent were presented. There were described the social and ethical consequences of using aggressive linguistic means against a political opponent and writing the brutal verbal fight in the ritual of governance. The problem of habituating to the inappropriate linguistic behavior in public space and its influence on young people was emphasized. ARTICLE INFO . Article history Received: 08.05.2014 Accepted: 14.06.2014 Keywords communication, verbal aggression, political invective, security culture

Communication is a term of many definitions. To communicate is usually understood as a transmission – that is an information transfer in a very broad meaning (idea, emotion and skill transfer). Communication is also comprehension – a process, whereby we understand others and try to be understood by them, in other words a process whereby two people reach the same thoughts and feelings. Communication might be also understood as an effect, all the means used to influence one person by another or use of signs and symbols to exercise power. It can also be defined as connecting – a process that connects non-continuous parts of our living surroundings or creating a social integrity of individuals by using language or signs - but also as a social interaction by means of symbols, an exchange of meaning

between people possible equally to their common observations, desires and attitude. Communication is also specified as a part of a social process – communicative act is a mean by which the group standards are expressed, social control is applied, roles are assigned, coordination of efforts is accomplished, expectations are revealed and the entire social process is transferred.1 Social communication is "a process of creation, transformation and transfer of information between individuals (interpersonal communication), groups or social organizations. The purpose of social communication is forming, modification or change of knowledge, T. Goban-Klas, Media i komunikowanie masowe. Teorie i analizy prasy, radia, telewizji i Internetu, Wydawnictwo Naukowe PWN, Warszawa 2009, pp. 42-43. 1

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Malwina Dankiewicz, Radosława Rodasik, Aleksandra Skórzak LINGUISTIC COMMUNICATION…

attitude and behavior accordingly to interests and values of recipients and addressers."2 Interpersonal communication is "a process of information transfer between two people or a small group of people that results in a specific actions and feedback"3, whereas political communicates is "a space, on which meet various views and standpoints of three groups of actors that have rights to public expression in political issues". Those actors are politicians on the one hand, and public opinion on the other. In between there is a third group – journalists.4 Verbal aggression is a linguistic action by which addresser express negative feelings towards recipient and depreciate him at the same time. It manifests in a negative emotional statement evaluating recipient (his actions, skills, and attitudes) and in assessment of the whole of actions rather than exact acts and their results, hence the aggressive statement usually is a negative assessment of everything that concerns the recipient.5 According to I. Kamińska-Szmaj verbal aggression is unloading anger, indignation, irritation and other negative emotions towards surroundings as a result of hostile attitude. Acts of speech that are a manifestation of verbal aggression are i.a.: insult, affront, indignity, depreciation, ridicule and curse. The purpose of using them in a communication is humiliation, abasement, dignity violation of person, who causes hostile emotions or is treated by the addresser as a

R. Smolski, M. Smolski, E.H. Stadtmüller, Komunikacja społeczna, [w:] Słownik encyklopedyczny. Edukacja obywatelska, Wydawnictwo Europa, http://leksykony.interia.pl/haslo?hid=175011 (08.04.2014). 3 W. Głodowski, Komunikowanie interpersonalne, Wydawnictwo Hansa Communication, Warszawa 2006, p. 25. 4 L. Sobkowiak, Komunikacja polityczna, [in]: Studia z teorii polityki, A. W. Jabłoński and L. Sobkowiak (eds.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 1996, p. 165. 5 H. Satkiewicz, Językowe przejawy agresji w mediach, [in]: Język w mediach masowych, J. Bralczyk and K. MosiołekKłosińska (eds.), Upowszechnianie Nauki - Oświata "UN-O", Warszawa 2000, pp. 28-33. 2

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perpetrator of unpleasant feelings and states6, what has an impact on the interlocutors' sense of security.7 Verbal aggression according to the classification of M. Peisert is divided into: explicit aggression (direct) and implicit (hidden). Explicit verbal aggression consists on expressing in a direct manner negative content towards recipient by using demeaning vocabulary, but also neutral, e.g. generalization ("you always", "you never...") or speaking in a raised voice. Implicit form of verbal aggression towards recipient can be displayed as a gossip, slander, aspersion or other defaming linguistic actions. It can be expressed in a neutral statements including hurtful and depreciative content, e.g. irony, joke or false compassion. It can also take a form of an implied aggression that cannot be recognized from the content of a message, but concludes of an analysis of context and situation in which the act of a linguistic communication is taking place. An attack on other person’s image, causing her mental discomfort, is created by using linguistic and morphological measures or emotional syntax. Among frequently used stylistic measures are: irony, derision, sarcasm and mockery. An audible aggression signal is harsh, directive, raised voice, often rising into scream.8 Verbal aggression in public life is directed into specific person or a group and its aim is to dominate or to make a person or a group disappear from the political scene or at least to confine its range of influence. It serves political or ideological purposes, so it’s rarely an impulsive reaction, caused by uncontrolled anger. The aggressor is not only up to using disqualifying terms, but also causing hatred; to make the object of aggression being negatively rated by others and the addresser being I. Kamińska-Szmaj, Agresja językowa w życiu publicznym. Leksykon inwektyw politycznych 1918-2000, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2007. 7 J. Piwowarski, Fenomen..., op. cit., pp. 41-45. 8 M. Peisert, Formy i funkcje agresji werbalnej. Próba typologii, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2004, p. 31. 6


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rated better than recipient; to make an impression that recipient deserves an insult and that addresser negatively assesses recipient in everyone’s best interest; also to explain different kinds of repressive actions. 9 According to I. Kamińska-Szmaj the sources of verbal aggression in political life should be searched in the ideologies that are based on hatred towards others; ideologies created in the times of changes and revolutions, when hatred is focused on those from whom the power was taken; in the strategy taken by politicians, consisting of creating themselves as fighting against evil – political opponent – and in instinctive actions focused on the fight for the leadership (of politicians who treat politics as a war, not a competition).10 In a public discourse, particularly in politics, language of aggression is commonly used in a form of invective. An invective described as a verbal insult (impairment somebody’s dignity, insult, violation of norms, rules and values or offense against them), invective (offensive word directed to somebody, epithet, affront, demeaning word) or indignity (dishonor, serious insult). An invective is a statement that is: scurrilous, scornful, disdainful, belligerent, sarcastic, ironic, offensive, abusive, defaming, hurtful, disgraceful, slandering, vilifying, irreverent, humiliating, degrading, discreditable, depreciative, discrediting, stultifying, mocking, derogating, disparaging, jeering and scoffing.11 A specific type of invective is a political invective – one of the most commonly used tools of communication in modern politics. It is an intentional verbal act, public and concerning members of political scene, expressing negative emotions of addresser towards a person, group of people or organization, ideology and/or evaluating somebody (something) M. Głowiński, Mowa agresji, [in]: Człowiek i agresja, Ł. Jurasz-Dudzik (ed.), Wydawnictwo Sic!, Warszawa 2002, pp. 259-272. 10 I. Kamińska-Szmaj, Agresja..., op. cit. 11 Ibidem. 9

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negatively using lexical measures functioning in an awareness of certain social community as offensive, that is breaking acknowledged language and cultural rules, or by linguistic measures marked axiologically and/or emotionally, that receive negative characterization only by verbal and communicative context (political, socio-historical).12 Communication language based on political invective threatens social security and safety culture. As J. Piwowarski stated: “1. Phenomenon of security is for a certain individual or collective entity:  desired state without danger or state of satisfying level of control over the threats to the existence of this entity;  value that meet our needs of lack (basic needs) an higher needs (needs of development – i.e. metaneeds) with selfrealization at the top of the hierarchy of needs;  process of development, which is a metaneed that allows for personal and social increase of the potential that rises selfdefense of security subject;  social construct that is a result of social bond, interdependence, and interactions in certain human collectivity, which is one of subjects of security. 2. Security culture of any specified individual or collective entity is a phenomenon that enables to accomplish following objectives:  efficient control over possible threats to certain entity, which results in an optimal state of danger to this entity (in certain time and place);  restoring security of certain subject when it was lost;  optimization of levels of multi-sectorally formed and examined process of development of security subject, which aims to harmonization of sectors in the context of prioritizing goals of the entity; 12

Ibidem.

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 efficient stimulation of consciousness of higher need in both social and individual scale – i.e. the need of self-fulfillment and creation of trichotomous development – a) mental, b) social, and c) material due to supporting beliefs, motivations and attitudes that cause individual and collective actions, which have influence on the increase of potential of autonomic defense (self-defense) of individual and group subjects of security.”13 It follows from the above definitions that political invective can be classified as one of the factors affecting sense of security. There are many linguistic ways to offend political opponent.14 For this purpose one can use primarily (systemically) evaluative vocabulary (conventionalized lexical measures). Using such words is basic and the easiest, nonrequiring high-level linguistic skill, way of affronting, insulting somebody or something. To the most commonly used in political language means belong: names of people of low intellectual and moral level, names of dangerous groups or communities, adjectives negatively evaluating character trait, intellectual level, and predispositions to hold certain public roles, ridiculing appearance, physical disability, manner of acting and speaking and verbs defining blameworthy actions of the opponent. The next category of the measures is connotatively evaluative vocabulary. Those are words secondarily evaluative, which meanings are formed under the influence of the moral system, knowledge and beliefs of the certain community in regards of the designation defined under that name. In a political language negative connotations are activated by: putting the words in purposely chosen contexts, putting surnames of the politicians in negatively evaluated row, referring to stereotypes and J. Piwowarski, Fenomen bezpieczeństwa. Pomiędzy zagrożeniem a kulturą bezpieczeństwa, Kraków 2014, pp. 20-21, 44-47. 14 Ibidem. 13

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stereotypical traits given to certain names (pejorative overtone is given by the opposition "one’s own – stranger" or referring to ethnics stereotypes), using the vocabulary from the animal kingdom in reference to humans and their actions, using the names of diseases in reference to phenomenon of political scene, intercepting words from colloquial Polish and putting words in an intertextual space, e.g. biblical. Another category is vocabulary derivative from base words of negatively evaluative (systemic and connotatively) meaning. Those are mostly names of representatives of some traits, doers of the activities, names of the activities and names of abstract features. Among morphological measures commonly used is variety of flectional forms and nonpersonal form instead of masculine personal form, names of politicians are used in plural, diminutive suffixes are added to bases words, that are not suitable for such changes, as an expression of contempt, attempt at ridicule and diminishing someone's value. The expressive formatives are used to give the words pejorative and/or ironic character, derivatives are being created from the abbreviations of parties or organizations’ names, different types of derivatives are being created from the names of people present on the political arena, expressive onomastic derivatives with foreign suffix, word-formative (ironic and malignant) transformation of politicians’ names and surnames, expressive compounds, symphysis and contaminations (hybrid of two names). Another category includes phrasal verbs and their modifications. They are being created intentionally, they reveal negative evaluation of the opponent by deliberate transformation, expanding (completing) fixed affiliations, replacing stylistically neutral words with those of negative marking or by creating new connections disseminated in political communication. Commonly used are also combination (assemblage) of highly negative evaluation (sys-


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temic and connotative). Stylistic device called hyperbole is used to express strong feelings and to create the enemy with exaggerated negative features, very dangerous, despicable and blameworthy. The last category are visuals, such as the use of the ironic quotation marks, as well as the recall of negative meanings through the use of uppercase and lowercase letters and separable and inseparable spelling (creating neologisms). Described procedures are commonly used in political and media debates. SUMMARY Verbal aggression in a public space, including politics, is an ethical and social problem. It is connected to confrontational attitude and favors uniting against “common enemy”, preventing agreement for common good. It’s one of the causes of the decline of deeper reflection over reality, criticism based on in-depth analysis of the phenomenon, because it doesn’t allow doubt and consideration, being based on impulsive emotional reactions and a need of fast achieving goals. It indicates a lack of knowledge of other action strategies, and thus a limitation of people who use it. In a consequence, an aggressive discourse clearly impoverishes and shallows the reception of reality, what influences social life and as a result – life of every citizen. Verbal aggression, such as political invective, through being wide-spread in the statements of public personas in media, starts to be noticed as a normal linguistic act, and less frequently as an impropriate behavior. Social acceptance for verbal aggression increases which seems to be a dangerous phenomenon that should be stopped. Particularly large influence it has on young people who learn social behavior (including linguistic) by observing and imitating adults, as well as those seen in

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media.15 The way of using language to refer to each other, to express emotions, to unload emotional tension, to argue and express critical opinions is based on the way of communicating by public personas, then passing to everyday life and interpersonal communication of everyday people. The way of communication is not only based on attitude and behavior of others but also creates it. If we assume that effective communication is the foundation of social life, then a positive change of behavior in the communication process may directly contribute to improving the efficiency of public institutions functioning, and thus the functioning of individual citizens. REFERENCES 1. W. Głodowski, Komunikowanie interpersonalne, Hansa Communication, Warszawa 2001. 2. M. Głowiński, Mowa agresji, [w]: Człowiek i agresja, Ł. Jurasz-Dudzik (red.), Wydawnictwo Sic!, Warszawa 2002, s. 259-272. 3. T. Goban-Klas, Media i komunikowanie masowe. Teorie i analizy prasy, radia, telewizji i Internetu, Wydawnictwo Naukowe PWN, Warszawa 2009. 4. I. Kamińska-Szmaj, Agresja językowa w życiu publicznym. Leksykon inwektyw politycznych 1918-2000, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2007. 5. Z. Majchrzyk, Z., O języku agresji, [w]: Wybrane problemy komunikowania się i komunikacji w zjawiskach patologii społecznej, A. Wolska (red.), AMP Studio Paweł Majewski, Szczecin 2002, s. 41- 58. 6. M. Peisert, Formy i funkcje agresji werbalnej. Próba typologii, Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2004. 7. J. Piwowarski, Fenomen bezpieczeństwa. Pomiędzy zagrożeniem a kulturą bezpieczeństwa, Kraków 2014, pp. 20-21, 44-47. 8. H. Satkiewicz, Językowe przejawy agresji w mediach, [w]: Język w mediach masowych, J. Bralczyk i K. Mosiołek-Kłosińska (red.), Upowszechnianie Nauki - Oświata "UN-O", Warszawa 2000, s. 28-33.

Z. Majchrzyk, Z., O języku agresji, [in]: Wybrane problemy komunikowania się i komunikacji w zjawiskach patologii społecznej, A. Wolska (ed.), AMP Studio Paweł Majewski, Szczecin 2002, pp. 41- 58. 15

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Malwina Dankiewicz, Radosława Rodasik, Aleksandra Skórzak LINGUISTIC COMMUNICATION… 9. R. Smolski, M. Smolski, E.H. Stadtmüller, Komunikacja społeczna, [w:] Słownik encyklopedyczny. Edukacja obywatelska, Wydawnictwo Europa, http://leksykony.interia.pl/haslo?hid=175011 (08.04.2014).

10. L. Sobkowiak, Komunikacja polityczna, [w]: Studia z teorii polityki, A. W. Jabłoński i L. Sobkowiak (red.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 1996.

AUTHORS Malwina Dankiewicz, M.A., graduate of the Faculty of Psychology of the Jagiellonian Univesity, at present Ph.D. candidate in Psychology of the Jagiellonian University. Radosława Rodasik, M.A., graduate of the Faculty of Polish Philology of the Jagillonian University, at present Ph.D. candidate in Linguistic of the Jagiellonian University. Aleksandra Skórzak, B.A., graduate of the Faculty of Polish Philology of the Jagiellonian University, M.A. candidate in of the Faculty of Polish Philology of the Jagiellonian University

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THEORY OF SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (122-131)

dreams and INTRODUCTION TO THE THEORY OF SECURITY dr hab. inż. Jarosław Prońko, prof. SGSP Szkoła Główna Służby Pożarniczej (The Main School of Fire Service)

ambitions accomplishment. By influencing particular elements of surrounding world, they try to take the opportunities and minimize the threats. However, because of very Modest individual capabilities, the

ABSTRACT The article contains the base of theory of security based on of humanistic sociology. The main elements are: the definitions of basic concepts (security, danger, crisis), the determinants of personal security, strategies of creating security in the dimension personal, social and organizational. The proposed definition of security appears to considerably regroup and arrange knowledge in the field of security, stimulate in a new way the understanding of the notion of security, provides foundation for quantitative and qualitative research and in some measure allows for mathematisation of this field of knowledge. ARTICLE INFO Article history Received: 04.05.2014 Accepted: 30.06.2014 Keywords security, danger, crisis, theory of security, management of security

ASSUMED METHODOLOGY The issues of security are present in all areas of study and human activity. So widespread an interest in them is brought about by the psychological process of decision making1, essential part of which, in relation to risk taken, comprise the processes of anticipated actions effectiveness assessment. A degree of certainty of accomplishing one's own ambitions and dreams is nothing but a security level for days to come. Therefore, security is a state of confidence, lack of threat, peace2. Every human-being's endeavors are determined by environmental and social surroundings, in which they notice opportunities and threats affecting their See, J. Kozielecki, Psychologiczna teoria decyzji, Warszawa: PWN, 1975, p. 57. 2 See, Uniwersalny Słownik Języka Polskiego, PWN, ONLINE access: www.pwn.pl, as of 10 August 2009.

majority of dreams and ambitions are accomplished in cooperation with other people. Every type of cooperation predisposes certain arrangement which is indispensable in order to achieve a satisfactory effectiveness of action. Arrangement and the purpose it serves are the basic attributes of every organization, society and social groups included. The above determinants suggest that at the center of the research on the security issues there stand free and responsible humanbeings, who are the only ones of all beings to exert a direct influence on what they are, and to express their freedom by making independent choices3. To assume this methodology means a direction of thinking rather different from one postulated in the literature on the subject. The assumed approach is primarily focused on individual

1

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3The

main idea of existentialism. See W. Tatarkiewicz, Historia filozofii, Volume III, Warszawa: PWN, 1981 p. 352.


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human-beings and their creation of an individual sense of security, the outcome of such a creation being the functioning principles of organizations, societies and social groups. They all provide a sense of greater confidence in meeting individual needs and ambitions. The approach is encompassed within the theory of methodology called humanistic sociology (Weber's sociology of understanding). THE BASIC ASSUMPTIONS Proposed definition of security On the basis of the assumed methodology so formulated, and assuming also that:  the most important need of humans is creating the matter of their own existence in accordance to one's own beliefs;  in the assessment of the level of security every human-being takes into account above all the influence of social, environmental and material surroundings on the capability of creating the matter of their own existence;  human-beings does not perceive Reality as photo images, but they create imageries which are unique to a particular personality and are internal representations of an external 4 environment; security may be defined as a conviction (certainty) of a subject5 who is able to retain what is precious and valuable for them: See, J. Kozielecki, Psychologiczna …, op. cit., p. 59. 5A subject is only a particular human-being who learns about reality and acts within it. The Subject is not a humanbeing perceived from a point of view of another humanbeing. This derives directly from the philosophical conceptions of Kant, Descartes and Heidegger. Such an understanding of subject is coherent with Plato's definition, which was simplified by Aristotle, who deprived it of an attribute: bestows being on others. Despite this simplification he stated that the subject is only the concretes that really exist. Everything that remains: composite substances, categories, species, accidents, dependencies, etc. exist solely in relation with subjects, thus they are objects. See, 4

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 concrete beings6 from the subject's surroundings, their system and their correlations (configuration of beings);  attributes and essential accidents7; which are critical in the process of:  meeting the basic needs of the subject – which secure the existence of the subject  (and) forming, out of one's own free will, a way of existence – the essence8. In slightly simplified version, the definition may be formulated as follows: security is subject's conviction, that it can still exist and shape freely its own existence.9 Security Configuration A system of internal and external values, which are precious for the subject because of its sense of certainty that further existence and development are possible10 may be named as security configuration. It is continually formed by the subject in the course of changes which take place both internally and in its surroundings. Hence, security may be perceived as a process of continual formation of security configuration, which is a combination of:  appreciated internal values; W. Tatarkiewicz, Historia filozofii, Volume I, op. cit., pp. 110118. 6Concrete being – an object is everything that a learning subject observes in their surroundings – these may be humans, material objects, social organisations such as: state, enterprise or family. 7Attributes and accidents of the subject are these features and accidents, which constitute the essence of its existence according to, and for it. 8Thus in a being which exists as concrete, a specific compound is reflected, that is, a dissimilarity of elements which form the being, that “it is or it exists”, and “what it is”. See: M. A. Krąpiec, A. Maryniarczyk, Byt, in: Powszechna encyklopedia filozofii, wyd. Polskie Towarzystwo Tomasza z Akwinu: ONLINE version: http://ptta.pl/pef/ - as of 10 August 2009, pp. 3-4. 9 The same argument was presented in: J. Prońko, Bezpieczeństwo państwa, zarys teorii problemu i zadań administracji publicznej, Bielsko Biała: WSA, 2007, p. 18 and previous. 10Development shall be defined as a change/diversion in a direction expected by a subject. A change/diversion in a reverse direction is a regression – according to the subject.

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 essential ambitions;  elements of surroundings and relationships between them. Holistic evaluation of these three features forms a personal sense of security and depends on knowledge, personality and worldview11 in a particular individual. Dynamic sense of security Security, like almost all the concepts of language, it is not accurate. Ambiguity of this subject is connected with subjective assessment of occurring phenomena, around the given subject or in it. As long as he believes that these phenomena have little negative impact on his existence, until he feels safe. Those fears that he will consider as irrelevant, depends on his assessment of his skills. Because safety is a result of the perception of the body: the reality and himself, in the context of the future existence and development. Human life is full of various kinds of concerns about the existence and the ability to create its content. Many of them belong to the category of the risks of daily life. Common, frequently occurring, accustomed to the entity and the other members of the community. Their presence, even though it causes a concerns, does not affect security. Sometimes, however, there are serious concerns about rising consciousness of the subject, changes in the environment or a subjective impression of increased intensity of the risks of everyday life. These concerns are forcing the operator to take action to reduce the sense of threat by attempting to change the rules of the community and creation of new forms of protection. Often, however, these concerns are not strong enough to motivate the subject to radical activities and focusing only on them. Sometimes the perceived escalation of threats, their proximity and the size of 11Although

these aspects/features seem relatively constant, they also evolve in the course of acquiring knowledge and experience.

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potential losses in the security configuration, forcing the subject to intensification of activities until the full involvement of the subject in maintaining the current security configuration. It is identified with the phase of the crisis. If, despite the company's full commitment to the security configuration will be destroyed as a result of a traumatic event or loss of the meaning of life, then a crisis reaches up him. Each of these stages is associated with a different level of concern, the growing strength of negative emotions and increasing involvement in the rescue and reconstruction of the security configuration. Security can therefore graduate of its lack of security, through a range of imperfect security for complete safety. The last one is unattainable goal of human endeavors and effort, this is the idea. Everybody start their journey through life starting from a state in which the needs, dreams, aspirations offer hope of further existence. And if there is a hope, some level of safety exists. Entity builds its security configuration based on their own experience, their knowledge, skills, learned in the process of raising standards and patterns of behavior. These elements underlie a permanent modification during flow of time and future events. The result is still a new approach to security configuration, thus correcting it, improving, modifying. Therefore, creating a sense of security is a process of constant creation around a subject and conditions for achieving the higher levels. This process continues throughout a person's life, causing changes around him. In this context, the security is a process of continuous creation and individual changes of security configurations. However, an observer from the outside will see that it is the result of abrasion of the aspirations of many actors (players) from social life. It seems reasonable that it was the result of social consensus rather than fighting. However, there is not


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always such a possibility. Although John Forbes Nash Jr (1928 - ) pointed out that each a multi-stage and non-cooperative game has stable equilibrium which gives the optimal level of security for all players. Safety, seen from the perspective of an external and impartial observer is an undisturbed development of coexisting players. Danger In psychology and psychiatry danger is defined as:  difficult situation that occurs when there is a concern about the loss of highly prized values (life, career, income, object of love);12  deterioration of the current situation of a man involving the rapid decomposition of the relationship between the values he shared and possibilities of preserving them wherein the source of this decomposition are the changes, that occurred in the man or in his environment.13 Quoted definitions corresponds with proposed definition of safety. Important features of danger are:  subjectivity of assessment;  the possibility of forfeiture of values recognized by the entity as valuable;  state of emotional discomfort - in conjunction with the existing or potential situation. Following the ideas of Socrates, who was looking for common things in definitions, in contrast to the Stoics, that what is diversified, can be formulated the following definition: a danger is a situation, in which a subject loses belief (certainty) for the ability to maintain what is valuable for him: 12See,

Encyklopedyczny słownik psychiatrii, edit. L. Krzyżanowski, S. Pużyński, Warsaw: Państ. Zakład Wydawnictw Lekarskich 1986, p. 535 13 See, Z. Ratajczyk, Oblicza ludzkiej zaradności, [in:] Człowiek w sytuacji zagrożenia: kryzysy, katastrofy, kataklizmy, red. K. Popiołek, Poznań: Stowarzyszenie Psychologia i Architektura, 2001, p. 16.

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 specific entities from the subject’s environment, their system or mutual relations (configuration of existence);  attributes and perquisites;  necessary in the process:  meeting the basic needs of the entityensuring the existence;  (and) forming, according to will, mode of existence - being. Simplifying the definition above we can formulate, that dangers are those phenomena, which in the assessment of the subject can deprive him existence, actual contents of existence or comprise a barrier in his development. These phenomena may affect the entity, directly or indirectly, by change (or liquidation) precise existences from the environment of the subject, their system and mutual relations, interpreted by a subject as important for his existence and freedom of shaping its contents. Risk assessment is based on the relevant facts. Because most people do not collect such descriptions and do not have sufficient knowledge to interpret them, therefore, they are based on the opinions provided by the media and representatives of the government. If people everywhere are bombarded with stories about accidents and their tragic consequences, or information about the crime, even if they have not experienced the effects of such events, they consider it as a significant threat14. These considerations and the proposed definition of risk suggests the possibility of "objective" assessment of the risks. It is based on a social agreement - consensus - or arbitrary determination by the government. attributes and important people’s perquisites and beings from their environment, which decides about sense of security.15 Such In assessing the likelihood of events most often we use the Bayes theorem. 15 In Polish law to clarify the importance for the safety of people beings is defined as the critical infrastructure See. 14

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clarification valuable for people of a certain "species" - statistically - the recognition of safety. It does not refer directly to the cognitive subject, but determines what functions in the safety area, community has to fulfill. In other words, what values and entities, and their specific configurations have to be protected, what pathologies should we fight with, how to prepare people against threats and how to bring up people. Crisis Similarly, the concept of danger, so the crisis and crisis situation are defined in many ways. In psychology and psychiatry, the concept of crisis is defined as follows:  crises result from the obstacles on the way to important goals, which people feel that they are not able to overcome with the usual choices and behaviors.16  crisis is a transitional state of internal imbalances, caused by critical event or life events, requiring significant changes.17 Analyzing the statements quoted above, you can see a basic feature of this phenomenon. The reality of the crisis consists of two essential elements: an event or situation and reaction for it. The essence of the crisis is not lying in the event, or situation, but in subjective reaction, which is expressed in specific perception of an event or situation and the emotional reaction. Both of these elements - perception and reaction, together constitute the basis in crisis behavior. That is why the basic characteristic of the crisis is idiosyncrasy - what for an individual will be a difficult situation to moderate, not an easy issue, but not unsolvable, for the other it can be absolute disaster. Crisis is simply a Act of crisis management 26th April 2007. However, attributes and perquisites, which the Polish state has undertaken to protect, was contained in the Constitution of the Republic of Poland on 2 April 1997 16 See, G. Caplan , Principles of preventive psychiatry, New York: Basic Books, 1964. 17 See, Wybrane zagadnienia interwencji kryzysowej, red. W. Badura - Madej, Warszawa: Wyd. INTERART, 1996.

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person's subjective feeling and therefore it can not be compared with another, perhaps objectively looking, a similar situation. Every man sees the world through the prism of their own experiences, feelings and knowledge. There are no two people who would also have the same experience, knowledge and the same emotional structure.18 Emergency is always accompanied by an internal imbalance, which is associated with extreme anxiety, constitutes a major motivating factor for taking action, to restore the state of equilibrium. For this reason, the crises are often mistakenly equated with stress, which is a dynamic relationship between the individual adaptive capabilities and the requirements of the situation. Stress in some psychological theories (Cannon's homeostatic theory, the concept of Selye’s) is treated as a reaction caused by the body's mental attitude to human stressors. The main task of this reaction is the liberation of the internal potential of the body: the physical and intellectual in order to adaptation to the situation. Moderate stress increases the strength to cope with difficult situations. However, too strong or too long contributes to mental health problems and increases the likelihood of serious physical illness in the future. The crisis, as many authors emphasize appears only in situations of a strong threat to the existence of a specific person, and the feasibility of realizing its important objectives. Referring to definition of safety, should be noted that the emergency occurs, when individual configuration of safety will be destroyed up until that point that it would require extensive reconstruction. Security Configuration is what gives a person the relative certainty of realizing important objectives in life. The damage causes loss of meaning in life and forces to recovery. Without confidence of realization important objectives in life in satisfactorily way, there is no 18

See, J. Prońko, Bezpieczeństwo, …, op. cit., p. 83.


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possibility of normal functioning and fulfilling its social functions. From here, crisis is a phenomena more complicated than stress, but at the same time, every emergency is accompanied with an acute stress. As it was mentioned before, emergency situation occurs in the event of the destruction of the security configuration, that has to be rebuild as quickly as possible based on other values, and the internal environment. While the threat of a potential opportunity of breaching of security configuration, even in a large extent, so far the crisis is the result of the destruction of this configuration by traumatic events in the life of the entity or the awareness that its shape is wrong, failing to meet the hope. It was created to meet the other aspirations, which at this stage of life and from his perspective turned out to be worthless. The current stage requires different aspirations and different security configurations, which provides assurance not only of the existence, but also development.19 The crisis in the social sphere is a psychological crisis in power, remaining in close connection with its exercise. Although the effects of such events can be devastating for the whole community, but the emergency, as a subjective loss of control over developing situation, can not be referred to the whole of society, but only to those in power or aspiring to it. The cause of the phenomena eliciting social discontent – resulting in loss of confidence to administers, can be disastrous for society events (disasters) or barriers of social development. The first requires the efficient and effective operation of authorities and rescue services, second relates to changes in the system of governance, social relations, economic, and therefore the reconstruction of functioning of the system of society. Therefore, the authorities are not capable to this, because it destroys the idea of the

exercising of power. They will strive to maintain the current system, struggling with the public, or a part of the various methods from the political to physical.20 In the context of the discussion on the essence of the emergency there is a very important aspect – the emergency is not only the destruction, formed by the state: the internal and external, giving a sense of security (security configuration), but also the gradual demolition, over which an entity can not control. For the differentiation of the process of gradual loss of losing, the latter situation is called critical. It is therefore a prior emergency examined from the perspective of those in power in the community, social group or the organization. From this perspective, it is easier to see symptoms of imminent emergency, and the gradual process of destruction of the state of giving a sense of security. Retention of this process and then building a new state of giving a sense of security, is a huge challenge for authorities. Therefore, in the sphere of social life, we have to deal more often with the crisis situation than the crisis.21 MAJOR RESULTS OF THE RESEARCH On the basis of the presented definition of security we may draw conclusions in relation to its essence and strategy of formation in the three following dimensions: individual, social and organizational. The conclusions presented below refer to the following areas:  determinants of the sense of personal security;  the areas and strategies of its formation in personal scope;  methodology of assessing the intensity of threats (level of security) – dimensions: individual, social and organizational;

20 19

See, J. Prońko, Bezpieczeństwo, …, op. cit., p. 86.

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21

See, J. Prońko, Bezpieczeństwo, …, op. cit., p. 87. See, J. Prońko, Bezpieczeństwo, …, op. cit., p. 88-89.

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defining security in social and organizational dimension;  the areas and strategies of security formation in social and organizational scopes. Determinants of the sense of personal security Sense of security is a composition of subjective assessments of both capabilities of human-beings and the phenomena that occur around, which results in forming an individual assumption on whether one is able to retain the values which are critical to existence and creating its essence. Hence, the sense of security is determined by:  prior experience and knowledge;  worldview – what must be understood as a relatively constant compilation of judgements, convictions and opinions about the surrounding world. It is formed by, among other factors, knowledge and experience, but far greater influence is exerted by religion and mentality in a society where a particular individual comes from, as well as strength of one's internal ethical values and sensitivity.22  transfer of information received by the subject. The majority of people have no chance of an in-depth analysis of all aspects of their own existence, and they assess the Reality on the basis of other people's information transfers, that is of the media. The assessment of information transfer credibility is closely related to recipient's trust towards the media and towards people who pass the information. Consequently, an individual sense of security may be shaped by the media transfer, that is by the suitable choice 22The

worldview together with knowledge and experience help humans determine what is important and valuable to them: which of the attributes and accidents, which concrete beings and their configuration are. The range of necessities of life and the essence of existence are also affected by the worldview.

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of news and commentaries. By means of social engineering techniques there is a possibility to shape within a society or its part the level of sense of security which will be either lower or higher in comparison to actually existing situation. 23 The areas and strategies of security formation from the personal perspective According to the proposed definition, the sense of security may be formed in two areas:  internally – forming the sense of security by internal transformations in a subject;  externally – forming the sense of security by initialising and conducting changes in the subject's surroundings. Considering the internal area the following pure strategies of forming sense of security may be listed:  giving up to the external judgements on the state of security and adopting them by subjects as their own;  conscious shaping of internal beliefs and values affect individual and social sense of security;  merging with the existing configuration of beings (conformity) – customising the internal beliefs and values to suit actually existing situation. Considering the external area the following pure strategies of forming sense of security may be listed:  shaping the essence of beings24 in subject's surroundings ;  forming new beings;  fulfilment of required relationships and configurations of beings.

23This

claim stems directly from Glantz's modification of Davies' theory. See: Glantz M., Davies J-Curve Revisited, Fragilecologies 27 June 2003, ONLINE:http://www.fragilecologies.com/jun27_03.html . 24The concept of beings from my point of view includes: organizations, society, social groups, institutions, technological systems, other individual human-beings and ecosystems.


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The pure strategies are rarely applied to shape a sense of security. People most frequently make use of mixed strategies which include to various extent the pure strategies indicated above. Choosing a strategy for forming sense of security is most often dictated by circumstances in a given situation. Methodology of assessing the force of threats (level of security) In congruance with the formulated defintion of security, threat is phenomena or events which, according to the subject's assessment, decrease the level of their sense of confidence regarding further existence, as well as freedom to shape the matter of their existence, by means of a potentially affecting security configuration. Thus the methodology of assessing the intensity of threat should include the following stages:  defining a personal security configuration, including identification of attributes, important accidents, beings from their surroundings and the relationships between them, as well as their significance for the personal sense of security;  assessing a scale of potential damage of security configuration, and, in fact, its effect on a personal sense of security;  assessing the probability at which it may occur. Briefly speaking, what should be assessed is: what elements crucial for a sense of security may be lost, what the size of such a loss will be, and what the probability of it there is. But first of all, what influence it will exert on further existence of a subject. The key and most difficult element of this method is an accurate defining a personal security configuration. A very elaborate configuration causes almost all phenomena and occurrences to evoke anxiety and fear of future. On the other hand, too poor configuration leads to excessive sense of

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security, which does not reflect real circumstances. The methodology proposed is in accordance with the methodology of risk assessment. The difference between them lies in dimensionality. At assessing the intensity of threats one should take into account all the dimensions of security configuration, at assessing the risk, however, only one dimension of this configuration is usually considered. Defining security in the social and organisation aspect For specific individuals the most immediate environment, in which they develop their lives, comprises organisations, societies and social groups. Each human-being pursues the highest point of confidence (security) in fulfilling their ambitions and making their dreams come true. On the one hand, they make efforts to shape social environment, in which they live, and on the other hand, the essence of their existence is subject to remodeling by the fact that they belong to this environment. Accordingly, an organization (society) may be perceived as a battleground where its members fight for and pursue a personal sense of security. The result of such a confrontation are objectives and rules to which the organization (society) adheres, and organizational security configuration. The method of defining it depends on objectives of entities exercising power (the key stakeholders) and it may be formed in three contexts:  individual security of those holding power (the key stakeholders);  superiority of organization security over the security of its members;  superiority of member security over the superiority of the very organization. In the first two cases, organizational security configuration (society) is imposed by those exercising power (the key stakeholders), who decide what is important for the organization 129


Jarosław Prońko INTRODUCTION TO THE THEORY OF SECURITY

in terms of both internal rules and principles, as well as the elements of the surroundings. The third case applies when those exercising power take into account the opinions of the other members of the organization in order to ensure broad social support for their own actions. Then the security configuration of the organization constitutes the collective of the personal (or group) security configurations of its members and shall be described as social security configuration. It is possible to discern it because of the fact that individual security configurations stem from personality, worldview and ambitions pursued, which are themselves shaped by upbringing, acquired knowledge and life experience – they represent the essential concepts of social culture.25 Areas and strategies of forming security in the social and organizational aspects Security of organizations (states, societies, social groups and enterprises) is defined and formed by the individuals who manage them in the following aspects:  internal, by means of:  shaping the attitudes of people the organisation consists of;  developing adequate rules and principles for organisation to operate and to accommodate for the need of all the people to make progress and growth;  building an adequate internal structure which ensures the potential which is capable of facing external and internal threats;  external – shaping a friendly surroundings for the organization. The strategies of forming security in social and organizational dimensions are the same as in the case of forming the personal sense of security. The crucial element will be however the way of defining the organizational See, Podstawy organizacji i zarządzania, red. M. Romanowska, pp. 120-123. 25

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(social) security configuration, as it is on this notion that the internal and external policies of an organization depend, as well as the personal sense of security of the individuals related with a particular organization (community). RESEARCH PERSPECTIVES OF THE PROPOSED DEFINITION OF SECURITY The definitions of security, threat and crisis formulated in the study presented here are characterized by complementarity and precision, which indicate the method of quantitative and qualitative research on the issues of security. In the opinion of the author, the study presented here systematizes and combines knowledge of the fields and disciplines like: military studies, technical sciences, management sciences, political sciences, economics, sociology and social psychology, in order to point to the principal trends of forming security of an organization and the directions and methods of prospective research. The most important of them appear to be the following:  developing methodology of determining individual security configuration;  developing methodology of determining the social scope of values appreciated in terms of member security of organizations, communities, social groups, that is, social security configuration;  developing methodology of monitoring the feelings of members in organizations, communities, social groups, in the security context;26  working out of multi-index methodology of assessing risk not only for technical endeavors, but also the social ones; 26 Developing methodology of estimating the social security configuration and monitoring its evolution would allow for more rational view of the expenses on improvements in security.


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working out the principles of devising organization and community development policies, allowing for moving towards building the Nash equilibrium. The proposed definition of security appears to considerably regroup and arrange knowledge in the field of security, stimulate in a new way the understanding of the notion of security, provides foundation for quantitative and qualitative research and in some measure allows for mathematisation of this field of knowledge. REFERENCES 1. Caplan G., Principles of preventive psychiatry, New York: Basic Books, 1964. 2. Encyklopedyczny słownik psychiatrii, edit. L. Krzyżanowski, S. Pużyński, Warsaw: Państ. Zakład Wydawnictw Lekarskich 1986. 3. Glantz M., Davies J-Curve Revisited, Fragilecologies 27 June 2003, ONLINE:http://www.fragilecologies.com/jun27 _03.html, as of 20 August 2009. 4. Kozielecki J., Psychologiczna teoria decyzji, Warszawa: PWN, 1975.

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5. Krąpiec M. A., Maryniarczyk A., Byt, [in:] Powszechna encyklopedia filozofii, wyd. Polskie Towarzystwo Tomasza z Akwinu: ONLINE version: http://ptta.pl/pef/ - as of 10 August 2009. 6. Podstawy organizacji i zarządzania, edit. M. Romanowska, Warsaw: Dyfin,2001.. 7. Prońko J., Bezpieczeństwo państwa, zarys teorii problemu i zadań administracji publicznej, Bielsko Biała: WSA, 2007. 8. Ratajczyk Z., Oblicza ludzkiej zaradności, w: Człowiek w sytuacji zagrożenia: kryzysy, katastrofy, kataklizmy, edit. K. Popiołek, Poznań: Stowarzyszenie Psychologia i Architektura, 2001. 9. Tatarkiewicz W., Historia filozofii, Volume I, Warszawa: PWN, 1981. 10. Tatarkiewicz W., Historia filozofii, Volume III. 11. Uniwersalny Słownik Języka Polskiego, PWN, ONLINE access: www.pwn.pl, as of 10 August 2009. 12. Wybrane zagadnienia interwencji kryzysowej, edit. W. Badura - Madej, Warsaw: Wyd. INTERART, 1996.

AUTHOR dr hab. inż. Jarosław Prońko - professor Institute of Management The Jan Kochanowski University in Kielce and Faculty of Civil Safety Engineering The Main School of Fire Service. A graduate of Kielce University of Technology and the National Defense University. Former officer of Vistula military units. Active in flood in 1997 – awarded the Cross of Merit for Bravery. Author and co-author of many works in the field of public safety, crisis management, risk management and problems of decision making. .

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (132-140)

INSIGHT INTO CONTEMPORARY OPERATIONAL ENVIRONMENT Assoc. Prof. Dipl. Eng. Peter Spilý, Ph.D. Armed Forces Academy of General M. R. Štefánik

ABSTRACT The article is focused on the analysis of the contemporary operational environment, which is perceived as part of the wider security environment. The current operational environment is characterized as complex, dynamically changing and unpredictable. A systematic approach to the operational environment defines a set of its determining elements and their functional links. In the operational environment are additionally specified operational areas for individual commanders. Set of operational and mission variables allows the commanders to perform a comprehensive analysis and evaluation of these operational areas. ARTICLE INFO Article history Received: 30.04.2014 Accepted 21.07.2014 Keywords operational environment, variables, operational areas

Operational environment is a phenomenon that has a key impact not only on the planning and conducting of specific military operations, but also significantly affects military science (theory of military art, theory of building armed forces and other science components). Military art and military science are thus determined by the operational environment. The current operational environment is characterized as complex and dynamically changing. Understanding of its structure, the relationship between its elements and drivers of the conflict is the principal prerequisite for effective military response to crisis resolution. From this aspect, there must also be a focus on related concepts such as the security environment, area of operations and other various operational areas. 132

THE RELATIONSHIP BETWEEN OPERATIONAL ENVIRONMENT AND SECURITY ENVIRONMENT In a simplified way, it is possible to express that the operational environment is a partial element of the security environment. Within the security environment can be defined one or more operational environments (Figure 1). This fact is supported by the ambition and ability of major security actors to operate simultaneously in several operations and missions. An example is the UN, which is currently leading 16 peacekeeping operations1 in diverse parts of the world, thus in various and greatly different operational areas of global security environment. 1Source:

http://www.un.org/en/peacekeeping/operations/current. shtml.


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Security environment Operational environment Operational environment

Figure 1 Operational environment affiliation to the security environment2

Although the term security environment is commonly recognized, it lacks a clear definition. Available descriptions differ particularly in level of complexity. In many cases, »there is still overestimation or underestimation of certain sectors of the security environment, schematic classification of threats as internal and external, respectively, military and non-military«3. For example, characteristic, where the security environment is »external environment affecting the state security policy and can be understood as the space outside national borders in which the interests of the state with those of other actors in international relations meets«4, is aimed only at external environment dimension. A comparable approach is presented also by the Czech security community, when »the security 2

3

4

Similar description is introduced in the article KRÁSNÝ, A., SOCHA, O., Operační prostředí, „Vojenské rozhledy“, 2007, no. 2, p. 54. LAML, R., Prístupy k hodnoteniu bezpečnostného prostredia, [in:] Security forum 2013, Univerzita Mateja Bela, Banská Bystrica, 2013, pp. 183 - 191. ISBN 978-80-557-0496-8. Vojenský terminologický slovník ozbrojených síl Slovenskej republiky. Generálny štáb OS SR, Bratislava, 2008, p. 7.

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environment is understood as an environment that is situated outside the state or the states association. In contrast to an environment that extends inside the fully sovereign states it is more unknown and with reduced possibility of control«5. The security environment is always related to a reference social subject, which may be a single state, group of states in a form of political and economic union (e. g. the European Union), an alliance (e. g. NATO) or other possibly multinational groupings. If we rely on the definition of the security environment as »the environment in which the reference social subject pursues its security interests in interaction with sources (bearers) of the security threats«6, we must necessarily accept the internal geographical dimension of the reference subject. The current security crises are evidence of this. For example, the activities of the separatists in the eastern Ukraine, which directly undermine the territorial integrity of the country, one of the main security interests of the state, are relating to the internal security environment of Ukraine. In the case of NATO, in terms of collective defence, a territory of the members’ states is the primary security environment. In order to evaluate the security environment (its reflection and prediction), with respect to the reference subject, shall be accepted its division into:  internal, with its natural and social factor,

ZEMAN, P., et al. Česká bezpečnostní terminologie. [in:]. Perspektivy vývoje bezpečnostní situace, vojenství a obranných systémů do roku 2015 s výhledem do roku 2025, Ústav strategických studií vojenské akademie v Brně, Brno, 2002, p. 24. 6 ŽÍDEK, R., CIBÁKOVÁ, S., Bezpečnosť štátu, Akadémia ozbrojených síl generála M. R. Štefánika, Liptovský Mikuláš, 2009, p. 39. 5

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external, that given the geographical area is specified as global, regional and local.7 Spatial dimension duality of the security environment is also clear from the definition of the security environment as »part of the social and natural environment in which the conditions of existence and development of social objects, their activities, interests and relationships are determined primarily by security«8. In that definition, the spatial aspect (inside or outside of the reference entity) is perceived comprehensively. In formulating the relationship between operational and security environment can be stated that commanders at all levels are planning and conducting their operations in their specific operational environment. This operational environment does not reflect only an isolated condition of variable factors interactions that occur in a specific operational area. It includes the interrelated impacts of the security environment that directly affect conditions in the operational area. As the operational area of lower commander is a part the higher commander’s operational area, the operational environment at all levels is a component of a wider (regional or even global) security environment, which generally affects all military operations.9

7

8

9

LIMAŃKI, A., OLAK, A., DRABIK, I., Redefinicja zakresu przedmiotowego bezpieczeństwa państwa we współczesnych stosunkach iędzynarodowych – wielowymiarowość bezpieczeństwa. [in:] Národná a medzinárodná bezpečnosť 2012, Akadémia ozbrojených síl generála M. R. Štefánika, Liptovský Mikuláš, 2012, pp. 317 – 329. ISBN 978-80-80404508-5. HOFREITER, L. Securitológia, Akadémia ozbrojených síl generála M. R. Štefánika Liptovský Mikuláš, 2006, p. 57. ADRP 3-0. Unified Land Operations. Headquarters, Department of the Army, Washington, DC, 2012, p. 1-1.

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OPERATIONAL ENVIRONMENT ANALYSIS In the current NATO doctrinal stance, an operational environment analysis is a part of a more complex activity referred to as the knowledge development. It is one of four main and interrelated functions, rendering the effective realization of military operations (Figure 2).

Planning Knowledge development

Assessment

Execution

Figure 2 The main functions of an operations process10

The knowledge development plays a central role. New findings may at any stage of the operations process necessitate immediate adaptation of other functions. The knowledge development consists of three key steps. They are analysis, collection and provision of the information. The purpose of analysis is to put information into context and then draw conclusions, deductions or implications. 11 The alliance documents provide relatively austere definition of the operational environment in the form of »a composite of the conditions, circumstances and influences Source: Bi-Strategic Command, Bi-SC Input to a New NATO Capstone Concept for the Military Contribution to Countering Hybrid Threats, NATO Headquarters, Brussels, 2010, p. ix. 11 Ibidem, p. ix. 10


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that affect the employment of capabilities and bear on the decisions of the commander«12. Despite the short definition, the general perception of the operational environment is considerably more complicated. Operational environment consists of the physical domains of land, air, maritime, space and cyberspace environment. In addition to physical areas it is associated with social systems that may be hostile, neutral or friendly. Basically operational environment is »a system of systems in which different actors interact

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within the operational environment in pursuit of their interests«13.For the purpose of complex analysis and involvement with all relevant areas of an operational environment, commanders and staffs use the operational variables. These represent subsystems of an operational environment. Analysis focuses on the determination of important and critical links in the internal structure of individual subsystems of an operational environment as well as the links between these subsystems.

Information

Social

Infrastructure

Military

Economic

Political Time Physical environment

Figure 3 Internal and external relations between the

operational environment subsystems 12

AAP-6 NATO Glossary of Terms and Definitions (English and French), NATO Headquarters – NSA, Brussels, 2013, p. 2-O-3. The same definition states JP 1-02 Department of Defense Dictionary of Military and Associated Terms, The Joint Staff, J-7, Directorate for Joint Force Development, Washington DC, 2014, p. 195.

13

Bi-Strategic Command, Knowledge Development (Pre-Doctrinal Handbook), NATO Headquarters, Brussels, 2010, p. 2.

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Overall, the operational variables are segmented into eight categories: political, military, economic, social, information, infrastructure, physical environment, time. To designate them an acronym PMESII-PT is Political subsystem expresses how the responsibilities and authority at all levels of management are divided. It includes formal and informal institutions as well as hidden subjects which have political power. Political subsystem components are represented primarily by the government, various social, religious and tribal groups. The political variables are affected by many internal and external hostile groups as well as neighbouring countries. Analysis of the military subsystem focuses on military and paramilitary capabilities of the relevant state and non-state actors. The military dimension is also influenced by other security tools such as police, coastal and border guards, private activities within the international arena. Coalition forces must »focus attention on the implementation of information activities as part of the framework of a comprehensive effort using the prevailing positive information« 14. On the other hand, it is necessary to prevent an adversary from abusing the information resources and negative disinformation. Infrastructure is represented by material and technical facilities required for the society functioning. Analysis should focus on the urban areas, the density and character of the buildings, transport links, and other energy facilities. The physical environment includes landscape, the overall climatic conditions and specific weather. The analysis examines their impact on the deployment of military capabilities in the area of operations. Time dispositions determine the planning and execution of military activities. Perception of the importance of time may vary

security services, and others. Economic conditions may cause that states are in unstable situation. Large economic disparities in the region may cause an increase in tensions between the countries. Dependence on external energy and material resources may have a negative and devastating impact on economy. Energy policy is becoming an important tool for enforcing own security interests in the international arena. Social subsystem is specified by cultural, religious and ethnic composition of the population. It reflects the beliefs, values, habits and behaviour of social groups. Social impacts need to be analysed in terms of demographic structure of the local population, ethnic and religious diversity, and level of education, human rights, and other criminal activities. Information subsystem guarantees the transparency of all operational with different actors, given their cultural traditions and values. An analysis at the tactical level applies tactical i.e. mission variables, which use information from the analysis of operational variables, but they are utilized only to that part of operational environment, where is localized an area of operations. The analysis examines the impact of mission variables on the task accomplishment. Mission variables are labelled in English acronym METT-TC and consist of the following categories: mission, enemy, terrain and weather, troops and support available, time available and civil consideration. For a commander and his staff, the mission represents a determining tactical variable. A mission is »a clear, concise statement of the task of the command and its purpose«15. Mission is formulated in the form of who, what, when, where and why has to 15

14

SVD 30-44 Vedenie operácií proti povstaniu (COIN), Generálny štáb OS SR, Bratislava, 2011, p. 28.

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AAP-6 NATO Glossary of Terms and Definitions (English and French), NATO Headquarters – NSA, Brussels, 2013, p. 2-M-8.


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execute.16 The second tactical variable specifies the enemy, its organization, objectives, probable course of action, equipment, its strengths and weaknesses. Currently, when the mission is often aimed at the stability tactical tasks execution, thus not offensive or defensive actions, an enemy must be seen from a broader perspective. For example, when intervening forces execute tasks of peace support, their impartiality is a determining requirement. Therefore, it is appropriate to consider this tactical variables rather as an adversary An adversary activity, regard to their variability and implementation across all dimensions of an operational environment (for example, in cyberspace), are called as hybrid threats. Hybrid threats are presented by adversaries (including state actors, rough states, non-state actors or terrorist organizations) who have the ability of adaptive and simultaneous exercise of conventional and unconventional means to achieve their goals.17 Analogously to the physical environment that is an operational variable, but in a narrower and more specific scope, variables terrain and weather analyses their impact on the military operations execution. Aspects of the terrain affect the possibility of observation and fields of fire, avenues of approach, key and decisive terrain, obstacles, cover and concealment. The military aspects of weather include visibility (darkness, fog, mist, etc.), wind, precipitation (rain, snow), clouds, temperature

This procedure is referred to as the rule "5W". A superior commander does not prescribe the way of the mission execution. In the context of the mission command this competence is left to the relevant commander at the tactical level. 17 Bi-Strategic Command, Bi-SC Input to a New NATO Capstone Concept for the Military Contribution to Countering Hybrid Threats, NATO Headquarters, Brussels, 2010, p. 2. 16

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and humidity.18 Troops and support available variable analyses number and type of other friendly units which can provide combat support or combat service. A commander assesses comprehensively the time required for planning, preparation and execution of the operation. Timeline disposition may lead to revision of previous decisions. Civilian considerations encompass all civilian aspects that could affect the operation. This applies to assessing the impact of civilian institutions and civilian authorities and opinion and reactions of the local population. Examples may be the migration of refugees, requirements for humanitarian assistance or specific restrictions given by the rules of engagement.19 When analysing the operational environment, it is necessary to accept the value and habits of other actors in the conflict. In implementing comprehensive approach to crisis management, this fact is particularly acute. Consistent understanding of the operational environment, labelled as the common operational picture, is a prerequisite for the proper setting the targets and the end state of operation. GEOGRAPHIC AREAS OF THE OPERATIONAL ENVIRONMENT Planning, management and execution of military operations, provides hierarchical organizational structure. Its levels are specified as military-strategic, operational and tactical. Within the operational environment, with respect to the delegated responsibility in performing tasks, geographic location and the nature of the conflict, the permanent and ADRP 5-0 The operations process, Headquarters, Department of the Army, Washington, DC, 2012, p. 1-9. 19 SPILÝ, P., HNČIAR, M., Vojenská taktika, Akadémia ozbrojených síl generála M. R. Štefánika, Liptovský Mikuláš, 2013, p. 50. ISBN 978-80-8040-471-0. 18

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temporary operational areas are defined. These areas, which differ mainly in parameters such as size and duration, are assigned to each military level. Interconnected system of operational areas is a prerequisite for effective coordination of tactical activities during joint operations20. Joint operations are directed at the military-strategic level. Strategic commander21 has assigned a permanent area of responsibility. This area of the NATO strategic commander for operations consists of all NATO members’ states territory. The NATO strategic commander is also responsible for NATO operations beyond Alliance territory, that is, the area of responsibility is temporarily increased. The situation is different in the U.S. where the strategic commander has assigned one of the six geographic areas of

responsibility, which are set by the U.S. President. These areas cover the entire globe.t the operational level the NATO strategic commander defines joint operational area as temporary and contingency or mission specific. In terms of NATO this area is associated with combined joint task force operations.22 A tactical commander has assigned an area of operations, which is »defined by the joint force commander within a joint operations area for the conduct of specific military activities«23. The geometry of the operational environment is schematically illustrated in Figure 4. OE – operational environment, AOR – area of responsibility, JOA – joint operational area, AOO – area of operations

AOR OE JOA AOO

Figure 4 The geometry of the operational environment (variant)

Joint operations are executed by several types of forces (such as land, air and sea). Combined joint operations are performed by several kinds of the alliance‘s or coalition‘s forces. 21 The strategic commander of NATO's Allied operations is the Supreme Allied Commander, Europe (SECEUR). In the U.S. is a position of a strategic commander performing by the Combatant Commander (CCDR). 20

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AAP-6 NATO Glossary of Terms and Definitions (English and French), NATO Headquarters – NSA, Brussels, 2013, p. 2-J-1. 23 Ibidem, p. 2-A-18. 22


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The main aim of dividing the operating environment into respective operational areas is the setting of clear responsibilities for planning and execution of operations. Commanders at each level are eligible for command and control of all military activities in their operational areas.

2. 3. 4.

CONCLUSION Operational environment is a multidimensional system. Understanding its structure and internal and external links determines the success of the operation. The current operational environment is complex and dynamically changing. Predict its development in a wider time frame is very difficult if not unrealistic. An example is the hectic development of the security situation in Ukraine, which could unfortunately result in large-scale conflict. On the contrary, security strategy of the Alliance as well as of the most of NATO countries claim that in the medium term there is no probability of an open armed conflict on their own territory. Reality is always unpredictable and often precedes theory and assumptions based on judgment. Operational environment is understood as part of wider security environment. For effective analysis of various factors of the operational environment a set of the operational and mission variables are used. This system theoretically guarantees that the evaluation process will be complex. Defined operational environment is spatially further hierarchically divided into different operational areas. Commanders, at all military levels, are responsible for comprehensive preparation and execution of operations in these areas. Therefore they must have a necessary level of knowledge of the causes and drivers of the conflict. REFERENCES 1. AAP-6 NATO Glossary of Terms and Definitions (English and French), NATO Headquarters – NSA,

5.

6.

7.

8.

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10.

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Brussels, 2013. ADRP 3-0 Unified land Operations, Headquarters, Department of the Army, Washington, DC, 2012. ADRP 5-0 The operations process, Headquarters, Department of the Army, Washington, DC, 2012, p. 1-9. Bi-Strategic Command, Bi-SC Input to a New NATO Capstone Concept for the Military Contribution to Countering Hybrid Threats, NATO Headquarters, Brussels, 2010. Bi-Strategic Command, Knowledge Development (Pre-Doctrinal Handbook), NATO Headquarters, Brussels, 2010. JP 1-02 Department of Defense Dictionary of Military and Associated Terms, The Joint Staff, J-7, Directorate for Joint Force Development, Washington DC, 2014. HOFREITER, L., Securitológia, Akadémia ozbrojených síl generála M. R. Štefánika, Liptovský Mikuláš, 2006. ISBN 80-8040-310-4. LAML, R., Prístupy k hodnoteniu bezpečnostného prostredia, [in:]. Security forum 2013, Univerzita Mateja Bela, Banská Bystrica, 2013, pp. 183 - 191. ISBN 978-80-5570496-8. LIMAŃKI, A., OLAK, A., DRABIK, I., Redefinicja zakresu przedmiotowego bezpieczeństwa państwa we współczesnych stosunkach iędzynarodowych – wielowymiarowość bezpieczeństwa. [in:] Národná a medzinárodná bezpečnosť 2012, Akadémia ozbrojených síl gen. M. R. Štefánika, Liptovský Mikuláš, 2012, pp. 317 – 329. ISBN 978-80-8040-4508-5. SPILÝ, P., HNČIAR, M., Vojenskátaktika, Akadémia ozbrojených síl generála M. R. Štefánika, Liptovský Mikuláš, 2013. 139


Peter Spilý INSIGHT INTO CONTEMPORARY OPERATIONAL ENVIRONMENT

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12. 13.

ISBN 978-80-8040-471-0. Vojenský terminologický slovník ozbrojených síl Slovenskej republiky, Generálny štáb OS SR, Bratislava, 2008. SVD 30-44 Vedenie operácií proti povstaniu (COIN), Generálny štáb OS SR, Bratislava, 2011. ZEMAN, P., et al. Česká bezpečnostní terminologie. [in:]. Perspektivy vývoje bezpečnostní situace, vojenství a obranných

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systémů do roku 2015 s výhledem do roku 2025, Ústav strategických studií vojenské akademie v Brně, Brno, 2002. ŽÍDEK, R., CIBÁKOVÁ, S., Bezpečnosť štátu, Akadémia ozbrojených síl generála M.R. Štefánika, Liptovský Mikuláš 2009. ISBN 978-80-8040-375-1.

AUTHOR Assoc. Prof. Dipl. Eng. Peter SPILÝ, Ph.D. Security and Defence Department, Armed Forces Academy of General M. R. Štefánik, Liptovský Mikuláš, Slovakia, e-mail: peter.spily@aos.sk

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SOCIAL AND CULTURAL SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (142-161)

SECURITY DIMENSIONS OF THE CURRENT DEMOGRAPHIC PROBLEMS assoc. prof . PhDr. Peter Čajka, PhD.1 assoc. prof . PhDr. Rastislav Kazanský, PhD.2 1,2 Matej

Bel University

ABSTRACT These days, demographic problems – especially population growth and its non-military aspect of security belong to the one of the most crucial problems in relation with the global problems of humankind. The problem of the world population belongs to one of the current key global problems of humankind. The fastening increase of the world population is a serious problem of the contemporary world. This problem’s gravity was realized by humankind at the beginning of the 60-ties of the 20th century, whereupon demographic development has achieved a great significance since then. The term- population problem- has thus become a subject for many scientific discussions. The population influenced and still influences the functioning of society, therefore great attention to demographic processes was paid in the past and is still being paid even nowadays. ARTICLE INFO Article history Received: 15.04.2014 Accepted 16.04.2014 Keywords demographic problems, population growth, security

INTRODUCTION These days, demographic problems belong to the one of the most crucial problems in relation with the global problems of humankind. The problem of the world population belongs to one of the current key global problems of humankind. The fastening increase of the world population is a serious problem of the contemporary world. This problem’s gravity was realized by humankind at the beginning of the 60-ties of the 20th century, whereupon demographic development has achieved a great significance since then. The term- population problem- has thus become a subject for many scientific discussions. The population influenced and still influences the functioning of society, therefore great attention to

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demographic processes was paid in the past and is still being paid even nowadays. At the beginning of the 21st century demographic factors account for a crucial determinant of the global security. Demographic trends influence the security background in many respects. (Terem, 2004) They steadily and dynamically change the formal as well as contextual aspect of it. Some contemporary demographic trends have a specific character, and their diversity is being developed because of the world population’s increase. Closer attention, which has been in the recent years given to demographic trends and demographic development in relation with globalization and dynamic changes in the security background, leads to various demographic myths frequently with a political background. (Terem,


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2008) The coincidence of various demographic, security-political and economic factors, has developed a few critical, or more exactly to say, catastrophic zones of development in the world. Among them there are first of all a larger part of Sub-Saharan Africa, Middle and South-East Asia. (Lupták, 2005. s. 561-562) The world demographic development in the 21st century will be characterized and influenced by many demographic factors. Opinions on what problems will be the most significant are differing according to specialists and analytics based on the definition of which problem is the most significant one. In general, it is possible to say, that all these opinions state that the problems are interconnected. The current world demographic development can be characterized through three main trends: (Vaňo, 2001, pp. 31-35) Population grows the fastest in the poorest countries that are less capable to fulfill needs and create opportunities for its population The population growth in the developed countries is decreasing and the population ageing Countries strongly influenced by the HIV have high mortality and the life expectancy is shortening The urban growth is progressing mostly in the less developed regions (currently the city population exceeds the rural population for the first time in history) The increase of refugees because of persecutions in their own countries is an important source of the class of the poor (huge urban agglomerations, refugee camps, slums) The potential population growths in developed countries will mainly be as a result of immigration The next part is focused on some of the demographic problems.

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POPULATION GROWTH A qualified decision in the sphere of economy, social affairs, employment, education, health care and the residence building, cannot work without qualified, properly structured, variable and prompt demographic information. The meaning of demographic information is stressed due to the current social situation when the part of social changes is formed by decisive changes in the reproduction behavior of inhabitants. As a result of these changes there are changes in the increase and structure of inhabitants, and the structure of families and households is also being changed. Apart from information about the past and current population development, information about expected development is needed for decision processes. Demographic prognoses are the basis for the contemplation about future social development. Changes in the sphere of global population’s behavior, which have been intensively monitored since the second half of the 20th century especially because of the steep increase of the world population and its irregular spread, are the subject of attention of many scientists as well as world organizations dealing with aspects of social life. Since the population changes have also economic and social effects (Rošteková, 2009), it is evident that in the period of evident population changes there is a need and significant demand for information and data concerning the future development of population and its parameters. The result of such a trend is to find out and predict an expected future development. In 2003 the UN published a prognosis of the world population, which in contrast to the previous long-term one for the period up to 2150, has a significantly longer time horizonup to the year 2300. But it is necessary to say that the results for such a long-term horizon have to be taken with very carefully, and as the most probable might be taken considered 143


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results for the period up to the year 2050 (Abrhám, 2008). The prognosis is based on the finding that the population increase of the developed countries caused by high birth rate has slowed down, and it is proposed that it will be gradually slowing down in the next period. Thus it will approximate to the situation in the highly developed countries of the contemporary time, in which, on the contrary, the prognosis supposes the contemporary low birth rate will be overcome. Similarly, as in highly developed countries, in the third world countries as well, there is an expected increase of average life expectancy (a quicker process in third world countries, but developed countries will keep a certain head start). In the UN projection the world population is supposed to have 8.92 billion of people by 2050. The world population will reach its maximum in 2075 with 9.22 billion, which will be followed by a slow decrease, and in 2300, the number of world population should be stabilized at 8.97 billion of the planet’s population. This prognosis of the increase of population, in other words, the achievement of a particular maximum of the world population is derived from the so called medium or, in other terms, optimal estimation. The justification of the statement concerning the achievement of the world population number at this level comes out from indicators of maximum, or in other terms, a relative year on year increase in the world. While the inbetween year population increase at the level of 2.19 % per a year achieved its climax in the year 1963, in the contemporary period this increase is around 1.14 %. At the same time in the year 1989 the maximum in-between year increase of the world population achieved 88 millions of people. UN experts claim that even a small change in the birth rate population data might cause that the population in 300 years might be completely different. An estimate of nine 144

billion is therefore only a medium parameter based on the assumption that each family in the world will have two children in average. If the average number of children per a family is one eighth lower, there will be 2.3 billion of people. Though it is impossible to exclude both variants, the UN does not reckon with them. This tendency of increase, decrease and subsequent increase of people results from assessments of future trends in life indicators. In some countries natality might decrease to an under-increase level, though in some cases for not a long time. There is a possible return to the values of increase after some time, and subsequently life expectancy will probably in some countries have the trend of steady and undisruptive slow increase. So there is an assumption that regions and countries will show the same demographic trends on a long-term horizon, but the particular levels of development will be reached in a different period of time. More than the global development of inhabitants, it is important to monitor the regional increase of the world population. There live nearly 6, 9 billion of population in the most developed countries of the world. While in these countries there is 1.22 billion – 17.9 % of the world population, in the developing countries there is 5.69 billion that accounts for 82.1 % of the world population. But according to the UN, the prediction of the world population’s increase by the year 2050 differs. Globally, there will be an increase approximately of 2, 5 billion, which accounts for the increase circa 40 %. The developed countries (countries of North America, Japan, Europe, Australia and New Zealand) will participate with their increase only by 2 %, and to less extent it will be developed countries (countries of Latin America and the Caribbean, Asia, apart from Japan, Malaysia and Polynesia) with the increase circa 49 %, and to least extent developing countries (most countries of Africa) will participate with the


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increase 129 %. The developing countries have in their demographic development “a kind of delay“ of 75 years, comparing to developed countries, and the process of demographic revolution should be finished in these countries in the period of 50 years. But this situation will not be a termination of population’s increase, but it will require more than 50 more years. It means that a final solution to this problem can be expected in the second half of the 21 century. A very problematic region in the term is Africa wherein the population increase today is 2, 9 %. Another critical part is Latin and South Africa and Asia. South Asia had at the end of the 20th century 2, 2 billion of population, which is the same number as the world population in the year 1950. (Veselá, 2003, s. 163) A different development is also expected in smaller regions within larger complexes. For instance: (World population to 2300, 2004) Three African regions - east, middle and West Africa will have reached an unusually high increase comparing to other regions by the year 2100. In case of this region’s countries there is an expected increase in the years 2000 - 2050 of more than 200 % (Chad – 282 %, Uganda – 250 %, Congo – 245 %, Somalia – 240 %, Mali – 230 %). In Asian regions there is an expected steeper increase in the West, a slower one in the East (Oman – 218 %, Saudi Arabia – 185 %, Pakistan – 138 %, Nepal – 110 %, India – 58 %, Bangladesh – 57 %). By the year 2100 Asia will be 2.2 times more populated than Africa, comparing to today’s number 4.5 on the side of Asia. Latin America and the Caribbean, as the most homogenous regions, will follow relatively parallel trends in natality and probable life expectancy (Paraguay – 155 %, Nicaragua – 122 %). North America as the only region will not reach the so called under the increaselevel value by the year 2050, mainly due to migration.

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Europe similarly as Asia means accounts for a higher increase in the West, and a lower one in the East. Eastern Europe stands out with its low values of life expectancy, and even in long-term predictions, it will not reach the level of other regions. (http://www.nationmaster.com/graph/peo_pro_ pop_gro-people-projected-population-growth) At present more than 60 % of the world population (3.8 billion) lives in Asia , while in China and India there lives together 37 % of the world population (2.5 billion), following by Africa with 14 % (1 billion), Europe with 11 % (731 mil.), North America with 8 % (514 mil.), South America with 5.3 % (371 mil.) and Australia and Oceania with 0.3 % (21 mil.). (http://www.nationmaster.com/graph/peo_pro_ pop_gro-people-projected-population-growth). Approximately 4.83 billion of the world population, which accounts for 70.5 %, today lives in 20 countries of the world. In the European Union there live more than 501 millions of people, which accounts for only 7.4 % of the world population. In case of the most populated countries of the world, it is possible to see significant differences from the future point of view. In the year 2050 there will be a population increase in, first of all, less developed countries of the world. The most significant change will occur in the first position wherein India will get its position. That means that in the period of 100 years (1950 – 2050), there will be the most significant absolute increase of population; more than 1.3 billion of the population. From the prognosis point of view, there is an assumption that life expectancy will steadily increase without a top limit, influenced mainly by the situation in a country. By the year of 2100 the age will vary between 66 and 97 years, and by the year 2300 between 87 up to unbelievable 106 years. The population increase will naturally influence the ratio between the population and 145


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its life space. The density of population will keep on rising and its irregular structure in space, which will be in 2100 in average between 3, 6 of citizens per km2 in Australia up to 540 citizens per km2 in Micronesia. The most densely populated country will probably be Bangladesh with 200 people per km2. One of the most crucial trends of the future is aging of population. While in 2000 the world age average was 26 years, in the year 2100 it will be 44 years, and in the year 2300 it will be about more than 48 years. Also within the period of the years 2100 and 2300 there is an expected rise of population over the age of 65 in even more than one-third (from 24 % to 32 %), the number of population aged over 80 and more will increase twice as many (from 8.5 % to 17 %) and the number of people aged 100 will multiply 9 times (from 0.2 % to1.8 %). Unbelievably, in the year 2000 there was world average retirement age 65 years, which meant that retired persons will enjoy their own fully deserved retirement period of life for only more than 2 weeks. If the average age for retirement time did not change by the year 2300, we would be in retirement period of life for 31 years in average. Interestingly, the period of countries demographic development is also called as a demographic window. This period is characterized by the fact the number of children and youngsters under the age of 15 does not exceed 30 %, and the number of people over 65 years and more does not reach 15 % of the whole population. As a result in the period of 30-40 years, the people at the productive age are becoming a dominant part of population. This situation will be typical, e.g. in Africa approximately around the year 2045 or later. In difference to Europe that appeared in the demographic window before the year 1950, and at present the so called third age is coming to existence here dominated by old people. In the results of the UN prognosis by the year 2050 there is stated that differences 146

in population dynamics between less and more developed countries will continue. At the present time the population of more developed world regions is rising at the rate of 1.46 % per a year. It is still true that the least developed countries, according to the UN, experience the fastest rise- even 2.4 % per a year. These tendencies of increase will continue by the year 2050. As a result, the scale of more developed countries population, now about 1.2 billion will slightly change in the next short-time future period. Negative oscillations might be caused by natality that should be maintained at the under-increase level and thus will cause that 30 developed world countries will become smaller as for the number of population in the middle of this century. For instance, in case of Japan it will be 14 % of the population, in Italy 22 %, in Bulgaria, Russia or in Ukraine, there will be a decrease from 30 to 50 % of population. Less developed countries might expect an increase in the number of population from 4.9 billion in the year 2000 up to 7.7 billion in 2050. The biggest increase will occur in less developed countries, whereby the population in the countries like Burkina Faso, Mali, Niger, Somalia and Yemen will increase even four times According to prognoses the international migration is not supposed to significantly change. (Bolečeková, M. 2010) More developed countries might in the next 50 years annually expect 2 millions of immigrants. Traditional recipients are supposed to be the United States of America, Germany, Canada, Great Britain and Australia. Most frequently immigrants will come from China, Mexico, India, Philippines and Indonesia. In 2000 the most populated world countries were China, India and USA. By the end of the year 2050 the leading position should be definitely taken by India. The other countries such as Indonesia, Brasilia and Russia will be replaced by new extremely


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populated countries such as Pakistan and Nigeria. According to conclusions of the UN prognoses results that demographic changes to great extent influence and will influence the lives of individuals, but also countries and regions. Demographic determinants such as natality, mortality and migration can have influence on the position of states in the international system. Because the population number is considered as a power attribute of a given state, it is possible that some power configurations might change in the future, strategic players´ position might be changed in the regions, and demographic balance will be disrupted. The first change of demographic balance as a cause of conflicts and wars´ escalations was also pointed to by Samuel P. Huntington. In his book “The Clash of Civilizations“ is stated: “The significant rise of one group provokes political, economic and social pressure on the groups. Even more important is the fact that it provokes military pressure on groups which are demographically less dynamic“. (Huntington, S.P. 2001) In order to find effective steps towards optimal demographic situation, not only states´ citizens, but also their governmental policies, international community, are supposed to participate in a way of coordination. Most prognoses concerning the development of population are in accord with the fact that the number of world population is stabilizing and population processes will represent only a simple reproduction. Unsolved questions represent time and magnitude of this stabilization. If the population’s rise terminates from the quantitative point of view, it does not mean that its qualitative rise will stop as well. In contrary, it is assumed that there will be an increase in the quality of general education, professional preparation (Kalický, J., Hitka, M.

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2006, s. 43-49), population’s health, living and cultural level. The top limit of population quantity is in many prognoses different, but it frequently comes out from the potential of the Earth’s natural resources represented by arable land. More prognoses state a various size of arable land that is needed for the life of individuals, which means that various numbers of the top multitude limit, e.g. the American standard is 2000 m² of arable land, i.e. 40 – 50 billion of inhabitants. According to Japanese standard it is only 680 m² of arable land, which accounts for top limit of 157 billion of people. THE POPULATION AGEING One of the important contemporary problems requiring a priority attention because of it temporary and future repercussions on individual countries is the decrease of population and the related problems of the population ageing. Population ageing is frequently mentioned at present. Contemporarily, it is the global demographic process and in the future it will “probably be a most prominent feature of the population behavior”. (Rychtaříková, 2002, pp. 43-46) The population ageing is one of the main features of the current population development that has a future irreversible impact. The intensity and importance of this process is prominent in the global scale mainly in the last century. The population ageing is causally connected to the demographic transition and its conclusion in the more developed part of the world. Economic and social consequences of ageing are not required to especially mention. The era when the ratio of children and pensioners will change is coming. It will be the era when the social traditions, habits and norms will have to change. This is one of the main reasons to devote considerable attention to this phenomenon. (Bleha, Vaňo, 2007, pp. 6280) 147


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The population ageing is not a worldwide problem yet, it concerns mostly world developed countries. On the other hand, it is a known fact that the population ageing in developing countries will culminate in few decades and will be more dramatic as the current population ageing in the developed world. In the developed countries, the population ageing is cause by the prolonged human life and the decrease of natality. This trend is resulting from many factors that are related to the modernization of the society which caused the decrease in fertility and natality. The health care improvement resulted in the prolonged life expectancy and a better health condition of the population. The science advance prolonged the average life expectancy which is the main reason for the population ageing. Since the decrease in natality, the share of older and the old people in the population are growing. In the developed countries, the process of ageing advanced to such an extent that it became one of the most important social issues. The population ageing does not have only prognostic character but represents a considerable worldwide economic problem that lies is the ever decreasing amount of the actively working population participating on the financial situation of state budgets and on the other hand the ever increasing amount of pensioners which increases the strain on health and social services as well. This can result in the threatened industry performance and thus essential changes in the social, health and pensionary system are required, similarly to changes in the politics of employment. The ageing influences the life cycle of individuals and their family behavior. The situation is even more complicated mainly since the ever growing social progress will result in the decrease of the population growth in the developing countries, the developed countries will have to search for external sources for the improvement of their situation and in coming decades will have to change 148

the reproductive behavior of their population based on the value system of population. (Vaňo, 2001, p. 35) Populations throughout the world are becoming older. The phenomenon, typical for developed countries, is becoming a fact for less developed countries. Till 2050, 1.2 billion from the overall 1.5 billion of population above 65 years of age will be in countries nowadays described as less developed. This phenomenon will greatly influence the health and socio-economic development of countries throughout the planet. Currently, developed countries understand the need for the governments to find solutions to this issue addressing the whole society, resulting in creation of environment suitable for the ageing society while sustaining the economical development of states. These priorities were declared by representatives of 159 countries at the Second UN World Assembly on Aging in Madrid in 2002. (http://www.un.org/esa/socdev/ageing/waa/) In 2004, the estimated world population of people older than 65 was 461 million which is an increase of 10.3 million since 2003. The population ageing is usually imputed on developed countries of Europe and North America that currently have the highest percentage of older people in the world and till the half of the 21st century, the number of grandparents will exceed the number of their grandchildren (children up to 18 years of age) to put it figuratively. Even the less developed countries are witnessing the decrease in the natural population growth similarly to developed countries and thus there is an estimate of the increased numbers of older people. The “oldest” country in the world is supposed to be Italy since 25% (2004) of its population is comprised of old people. Apart from Japan, the first 20 places are taken by European countries this being the reason that Europe is considered as a continent where this problem is the most prominent. In comparison with


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Europe, the USA are still relatively well based on the generation of the so called baby boom (born in 1946-64) that did not reach the pension age, yet. These people will influence the ageing in the near future. Till 2030, there is an estimate for the doubled increase in countries of Asia, Latin America and the Caribbean. Even the population of old people is ageing1 and up to 18% is comprised of people above 80 years of age. More than a half of them are living in only 6 countries of the world: China, the USA, India, Japan, Germany and Russia. 2 The answer for the question of what is causing the population ageing on the planet is a whole collection of factors. One of the most important one is the decrease in natality since the lower number results in less young people and a proportional increase of older people. From the long-term demographic development perspective in the context of the population ageing indicators showing the long-term trends in fertility and natality are used for such projections. The overall fertility – the fertility index stands for the average number of children a single female gives birth to in her whole life. The level of sustainment of the population stability is based on 2.1 children. It is logical that a population with higher natality has the projection of a lower proportion of older people, and vice versa. Fertility is currently in range of 1.1 – 1.7 for industrially developed countries, in the case of developing countries fertility reaches the values even higher than 7. The natality indicator is also significantly different for developed and developing countries. In the first case it reaches values of 10-15 and in the case of developing countries it is 30-40.

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In the developed countries the fertility (the average number of children of a single female) and natality (the number of newborns for a 1000 inhabitants) decreased significantly which resulted in changed relative amounts of the overall world population. Differences between developed and developing countries in both these factors are significant and will in the future add to ever deepening demographic division between these countries. The decrease in fertility and natality in the present reaches in some developed countries alarming figures. The danger of such a rapid decrease is clearer from the long-term demographic projections and repercussions of such a population development on the future generations and the future demographic structure of the society. These consequences are visible from estimates of the evolution of the amount of population for some countries till 2050. As examples for expected demographic changes can be given Japan and Germany that till the half of the century with abidance of the current population growth can lose up to 14% of their population. In the case of Italy and Hungary the estimated decrease is 25% and in case of Russia, Georgia and the Ukraine it is even 30-40%. The situation is not favorable even for Slovakia that according to these estimates would enter the second half of the century with the population decreased by 13% compared to the current state.

Note.: In general the “older people” are suppossed to be people above 65 years of age and the category of the “oldest old“ comprises of population older than 85 years of age. In: http://www.prb.org/pdf05/60.1GlobalAging.pdf 2 http://www.prb.org/pdf05/60.1GlobalAging.pdf 1

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Range

Country

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Russia Ukraine Japan Italy Germany Spain Poland Romania Bulgaria Hungary Georgia Belarus Czech rep. Austria Greece Switzerland Yugoslavia Sweden Portugal Kazakhstan Slovakia Moldavia Latvia Lithuania Belgium Estonia Armenia Slovenia

Population in thousands 2000 2050 145 491 104 258 49 568 29 959 127 096 109 220 57 530 42 962 82 017 70 805 39 910 31 282 38 605 33 370 22 438 18 150 7 949 4 531 9 968 7 486 5 262 6 219 10 187 8 305 10 272 8 249 8 080 6 452 10 610 8 983 7 170 5 607 10 552 9 030 8 842 7 777 10 016 9 006 16 172 15 302 5 399 4 674 4 295 3 577 3 696 2 989 2 421 1 744 10 249 9 583 1 393 752 3 787 3 150 1 988 1 527

Difference in thousands

%

- 41 233 - 19 609 - 17 876 - 14 568 - 11 212 - 8 629 - 5 235 - 4 288 - 3 419 - 2 481 - 2 043 - 1 882 - 1 842 - 1 628 - 1 627 - 1 563 - 1 522 - 1 066 - 1 010 - 871 - 724 - 718 - 707 - 677 - 667 - 642 - 637 - 461

- 28,3 - 39,6 - 14,1 - 25,3 - 13,7 - 21,6 - 13,6 - 19,1 - 43,0 - 24,9 - 38,8 - 18,5 - 17,9 - 20,1 - 15,3 - 21,8 - 14,4 - 12,1 - 10,1 - 5,4 - 13,4 - 16,7 - 19,1 - 28,0 - 6,5 - 46,1 - 16,8 - 23,2

Table: Countries with the highest estimated decrease of population till 2050 Source: KABÁT, L. 2003. Základné determinanty svetovej demografickej situácie v prvej polovici 21. storočia. In: Acta oeconomica et informática 1/2003, Nitra, Slovaca Universitas Agriculturae Nitriae, 2003, p.

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Regardless to the balance of the worldwide population evolution it is important to pay attention to its regional and national aspects. Many developed countries will be confronted in the coming decades with important problems and consequences of their negative demographic development. According to official sources of the European Union in the coming decades it will be necessary to create conditions for influx of approximately 1.5-1.9 million of immigrant annually to ensure the social and demographic stability of this region.3 This way only is possible to prevent a possible collapse of the social and health care network in this region. (Kabát, 2003, p. 3) The problem of the low natality in the developed countries is a frequently discussed issue. There are two levels of a possible solution to this problem. The first, vehemently but with a little effect supported by the majority of conservative groups of population and political parties is based on the support of measures to increase the level of domestic natality. Countries are starting to actively create and support the family “population” politics. This is not a new measure; after the First World War, France decimated by the war started to award medals to women – “model citizens” for giving birth. Regardless the fact that France has one of the highest fertility index – 1.98 (Slovakia, together with Poland, has one of the lowest fertility index of the EU – One of the possibilities to balance the negative demographic development of the European population resulting from the decrease of the natural population growth is the already mentioned immigration. In 1950, the population of Europe constituted approximately 12% of the world population; the current estimate is that in 2050 it will be only 4%. To maintain the demographic stability of the European region and with the current population decrease there will be a need to balance this “interruption” with hundreds of million of immigrants. It is estimated that in 1995-2050 it will be approximately 700 million of immigrants mostly from Africa and Asia. This can result in the fact that based on such a massive immigration by 2200 Europe can be a considerably “blacker” continent. (Treanor, 2007) 3

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1.25) it strongly supports the family politics. In 2005, the Prime Minister Dominique de Villepin declared the government support of families with the goal of three children per family. He argued for a significant financial aid mainly after the birth of the third child; other measures for fulfillment of this goal, not only in France, are significant tax reductions for young families, child care services (building of nurseries, kindergartens that are either subsidized or free of charge, parental leaves, harmonizing occupation with child raising, as well as the politics of repeated integration of parents into the work life after such leave – e.g. Sweden). The second approach to the problem solution is based in the liberalization of immigration policy and in creation of social conditions for its actual realization. The current situation in Europe in regard to this approach is not uniformed and relatively sensitive, as can be seen by the recent examples. (Hoscheková, 2010). Another important factor is lowering of the mortality rate, mostly newborn and child mortality, thanks to improvement and availability of the public health care and many programs focused on lowering of the sickness rate. At last but not at least, the population ageing is caused by the extension of the life expectancy. In some countries this has been doubled in the 20th century. This growth has been the most prominent in 1900-1950 when in some Western countries the length was extended by up to 20 years. Virtually all countries are registering an uninterrupted growth with only a few exceptions in the Latin America and Africa caused mainly by the influx of death rate caused the HIV/AIDS. The worldwide average life length, according to the UN report, increased from 47 years of age during 1950-1955 to 68 years of age in 2005-2010. According to the UN SecretaryGeneral Pan Ki-Mun report, people live linger 151


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because of a better nourishment and hygiene as well as because of the improvement in the health care mainly through vaccination and medication of infectious disease and parasites. Especially, the number of children and younger people deaths is lowered. However, the older people still die because of non-transmitted chronic and degenerative disease like cancer, diabetes, respiratory and heart disease. The report urges governments to create preventive measures against these phenomena. Among them is the fight against overweight, physical inactivity, alcohol and tobacco use. Overall, the number of deaths for over 60 years of age increased from 26% in 1950-1955 to 54% in 2005-2010. (http://dnes.atlas.sk/pauza/udalosti/640871/pri emerna-dlzka-zivota-prudko-stupla ) All these demographic changes are resulting in the population ageing, huge differences in the age structure in developed as well as developing countries. There also is the question of the so called depopulation, a phenomenon that was not paid enough attention to. It is the decrease of the overall population in some countries. One of the reasons of the growing depopulation is the current trends in mortality. The World Health Organization (WHO) report (Colin D. Mathers, Doris Ma Fat, Mie Inoue, Chalapati Rao, and Alan D. Lopez, 2005, pp. 171–177) concerning the global research of trends in mortality shows the increase of mortality connected to disease even in some technologically developed countries. At the same time, differences in the life expectancy and mortality between the developed and developing countries are increasing. Data on the average life length in the Western world are far away from such data on developing countries, mainly Africa. A very specific example of the decrease of age, ageing and the “die out” of the population is Russia. In contrast to the general trend of the prolonging of the age and the decrease of mortality in developed countries and an 152

assumed population growth, the average life length in Russia was decreased by 4 years in the last 40 years – a similar problem can be seen in other 40 countries. Since 1993, the natural decrease of population in Russia is approximately 0.7-0.9 million inhabitants. In 1992-2000 the country has “lost” 3.5 million inhabitants. In 27 of Russian regions the mortality exceeds natality 2-3 times. The general trend in this country is the “super” mortality of population in the productive age, concerning mostly the male population (80%). In Russia, the increase in mortality is connected to cardiovascular disease and alcohol.4 In 2000, only 58% of males reached the average age of 60 years of age. By the mid-1990, the average life expectancy in Russia was 57 years of age for males and 70 years of age for females. This current and negative situation was addressed in 2001 by at the time President of the Russian Federation Vladimir Putin, who stated that this negative demographic development in the country is one of the key problems and requires an immediate and priority solution. Apart from the government, many state departments were dealing with this problem. (Sokolov, 2001, pp. 54-57) As observed in 2010 by the Vice-Prime Minister Alexander Žukov, the average life length in Russia (male and female together) has increased in the last 5 years by 4 years. In 2004, its level was 65.5 years of age. The average life length for Problems with alcoholism are negatively influencing the demographic situation in Russia – alcoholism was the direct cause of 3.2% of deaths in 2007 and indirectly it often leads to cardiovascular disease, that according to same years statistics caused 57% of all deaths. Alcoholism is often a cause for violent deaths which level is high in Russia – 2% suicides, 1.9% traffic accidents and 1.2% murders from all the deaths in 2007. Alcohol is often the cause of family dissolution – the main pillar of the society or nation. The fight against alcohol, violence, the reform of the traffic infrastructure can positively influence the demographic situation. (JOVIČEVIČ, R. 2010. Demografia Ruska sa zlepšuje. In: http://www.chelemendik.sk/Demografia_Ruska_sa_zlepsuje _507288898.html, cit. 27.6.2010) 4


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males is 62 years of age and for females 74 years of age, at present, this length is still lower than that in the developed countries, however, it is better than during the “Yeltsin’s democracy”. By sustaining these tendencies, and bearing in mind the positive segment of immigration, there is an assumption that the gradual process of depopulation will stop. Žukov emphasized that the state has an important role in the increase of the average age of 75 years of age in the country by 2020. He also stressed that the demographic situation in Russia was managed to stabilize in 2009. The population by the end of this year was approximately 142 million. (Rastie priemerná dĺžka života. 2010) A similar situation concerning the negative demographic development is in China as well. The current population development realized in the country in agreement with one child

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policy can cause some threats for China in economic and social sphere. The country is troubled by the problem of the population ageing and its impact on the society. The demographic threat is connected to a massive growth of productive and mainly postproductive groups of population on one side, and a decreasing share of pre-productive population on the other side caused by the one child policy. The society will change in an alarming rate to an older population. In 2010 – 2050 the population in China will increase by 275 million of people older than 60 years of age. Their share on the overall population in 2050 will be 31%, while in 2010 it was 12.3%. The share of population older than 80 years of age will be 7%, while in 2010 this share was 1.4% (see table).

AGE GROUP 1950 1980 1990 2000 2010 0 – 14 182,8 348,3 324,1 325,8 269,4 15 – 59 321,4 560,2 721,3 814,6 918,2 60 + 40,8 72,5 96,6 126,5 166,5 80 + 1,5 4,2 7,5 11,6 19,3 OVERALL 545 981 1 142 1 267 1 354

2025 262,4 905,7 285 32,3 1 453

2050 216,4 7603 440,4 101,4 1 417

Table: Development of the population in China (in million – the middle variant) Source: UN, Population division: World Population Prospects: The 2008 Revision. New York

China is the country where the working society grew most rapidly in the last 30 years. Nowadays, it will change into the country will the fastest decrease of population in the world. The growing share of post-productive population is starting to create a strong pressure in the social and pensionary system.5 Nowadays, state employees are one The annual increase of the pensionary insurance is 55 bilion dollars – this branch increases by 20% annually. A fast growth of the private sector and reform of the capital markets could support needs of those who are able to spend their finances nowadays. The state needs its own pensionary system. The current problem is that the basic Chinese pensionary system includes claims of already 5

of the few that have right for state pension and a health care coverage. Seven out of ten closed factories. According to the World Bank report the payments for its past employees almost a half of its current income. China is getting old and its current pensionary system is facing a collapse. Politicians are contemplating changes, including a fully financed scheme for cities that would be built on individual payments. They are further contemplating a change of policy for the countryside. More than 90% of old people in the countryside does not receive pension. They are supported by their children that have to travel for work. The state pensionary system is covering only urban communities and not the country communities. The new pensionary policy for the countryside will position it on the level of urban communities. In. Relácia World Business, TA3, 15.9.2010

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Chinese does not have such security – mainly the countryside population. These, when old and sick can rely only on their own savings or help of the family. In 2050 China will have more pensioners than the USA and more than 100 million of Chinese will be older than 80 years of age. The number of the productive population in China will start to decrease in 2015, this being the direct result of the one child policy of the Chinese government. This will have a massive impact on the competitiveness of China, not mentioning its ability to finance social measures. Nowadays, China is the third largest economy in the world and the income per capita rose since 1970 ten times. Contrary to other ageing countries, China experiences these changes in time when its population is still poor – 100 million Chinese are still living on less than one dollar per day. The way to tackle this demographic change will impact the prosperity and stability of the country. What are the possibilities? There is the demand to cancel the

Region Sub-Saharan Africa North Africa & Middle East South and South-East Asia East Asia Oceania Central & South America Caribbean Eastern Europe & Central Asia North America Western & Central Europe Global Total

controversial rules on the number of children, which would increase the generation of tax payers the economy is dependent on. This is a problem form the short-term perspective, since these children will not work for the next 20 years and the population will be in a serious situation and the state will have larger expenses. (Relácia World Business, TA3, 15.9.2010) HIV/AIDS PROBLEMS The World Health Organization report concerning the global research on mortality trends shows the increase in mortality connected to disease in less developed countries and even in some technologically developed countries. At the same time, the differences in the life length between developing and developed world are deepening. The average age length data of developed countries are significantly different from those of the developing countries, mostly Africa. (Kath, Shkolnikov, David, 2005)

Adults & children Adults & living with children HIV/AIDS newly infected 22,5 million 460 000 4,1 million 770 000 57 000 1,4 million 240 000 1,4 million 1,5 million 820 000 33,3 million

1,8 million 75 000 270 000 82 000 4 500 92 000 17 000 130 000 70 000 31 000 2,6 million

AIDS-related deaths in adults & children 1,3 million 24 000 260 000 36 000 1 400 58 000 12 000 76 000 26 000 8 500 1,8 million

Table: Global HIV and AIDS estimates, end of 2009 Source: http://www.avert.org/worldstats.htm

The advancement in the health care and the quality of life result in the increase of the 154

average life length and the decrease of the mortality rate worldwide. The influences of


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many mortal diseases, mainly the HIV, cause the shortening of the average life length and increase the mortality rate thus creating the global mortality divergence. The HIV infection and linked AIDS disease is the most present day grave infectious disease worldwide. This disease is an actual epidemic in many countries, or even a pandemic. Bearing in mind that regions affected by this epidemic are mostly developing countries which existence is even without this factor on the margin of survival, the results are tragic and many time worse than imaginable. AIDS epidemic6 is probably the most devastating in the history of the mankind. Although, it was first diagnosed around 1980, till the end of 2008 more than 25 million people succumbed to it. According to present statistics by the UNAIDS, in 2008 there were on average 33.5 million of people infected by HIV/AIDS. At the same time, another 2.7 million of people, including adults and children, were infected in that year. (UNAIDS, 2009) Women represent 50% of people living with HIV/AIDS in the world, but their needs concerning the reproductive health and family planning, safe birth and breastfeeding are often ignored. Almost every region is threatened and whereas in some areas it is possible the moderate the spread of the disease, elsewhere it is increasing. (AIDS Epidemie. Joint United Nations Programme on HIV/AIDS (UNAIDS) and World Health

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Organization (WHO), December 2005.) As time advances there are changes not only in the occurrence as such but in certain structural changes as well. In the beginning of the occurrence of the HIV/AIDS the mainly affected groups were urban population, men with relatively higher income; currently the epidemic is shifting from urban areas to countryside. At present, a great share of HIV/AIDS population live in the rural areas and the huge majority is extremely poor and the disease concerns women ever often. The WHO estimates that 10% of new HIV infections worldwide is connected to the drug use and less than 5% of intravenous drug users worldwide has the access to effective prevention of HIV, its treatment and care. Up to 95% of infected population lives in the Sub-Saharan Africa, Eastern Europe or in Asia. AIDS cause higher mortality than any other disease in the Sub-Saharan Africa with more than 67% of infected people living there. In the Republic of South Africa, there is the biggest number of infected people, approximately 5.7 million. The highest share of the HIV infections are in Botswana – almost 39% of the adult population, Zimbabwe – 34%, Swaziland - 33% and Lesotho – 31%. In some regions of Africa the rate of infected people is several tens of per cents. (Lupták, 2005, p. 572)

Note.: AIDS as the syndrome of the immune deficiency is caused by the human immunodeficiency virus (HIV) that is transmitted via blood and blood products, male semen and female vaginal secretion and breast milk. The most frequent transmission is through unprotected sexual intercourse with a HIV positive partner, blood transfusion or manipulation with infected blood or blood products, mother to child transmission during the pregnancy or breastfeeding. The virus cannot survive out of human fluids and cannot penetrate undamaged skin. The cause of death is not the virus per se but the accompanying diseases that the body is unable to cope with because of the immunodeficiency. In: httD://wwwilo.ore/Dublic/english/Drotecüon%av/aids/code/la nEuaees/liiv_a4_e.pdf 13.03.2007 6

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Country

HIV occurrence in population of 15-49 years of age (%), by the end of 2003

Swaziland Botswana Lesotho Zimbabwe South Africa Namibia Zambia Malawi Central African republic Mozambique

38,8 37,3 28,9 24,6 21,5 21,3 16,5 14,2 13,5 12,2

Table: HIV occurrence in population in the most affected African countries Source: UNAIDS. 2004 Report on the global AIDS epidemic. UNDP. Human Development Report 2005

Countries of the Eastern Europe and the countries of the former Soviet Union7, southern and southeastern part of Asia, China and India8 have to face the arrival of this new threat. These regions specifically are considered to be new epicenters of the disease explosion. Moreover, this problem is only dealt with marginally in these countries. On the other hand, the rate of infection is not decreased in the countries of the Western Europe and North America, mainly as the result of migration. The ever-increase of new cases of HIV infection is quickened by the illegal immigration from Africa, or the women trafficking from the former Soviet Union. (Dobrík, Hoscheková, 2009). Africa is the home for two thirds of all HIV infected people. Since, only one per cent of all African will get tested for the HIV, the risk of an infected person being among illegal aliens is relatively significant. (AIDS: stále prítomný! 2007) According the UNAIDS in 2008: e,g, in Russia there is approximately 1 million infected (1.2% per adult in the country) and in the Ukraine 450 000 (1.6%) and Estonia 9 900 (1.3%). 8 India estimates around 2.4 million, China around 700 000 case of AIDS including adults and children. (UNAIDS/WHO 2008, In: http://www.who.int/hiv) 7

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The EuroHIV center report for 2005 shows that 215 510 people have been infected in 1998 – 2005 in the European Union and 646 142 people have been infected by HIV in the European region of the World Health Organization (WHO). As the World Health Organization (WHO) warns, the crisis connected to AIDS is not forfended in Europe; the situation is problematic especially in the East of the continent. The biggest rate of HIV infection out of all European countries has the Ukraine that follows the overall trend of the neighboring countries and the Central Asia. With 100 000 new cases of HIV infection annually the whole Europe records the highest proportional growth all over the world, as stated by the leader of the HIV/AIDS program for the Europe-Central Asia region under the WHO Martin Donoghoe at the international conference in AIDS in 2010 in Vienna. The Western Europe records around 20 000 new infections annually, the number in the Eastern Europe is 80 000 and is ever-growing. Only in the Ukraine, there is 15 000 new infections annually. In the Central Europe, there are 15 people out of million infected by HIV, in Western Europe it is 72 people and in the


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Eastern Europe it is 179 people. In 2008, the last year with complete data, in the Eastern Europe and the Central Asia, there lived 1.5 million people infected by HIV what is an 66% increase compared to year 2001. In the Western and Central Europe, the most common way of transmission is the unprotected sexual intercourse, in the Eastern Europe; it is the intravenous drug use. Only 23% of Eastern European patients – the smallest number in the world – have the access to antiretroviral care. The reason for the spread of the infection is the non-existent prevention programs for drug users. (AIDS: Krízovou oblasťou v Európe je východ, predovšetkým Ukrajina) The AIDS infection is the fourth most common cause of death in the world. In 2008 the UNAIDS (the Joint United Nations Programme on HIV/AIDS) estimated that 2.0 million of adults and children died because of this disease, 1.4 million in the Sub-Saharan Africa. The number of diseases connected to AIDS has grown as well. It is mainly tuberculosis that is the most common cause of death for people infected by HIV. Tuberculosis (TBC) catalyzes the HIV to AIDS progress and 90% of HIV positive people die because of TBC within a couple of months since developing active symptoms of TBC, this is mainly caused by the missing appropriate treatment which leads to the fact that TBC is estimated to be the cause of one third of all AIDS deaths. According to U.S. Global Health Policy the number of TBC cases by HIV positive cases in the world is approximately 1.4 million. The largest rate is in the Republic of South Africa – 340 000, India – 130 000 and Nigeria – 120 000. (http://www.globalhealthfacts.org/topic.jsp?i=2 0&srt=2) The high mortality rate is connected to malaria as well, since it infects a huge number of people and the HIV virus decreases the effectiveness of its treatment. Almost 70% of all infected in the Sub-Saharan Africa are women. The highest death rate is in

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the Swaziland, South Africa and Zimbabwe. (Koník, 2008) Africa has the highest rate of teenage pregnancies and the lowest rate of girls finishing the basic school. These girls, orphaned and poor after their parents’ deaths are forced to use sex in an incredibly early age to keep them, their siblings and many times their children alive. The Sub-Saharan Africa has thanks to AIDS around 14 million orphans. Orphaned girls have a worse position since their position in the African society is lower and are more vulnerable to sexual abuse and are more likely to be infected by HIV than boys. A specific situation is in Asia, mostly China, India and Indonesia and Vietnam as these are considered as new disease explosions. Many Chinese, estimated approximately one million of poor agricultural workers, have been infected by the HIV in 1990 through transfusions of contaminated blood in the Che-nan province. In China, the HIV transmission was caused by 25% by the blood transfusion and intravenous drug use by 44%. Regardless of considerable flaws in the area of systematic data collection on the disease, it is easy to identify the relation between the spread of HIV/AIDS, higher mortality and the decreasing average life length. The epidemic considerably lowered the improvement in the survival of newborns or the estimated life length that are the main indicators of social and economic development. In the less developed countries, the mortality rate between children under 5 years of age is considerably lower if without HIV. Without the immediate care, the amount of children infected during the birth would die before reaching the first year and approximately 60% before reaching 5 years of age. According to the UN the child mortality increased in the Republic of South Africa from 62 to 74 per 1000 children in the last 10 years (1990-2000), this rate would be around 43 per 1000 children without the HIV infection. 157


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The disease is manifested in the average life length in countries strongly influenced by the disease. In the Sub-Saharan Africa, there is a distinction between the male and female average life length reversed to regular order. Since women are infected more often and in larger rates, it is manifested in lower numbers of the average women age. (World Population Prospects ..., 2006) The population growth would surely decrease. For example in the most affected Republic of South Africa the population of 48.8 million in 2008 will only increase by one million in 15 years, in standard conditions it would reach 63 million of inhabitants. Based on the example of the Republic of South Africa, it is possible to see the probable tendencies in demography of other countries with high HIV infection occurrence. There is an estimate that there will be less children born because of the casualties and the low natality between HIV positive women. Many children will die during childhood because of HIV and other affiliated diseases. The adult population will decrease because of casualties, mainly in women of 30-40 years of age and men past 40 years of age which will result in changed age structure of the population. The long incubation period of the virus, the biggest number of casualties is estimated in 10 years, after the HIV will reach its highest rate of occurrence. (Lamptey, Johnson and Khan, 2006) The infection has a huge impact in the personal, family and social life. Countries with the high rate of infected people the impact is even on the economic development and political stability. (Leading the Way: USAID Responds to HIV/AIDS. U.S. Agency for International Development (USAID), Washington 2001) The operating expenses are increasing; the productivity of labor and financial dealing is decreased. There is the increase in the expenses on the health care, care of the sick and orphaned. In the case of the Republic of 158

South Africa the expenses for the AIDS treatment in the 2003/2004 budget increased by 86% to the previous fiscal year. The line of epidemic varies in different countries, HIV primarily impacts the young generation mainly between 25-45 years of age, thus the part of population that is reproductively and economic active. According to N. Antošová (Antošová, 2006, pp. 34-36) the spread of HIV/AIDS has farreaching and society-wide consequences: The relation between the poverty and HIV/AIDS. On one hand, the poverty leads to a more frequent occurrence of the infection (financial inaccessibility of protective measures, lower education and worse access to information, inadequate nourishment and reduced immunity of organism, worse living conditions, and risky sexual behavior); on the other hand it results in lower work involvement of people infected with HIV/AIDS which results in poverty. This further leads to a worsened health condition of the infected (based on the inadequate nourishment and health care) and to death. Since the most frequent AIDS occurrence is among people in the productive age, 15-50 years of age, this economically impacts families with an infected member. From the economic perspective this leads to the increase in health care, higher sickness rate and lowered productivity of labor. A considerable increase in mortality and decrease in the average life length Dissolution of families caused by the death of one or more members, resulting in approximately 14 million of orphans. (17.5 million of children under 18 years of age) In the Sub-Saharan Africa, with more than 80%, approximately 9% of children under 15 years lost one or both parents. From the regional occurrence, the highest number is in the Republic of South Africa – 1.4 million, Nigeria and Uganda – 1.2 million and Zimbabwe – 1.0 million in 2007. (http://www.globalhealthfacts.org/topic.jsp?i=8 &srt=2) Many of these children are also HIV


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positive. Since the death of parents occurs in very early age of children the information, experience and values transmission is threatened. Parents that have died ahead of their time are unable to provide their children with adequate life experience knowledge and practices needed for survival. The changed structure of families increases the index of economic dependency of households. The result of poverty, death in the family, women are often forced to prostitution which increases the risk of infection and spread of the disease. Impact on the health care increases the infection occurrence between the health workers (in Malawi and Zambia, there is documented a 5-6 time increase of sickness rate and mortality among health workers) Lowering of school attendance. This is the reason for establishment of special schools in these regions focused on the basic knowledge and farming technology. The school attendance is used as a prevention of child labor, criminality and creation of sociopathological phenomena. A considerable problem connected to the school attendance is the infection among school teachers in Africa. In Zimbabwe, up to 19% of male teachers and 29% of female teachers is infected by HIV. Related to the HIV/AIDS problem are other problems that have either direct or indirect impact on this disease. The occurrence and spread of the disease is mainly connected to the rural character of the environment. It is stated that approximately 80% of population living in the most affected regions is dependent on agriculture as the main source of livelihood. AIDS impacts mostly the availability and quality of the work force in agriculture. The sickness of a family member usually forces the family into critical situation which influences the agricultural productivity, etc. There are programs supporting such families. The adequate nourishment is an

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important factor that lowers the probability of infection and improves the condition of sick people. That is the reason for many strategies connected to HIV/AIDS focused in improvement of agricultural systems and production of a better quality grocery. Other problems of this disease are connected to prevention and cultural obstacles in the fight against it. The prevention of the spread of the disease is based on a number of activities. Mostly, it is the realization of the seriousness of this disease and use of all appropriate protection measures. An important role is of the quality of the health care (decrease of the infection during the provision of the health care) and mainly because of the probability of transmission of the disease from an infected person to a healthy one in higher if the person is suffering from other sexually transmitted disease, or has weakened immune system. Another important part is the education about risks of HIV/AIDS connected to the possibilities of prevention. Critical is the availability (even financial) of protective measures. Another important role is that of cultural obstacles present in many countries. Those are mostly religious and cleansing rituals connected to the sexual intercourse. It is shown, that even if the knowledge on the disease, the availability of protection and knowledge of risks and consequences of this disease, these factors are huge obstacles in prevention of the epidemic. In the process of the worldwide prevention it is important to uphold and secure human rights with the focus on gender equality, decrease of discrimination and protection of the most threatened groups of population. It is important to create an appropriate environment for infected people to provide integration into society and prevention of the risk of spread of the disease. It is important, mainly in developing countries, to destroy myths about this disease, awake a general interest and provide people with enough 159


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information to protect themselves. The inclusion of all parts of society and institutions on the local or international level resulting in the adequate amount of finances needed for prevention and care. The research and development of new preventive technologies of this disease has to be a priority as well. (http://data.unaids.org/publications/ircpub06/jc1165-intensif_hiv-newstyle_en.pdf) REFERENCES 1. ABRHÁM, J. 2008. Komparativní ekonomika EU. Nakladatelství MAC. 2008. ISBN: 9788086-783-34-5 2. AIDS, tehotenstvo, bieda: pasca pre Afriku, SME, 14. 6. 2005, In:: http://zaujimavosti.sme.sk/c/2257923/aidstehotenstvo-bieda-pasca-preafriku.html#ixzz0yO0PE5Jr 3. AIDS: Krízovou oblasťou v Európe je východ, predovšetkým Ukrajina. In: http://primar.sme.sk/c/5474384/aids-krizovouoblastou-v-europe-je-vychod-predovsetkymukrajina.html#ixzz0yRdsLg00, 28. 7. 2010 4. AIDS: stále prítomný! 13.04.2007 In: http://www.euractiv.sk/zdravotnictvo/clanok/aids -stale-pritomny 5. ANTOŠOVÁ, N. 2006. Globální problémy lidstva. Ostrava: Vysoká škola báňská – Technická univerzita Ostrava, 2006, ISBN 80248-1048-4 6. BLEHA, B., VAŇO, B. 2007. Niektoré teoretické a metodologické aspekty populačnej politiky a náčrt jej koncepcie pre Slovenskú republiku. In: Sociológia 39(1), 2007, ISSN 0049-1225 7. BOLEČEKOVÁ, M. 2010. Perspektívy migračnej politiky Európskej únie. In: MIGRÁCIA – PRÍLEŽITOSŤ, VÝZVA A HROZBA. Zborník príspevkov z konferencií a seminárov Národného konventu a Európskej únii 2009. Bratislava: Ševt, 2010, ISBN 978-808106-020-5 8. Bolečeková, Migračná politika: Banská Bystrica: UMB FPVaMV, 2010, ISBN 978-80557-0044-1 9. DOBRÍK, M., HOSCHEKOVÁ, D. 2009. Nelegálna migrácia ako jedno z vážnych bezpečnostných rizík. In SRB, Vladimír, HIRTLOVÁ, Petra (eds.). Menšiny a integrující se Evropa. Kolín : Nezávislé centrum pro studium politiky, 2009. ISBN 978-80-86879-239, pp. 60 – 70.

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10. HOSCHEKOVÁ, D. 2010. Hľadanie európskej identity pre ďalšie smerovanie EÚ. In: Podoby demokracie na začátku 21. století: Evropská unie a svět. Kolín : Nezávislé centrum pro studium politiky, ISBN 80-86879-27-7, pp. 99110 11. HUNTINGTON, S. P. 2001. Střet civilizací; Praha: Rybka Publishers, 2001, ISBN 8086182-49-5, 447 p. 12. KABÁT, L. 2003. Základné determinanty svetovej demografickej situácie v prvej polovici 21. storočia. In: Acta oeconomica et informática 1/2003, Nitra, Slovaca Universitas Agriculturae Nitriae, 2003 13. KALICKÝ, J., HITKA, M.: Analýza motivácie v čase. Časopis Fórum manažéra. 4/2006. pp. 43-49. ISSN 1336-7773. 14. KATH, M., SHKOLNIKOV, L., DAVID, A.2005. World Mortality 1950-2000: divergence replaces convergencefrom the late 1980s. In: Bulletin of the World Health Organization, marec 2005 15. KONÍK, J. 2008. Veľký zabijak HIV je trochu slabší In: http://www.sme.sk/c/3998712/velkyzabijak-hiv-je-trochuslabsi.html#ixzz0yNyNH5FR 16. LAMPTEY, P.R., JOHNSON, J.L., and KHAN, M. 2006. The Global Challenge of HIV and AIDS, Population Bulletin 61, no. 1, Washington, DC: Population Reference Bureau, 2006, ISSN 0032-468X 17. LUPTÁK, Ľ. 2005. Demografické faktory a zmeny v globálnom bezpečnostnom prostredí. In: TARASOVIČ, V., ONDREJCSÁK, R., LUPTÁK, Ľ. Panoráma globálneho bezpečnostného prostredia 2004-2005. Bratislava: Inštitút bezpečnostných a obranných štúdií. Ministerstva obrany SR, 2005, ISBN 8088842-84-0 18. MATHERS, Colin D. - FAT, Doris Ma - INOUE, Mie - Chalapati RAO - LOPEZ, Alan D. 2005. Counting the dead and what they died from: an assessment of the global status of cause of death data. Bull World Health Organ. 2005 March; 83(3): 171–177. In. http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2 624200/ 19. Rastie priemerná dĺžka života. In: http://slovak.ruvr.ru/2010/01/22/3787879.html, 22.1.2010 20. ROŠTEKOVÁ, M. Transformácia vzťahov Európskej únie s krajinami Maghrebu, Energetický sektor, Banská Bystrica, FPVaMV, UMB, 2009.


SECURITY DIMENSIONS 21. RYCHTAŘÍKOVÁ, L. 2002. Úspešné starnutí leitmotiv 21. století. In: Demografie, roč. 44, č. 1, ISSN 1801-2914 22. SOKOLOV, D. 2001. Demography. THE THIRD DEMOGRAPHIC TRANSITION. In: http://dlib.eastview.com/browse/doc/3497317 23. TEREM, P. 2004. « Globalisation and its Environmental Dimension », In Vladimír Baar & Tadeusz Siwek (ed.), Globalisation and its Geopolitical, Cultural, Economic and Ecological Context, University of Ostrava, 2004, ISBN 807368-022-X. 24. TEREM, P. 2008. « Limited Reserves of Drinking Water and Questions of Environmental Security », In Vladimír Baar & Tadeusz Siwek (Eds.) Globalisation and Its Impact on Localities, Ostrava, Ostravská Universita 2008, ISBN 978-80-7368-452-5. 25. TREANOR, P. 2007. ALL 10 MILLION EUROPEANS. In: http://web.inter.nl.net/users/Paul.Treanor/nohu mans.html, cit. 29.6.2010

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26. UNAIDS 2009, November, In: http://www.avert.org/worldstats.htm 27. VAŇO, B. 2001. Populačný vývoj ľudstva. In: Slovensko 2015, Inštitút pre verejné otázky, Bratislava, p. 35 28. VESELÁ, J. 2003. Pedagogicko-demografický pohled na aktuální otázku přelidněnosti světa. In: Scientific papers of the University of Pardubice. Series D Faculty of Economics and Administration. 8, 2003, ISSN 1211-555X 29. World Population Prospects: The 2004 Revision, Population Division of the Department of Economic and Social Affairs of the United Nations, New York 2006 30. World population to 2300. Department of Economic and Social Affairs, ST/ESA/SER.A/236, United Nations 2004. In: http://www.un.org/esa/population/publications/ longrange2/WorldPop2300final.pdf

AUTHORS assoc. prof. Peter Čajka, PhD., on Department of International Relations and Diplomacy. A research field is oriented on demography, population problems, territorial and regional studies. Master's Degree “Human geography and demography” finished on Faculty of Natural Sciences Comenius University, Bratislava in 1999. Associate professor “International relations” on Faculty of Political Sciences and International Relations, Matej Bel University, Banská Bystrica in 2008. In this time vice - dean for study and development, Faculty of political Sciences and International Relations, Matej Bel University. assoc. prof . PhDr. Rastislav Kazanský, PhD. Matej Bel University Faculty of Political Sciences and Internatiol Relations Department of International Relations and Diplomacy, Department of Security Studies Kuzmanyho 1, 974 01 Banska Bystrica, Slovakia E-mail: peter.cajka@umb.sk, rastislav.kazansky@umb.sk

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (162-181)

THE CONTINUED TRANSFER OF JAPANESE SECURITY CULTURE: FROM ANCIENT TO MODERN BUSHIDŌ Juliusz Piwowarski, Ph.D. School of Higher Education in Public and Individual Security ”Apeiron” in Cracow

ABSTRACT This paper examines the unique and long-standing tradition of Japanese security culture based upon the foundation of Japan’s samurai culture and its Bushido code of honor, focusing on its ethical aspects. It also raises the issue of the usefulness and availability of FarEastern, particularly Japanese, martial arts traditions in the context of security culture. In the trichotomous categorization of ‘pillars of security culture’, with said pillars being mental and spiritual (the first), organizational and legal (the second) and material pillar; FarEastern heritage can prove especially advantageous for the first pillar.

ARTICLE INFO Article history Received: 04.01.2014 Accepted 24.07.2014 Key words safety, Budo, Bushido, martial arts, intercultural relations

Nowadays, as we experience globalization with an increasing intensity, various processes connected to it multiply and disseminate both advantageous and potentially harmful phenomena. Thus there is an increasing demand for well-prepared, comprehensive proposals detailing the building, restoring and improving multifaceted security, grounded in safety culture that has grown within a particular cultural circle1. Security is a holistic and, as it has already been mentioned, multifaceted concept. Its spectral character implies defining it not only as a desired state, but also as a particular, highly sought-after value. So on the one hand, security is a measurable condition, and on the other it is a value, which means that it 1P.

Huntington, Zderzenie cywilizacji, WWL Muza, Warszawa 2007 [The Clash of Civilizations, Simon & Shuster 2011.]

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acquires an axiological meaning. Multifaceted studies on security can be conducted through the lens of studies on the development (or regression) of safety culture. Safety culture is the entirety of material and non-material elements of mankind’s established output that serves to cultivate, reclaim and raise the level of security of certain subjects.2 The aforementioned first dimension of security has sadly been much flattened in recent years of all-encompassing commercialization, trivial materialism and idolatrous, or at times hypocritical, rather than auxiliary approach towards the law. Instructions, regulations J. Piwowarski, Fenomen kultury bezpieczeństwa; Cieślarczyk M., Fenomen bezpieczeństwa i zjawisko kryzysów postrzegane w perspektywie kulturowej, [in:] Jedność i różnorodność, red. E. Rekłajtis, B. Wiśniewski, J. Zdanowski, ASPRA-JR, Warszawa 2010; Cieślarczyk M., Kultura bezpieczeństwa i obronności, Wyd. AP, Siedlce 2010. 2


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forming imposed procedures, are created opportunistically, oftentimes too hurriedly, by frequently changed groups of people who do not necessarily identify themselves with the institutions they currently represent. The progressing multiplication of the phenomenon known in psychology as the “spectator effect,”3 which causes the self to stand apart from events and happenings, the feeling of egoism, separation, or even indifference towards the social organism, is a significant factor that is so common that it inflicts communities of civil service and uniformed services officers, which are also prone to the dispersion of responsibility connected to the spectator effect.4 This state of things has been shaped largely by totalitarianisms, but the consumerism that is presently promoted by grand capital is equally dangerous to safety culture. Public services and disposable groups5 within them are directly responsible for the level of order and security. At the same time, they may not only fail to guarantee our security, but also, in an even less optimistic scenario, they may effectively decrease, or even eradicate it completely (vide: the Kluska or Olewnik affairs). So we propose to take a closer look at one of the oldest cultures, as far as the continuity and integrity of military ethos goes: the Japanese tradition in which continuity and change as well as tradition and modernity are not viewed as mutually exclusive, but complementary instead. They are mutually E. Aronson, D. T. Wilson, R.M. Akert, Psychologia społeczna – serce i umysł., Zysk i S-ka, Poznań, p. 480. [Social Psychology (7th ed.), Upper Saddle River, NJ: Prentice Hall.] 4 Ibidem, p. 485. 5See: J. Skurej, Integracja i dezintegracja społecznej struktury w wojsku w kontekście socjologicznym, [in:] Rekrutacja do grup dyspozycyjnych – socjologiczna analiza problemu, J. Maciejewski, Literacki (ed.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2011; I. Kurasz, Grupy dyspozycyjne w strukturze społecznej. Próba analizy socjologicznej, [in:] „Acta Universitas Wratislaviensis No 3079 Socjologia XLN”, Wrocław 2008. 3

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supportive in all areas, from family and social matters, to effective administration and managing the state, to the care towards law and order.6 As a nation, the Japanese have always attached great importance to the set of military traditions which are based directly on the old, well-tried chivalric code.7 Japanese ethics and spirituality, which to a large extent have developed in the samurai class, are reflected in the honorary Bushidō code and function in the Land of the Rising Sun to this day. “We find the earliest signs of Bushidō among the warriors [who preceded samurai] known as mononofu (c. 600 BC–6 AD).”8 The shaping of the “Bushidō mentality” was strongly impacted by Prince Shōtoku (593–628) and Buddhism, which he supported, including its psychology and philosophical and social system. Shōtoku is also considered to be the author of the first Japanese, Yamato-period (250–710) constitution: The Seventeen-article constitution (Jushichijō kempō), which clearly stated that morality should precede law. 9 In the Kamakura period (1185–1333), when army administration settled into the Japanese political system and dominated it, (during this time tenno – the emperor, still nominally ruled, but the real power was held by the shogun: the commander-in-chief who was responsible for the emperor’s safety,) the Joei Shikimoku (1232) administrative code was coined.10 On B. Hołyst, Japonia. Przestępczość na marginesie cywilizacji., Wydawnictwo Prawnicze, Warszawa 1994. 7 J. Piwowarski, Kodeks młodego samuraja, „Przegląd Religioznawczy” nr 3/225, Warszawa 2007. While this article is partially based on the Kodeks młodego samuraja text, its subject matter is not limited to Budō Shoshinshū (Code of a Young Samurai). 8 F. Tanaka, Sztuki Walki samurajów, Diamond Books, Bydgoszcz 2005, p. 11. [Samurai Fighting Arts: The Spirit and the Practice, Kodansha USA 2003.] 9 M. Kanert, Buddyzm japoński, Wydawnictwo TRIO, Warszawa 2004; Por.: Kanert M., Starożytna Japonia: miejsca, ludzie, historia, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2006. 10 T. de Bary, D. Keene, G. Tanabe, P. Varley, Sources of Japanese Traditions, Vol. 1, Columbia University Press, 2001. 6

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the shogun’s behalf, the code was created by a shikken, the shogun’s regent –samurai Hōjō Yasutoki. This code persevered for as many as 635 years, until the beginning of the Meiji Reform (1867/1868), which offers one of the many examples of the Japanese tendency toward maintaining multi-century continuity and stability in the areas of tradition and safety culture. Despite some initial perturbations dealing with attempts at depreciating old tradition, the Meiji Reform adopted the letter and spirit of the samurai ethos as well. A clear sign of that approach was the breakthrough, Imperial Rescript to Soldiers and Sailors – Gunjin chokuyu, published in 1882.11 Moreover, Bushidō, or the knight’s code of a warrior – and let us not forget that not every warrior can be called a knight – in the second half of the 20th century was rediscovered as the world’s cultural heritage. After World War II the values it promotes were popularized worldwide. It is due to the wide range of varieties of Budo, or the Far-Eastern “Way” that is nowadays cultivated by millions of students on all continents who practice FarEastern, and Japanese, martial arts, including karate, ju-jitsu, and judo. The concept of Budo is connected to “spiritual disciplines leading toward self-improvement through the systematic, rigorous training in the spirit of [Buddhist] Zen philosophy.”12 At the same time, the ideas of the customary, unwritten Bushidō Code, which in fact melts Buddhism, Taoism, Confucianism and the native Shintoism in one pot, were reflected in the Japanese clan codes known as kakun, such as The Ninety-nine Articles of the Reskrypt Cesarski do Żołnierzy i Żeglarzy in an early, prewar Polish translation by Major Antoni Ślusarczyk can be found in his book, Samuraje (japoński duch bojowy), Warszawa 1939, pp. 41–44. See also: Brian Victoria, Zen na Wojnie, Kraków 2005 [Zen at War (2nd Edition), Rowman & Littlefield Publishers 2006]; Reskrypt do Żołnierzy i Żeglarzy op. cit., p. 99; The Rescript can also be found [in:] Takeshi Takagi, op. cit., p. 155–157. 12 D.F. Draeger, Tradycyjne Budō, Diamond Books, Bydgoszcz 2006 (blurb). 11

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Takeda Clan (Takeda Nobushige, 1558)13, The Imagawa Family Code14, or the Seven Commandments of a Samurai15 by Yoshida Shōin. Two treatises by two accomplished Japanese swordsmen, highly popular worldwide even today, undoubtedly contributed to capturing the spirit of Bushidō in a written, fully developed form. These swordsmen were Yagyū Munenori and Musashi Miyamoto who lived at the turn of the Ashikaga (1560–1600) and Edo (1600–1868) periods. The earlier of the two treatises, Heihō kadensho was written by Yagyū Munenori (1571–1646). Yagyū was a samurai from a samurai family of high standing, wellrenowned for their skill with a sword. He also distinguished himself in the breakthrough battle of Sekigahara (1600). In 1605 he obtained a government position, including an official title of „shōgun-ke heihō shihan”, or “the teacher of military art by the shogun’s clan.” Yagyū Munenori was very active socially and in the community, privately as well as in the public capacity, in both Japanese metropolises where the Japanese elites congregated: the imperial Kyōto and Edo of the Tokugawa shogunate. He completed Heihō kadensho, or the The Book of Family Traditions Regarding the Art of War, in 1632. At this time Yagyū was also appointed the chief of police for the whole empire: ōmetsuke. His spiritual mentor was the Buddhist monk Takuan Sōhō (1573– 1645). A member of the Buddhist community of zen rinzai, Takuan was also the spiritual advisor of another famous samurai: Musashi Miyamoto (1584–1645), a master of military art, especially fencing, an artist and, unlike Yagyū, a Buddhist recluse. Musashi took part in the Sekighara battle, but on the side that Takeshi Takagi, Rycerze i samuraje, Diamond Books, Bydgoszcz 2004, p. 51–62. [The Way of the Samurai, East & West: A Comparison of Bushi-do & Chivalry, transl. Tsuneyoshi Matsuno, TM International Academy 1995.] 14 Ibidem, p. 63. 15 Ibidem, p. 73. 13


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yielded to the Great Ieasu Tokugawa. He fought many duels, always undefeated, ever since his first fight (1596) which resulted from him accepting a challenge from a nomadic swordsman of the Shinto school. Musashi risked a great deal in this clash as the was merely thirteen years old and had no swor; yet he killed his katana-wielding opponent. In 1641, at the age of fifty-eight he completed Thirty-five Instructions on Strategy. He dedicated this treatise to daimyō Tadatoshi Hosokawa. In 1643 Musashi settled in a hermitage in the mountains and two years later, he completed Gorin-no sho, or The Book of Five Rings (1645). The same year, with his death fast approaching, Musashi completed the “twenty-one instructions for a warrior” entitled Dokugyōdō, or The Way of Walking Alone. Both Gorin-no sho and Heihō kadensho result from the influence of Bushidō among Japanese knights, along with its samurai lifestyle, everyday study and exercise, reflection and consistently practiced meditation. The spirit of samurai, associated with Bushidō, was also expressed in the written form in the Budō shoshinshū treatise (1686), The Code of a Young Samurai, or The Code of a Samurai that was closely connected to The Way of a Knight. The author of Budō shoshinshū came from an esteemed samurai clan: Taira. This treatise was written in the first half of the Tokugawa period (1686) by Daidōji Yūzan Taira-no Shigesuke (1639–1730). Members of the Shigesuke family were involved with the Tokugawa clan as early as the battle of Sekigahara at the beginning of the Edo era. As Nowakowski notes in his preface to the Polish edition of Budō shoshinshū, the longlived author of the Code “saw the reign of as many as six shoguns of the Tokugawa clan, from Iemitsu to Yoshimune. When he left the service, the mighty Matsudaira Echizen-no kami, the governor of the main lines directly

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related to the shogun, became his protector. So he learned the harsh military customs of the early Edo period… He witnessed the tragedy of Prince Asano and the revenge of the forty-seven ronins, which was regarded as a heroic example of knightly fealty and loyalty. (Both he and the leader of the Ōishi conspirators were taught by the notable theoretician of Bushidō, Yamagi Sokō)… All these experiences shaped in Yūzan’s mind the image of a ‘perfect samurai’, one who abided by knight’s rules and constantly lived shadowed by death. By the way, we must add that unlike [many] other moralists, Yūzan followed his own teachings and was even put forward as a paragon of knight’s virtues. In his writings, particularly in Budō shoshinshū, there are many references to earlier ‘knight’s codes,’ especially to the famous and surely well-known among the majority of modern successors to samurai traditions Kyūjūkyū kakun, or The Ninety-nine Articles of the Takeda Clan.”16 It is important to note here that Far-Eastern ethical codifications are essentially different from statutory law, because at their core is the prevailing spirit of honorary codes. Moral sanction, or the “loss of face,” is very severe in them. Similarly to the ever-remembered by the people of Budo17 Hagakure (1710–1716) by Yamamoto Tsunetomo18 of Kyūshū, The Samurai Code states at the very beginning that: “One who is a must first and foremost, night and day, from the new year’s morning… to the last evening of the old year, when he pays his yearly taxes – must remember he will Daidōji Yūzan Taira-no Shigesuke, Wprowadzenie do bushido, trans. into Polish D. Marczewska, Diamond Books, Bydgoszcz 2004, p. 7. [The Code of the Samurai: A Modern Translation of the Bushido Shoshinshu of Taira Shigesuke, transl. O. Cleary, Tuttle Publishing 1999.] The complete text of Kyūjūkyū kakun:Takeshi Takagi, Rycerze i samuraje…, p. 51–62. 17 Budō, while frequently equaled to Bushidō, is in fact its manual application in many varietes of Far-Eastern Martial Arts with Japanese rootp. 18 Tsunetomo Yamamoto, Hagakure: The Book of Samurai, Kodansha International, Tōkyō 1992. 16

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die. This is most important. If he will cultivate this thought within him, he will be able to live according to the rules of loyalty and filial devotion, and he will avoid countless traps and adversities. Such an attitude will keep him from diseases and disasters, and moreover, will allow him to enjoy a long life. Such a samurai will be an honest man of multiple virtues. Human life is as impermanent as morning dew and morning frost… When receiving orders, [a samurai] will treat them as though they are the last [in his life], and when he looks into the faces of his loved ones, he will do so aware that he [may] never see them again. In both cases he will offend neither [Dharma] nor his service, and his mind will be in in accord with the spirit of loyalty and filial [or paternal, depending on one’s role at any given time] piety.”19 Undoubtedly, the attitude of constant awareness of one’s impermanence is one of the pillars of Buddhist meditation, whose objective is to free the self from the slavery of mundane desires. “For one who always remembers it… will regard his every word carefully, as befitting a samurai, and [for instance] will never be dragged into a pointless squabble. No one will talk him into visiting inappropriate places… In this way, he avoids all evil and misfortunes. For everyone, regardless of their position or rank, having forgotten death, lack moderation… so much so that they die unexpectedly early [as a result]… On the other hand, one who lives long in this world, may kindle desire in himself and his greed will become so strong that he will want another’s property, and he will be unable to part with that is his… Only when one looks death in the eye, one [leads a dignified life] and does not think [excessively] about material things. Such a warrior shows no avarice and… is good of character.”20 So if a samurai has a little free time and is able to spend it peacefully, he must turn his mind to questions about death and the meaning of life. 19 Daidōji 20

Yūzan Taira-no Shigesuke, op. cit., p. 13. Ibidem, p. 14.

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Raising the quality of life by constantly preparing for a dignified passing through the gate of death – one that leads into a new stage of existence – is characteristic of the Far-Eastern approach. The message of the spiritual teachings of both East and the West inform that when the body ceases to function, life doesn’t end, merely changes. During the Edo period, Tokugawa shogun stifled civil strife in Japan, using decisive means. An age of peace dawned, and different varieties of budo could be painstakingly systematized. Also the issue of raising the level of education among knights gained in importance. The author of Budō shoshinshū emphasized the relevance of one of the merits of the Tokugawa shogunate: “Now we enjoy blissful peace in the empire, and although boys of samurai clans are not deprived of martial arts training, nor are they forced to undertake their military careers at as early an age as fifteen or sixteen.”21 According to Daidōji Yūzan, „a seven- or eight-year-old should be well-acquainted with The Four Books, The Five Classics and The Seven Military Classics, and learn calligraphy.”22 During the Kamakura period (1185–1333), and later during the Ashikaga period (1336– 1573), a young samurai would begin to learn fencing at thirteen at the latest.23 On the other hand, the Edo-period Yūzan believed that “by the age of fifteen or sixteen he may begin learning archery, horsemanship and all the martial arts, as this is the way for samurai to raise his sons in the times of peace.”24 One of the virtues most cultivated among knights was loyalty. As is said in Budō shoshinshū: “Even if a samurai is born gifted, wise, well-spoken and handsome, should he be disloyal, he will backslide soon and Ibidem, p. 16 Ibidem. 23 O. Ratti, D. Westbrook, Sekrety Samurajów. Studium o japońskich sztukach walki, Diamond Books, Bydgoszcz 1997, p. 79. [Secrets of the Samurai, Charles E. Tuttle Co., Inc. Of Rutland, Tōkyō, Japan 1973.] 24 Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 17. 21 22


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become useless.”25 For Bushidō, as Yūzan states, requires samurai to be perfect, which is based on the ability to tell right from wrong, filial love, respect and loyalty. “Filial piety” is one of the centuries-old mechanisms that establish this ability. One unable to respect the “authors of his being,” may cause trouble and behave in an abhorrent and despicable manner. An ancient Japanese adage says: “look for devoted servants [or persons] among good sons.” The emphasis on loyalty has at least trichotomous roots: Buddhist teachings (butsudō), Confucianism and certain indigenous forms of religious cult in the archipelago26. Also the native Japanese beliefs, comprised by Shinto, sanctioned hierarchy. For it is widely known that: “Shinto may refer to the veneration of family members, or kamidanu, clan, village worship, or ujigami (the veneration of a clan deity,) and finally the imperial cult – worshipping the emperor’s predecessors and shared deities of the state as a whole.”27 It is clear that in this respect Shinto has much in common with Confucianism. Shinto pays close attention to encouraging the feeling of love, good human relationships and cooperation. “The notion of filial respect and the reverence toward ancestral spirits is at the center of Shintoist concept of man. According to Shinto, the main goal of a human life is to fulfill the hopes and ideas of the ancestors.”28 Confucianist influences provided another source of a similar morality. The Confucianist concept lay at the heart of the changes which the Tokugawa shogunate underwent in the Ibidem, p. 18. See: J. Piwowarski, J. Piwowarski, Modern Bushidō. Prolegomena do jedności czterech religii w administracji i zarządzaniu według wzorów dalekowschodnich, „Zeszyt Naukowy Apeiron”, nr 1, 2007. 27 A. Tokarczyk, Religie współczesnego świata, Młodzieżowa Agencja Wydawnicza, Warszawa 1986, p. 72; Banek K., Historia religii. Religie niechrześcijańskie, Zakład Wydawniczy NOMOS, Kraków 2008, p. 251–271. 28 S. Arutjunow, G. Swietłow, Starzy i nowi bogowie Japonii, Państwowy Instytut Wydawniczy, Warszawa 1973, p. 13. 25 26

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17th century. To be more precise, thanks to the union of certain Buddhist, Confucianist and Taoist elements, this set of beliefs should be more correctly called Neo-Confucianism. “There were various schools of Confucianism in Japan. The so-called Zhu Xi [Zhuxi] school was the most common, and it also enjoyed the support of the state. It was established in Japan by Fujiwara Seika (1561–1619), who endeavored to marry Confucianism and Shintoism.”29 To gain a broader picture of the influence of the ideas being discussed, let us note that Neo-Confucianist Zhuxi initially drew from Taoist and Buddhist teachings, and became interested in Confucianism in his thirties. He was strongly inspired by the cosmological concepts of the Cheng brothers (Cheng Hao, 1032–1085, and Cheng Yi, 1033–1107) which harmonized Buddhist and Taoist ideas of treating people, and even what we consider inanimate objects, as a Cosmic Organism, one living Whole. In Japan, the teachings of General Wang Yangming (1472–1529) offered an alternative to the Zhuxi school. Wang Yangming was known as Ōyōmei in the Land of the Rising Sun. By the end of the Meiji period, at the dawn of the 20th century, Nitobe, a professor of the Imperial University in Sapporo, discussed the rules of the Code, which he considered “the Soul of Japan,” and wrote about Bushidō: “It seems to me that the Japanese spirit, as it is expressed by the simple teachings of the Shinto religion, was particularly inclined to accept the regulations of Wang Yang Ming. He developed his teachings of the infallibility of conscience to the extreme transcendentalism, and he attributes conscience not only with the ability to differentiate between right and wrong, but

29 Ibidem,

p. 57; also: de Bary W.T., Yoshiko Kurata Dykstra, Gluck C., Tiedeman A.E., Sources of Japanese Tradition, Vol. 2, Columbia University Press, New York 2001, pp. 32, 76.

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also with comprehending psychological facts and physical phenomena of nature.”30 The Chinese general Wang Yangming, also known as Wang Shouren, came from an aristocratic family and was well-acquainted with both Buddhist and Taoist teachings. He was also a capable imperial officer. He spent some time in exile where he meditated and read a great deal. These exercises led him to a high level of mental awareness, also known as enlightenment. He called his teachings shenxin zhixue, or the “science of the body and the mind.” In his concept, the two aspects of a human being: the spiritual (mind) and the carnal, were harmoniously merged in the process of self-improvement. Wang Yangming preached that “to know and to do is one thing” and that “never were there any people who would know that and did not act according to this knowledge. Those who seem to know, but do not act, simply do not know.”31 He encouraged self-betterment by exercising the mind, self-discipline and a proper moral conduct. This reminded of the possibility of a social advancement through one’s own merits, rather than only by virtue of birth. During the Edo period the samurai and esteemed scholar Nakae Tōju (1608–1648) advocated a concept related to that of Wang Yangming. Buke shohatto, or the Laws for the Military Houses (1615), offered the constitutional bases stemming from the message of Bushidō under the Edo period. The first law underlined that a samurai should systematically practice martial art and study literature alongside combat systems. Such a notion was previously introduced in the Heian and Kamakura periods, as well as in Musashi’s reference to the Way of “keiko, of hard training and sacrifice… A samurai finds his Way in the

love of two skills: bunburyōdō, the Way of Arms, and the Way of Learning. Even if he lacks the talents for either, he must work insistently… in order to master military craft… Two things are important to realize this Way: training and teaching. From China, to Japan, all who have walked this Way are called Masters of Military Law, as dictated by the heihō-no tassha tradition.”32 Under the rule of Iemitsu (1623–1651), the third shogun of the Tokugawa clan, the first article of Buke shohatto evolved slightly: “The main areas of studies should be: the way of literature, wielding weapons, kyūjutsu [archery] and bajutsu [horse riding].”33 It is notable that with bushi consistently engaged in Martial Arts training, this aspect was balanced with the study of literature, which opened the list of a samurai’s obligations in Buke shohatto. This version of the first article came into force in Japan in the 12th year of the Iemitsu rule – in 1635. Under the reign of the fifth Tokugawa shogun, Tsunayoshi (1680–1709) the first article, which is the flagship of Buke shohatto underwent further changes: “One should devote oneself diligently to literature and arms, cultivate loyalty and filial devotion, be righteous and observe good mores.”34 Paul Varley thinks that the main rules of the Bushidō Code (Sokō Yamaga Shidō, 168535 and Daidōji Yūzan Taira-no Shigesuke Budō shoshinshū, 1686) were first gathered and put into writing among the trends where Buddhism (Sūden, 1569–1633, a Buddhist priest headed the group who edited and wrote down the Articles), Taoist elements, including the yingyang school, Shinto and Confucianism interlaced. The author of this paper believes Miyamoto Musashi, Gorin-no sho. Księga pięciu kręgów, Diamond Books, Bydgoszcz 2001, pp. 24, 25. [The Complete Book of Five Rings, transl. Kenji Tokitsu, Shambhala 2010.] 33 After: D.F. Draeger, op. cit., p. 21. 34 Ibidem. 35 P. Varley, Kultura japońska, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2006 (rozdział 8). [Japanese Culture, University of Hawaii Press 1973 (Chapter 8).] 32

I. Nitobe, Bushidō. Dusza Japonii, Keiko Publisher, Warszawa 1993, p. 23 [Bushido: The Soul of Japan, CreateSpace Independent Publishing Platform 2010]; de Bary, Yoshiko Kurata Dykstra, Gluck, Tiedeman, op. cit., p. 103, passim: The Ōyōmei School in Japan]. 31 Chan Wing-tsit, A Source Book in Chinese Philosophy, Princeton University Press, p. 669. 30

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that, apart from clan codes known as kaku, which were rooted in Bushidō and kept hidden to preserve clan secrets, the first all-Japan, written form of ther Bushidō Code are Buke shohatto (1615) rather than Shidō by Yamagi Soko (1685). Keeping a militant, insular nation in line required not only a significant military strength of the power center, but also relying on skillful policy and perfect organization. It also necessitated promoting ideas that would support certain order. Hence the Tokugawas endeavored to take note of the connections between Shinto and Buddhism. The ancient Shinto religion, if treated separately, would be too strong an asset of the reigning, but not ruling emperor, which would undermine the shogunate government. In the 17th century, the wise policy of balance which the Tokugawas conducted, tended toward merging Shinto and Buddhism. On the other hand, certain common points between Shinto and Confucianism were very favorable for domestic policy, especially for building upon the basis of the Confucianist tradition of internal security under the Tokugawa shogunate. The continued transfer of ideas was relevant too. This can be categorized as finding analogies within philosophical concepts. However, besides the Confucianist social teachings, the leaders still acknowledged other philosophical and religious systems, both in the way of the individual self-improvement and for the common good. It was done in an impressive manner, without trying to depreciate any method of pursuing perfection. “Ieyasu Tokugawa’s will distinctly shows… the stress he put on religion. Ieasu wrote in it: ‘Shinto, Buddhism and Confucianism, though different in dogmas, lead to a common goal: they direct towards good and punish evil…”36 Buddhism and Taoism define s social relations in primary (family, at times sangha) 36 Arutjunow, Swietłow, op.cit., pp. 55, 56.

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and secondary groups (social classes, sanghas) as well as individual development (self-improvement, education and professional career) in a similar fashion. Merging indigenous cults with elements of Buddhism and Confucianism created a unique quality in both Japanese social life and in the progress of Japanese culture, internal security and reason of state.37 During the Tokugawa era (Edo) Confucianism played the most important part in stabilizing social relations and building loyalty, including the influence of The Doctrine of the Mean (written by Confucius’s grandson Zisi, 492– 431 BC), which Zhuxi incorporated into the Four Books for bushi to study obligatorily. A samurai learned from the Four Books: “The Master said: ‘There are five universal ways under the heavens… Between ruler and official, between father and son, between husband and wife, between the elder and younger brother and between friends. Wisdom [zhi], humanity [ren], and courage [yong] – those three are the universal virtues [de]. When practiced, they are one.”38 Adequately to those five social relations justice (born from the interaction between ruler and official), love (growing from the bond between father and son), respect (husband–wife), order (elder– younger brother) and loyalty (friends) grow. It is also worth noting that the five aspects of the social organism can interlace in various ways. For instance, a person may serve not as a public official, but rather for a particular person or a particular idea. Another example: a ruler (or a leader) treats his subjects or 37H.

Nakamura, Systemy myślenia ludów Wschodu. Indie – Chiny – Tybet – Japonia, transl. Kanert M., SzkudlarczykBrkić W., Wydawnictwo Uniwersytetu Jagiellonśkiego, Kraków 2005, p. 282, 283, 288–290, 342–343, 362, 380– 382, 394, 459, 471. [Ways of Thinking of Eastern Peoples: India, China, Tibet, Japan, Univ of Hawaii Pr, 1964.] 38 Doktryna Środka (Zhongyong) art. XX, after: Filozofia Wschodu, T. II, Kudelska M. (ed.), Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2002, p. 343. [The Doctrine of the Mean, http://pinkmonkey.com/dl/library1/book0612.pdf (05/14/2013).]

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subordinates as if they were his own children. One can also assume that a person aiming for self-improvement, as the master of his own destiny, in a way becomes a ruler working for his own good as well as for the good of his relatives and environment. This notion is reflected in the concept of teiōgaku – „instruction for the Emperor.” “The Master [Confucius] used to say, The love of learning is close to knowledge [wisdom]. Diligent practice is close to humanity, while understanding shame is coming close to valor. One who knows those three, knows how to better himself, and in knowing how to better himself, he knows how to rule the empire.”39 There are nine canons for ruling the states of the world: 1. Self-improvement: “Fasting, purification, careful regard towards one’s dress and observing modesty – this is the way to better oneself.”40 A monarch (also understood as the emperor of his own family,) thus strengthened, further grows in power by: 2. Respecting values: “Abstaining from slander and resisting beauty [in the sense of excess], when combined with appreciation for virtue [de] – this is the way to respect values.”41 Of course a value system so important for the society is first shaped in the family, hence the third canon: 3. Intimacy in the family: “Honoring one’s kin, treating them considerately, participating in their joys and sorrows – this is the way of intimacy in the family.”42 Family is the basic cell of both nation and state, which is governed by the responsible actions of its ministers that encourage:

4. Respecting state officials: “Allowing them to tend to their duties by themselves – this is the way to respect state officials.”43 The aforementioned respect, responsibility and proper seriousness are complemented by the genuine empathy of the emperor, honest conversation and advice rooted in wisdom. 5. Identifying oneself with the body of officers (placing oneself in the situation of a person holding responsibility and using one’s own experiences): “Encouraging honesty [xin], respecting their dignity and generous emolument – this is the way to identify oneself with the body of officers.”44 A good ruler’s empathy, kindness and care for people extends to the whole nation and is not limited to the elites. Hence: 6. Treating the nations as if it were the ruler’s own children: “Employing them only at the proper time and granting them fair reward – this is the way to support common people [and treat them as one’s own children].”45 The well-being of a society is based on values as well as on reliably performed services and everyday goods that are the product of both the body and the involved mind. This is the root of: 7. Supporting artisans: “Daily examinations, monthly tests and payment in accordance with their work – this is the way to encourage all artisans.”46 Understanding and tolerance aid peaceful cohabitation and the exchange of experiences. The eighth canon of ruling the empire is: 8. (Limited) leniency toward foreigners: “Welcoming them on their arrival and seeing them off on their departure [as

39

Ibidem, p. 343. Ibidem. 41 Ibidem. 42 Ibidem.

43

40

44

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Ibidem. Ibidem. 45 Ibidem. 46 Ibidem.


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things should have a beginning and an end], gifting them and showing compassion for their incompetence [in local customs] – this is the way to treat foreigners from afar indulgently.”47 Strengthening the elites on the understanding that they are friendly yet important elements at the forefront of the nation leads to the ninth canon of ruling: 9. Politeness towards feudal princes: “Restoring the families whose line of succession has been broken in order to revive a duchy that has been destroyed [in the war], bringing back order in times of havoc in order to support it in danger… - this is the way to show kindness toward feudal princes.”48 Regardless of the growing part Confucianism played in the political system of medieval Japan during the Edo period, the mentality of all social classes of the Land of the Rising Sun was strongly rooted in the spiritual elements of Buddhism. For “the followers of Buddha revere the six directions of the truth… 1) The East represents the relationship between parents and children, 2) The South is the relationship between the [Master-]teacher and the student, 3) The West is the relationship between husband and wife, 4) The North – the relations between friends, 5) Downward represents the relationship between master and servant, 6) Upward is the relationship between Buddha’s disciples.” 49 The analogy between Confucianism and Buddhism is clear: “the six quarters” in Japan refer to the Buddhist image of the six proper Ibidem. Ibidem. 49 Digha Nikāya 31, Singālovāda-sutta; after: Nauka Buddy. Wybór sutr, Wydawnictwo „A”, Kraków 2006 [The Teaching of Budda, Bukko Kyokai (ed.), Tōkyō 1987.] See pp. 224– 228 for an in-depth discussion of the six social relations. 47 48

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types of social relations. Far-Eastern religion and philosophy, cultivated – let us reiterate – not as a way to describe phenomena or speculate upon them, but directly from the perspective of one participating in what is happening, are the source of detailed instructions regarding self-improvement. In the Samurai Code we read: “There are two regulations in Bushidō: ordinary and extraordinary, and they are comprised of four parts. The ordinary one is divided into two sets of law regarding people holding offices and soldiers, whereas the extraordinary is divided into regulations about the army and conducting battle.”50 According to the ordinary regulations, samurai of higher ranks are obliged to maintain good hygiene, appropriate, tidy appearance and dress. It was also their duty to observe etiquette and devote their free time to expanding their knowledge and skills by reading and calligraphy. Studying the recommended literature meant reading Sishu: The Four Books. A part of them was the Great Learning (Daxue) by Zi Si, which taught bushi about the essence of order: both internal and in their environment. They endeavored to be “true” by purifying their hearts and minds, and broadening their knowledge. All this was supposed to cause personal maturity that would allow for a harmonious order in the family, duchy and empire. In The Doctrine of the Mean Zhongyong – Zi Si frequently cites Confucius’s remarks on the rules of achieving perfection. The essential elements of self-betterment are: moderation, honesty (associated with naturalness, cheng), morality. All these lead to enlightenment (ming) of the individual and to order, balance and well-being in society. The Analects, or Lunyu in turn are a valuable record of Confucius’s conversations, put down by his students. Mencius, or Mengzi states (as it is in Buddhism,) that man is naturally good, and the four origins of virtues: commiseration, 50 Daidōji

Yūzan Taira-no Shigesuke, op. cit., p. 21.

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shame, reverence and respect, as well as the discriminations of what is right, allow him to develop his benevolence, righteousness, propriety and wisdom.51 Mencius’s work favors the two former out of the four virtues affirmed by Confucianists. A samurai’s obligatory reading also included Wuijing, or The Five Classics, which comprised: Classic of Changes (Yijing), Book of Documents (Shujing), Spring and Autumn Annals (Chyunqiu), Classic of Poetry (Shijing), and Book of Rites (Liji). Budō shoshinshū also recommended reading seven classic military texts: The Art of War, Methods of War, Six Secret Teachings, the writings of Wun-tzu, the writings of Wei Liao-tzu, Three Strategies and Dialogues by T’ang T’ai tsung and Li Neikung. In his instructions, Daidōji Yūzan emphasized that diligence should be applied not only to Martial Arts, but also to education. So “if [a samurai] serves at his post, at his leisure he should not waste time and be idle, but rather read, practice calligraphy, fill his memory with ancient history and the laws of martial clans.”52 Self-improvement defined in this manner was also motivated by prospective practical gain. One Confucianist says: “Noble men of ancient eras practiced these teachings, and those who lived in later eras followed their lead. This is the essential part of examining things, gaining cognition, gathering multiple pieces of information [in order to synthesize them]: to face all circumstances. In this way man does not remain at the surface of things but grasps them. Without this transfer, if one wished to explore each thing thoroughly, wouldn’t he be like someone whose goats dispersed and got lost because he had too many roads before him?”53 Księga Mencjusza (Mengzi.), 6a:6, tłum. Wójcik, [w:] Filozofia Wschodu”, T. II, op. cit., p. 354 [Mencius (Mengzi), Book 6, chapter 6, http://nothingistic.org/library/mencius/mencius42.html [(5/14/2013)]. 52 Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 21. 53 Filozofia Wschodu, T. II, op. cit., p. 371.

The body and mind of bushi were exercised both by a book and ink brush, and by practicing kenjutsu (fencing), kyudō (archery), bajutsu (horse riding) and firing the musket, as the other part of these regulations instructed. This was meant to cause self-discipline and self-confidence, because “a samurai finds his Way in the love of two skills: bunburyōdō, the Way of Arms, and the Way of Learning.”54 According to Yūzan samurai are also officials of a particular kind, who in times of danger and havoc “lay down their ceremonial robes, put on their armor and take up weapons…”55 This ability to adapt to hard, changing conditions and circumstance, owed to comprehensive education and exercise, was highly valued in the Confucianist concept of the world and society. In this concept: “Man has a natural ability to feel and adapt to circumstance harmoniously. The requirement to adjust to circumstance, to merge with the situation, means harmonious actions undertaken at an appropriate time. Only such behavior can be effective. To be at the right place at the right time is a skill of a sage who stands in the middle: between Heaven and Earth and as he listens to Heaven, he co-creates the world.”56 And this is how The Doctrine of the Mean (listed among bushi’s obligatory reading) portrays a sage who is to serve as a model for a samurai: “he has wisdom, shrewdness and knowledge… his strength, reliability and determination allow him to persevere; his orderliness, seriousness, maintaining the Way of the Mean and propriety allow him to gain reciprocity; his culture [wen], custom [li], refinement and insight allow him to make discriminations. All-encompassing and broad, deep and ever active like a stream, he

51

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Musashi, op. cit., p. 24. Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 22. 56 A. I. Wójcik, Konfucjanizm, [in:] Filozofia Wschodu, T. I, Szymańska B. (ed.), Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2001, p. 349. 54 55


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succeeds each time. As all-knowing and great as heaven… he is revered by all.”57 To gain respect among one’s peers and to achieve a high status in the security system of the bakufu era a samurai had to know the rules of the extraordinary regulations and to have strength, however, which is important, not only external strength (chikara). A samurai utilized his internal energy (k’i) which was necessary not only for fighting, but also for self-improvement and the ability to fulfill the role of a leader. Japanese bushi based their strength on an inner foundation that was spiritual and inspired by the teachings of Buddha. Hence, as Daidōji Yūzan says, “since the ancient times it was customary for samurai to become recluses.”58 Separation, meditative training and contact with nature helped find this special kind of inner power which allowed to make brave decisions and to take effective action in the face of a choice between right and wrong. In Mencius the author stresses the ability to make such a distinction and choices that stem from it: “the discriminations of what is right are the beginning of wisdom [zhi].” According to Yūzan, “anyone who accepts these distinctions and still commits evil, is not a decent samurai but rather a common boor.”59 The main factor to blame for that is the lack of self-control; however, at the root of this vice lies cowardice, the one defect that completely discredits a bushi. A true samurai cultivates his fighting spirit every day. His every step is an exercise in consideration. For a true knight, to live on the edge of life and death is to celebrate everyday life far from casual mediocrity. It should be noted that a warrior’s fearlessness (yūsha) is not to be confused with primitive audacity, “because courage is revealed not only when a man puts on an armor, grabs a spear into his hand and goes into battle. One can learn his virtues while he Ibidem. Yūzan Taira-no Shigesuke, op. cit., p. 23. 59 Ibidem, p. 26. 57

58 Daidōji

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leads a normal life. ... [Whereas] strict selfcontrol is the source of [true] courage.”60 When it comes to virtue, “Bushidō holds three basic values: loyalty, integrity and courage... – only the one who possesses all these qualities truly is a high-class warrior”61 In one of his Analects, Confucius says: “Zi Lu said: ‘Should a noble man hold bravery in the highest regard?’ The Master replied: ‘A noble man considers righteousness the greatest virtue… If a boor is brave, but lacks righteousness, he becomes a villain.”62 From these key elements of the samurai ethos: loyalty, integrity and courage, stems respect, which when nurtured inside, manifests itself in the proper etiquette and simple, yet refined manners that result from it. In his introduction to the Polish edition of Budo shoshinshū, Nowakowski says that in the context of neo-Confucian “respect” (ching), also translated as “seriousness”, means an authentic and full commitment to the accurate completion of one’s mission, goals and obligations. This is how the master swordsman, Miyamoto Musashi, understood it as well: “A respectful man approached his designated work with focus and would not allow anything else to distract him.”63 Regardless of exploring skills and military expertise, including those necessary in times of peace, samurai should delve into the depths of tactics. This even applies to lowranking soldiers, because many of those “who started modestly, like Hideyoshi or Tokugawa Ieyasu the Great, then gained fame as the Ibidem. Ibidem. 62 Dialogi Konfucjańskie, 23, tłum. Wójcik, [w:] Filozofia Wschodu”, T. II, op. cit., p. 331. [The Analects of Confucius, 17:21, translated by A. Charles Muller, http://www.acmuller.net/con-dao/analects.html (05/14/2013).] 63 Yagyū Munenori, Sztuka wojny rodu Yagyū, Diamond Books, Bydgoszcz 2005, p. 133. [The Life-Giving Sword: Secret Teachings from the House of the Shogun, transl. W. S. Wilson, Shambala 2012.] 60 61

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finest generals and rulers of districts and provinces... and even now [under the Tokugawa], I believe it is not entirely impossible for an insignificant vassal to become a leader of an army. What is more, by learning martial arts, a capable one will be wiser, while even a fool will gain a modest understanding. Therefore, no samurai must shy away from learning.”64 When it comes to home management style and economy, a samurai should be meticulous, thrifty, live in simplicity and avoid luxury. However, in order to maintain a full balance, one should avoid avarice, which, as Yūzan states, “is despicable in a samurai... Because if someone prefers money over duties and is parsimonious with his spendings [for example, on military armor], he will not forfeit his life, which is far more valuable, for ‘the cause.’ Therefore, old people in China say that extreme parsimony is considered synonymous with cowardice.”65 Each bushi should possess such military equipment as is appropriate for his rank. “Should one rely on haste or improvisation in this respect, it would be an obvious sign of negligence that would only elicit contempt. ... [A samurai] should take care of his gun, for fear of public shame if not for anything else.”66 As for one’s comrades in arms, Yūzan advises to refrain from any criticism, because it is easy to make a mistake that may contribute to future duplicity. And for a samurai, duplicity is out of the question as a true bushi is an honorable person. Duplicity weakens not only the effectiveness and security of mobile combat teams, but also the social organism as a whole. Honor manifests itself in matters large and small. It is for this reason, among others, that the saying quoted in Budo shoshinshū was coined: “Even a hungry samurai uses a toothpick.” Being honorable also requires prudence, so should a samurai Yūzan Taira-no Shigesuke, op. cit., p. 38. 65 Ibidem, p. 47. 66 Ibidem, p. 50.

be presented with a special task by his superior, said samurai ought to give serious consideration as to whether or not he is truly able to fulfill that task. Furthermore, a considerate bushi avoids familiarity in his friendships as it easily leads to inelegant and irresponsible behavior. “Roughly speaking, too close a friendship with someone he likes is inadvisable in a samurai... if their relationship will be based on [intimate] friendship, they can quite easily forget their stations, and then they might begin to act in a manner unbecoming of their class and unceremonious, and even nonchalant. During conversations ... [also in the presence of company] they might address one another in too informal a manner. At one point they will be the closest friends in the whole world, and in a moment they will become enemies for some frivolous reason. Later they might be reconciled – without the aid of a traditional peacekeeper – but that's beside the point. Such a despicable lack of dignity [and decency, or personal culture, that is related to it] shows that even though someone may look like a samurai on the outside, his mind remains that of an ordinary [simpleton] mercenary.”67 A friendship should be steadfastly cultivated and grown over the years by proper distance and mutual respect, coupled with loyalty and deference. As a military man and a public figure at the same time, a samurai was required to “keep order and ensure the peace and security for all three classes of society. Hence, even the most inferior of samurai should never [wrongly] use violence or commit injustice against the citizens. He must not require more fees from the peasants than is customary… He is not allowed to buy things and make buyers wait for their money… He must be sensitive to other people’s lot, understanding towards the peasants living in his estate, and caring towards craftsmen… Samurai, whose duty it is to punish thieves and robbers, must

64Daidōji

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67

Ibidem, p. 55.


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not walk the path of wickedness.”68 Here the author of Budo shoshinshū alludes to the nine codes of government depicted in The Doctrine of the Mean (self-growth, respecting values, family intimacy, deference to officials, identifying oneself with the body of officers, treating the nation as one’s own children, supporting artisans, indulgence for foreigners, kindness)69, extended – by the concept of teyogaku – to the conduct of each member of the samurai security systems administration, from the highest, to the lowest level of social stratification. One element that significantly fortifies the mind and morality of a bushi “for his own benefit and the strengthening of spirit” is reading old chronicles that praise the deeds of heroes, and pondering the means to gain a great fame that would last well into future generations. It is also beneficial to associate oneself as often as possible with people of lofty goals. Good example, reflection and resolution reflect in shaping one’s own strong and noble attitude. “So then think carefully – Yūzan advises the samurai – if you have to die, try to do something great beforehand. Something that will amaze both your friends and your enemies, and make them mourn your death… Leave your glory for the future generations.”70 With motives like these and for the sake of the service, a warrior, or a member of a disposable group, should accept even those whom he privately dislikes and cooperate properly with them. In turn, one should conscientiously avoid or remain extremely careful of evil people. A knightwarrior is very different from a soldier-warrior. There is a Chinese adage about the latter:

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“You don’t make a nail from good iron, nor a soldier of a good man.”71 Yūzan claims that there are two kinds of soldiers, both formally and morally. The first group includes squires (chūgen) and servants (kobito). The second group are bushi, or knights. The aforementioned adage states about them: “as is the cherry blossom among all flowers, so is a bushi among all people.”72 It is said so because: “A bushi – a knight who is on duty – is very different [from mercenaries selling their work], because even his life is his service. Moreover, his master is a servant and vassal as well, albeit on a larger scale, because, in accordance with his rank, he must also follow the ruler’s orders in case of problems in the country… For this purpose, even in times of peace, he maintains a large number of samurai.”73 Here one might pose a question: do the current uniformed forces that have sprouted all over the world and draw from the tradition of honor (or at least their cadre does), belong to the former or the latter group? And another one: which of these would we prefer to have as the guardians of our peace? One more question: do we expect honor just from others, or do we also apply the same noble criteria to ourselves? In this context it seems inevitable to evoke the Imperial Way, which stems from the educational method that was used in samurai families, and successfully shaped the bushi nobility – the strength of which was such that it elevated even the poor to the top. Consider the examples: Toyotomi Hideyoshi and the poor samurai Matsudaira, later known as Tokugawa the Great, who both rose from Baka E., Dao Bohatera. Idea samorealizacji w chińskich wewnętrznych sztukach walki, Kraków 2008. 72 After: Norman F.J., Japoński wojownik, Diamond Books, Bydgoszcz 2006, p. 24. [The Fighting Man of Japan: The Training and Exercises of the Samurai, Archibald Constable&Co., London 1905.] Also includes the explanation of the difference between warriors and knightwarriors. 73 Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 59. 71

68 Ibidem,

p. 58. 69 See: Filozofia Wschodu, T II, op. cit., 342, 343. 70 Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 59; Yamamoto, op. cit., relates a story of a self-scarifying samurai who saved a valuable genealogy book of the Soma clan from a fire. He entered a blazing building and hid the genealogy inside his own stomach, which he cut open for that very purpose.

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common people. This brings to mind the idea of teiōgaku (tennōgaku), a samurai upbringing of a ruler (Emperor), and an important part of it that is illustrated by a letter from Taira no Shigemori (1138–1179) to his father Taira no Kiyomori: “I have recently read in Shinjikankyo [The Contemplation of the Mind Sutra] that the first kind of compassion is the compassion of Heaven and Earth, the second – that of the King, the third of one’s parents and the fourth and final: of all beings. When we know this, we become human beings; when we do not, we are demons and animals. Among these four the compassion of the Emperor is the most important.”74 The idea that the compassion of the Emperor is reciprocated by the compassion of the people probably originates from the Indian Emperor Ashoka, who combined the notions of Hinduism (Brahmanism) and Buddhism.75 Therefore the latter group is under singular obligations that are bound both to war and direct combat, and to times of peace which require (re)building, creativity and order. Yūzan compares an official to new white clothes. As a knight and an official, since his youth a samurai must exercise the habit of maintaining kihon – proper, clean bases. The author of Budo shoshinshū warns that it is much easier to wash the dirt from clothes than from the human heart. Clothes may experience different types of stains. In such cases, one must possess the skill and choose appropriate measures for their elimination: “It is quite similar with the heart of a samurai. Here you have to be skilled at articulating the three virtues: loyalty, duty, and courage… Some stains disappear under the influence of fidelity, others with perseverance, but there are some that even loyalty cannot remove. If this happens, add courage and wash them intensely, and eventually they will come off.

74 75

H. Nakamura, op. cit., p. 452. Ibidem.

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And this is the deepest secret of purifying the heart of a samurai.”76 The Code of the Samurai points out that “however Bushidō is mainly and understandably associated with fighting, not one of you [bushi] may settle for that alone.” 77 It is a nonsensical way of thinking characteristic of, as Yūzan calls him, a simpleton-warrior . The mind of a samurai is able to find balance and solace in the art of poetry or in exploring the intricacies of the tea ceremony. According to Yūzan, all eminent bushi recognized by history as great warriors wrote poems. The Far East has an incredible ability to transform basically any activity into a form of art, a fact evidenced by, inter alia, the tea ceremony, flower arranging, the art of cooking, as well as Martial Arts. “Taoists have become known as masters and great teachers of treating practical skills in such a way. They were the ones to teach how to shape the spirit while developing manual skills. Confucius [also] valued practical skills and activities… when you take a closer look at this training of virtues and morals, at its core it is just that: the art of self-making by achieving excellence… In the East, whatever it is you train, in you are a Master you will always aim for one thing: spiritual perfection of a self-making man. It is so with every sage, be it Taoist, Confucian, or Buddhist.” 78 What is creative about art at its beginning is not a blind freedom, but rather discipline. As Musashi states, “So you temper your body [and mind] every morning, you build your form every evening, smoothing the shortcomings, in order to later liberate yourself from the restraints of learning and become responsible for your own actions. From now on, the uncommon charm of Nature and the ever so strange influence of all-permeating contemplation are yours. And therein lies the 76 Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 85. 77 Ibidem, p. 124. 78 A. I. Wójcik, Konfucjusz, PAN, Oddz. w Krakowie, Kraków 1995, p. 45.


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meaning and the fruit of exercise, as well as the implementation of the Law.”79 The concept of Bushidō, both ethical and relating to administration and safety management, as it is described above, is mirrored in many records, firstly in oral communications, and later in clan codes that constituted valuable treasures of eminent military clans and were protected by an order to maintain secrecy. Of course, there are also older records based on the idea of Bushidō, or even ones that coform this concept as they arose within the “culture of Bushidō.” Specific traces of this type date back to the early history of Japan, with an important turning point of the advent of writing to the islands; writing that was brought along with Buddhism. Among the authors and works relating to the history of Bushidō that come from the period since the beginning of supremacy of the shogunate and the samurai class (that is, from the Kamakura period: 1185–1333), the ruthless and stoic Kata Kiyomasa bushi (1562–1611) stands out, who distinguished himself in battle at the tender age of 18.80 During the Korean campaign led by Hideyoshi he was dubbed a demon by the locals as in his free time he would go hunting for tigers, with only his spear for company. Kiyomasa formulated and wrote down brief instructions in the spirit of Bushidō for the samurai reporting to him (16th century). Among other things, they oblige bushi to exercise their skills in warfare daily and despite their brevity, they explicitly encourage reading and learning (in as many as two out of the eight points). Modest food, simple clothing and avoiding dissolute distractions under severe penalties complete the instructions offered in the manual. Codes like aforementioned The Ninety-nine Articles of the Takeda Clan or the One Hundred Articles Musashi, op. cit., p. 63. After: http://www.aikido.itu.edu.tr/yazikar/Bushidōhistory_(a) polf&ei [02/20/2009].

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by Tokugawa Ieasu, carry a considerable load of both concrete guidelines and spirituality. To this day, they serve as the proper record of Bushidō in its devotion and morality on the one hand, and on the other, as inexhaustible resources for building management theories in practical applications and academic deliberations alike. Nowadays, the phenomenon of “Modern Bushidō” has arisen and can be observed in Japanese culture as a whole, as well as in the scientifically studied phenomena of visionary businesses or in dozens of books on the contemporary use of Bushidō and its oriental sources by Boye Lafayette De Mente (b. 1928), who has conducted participant observation in the Japanese Islands for more than fifty years (among others, he was a member of U.P. Navy Intelligence, 1946, in Japan). Kyūjūkyū Kakun, or The Ninety-nine Articles of the Takeda Clan, which is the code of the Takeda family that was formulated in 1558, concludes with a sentence: “The aforementioned rules must not be blindly distributed among outsiders. This is my will. Two times five equals ten. Two plus five equals seven. In this lies the secret of the Takeda family.”81 For this reason, to satisfy the needs of a structure much larger than a clan: the state, or the Land of the Rising Sun under the rule of the Tokugawa shogunate, another code inspired by Bushidō was put forward: Buke shohatto (The Laws for the Military Houses). This code was the foundation of the concept of administration and safety management since the beginning of the Edo period. It was commissioned by Ieyasu Tokugawa and written “in 1615 by Sūden, a priest of Zen Buddhism, in collaboration with other scholars.”82 It had a distinctly state-building rather than clan character. The years 1632

79 80

Takeshi Takagi, op.cit., p. 62. D.F. Draeger, op. cit., Tajemnice Budō, Diamond Books, Bydgoszcz 2006, p. 20. 81 82

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and 1645 gave Japan Heiho kadensho by Yaygū and Gorin no sho by Musashi. 1685 is the year when a briefly worded set of rules for Bushidō (Shidō) was proposed by the aforementioned scholar and samurai Yamaga Soko (1622–1685). His text consists of six parts: 1) Obligations, 2) Disposition, 3) Talent and work on one’s own character, 4) Reflections, 5) Seriousness, 6) Moderation in everyday life. Yamaga Soko, a practitioner and theorist of Bushidō thought that a samurai was a paragon of all virtues for all social classes living in the Japanese archipelago: “It is the task of a samurai to consider his place in life, to serve his master truly, if he has one, to deepen his loyalty to his friends and place duty above everything else, while maintaining appropriate caution.”83 When it comes to building management systems and security management, one of its key ethical and legal elements is the concept of duty. Duty is raised to the highest level by appointing it with a selfrealization aspect. It also reaches the highest degree of motivation and internalization, which follows motivation. This feature eliminates the notion of duty as something foreign, imposed by the bureaucracy and secondary in relation to the stand-alone security system. The very system of beliefs and attitudes that, to a large extent, coincides with the adopted and, in certain situations, manifested value system. “The fact that the essence of Budō can be equated with the ethical code of the traditional warrior has been repeatedly confirmed by the military intellectuals of the Edo period, for example by Daidōji Yūzan, who wrote Budō shoshinshū in 1686. In this way, the spiritual and ethical concepts developed for warriors became parts of traditional Budō,”84 and thus de B. Tsunoda, Sources of Japanese Tradition, p. 399; after: Varley P., op. cit., p. 204 84 D.F. Draeger, Tradycyjne budo, pp. 31– 32. 83

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part of the modern Japanese philosophy of security. They have also transitioned to the subsequent, current stage of the cultural development of the Land of the Rising Sun, and with it, to the global culture of the 20th century. However, before that happened, extensive efforts were made to modernize Japan during the Meiji era. The values and the material culture that were largely created by the samurai – their very existence – were seriously compromised during this period. Despite certain dangers of the Meiji era, whose strategic goal was to put Japan in the global forefront in many areas of economy, technology, science and military, this period bore yet another concise and authoritative record of the current version of Bushidō. It was penned by the Emperor himself, and was addressed to the entire population of Japan. Yet, a little earlier a needless thing occurred, that is the strong infection of the samurai culture by the virus of the Western imperialism, with its insatiable “oversize”, and the attributes of early globalization, characterized by militarism and aggression in business, the desire to conquer and Machiavellianism dressed as praising progress. The mission of Minister Iwakura Tomomi (1825–1883) illustrates it clearly: “…the real purpose of the mission was to see the West with our own eyes, to learn about progress and modernization, and then to direct the development of Japan… The members of Iwakura’s mission noted that Western countries did not carry out the process of modernization through mutual cooperation, but through a constant struggle for wealth and power, which resulted in a bitter and sometimes violent rivalry between the states.”85 In time, the indiscriminate fascination with the West began to give way to more moderate approaches which directed the Japanese to choose what was best of both worlds: the Eastern and Western civilizations. Let me reiterate that they began to reason and 85

P.Varley, op. cit., p. 233.


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talk as follows: “We recognize the strengths of the Western civilization… First of all, we appreciate Western science, economy and industry. However, they should not be accepted just because they are Western; they should only be introduced when they can increase the prosperity of Japan. So let us not try to impose short-sighted xenophobia, but rather to empower our national soul in the spirit of brotherhood.”86 After a period of rapturous admiration for the Western modernity at the beginning of the modernization of Japan, the elites quickly came to their senses and the policy of discrediting the samurai tradition, so meritorious and deeply rooted in philosophy and religion, was discontinued. The main factor in putting this process into motion was the attitude of the Emperor who was also the main leader. In the fifteenth year of the Meiji reforms (1882) the ruler of the modern Yamato presented The Imperial Rescript to Soldiers and Sailors, which is a cornerstone of the continued cultivation of Bushidō. 87 The analysis of the text suggests that it was based largely on Budō shoshinshū. Thus the samurai ethos, now known as the Modern Bushidō, became the official interpretation for the education and conduct of all social classes in Japan. The bushi have always epitomized desirable qualities sought by all members of the Japanese nation, so the Emperor’s Message offered a clear and straightforward signal that the universally accepted, steeped in spirituality, moral values that were praised in The Seventeen-article Constitution by Prince Shōtoku (7th century)88 and his successors, would still be supported and cultivated, alongside the modernization of the country. As Fumon Tanaka puts it, the spirit of Bushidō C. Gluck, Japan’s Modern Myths: Ideology in the Late Meiji Period, Princeton University Press, 1985, p. 222. 87 Reskrypt Cesarski do Żołnierzy i Żeglarzy, op. cit. 88 E.g.: Kanert M., Buddyzm japoński, Wydawnictwo TRIO, Warszawa 2005; also Varley P. , op. cit., p. 25. 86

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survives, and the “martial arts have become part of the culture and are regarded with the respect accorded to science.”89 He reminds us that “the allure of a warrior lurks in his constant readiness to make the supreme sacrifice. A bushi was well mannered and expertly wielded his weapon, but there was nothing of a killer in him. In case of a sudden danger he was able to calmly assess the situation. This is the peace of mind and the merging of the love of beauty of life, as well as [the life-giving qualities of contemplating the importance of] death, that was the essence of each samurai’s existence and that gave the martial arts their true meaning.”90 To this day, the notion of Bushidō survives, in spite of the turmoil of war and political changes which Japan underwent since the mid 20th century. The spirit of Bushidō is still carefully cultivated, albeit often in a different way. It remains an invigorating theme for a holistically conceived social organism, with its wide spectrum of areas, from economics and ecology, political philosophy, a safe and creative growth of the individual, sociological phenomena relating to groups of people, to the philosophy of safety and safety management in its latest form. This creativity accepts both stability and change, tradition and modernity. It is shaped as a deep, system-based process. This process is also rooted in the Japanese concept of karada de oboeru – “learning through the body,” derived from the Way of the Warrior – Bushidō. “What distinguishes the samurai is the heihō way which they follow and which originates in the sense of duty to prevail over others in all areas… This is achieved by practicing many virtues in the [noble] service of heihō... It seems to me – as Musashi says – that people [mistakenly] believe that learning law and tactics is useless in practice. And that is why two things are so important [both once and 89 90

Tanaka, op. cit., p. 14. Ibidem, p. 14.

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today] in order to realize this Way: training and learning, so that the knowledge of [the law and the law-based] tactics would prove beneficial at any time and in all matters.”91 With these words of a Buddhist recluse and an exceptional swordsman, Miyamoto Musashi one can sum up the history and the timeless relevance of the Way in question – from its ancient version, to the contemporary applications of Bushidō. As it is perhaps the most valuable lesson to draw from the constant presence of Bushidō in Japanese culture: it shows the advantage of continuity over rupture, evolution over revolution, learning creatively from tradition over disregarding it. In a way, Bushidō teaches us the merit of memory.

REFERENCES 1. Huntington P., Zderzenie cywilizacji, WWL Muza, Warszawa 2007 [The Clash of Civilizations, Simon & Shuster 2011.] 2. Piwowarski J., Fenomen kultury bezpieczeństwa; Cieślarczyk M., Fenomen bezpieczeństwa i zjawisko kryzysów postrzegane w perspektywie kulturowej, [w:] Jedność i różnorodność, red. E. Rekłajtis, B. Wiśniewski, J. Zdanowski, ASPRA-JR, Warszawa 2010; Cieślarczyk M., Kultura bezpieczeństwa i obronności, Wyd. AP, Siedlce 2010. 3. Aronson E., Wilson D. T., Akert R.M., Psychologia społeczna – serce i umysł., Zysk i S-ka, Poznań, p. 480. [Social Psychology (7th ed.), Upper Saddle River, NJ: Prentice Hall.] 4. Skurej J., Integracja i dezintegracja społecznej struktury w wojsku w kontekście socjologicznym, [w:] Rekrutacja do grup dyspozycyjnych – socjologiczna analiza problemu, J. Maciejewski, Literacki (ed.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2011. 5. Kurasz I., Grupy dyspozycyjne w strukturze społecznej. Próba analizy socjologicznej, [w:] „Acta Universitas Wratislaviensis No 3079 Socjologia XLN”, Wrocław 2008.

91

Musashi, op. cit., p. 24.

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6. Hołyst B., Japonia. Przestępczość na marginesie cywilizacji., Wydawnictwo Prawnicze, Warszawa 1994. 7. Piwowarski J., Kodeks młodego samuraja, [w:] „Przegląd Religioznawczy” nr 3/225, Warszawa 2007. 8. Tanaka F., Sztuki Walki samurajów, Diamond Books, Bydgoszcz 2005, p. 11. [Samurai Fighting Arts: The Spirit and the Practice, Kodansha USA 2003.] 9. Kanert M., Buddyzm japoński, Wydawnictwo TRIO, Warszawa 2004. 10. Kanert M., Starożytna Japonia: miejsca, ludzie, historia, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2006. 11. de Bary T., Keene D., Tanabe G., Varley P., Sources of Japanese Traditions, Vol. 1, Columbia University Press, 2001. 12. Reskrypt Cesarski do Żołnierzy i Żeglarzy in an early, pre-war Polish translation by Major 1939, pp. 41–44. See also: Brian Victoria, Zen na Wojnie, Kraków 2005 [Zen at War (2nd 13. Draeger D.F., Tradycyjne Budō, Diamond Books, Bydgoszcz 2006 (blurb). 14. Takagi T., Rycerze i samuraje, Diamond Books, Bydgoszcz 2004, p. 51–62. [The Way of the Samurai, East & West: A Comparison of Bushi-do & Chivalry, transl. Tsuneyoshi Matsuno, TM International Academy 1995.] 15. Daidōji Yūzan Taira-no Shigesuke, Wprowadzenie do bushido, trans. into Polish Marczewska D., Diamond Books, Bydgoszcz 2004, p. 7. 16. Tsunetomo Y., Hagakure: The Book of Samurai, Kodansha International, Tōkyō 1992. 17. Ratti O., Westbrook D., Sekrety Samurajów. Studium o japońskich sztukach walki, Diamond Books, Bydgoszcz 1997, p. 79. [Secrets of the Samurai, Charles E. Tuttle Co., Inc. Of Rutland, Tōkyō, Japan 1973.] 18. Piwowarski J., Piwowarski J., Modern Bushidō. Prolegomena do jedności czterech religii w administracji i zarządzaniu według wzorów dalekowschodnich, „Zeszyt Naukowy Wyższej Szkoły Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie, nr 1, 2007. 19. Tokarczyk A., Religie współczesnego świata, Młodzieżowa Agencja Wydawnicza, Warszawa 1986. 20. Banek K., Historia religii. Religie niechrześcijańskie, Zakład Wydawniczy NOMOS, Kraków 2008, p. 251–271.


SECURITY DIMENSIONS 21. Arutjunow S., Swietłow G., Starzy i nowi bogowie Japonii, Państwowy Instytut Wydawniczy, Warszawa 1973, p. 13. 22. de Bary W.T., Yoshiko Kurata Dykstra, Gluck C., Tiedeman A.E., Sources of Japanese Tradition, Vol. 2, Columbia University Press, New York 2001. 23. Nitobe I., Bushidō. Dusza Japonii, Keiko Publisher, Warszawa 1993. 24. Chan Wing-tsit, A Source Book in Chinese Philosophy, Princeton University Press, p. 669. 25. Miyamoto M.i, Gorin-no sho. Księga pięciu kręgów, Diamond Books, Bydgoszcz 2001. 26. Varley P., Kultura japońska, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2006 (rozdział 8). [Japanese Culture, University of Hawaii Press 1973 (Chapter 8). 27. Nakamura H., Systemy myślenia ludów Wschodu. Indie – Chiny – Tybet – Japonia, transl. Kanert M., Szkudlarczyk-Brkić W., Wydawnictwo Uniwersytetu Jagiellonśkiego, Kraków 2005. 28. http://pinkmonkey.com/dl/library1/book0612.p df (05/14/2013).] 29. Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 21. 30. http://nothingistic.org/library/mencius/mencius 42.html

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31. Daidōji Yūzan Taira-no Shigesuke, op. cit., p. 21. 32. Wójcik A., Konfucjanizm, [in:] Filozofia Wschodu, T. I, Szymańska B. (ed.), Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2001, p. 349. 33. Dialogi Konfucjańskie, 23, transl. Wójcik, [in:] Filozofia Wschodu”, T. II, op. cit., p. 331. [The Analects of Confucius, 17:21, translated by A. Charles Muller, http://www.acmuller.net/condao/analects.html (05/14/2013).] 34. Yagyū M., Sztuka wojny rodu Yagyū, Diamond Books, Bydgoszcz 2005. 35. Wschodu, T II, op. cit., 342, 343. 36. Baka E., Dao Bohatera. Idea samorealizacji w chińskich wewnętrznych sztukach walki, Kraków 2008. 37. Norman F.J., Japoński wojownik, Diamond Books, Bydgoszcz 2006. 38. Wójcik A.I., Konfucjusz, PAN, Oddz. w Krakowie, Kraków 1995, p. 45. 39. http://www.aikido.itu.edu.tr/yazikar/Bushidōhis tory_(a) polf&ei 40. Gluck C., Japan’s Modern Myths: Ideology in the Late Meiji Period, Princeton University Press, 1985, p. 222.

AUTHOR Juliusz Piwowarski, PhD. political scientist, educator, philosopher, securitologist. Since 1971 he intensively trains martial arts and combat sports: karate, kickboxing, ju-jitsu. In 2005 he became a founder of School of Higher Education in Public and Individual Security “Apeiron” in Cracow. Main scientific interests of his are: security studies, philosophy and anthropology of security, social psychology, sociology, ethics, physical culture, some legal and historical issues.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (182-190)

GLOBALIZATION PROCESSES AND NATIONAL IDENTITY VERSUS SENSE OF SAFETY OF PERSON IN THE LITERATURE PERSPECTIVE Patrycja Węglarz, M.A.

ABSTRACT The aim of the paper is to examine the role of national identity in the process of shaping individual identity of a person in modern world. Analyzed was the approach to the category of a place and the role of this category for an individual in contemporary Polish literature, taking into account the political situation that has influenced it. Assumed was that in globalized world, in which people are deprived of roots and sense of safety, they have some difficulties within answering the question of own identity. On the basis of interpretation of attitudes of few characters in the novels, written after 1989 noticed was that identity is a great challenge for people in the new geopolitical situation. The paper also discuss the relation between identity and individual sense of safety and state security, which may influence one another. ARTICLE INFO Article history Received: 04.05.2014 Accepted 03.06.2014 Keywords globalization, migration, security, identity, nation

Lately the issue of identity became particularly important in the humanistic discourse. It is undertaken in the field of various disciplines – philosophy, sociology, anthropology and literary studies. Historical events of 20th century, political and economic changes, as well as the new character of reality, resulting from globalization processes and spread of technology are the reason of the need to question both individual and collective identity. Central role of these questions in contemporary researches in humanities is highlighted e.g. by Zygmunt Bauman, who said that identity has become a prism, through which we perceive, comprehend and examine the most pressing aspects of contemporary life1. Z. Bauman, Zindywidualizowane społeczeństwo, transl. Olga i Wojciech Kubińscy, Gdańsk 2008, p. 171. 1

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Problem arises already at the conceptual level, because due to wide character of the concept itself and discussions concerning it, it turns out to be impossible to formulate comprehensive and unambiguous definition of identity. This concept blurs not only because of multiplicity of conceptions and phenomena that relates to it, but also because changeable character of the designatum causes displacements in the semantic area. Intensified interests in the problem of identity is connected to new forms of societies that were formed in the 20th century and in fact it is a specific type of reflection on the character of reality. Modern, postindustrial and information society changes the identity of person, who is being secondary socialized and lives in conditions, which force to accept various, often


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inconsistent with each other, visions of oneself related to performed roles. It results from big scale of stratification of social life, organization of which loses its organicity to segmentation and atomization of the social structure deprived of clear axis integrating these loose segments of its organization2. The thing that seem to largely affect the condition of contemporary people and problem of defining own identity is lack of sense of belonging to place. It results from the growth of social mobility, which hinders to become attached to a place and to selfidentify on the basis of the sense of belonging. Yi-Fu Tuan made a significant distinction to place and space, which reflects the attitude of modern people to land, on which they are located and to a manner in which it affects their identity. Place is understood as particularly close and well-known area, which guarantees sort of sense of stability and allows to self-identify basing on origin. Space on the other hand is a much wider concept, which refers to area in which individual moves. It is more extensive and foreign than the place and defines areas of mobility of an individual, who often changes place of residence. This distinction largely reflects, how in modern times identity evolved from the project of stabile and clear selfidentification based on origin and belonging to a multi-dimensional, unsteady and perplexing category. Contemporary conceptions related to the concept of identity very often seem to be based on longing for specific form of identity3. Some of them, as for instance Paul Ricoeur’s conception included in Oneself as Another,

postulate acceptation of one’s place in the world, indicated by other subjects, ceaseless contact with others and experiencing difference. Longing in this case seem to relate to lost commonality and the sense of unity. In turn, conceptions formulated within hermeneutics of suspicion directs their longing towards the possibility of self-determination, which is of total character, absolute autonomy of individual. In the first case nonindependence of the subject is valorized positively, as a possible source of inspiration, in the latter – quite the opposite. Contemporary discourse regarding identity does not limit solely to reflection on individual identity. Important element of the stream of researches on modern society and forms of modern statehood is the issue of collective identities. The new type of social organization and globalization processes have influenced largely also the manner, in which nations, ethnical groups or religious groups identify themselves. In the case of the European countries important is the context of integration and project of union of nations – the European Union. The policy of integration may lead to weakening of national identification, which can be replaced by a project of above-national identity. Such assumptions were expressed e.g. by Jürgen Habermas4, however from today’s perspective we have to consider them wrong. We can notice that the problem with self-identification is often (though it is only one of the ways of dealing with the problem) compensated by the increased interest in the possibility of identification with some collectivity, in particular – with the nation.

W. Jacher, Tożsamość i wielokulturowość jako kategorie badań procesów społecznych, [in:] Tożsamość polska w odmiennych kontekstach. Tożsamość osób, zbiorowości, instytucji, ed. L. Dyczewski, D. Wadowski, Lublin 2009, p. 13. 3 Por. E. Partyga, Tożsamość dziś: narracyjna? dialogowa? performatywna?, [w:] Dramatyczność i dialogowość w kulturze, red. A. Krajewska, D. Ulicka, P. Dobrowolski, Poznań 2010.

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J. Habermas, Obywatelstwo a tożsamość narodowa. Rozważania nad przyszłością Europy, tłum. B. Markiewicz, Warszawa 1993. Definicja Habermasa jest propozycją sformułowaną w ramach ideologii marksistowskiej i zostaje w niniejszej pracy przywołana przede wszystkim przez wzgląd na swą popularność w ramach dyskutowania zagadnienia tożsamości narodowej na polu teoretycznym w ramach bardziej aktualnych koncepcji związanych z tym zagadnieniem.

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According to Zygmunt Bauman the idea of nation is very important for the modern state due to mutual attraction between the nation and the state. State gladly use the authority of nation to more powerfully support the requirement of loyalty, while nations are likely to form into states to use the power of coercion for sake of their unity. Territory and clearly defined supreme power make the state “real”: it is a solid and lasting object, existence of which cannot be ignored. None of this can be said about nation, which is solely an imaginative collectivity and exists as long as its members intellectually and emotionally identify with the community5. In such an approach the state underlies homogeneity of nation and is a much stronger basis than common territory. Bauman notices that no nation has a monopole for territory, since everywhere live people, who identify with different nations. Because of that neither territory nor language are a sufficient basis for constitution of the nation. Nationalism, which demands absolute loyalty, requires categories that are not knowingly chosen but imposed, which refer to the destination and therefore are indisputable. In the opinion of Bauman the myth of origin is such a category. The identity discourse important for contemporary social studies is also noticeable in literature. In Poland, where patriotic values differently comprehended and the issue of collective identity have always been present in the literature of nearly all eras, the problem of national identity was one of the main axis of struggles with the identity issue. The particular political situation of Poland until 1989 made the question of collective identity crucial for Poles within narratives that were built on clear contrasts and apparent opposition, allowing for identification with the collectivity that stands on the right side of the barricade. The basis of national identification Z. Bauman, Socjologia, przeł. J. Łoziński, Poznań 1990, s. 176-177. 5

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in 20th century were therefore in a sense continuation of the tradition of Romanticism. Polish modernity, in contrast to the western variants – wasn’t founded on the Enlightenment project of rationality, for which individual is the basis, and universal human rights and institutions that guards them are the guarantor of social order. Polish modernity was oriented “romantically” – individual was subjected to national collectivity. Modern emancipation in the case of polish culture is focused on liberation from the domination of other cultures, nations, states, and it is to end with the advent of Polish community as an independent subject of history. It is a fundamental difference in relation to emancipation ideas of western modernity6. Revision of previous identity projects in literature was also caused by historical events and change of the regime in the 20th century. According to Przemysław Czapliński the new picture of protagonist that appeared after 1989 is a response to recovery of freedom, which “doesn’t resist and hence deprives of support”7. Contemporary writers in new regime had to face national myths accumulated in literature, in which Polishness was considered a duty8. Literature tries to take a stance on the question of Polishness in the most general understanding of it, on the way it has been functioning in literature and answer the question whether this category can nowadays be a sufficient point of support for selfidentification. “1989 forced everyone to individually deal with Polishness”9, because this category could no longer provide the answer applicable for everyone. Individualization of deliberations on identity, including collective identity, resulted in I. Stokfiszewski, Zwrot polityczny, Warszawa 2009, p. 70. P. Czapliński, Ślady przełomu. O prozie polskiej 19761996, Kraków 1997, p. 226. 8 Zob. J. Jarzębski, Pożegnanie z emigracją. O powojennej prozie polskiej, Kraków 1998. 9 P. Czapliński, op. cit.., p. 230. 6 7


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multiplicity of different answers to the question „What to do with Polishness?”, however we can notice in this literature some universal strategy, i.e. suspension of Polishness and turn towards categories that are more capacious from the point of view of persons, who want to identify themselves basing on their own history. Starting point for questions about individual identity and its place in collectivity is no longer ethnicity but the private sphere of individual, family space and roots. Collective experience is replaced by locality and individual biography, which became precedence over the history in historical narratives10. Hence collective identity turns out to be a relevant point on the map of problems undertaken in the newest prose. The shape of this identity that emerges from the literature, and changes of it, according to Czapliński, are connected to anthropology of the late modernism11 and concept of subject characteristic for this anthropology, which isn’t autonomic but entirely depends on social relations made of dense network of relations. Social identity shaped in such a manner is multi-aspectual and heterogeneous and its particular aspects are inconsistent. Hence the self-identification process is a specific battle field, on which these aspects become a weapon in the fight for social position. This happens e.g. in Żydówek nie obsługujemy by Mariusz Sieniewicz, when the protagonist is called a Jewish woman and hence he become an incorporation of everything that is constitutive for Polish identity, but ceaselessly denied, a specific abject. Czapliński argues that postmodern identity is performative and it is created by strangeness. Discussing collective identity, the category of strangeness seem to be particularly important as it is a reference point for this identity. H. Gosk, Jak opowiada o historii polska proza po 1989 roku, „Dekada Literacka” 2006, no. 5. 11 Cf. P. Czapliński, Polska do wymiany. Późna nowoczesność i nasze wielkie narracje, Warszawa 2009. 10

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Freak, who become stranger is excluded as the contrast of the model representative of the community. In the literature, in Czapliński’s opinion, these are above all: Jews, women, capitalists and homosexuals. Collective identity is a very important thread of Polish literature after 1989, because the ways in which it is problematized, reflects methods of dealing with the new situation of Poland in that time. It is a significant aspect of the individual identity, being a challenge for contemporary literature, which tries to express the experience of the late modernity. Going back to the subject of roots, we have to notice that in Polish literature of 20th century the most disturbing problem with defining own identity is lack of sense of belonging to place. Many protagonist experience this in contemporary literature (e.g. characters from prose written by Wiesław Myśliwski, Olga Tokarczuk, Jerzy Pilch, Joanna Bator, Inga Iwasiów, Stefan Chwin, Janusz Rudnicki, Izabela Filipiak and many others). Such characters seem to be simultaneously deprived of identity and that causes their powerlessness and is the reason for their passive and fearful attitude. Often genealogy is a sort of base of identity or its compensation. In these novels family still is an important value and isn’t rejected, because in the face of deprivation of roots related to a place it is the last bastion for the identity threatened with disintegration resulting from lack of stabile foundation. Identity, as the answer to the question “who am I?” inevitably has to refer to the past, and thus to some constant and objective values identified by an individual as undeniable and irremovable. In the case of “eradication”, i.e. deprivation of place understood not only as spatial category but also as a network of social relations and values related to them, self-determination based on referring to origin and affiliation can only be made within referring to origin as irremovable in genealogical, not territorial, sense. The family is, if we trust the words of 185


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Hegel, of the character of ethical spirit, which in its directness includes “natural moment, when individual finds their own substantial existence in their natural generality”12. Discussing deprivation of place we can use the category of non-places, however not in the sense given to this term by M. Augé, but just as Hanna Gosk interprets it in her works. Nonplace, in opposite to places, which got their shape due to settled residents, is connected to moving objects, various types of nomads, including migrants, and the elements of it turn out to be objects of cognition, often requiring directions for use. Displaced space becomes terra incognita, deprived of map and a guide containing knowledge of custom, history and the entire symbolic order that is connected with the place settled. Non-places in prose have always two names – old ones and new, given by new settlers and the authority that stands behind them13. This category fits to the experience of displaced after the World War II, who appears e.g. in Piaskowa Góra written by Joanna Bator. Not only the situation of displacement connects with identifying the new place of resident as the non-place, foreign place, where one cannot roots again. Attitude to place, and the way it influences an individual has a great impact on shaping their identity and their sense of integrity, because of the necessity of feeling safe, important in that process, which turns out to be difficult to achieve within settling in non-places. Attachment to a place understood as individual space, tamed and managed in accordance with one’s will and simultaneously supporting the process of self-determining as a “local”, “man from here”, is not compliant with the administrative division imposed by the political order. Taming of space is of course a G.W.F. Hegel, Encyklopedia nauk filozoficznych, transl. Ś.F. Nowicki, Warszawa 1990, p. 515. 13 H. Gosk, Nie-mieszkańcy, nie-miejsca. Literackie ślady powojennego osadzania się „gdzieś” ludzi „skądś”, [in:] Narracje migracyjne w literaturze polskiej XX i XXI wieku, ed. H. Gosk, Kraków 2012, p. 194 -195. 12

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cultural activity, but being attached to place, and sense of belonging is in a certain sense primal and natural, related to occupying a territory. Settling as a natural fact must be subordinated to cultural rules, and in consequence also to political ones. Individual attitude of person to space is not a subject of interests of the authority and is not taken into consideration. The objective of the authority is to create regulations that will allow to control the space, the way people use it and also who uses it. As Z. Bauman notices, modern state, facing the need to unify the space which is now subordinated to its direct administration, decided to unlink categories and spatial distinctions from people’s customs, which can’t be controlled by the state. The task was to administratively implement state customs in the shape of one and universally applicable reference point for all distinctions and measurements of space in place of inconsistent and locally varied practices14. Hence the social space was subordinated to one and only official map, which allow the state for total control over managed territory 15 and resident people. Administrative distinction becomes part of the state’s policy, which directly impacts citizens regardless of whether they identify with the nation that lives in certain country or not. Personal desires and attachment to place are not relevant in the face of post-war settlements associated with geopolitical situations. These remarks are obvious, however they are to highlight the drama of an individual who is forced to leave the place of residence forced by political situation. Because of the multiculturalism of the world and ceaseless mobility of people, the category of national origin loses its significance for interpersonal relations. E.g. the vast majority of contemporary emigrants in the already mentioned Bator’s novel, Piaskowa góra, Z. Bauman, Globalizacja. I co z tego dl ludzi wynika, przeł. E. Klekot, Warszawa 2000, p. 37. 15 Por. tamże, p. 39. 14


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doesn’t undertake any action to maintain the “national spirit” abroad or to integrate representatives of nation in groups, which would aim to preserve their separateness. In contrary – if people aim to preserve separateness, they do it by individuation, differentiation from others basing on features, which they identify as defining them, their individual identity (or even, as Ulrich Beck suggests, “radical nonidentity”16 in collective, social meaning). Identity isn’t build basing on values represented by the group, dislocated individual doesn’t look for confirmation of membership and acceptance. However we have to note that the effort of searching for own identity and separateness results from unifying mechanisms that the societies are subjected to in the globalized world. In what is global all differences blur, lose intensity. All freedoms blur so that there would be only one – the freedom of exchange17. Such a situation is a threat to separateness of person, who lives in reality that aims to homogeneity and unification, deprivation of individual treats. Such mechanism are a threat to sense of integrity and force an individual to desperately chase the answer to the question “who am I?” They are also a threat to national identity and the role of nation itself. Along with weakening role of state in the scope of control and influence on citizens’ lives, opening of borders and increase of mobility, the role of the idea of nation as separate and consistent group weakens. Representatives of the Copenhagen School of Security analyzing historical events of the 20th century and political situation of modern world have formulated the theory of security sectors, which was supposed to be the answer to too narrow approach to the problem of security in U. Beck, Społeczeństwo światowego ryzyka. W poszukiwaniu utraconego bezpieczeństwa, przeł. B. Baran, Warszawa 2012, p. 314. 17 J. Baudrillard, Rozmowy przed końcem, przeł. R. Lis, Warszawa 2001, s. 20. 16

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the policy of western countries and securitological researches. Barry Buzan propose to distinguish five sectors of security, which, in his opinion, refers to both the sphere of global policy and security management of particular countries. In his theory he poses a thesis that the sector crucial for the world balance (also in economic and military dimension) is social sector, which is based on the identity of group and identification with the group at the level of individual citizens18. For international security analysis, the key to society are those ideas and practices, which identify individuals as members of a social group. Society is about identity, the selfconception of communities and of individuals identifying themselves as members of community. (…) societal security is about large, self-sustaining identity groups. In contemporary Europe these groups are mainly national. The concept could also be understood as „identity security”. “Any we identity can be constructed in many different ways, and often the main issue, whether security conflicts will emerge is whether one or another self-definition wins out in a society.”19 Within this sector very important is the sense of safety associated with stability of national identity. However in contemporary reality it is no longer possible. Threat to national identity, according to Buzan, has significant impact on the sense of safety of an individual, but what’s more important it has consequences to security of the entire state. As basis threats to national identification, which bring negative effects for representatives of nations, but also in political and even military dimension, Buzan indicates inter alia migration processes. Cf. also: M. Cieślarczyk, Fenomen bezpieczeństwa i zjawisko kryzysów postrzegane w perspektywie kulturowej, [in:] Jedność i różnorodność. Kultura vs. kultury, red. E. Rekłajtis, R. Wiśniewski, J. Zdanowski, Warszawa 2010, p. 83-100. 19 B. Buzan, O. Wæver, J. de Wilde, Security. A New Framework For Analysis, London 1998, p. 119-120. 18

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Weakening of national identification has its consequences in reducing the sense of safety of entities, and at the same time influences global situation and hence is self-tacking. Modern people migrate in the search for safety, which they were deprived of as a result of globalization processes and their mobility results in reducing the level of security in political dimension. National identity thereby has an immerse influence on security culture of modern states, which is, as stated Juliusz Piwowarski:

“1. Phenomenon of security is for a certain individual or collective entity:  Desired state without danger or state of satisfying level of control over the threats to the existence of this entity;  Value that meet our needs of lack (basic needs) and higher needs (needs of development – i.e. metaneeds) with selfrealization at the top of the hierarchy of needs;  Process of development, which is a metaneed and allows for personal and social increase of the potential that rises the autonomic defense of subjects of security;  Social construct that is a result of social bond, interdependence, and interactions in certain human collectivity, which is one of subjects of security. 2. Security culture of any specified individual or collective entity is a phenomenon that enables to accomplish following objectives:  Efficient control over possible threats to certain entity, which results in an optimal state of danger to this entity (in certain time and place);  Restoring security of certain subject when it was lost;  Optimization of levels of multi-sectorally formed and examined process of development of security subject, which aims to harmonization of sectors in the context of prioritizing goals of the entity;

In modern reality national identification no longer seem to be an important element for shaping the identity of a person, who runs from unifying mechanism of globalization. The only value is memory of the past associated to national history, which however has individual dimension as it concerns personal experiences. The character from Pilch’s Spis cudzołożnic showing the country to a Swede and telling him the history of his nation for the first time feels connected to the nation he describes and feels as if he was telling his own history to his guest. History is important for a modern people only in a “mediated” form – only if it is a background for certain experiences of entity. Hence the new project of identity associated with dynamic changes of the globalizing world is highly ambivalent. On the one hand persons deprived of the sense of belonging to place and support, sense of stability are reliant on themselves within answering the question of their identity. This is associated also with necessity of being morally responsible for choices made in the process of selfdetermining, which may have consequences. On the other hand, the freedom, nowadays people have is a positive value. The possibility of choosing one’s own way and deliberating from unifying, claustrophobic mechanisms is undoubtedly valuable. Globalization

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Efficient stimulation of consciousness of higher need in both social and individual scale – i.e. the need of self-fulfillment and creation of trichotomous development – a) mental, b) social, and c) material due to supporting beliefs, motivations and attitudes that cause individual and collective actions, which have influence on the increase of the potential of autonomic defense (self-defense) of individual and group subjects of security.”20

J. Piwowarski, Fenomen bezpieczeństwa, Kraków 2014, p. 41-45. 20


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processes in some manner enforced also the policy of identity, i.e. processes based on belief that the inalienable right of all people and every community is possibility to articulate one’s own uniqueness and construct own identity21. Individual’s identity in the uncertain modern reality is highly perplexing issue also for their own. There are no stabile basis for it and consequently there are no simple answers to the question “who am I?”, which previously were brought by the sense of settlement and belonging to some collectivity. However it turns out that the category of national identification not only was not rejected as redundant or even unjustified in the face of changes resulting from globalization processes and multicultural character of most of societies, but can also be an attractive attitude for constituting individual identity. Category of difference turns out to be very useful as a way of defining one’s own identity and autonomy. For this category national or ethnical affiliation are very convenient reference point. It is at the same time of universal character, since it can be observed in literary characters, who would yet base their identity on the sense of belonging and in those, who lost this certainty. In Piaskowa Góra, we may see how important for the first generation of post-war uprooted was the category of place and origin, which were often a basis for identity. In the face of the experience of resettlement and migration, identity is marked with lack, which manifests by strong sense of uncertainty and danger. Collective identity, including national, in the case of these characters turns out to be important as guarantying stability. Building of one’s separateness based on differences perceived in comparison with representatives Cf. P. Ścigaj, Potęga osamotnienia? Globalizacja a tożsamość jednostki, [in:] Globalizacja – nieznośne podobieństwo? Świat i jego instytucje w procesie uniformizacji, red. B. Krauz-Mozer i P. Borowiec, Kraków 2008. 21

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of other cultures may lead to aggressive behaviors, attitudes associated with nationalism and xenophobia, but at the same time it is a sort of basis, a project, which can easily be appropriated by individual unsure of their place in the world. It is visible in the attitudes of the characters from the recent novel of Joanna Bator Ciemno, prawie noc. National identification related to highlighting treats considered as underlying a nation (an obvious example here is religion) supports building a collectivity, which for a modern people seems to be more and more important. In Ciemno, prawie noc members of the groups are Poles and this primal bound allows them to speak of themselves as “us”, whereas outside of the community there are always some “them”. This connection, regardless of whether we call it national, ethnical, territorial, mental, cultural or any other – is more important than arguments about ideas. Community and the need to belong, to some extent seem to replace everything that was the basis of identity before the generation of uprooted arose. Even within the modern identity – narrative, based on undermining most of categories, which would define person unambiguously and somewhat arbitrarily, related to openness to otherness and freedom of choice, the need to share believes in community and being accepted by a group seem to be significant. Though this group is no longer family, which would base on kinship and blood ties, or collectivity of ethnical or national character but related to the cult of freedom, freely chosen circle of the closest people – to person in the process of shaping their identity it turns out to be equally important. In the face of changes of the contemporary reality, which causes the sense of danger to individual, there are two possible strategies, which both are visible in the Bator’s novels. First is the attitude of total openness and escape from the rigid and limiting categories that assume person’s belonging to collectivity 189


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or place. Second is the will of rooting and desire for a sense of community with others, based on similarities, which are mostly imagined. In the first case the category of national identity is rejected entirely, in the latter – it is annexed as very important element of building individual identity REFERENCES 1. Baudrillard J., Rozmowy przed końcem, przeł. R. Lis, Warszawa 2001, s. 20. 2. Bauman Z., Globalizacja. I co z tego dla ludzi wynika, przeł. E. Klekot, Warszawa 2000. 3. Bauman Z., Socjologia, przeł. J. Łoziński, Poznań 1990. 4. Bauman Z., Zindywidualizowane społeczeństwo, transl. Olga i Wojciech Kubińscy, Gdańsk 2008, p. 171. 5. Beck U., Społeczeństwo światowego ryzyka. W poszukiwaniu utraconego bezpieczeństwa, przeł. B. Baran, Warszawa 2012, p. 314. 6. Buzan B., Wæver O., de Wilde J., Security. A New Framework For Analysis, London 1998. 7. Cieślarczyk M., Fenomen bezpieczeństwa i zjawisko kryzysów postrzegane w perspektywie kulturowej, [in:] Jedność i różnorodność. Kultura vs. kultury, red. E. Rekłajtis, R. Wiśniewski, J. Zdanowski, Warszawa 2010, p. 83-100. 8. Czapliński P., Polska do wymiany. Późna nowoczesność i nasze wielkie narracje, Warszawa 2009. 9. Czapliński P., Ślady przełomu. O prozie polskiej 1976-1996, Kraków 1997, p. 226. 10. Gosk H., Jak opowiada o historii polska proza po 1989 roku, „Dekada Literacka” 2006, no. 5.

k

11. Gosk H., Nie-mieszkańcy, nie-miejsca. Literackie ślady powojennego osadzania się „gdzieś” ludzi „skądś”, [in:] Narracje migracyjne w literaturze polskiej XX i XXI wieku, ed. H. Gosk, Kraków 2012, p. 194 195. 12. Habermas J., Obywatelstwo a tożsamość narodowa. Rozważania nad przyszłością Europy, tłum. B. Markiewicz, Warszawa 1993. 13. Hegel G.W.F., Encyklopedia nauk filozoficznych, transl. Ś.F. Nowicki, Warszawa 1990. 14. Jacher W., Tożsamość i wielokulturowość jako kategorie badań procesów społecznych, [in:] Tożsamość polska w odmiennych kontekstach. Tożsamość osób, zbiorowości, instytucji, ed. L. Dyczewski, D. Wadowski, Lublin 2009, p. 13. 15. Jarzębski J., Pożegnanie z emigracją. O powojennej prozie polskiej, Kraków 1998. 16. Partyga E., Tożsamość dziś: narracyjna? dialogowa? performatywna?, [w:] Dramatyczność i dialogowość w kulturze, red. A. Krajewska, D. Ulicka, P. Dobrowolski, Poznań 2010. 17. Stokfiszewski I., Zwrot polityczny, Warszawa 2009. 18. Ścigaj P., Potęga osamotnienia? Globalizacja a tożsamość jednostki, [in:] Globalizacja – nieznośne podobieństwo? Świat i jego instytucje w procesie uniformizacji, ed. B. Krauz-Mozer i P. Borowiec, Kraków 2008.

AUTHOR Patrycja Węglarz, M.A. graduate from the Interdisciplinary Studies in Humanities and Social Sciences at Jagiellonian University, M.A. in polish philology, interested in the subject of identity and nationality in literature and theater, ethnical conflicts and anthropology.

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stateTHAT and citizens are important tasks of the AN ANALYSIS OF THE SKIING ACCIDENTS HAPPENED ON THE officers of these groups. Professional SLOPES OF THE KASPROWY WIERCH preparation of these groups is a very dr hab. prof. nadzw. Dariusz Mucha1,

dr hab. prof. nadzw.Tadeusz Ambroży2, mgr Teresa Mucha3, dr Agata Bornikowska4, mgr Anna Papierz5 1,2 Akademia

Wychowania Fizycznego w Krakowie, Wydział Wychowania Fizycznego i Sportu Państwowa Wyższa Szkoła Zawodowa Nowy Targ 4 Uniwersytet Techniczno-Humanistyczny w Radomiu 3,5 Podhalańska

ABSTRACT Injuries are much more often incurred by those who practice sports recreationally, which is probably caused by the lack of proper physical fitness and violation of the safety rules, as well as by the fact that mass sports attract much more people. The majority of dangerous, injury-prone situations in skiing are also generated by technical errors, lack of proper coordination, poorly fitted or faulty equipment. Although an accident is defined as a series of causes and circumstances that are difficult to anticipate, a considerable reduction of the number of sports accidents involving the locomotor system while skiing is possible, e.g. by promoting safety rules and analysing accidents that happen on the slopes. The characteristics of skiers' safety and injury rate have been developed by way of analysing skiing accidents that required rescue team interventions. The analysis comprised 90 skiers from the Kasprowy Wierch; 42 women (46%) and 48 men (54%) who were involved in skiing accidents in the 2008-2009 season, on the basis of accident sheets from the 2008-2009 season routinely delivered to the TOPR (Tatra Volunteer Search and Rescue) stations, which were made available to us. ARTICLE INFO Article history Received: 04.05.2014 Accepted 17.06.2014 Keywords skiing, injury rate, safety

INTRODUCTION Skiing is a sport practiced by both adults and children in recreational forms, but it is also an inseparable element in the process of training dispositional groups (along with swimming, hand-to-hand combat etc.) Dispositional groups combines predispositions that made them ready to immediate action, undertaking intervention in any conditions. Fighting and counteracting varioussituations that may affect safety of

complex process and may have influence on the fate of citizens, their lives, health, property as well as efficient functioning of institutions of both state and local government. All this adds up to the existence of the phenomenon of security culture. Spectral definition of security culture by Piwowarski and Zaplatynskyi provides: Security culture of any specified individual or collective subject is a phenomenon that enables to accomplish following objectives: 192


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1. Efficient control over possible threats to certain subject, which results in an optimal state of danger to this entity (in certain time and place); 2. Restoring security of certain subject when it was lost; 3. Optimization of levels of multisectorally formed and examined process of development of security subject, which aims to harmonization of sectors in the context of prioritizing goals of the entity; 4. Efficient stimulation of consciousness of higher need in both social and individual scale – i.e. the need of self-fulfillment and creation of trichotomous development – a) mental, b) social, and c) material due to supporting beliefs, motivations and attitudes that cause individual and collective actions, which have influence on increase of potential of autonomic defense (self-defense) of individual and group subjects of security1. Therefore, as it is clear from above cited definition, monitoring of security and injuries on slopes are a relevant factor that affect the manner of training among those, who actively train skiing. Skiing is an outdoor sport that delivers many motor, health and emotional stimuli. However, apart from fun, this sports discipline is also accompanied by the risk of injuries. Human body is subjected to various forms of stress related to perfecting one's fitness and the natural need of physical activity. Too much confidence in one's capabilities on the slope, not adjusting to the conditions, as well as neglecting the basic safety precautions usually result in too much 1

J. Piwowarski, Ochrona VIP-a a czworokąt bushido. Studium japońskiej kultury bezpieczeństwa, Szczytno 2014,, s. 451-452.

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stress being put on the body and are the causes of the majority of injuries (Chojnacki 1984, 1994). The carving style has influenced the way of skiing, increasing the risk of collisions on the slopes and causing too much load on the knee joints, however it also facilitates learning the basic elements of skiing in a relatively short time (Chojnacki, Orlewicz – Musiał. 2005). During each ski season, many accidents happen that result in numerous traumas and injuries. These most often involve bones and joints, due to the fact that the overload caused by skiing, which affects bones, joints or ligaments, may exceed tissue resistance when mechanical trauma occurs. AIM OF THE PAPER The aim of the study was to analyse the injury rate among skiers who frequent the Kasprowy Wierch slopes, which is supposed to increase the safety of skiing. In order to achieve the above-mentioned goal, the following study questions were asked: 1. What kind of trauma was seen most often? 2. How many of those involved in accidents were wearing helmets? 3. Which body parts are most often injured in skiing accidents? 4. In which parts of the day accidents occur most often? 5. What is an average patient's condition, according to the NACA IKAR-CISA scale? 6. Do weather conditions influence the accident rate? 7. What kind of events are the most frequent causes of accidents? 8. Which slope of the Kasprowy Wierch has the highest rate of accidents? STUDY METHODOLOGY The study consisted in analysing skiing accidents that involved 90 people in the Kasprowy Wierch area, among which 42 193


Dariusz Mucha et al. AN ANALYSIS OF THE SKIING ACCIDENTS THAT HAPPENED ON THE SLOPES…

were women (46%) and 48 men (54%) who were the victims of skiing accidents in the 2008-2009 season. The analysis was performed on the basis of skiing accident sheets that are routinely submitted to the TOPR (Tatra Volunteer Search and Rescue) stations. The sheets were completed by the rescuers on the spot and include the following information:  injury mechanism,  injury description,

K

 patient's condition according to the NACA IKAR-CISA scale,  time of accident,  sex,  weather conditions,  cause of accident,  how the victim was transported,  number of victims wearing helmets. THE RESULTS

INJURY Fracture Joint injury Contusion Hypothermia Ailments Other

N 18 78 12 0 0 9

% 15 67 10 0 0 8

Table 1. Type of injury

0% 0% 10%

8% 15%

67% Fracture Contusions and bruises Ailments

Joint injury Hypothermia Other

Fig.1.Percentage analysis of the types of injuries

SKIING WITH OR WITHOUT HELMET

N

%

W/HELMET

24

27

W/O HELMET

66

73

Table 2. Number of victims wearing or not wearing helmets

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27%

73%

W/o helmet W/helmet Fig.2. Percentage of victims wearing or not wearing helmets while skiing

BODY PART

N

%

Head

7

29

Chest

2

3

Abdomen

0

0

Pelvis

3

3

Spine

3

3

Right upper limb

5

4

Left upper limb

12

11

Right lower limb

31

29

Left lower limb

45

42

Table 3. Body injuries

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Dariusz Mucha et al. AN ANALYSIS OF THE SKIING ACCIDENTS THAT HAPPENED ON THE SLOPESâ&#x20AC;Ś

Fig.3. Analysis of injury percentage

TIME OF ACCIDENT

N

%

8.00-12.00 am

40

45

12.00-4.00 pm

50

55

Table 4. Time of the day when accident occurred

45% 55%

before noon 8-12

afternoon 12-4

Fig.4.Percentage analysis of hours when accidents occurred

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WEATHER CONDITIONS Fair Cloudy Snow Rain Wind Artificial lighting

N

%

61 33 14 0 2 0

55 30 13 0 2 0

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Table 5. Accidents and weather

0%

2%

13%

55%

30%

Fair

Cloudy

Snow

Rain

Wind

Fig.5. Percentage analysis of atmospheric conditions accompanying accidents

EVENT

N

%

Fall

80

89

Collision

7

8

Other

3

3

Table 6. Cause of injury

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Dariusz Mucha et al. AN ANALYSIS OF THE SKIING ACCIDENTS THAT HAPPENED ON THE SLOPESâ&#x20AC;Ś

8%

3%

89%

Fall

Collision

Other

Fig.6. Percentage analysis of the causes of injuries

NACA IKAR-CISA SCALE 1 2 3 4 5 6 7

N 5 9 71 6 0 0 0

% 6 10 78 6 0 0 0

Table 7. Patient condition according to the NACA IKAR-CISA scale

1. Superficial trauma or mild ailments, epidermal abrasions, mild contusions. 2. Large superficial injuries, contusions, sprain, fractured fingers/toes. Outpatient treatment indicated. 3. Open wounds with blood vessel or nerve trauma, fractures (arm or shin), dislocations, 1st or 2nd degree hypothermia, high fever, appendix inflammation. Hospital treatment indicated. 4. Head injury with a period of unconsciousness lasting > 15 min., thigh

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fracture, limb amputation. Potential life hazard. 5. Spinal trauma with neurological signs, multiple rib fractures with respiratory insufficiency, open wounds on chest, multiple bone fractures, shock, severe cardiac rhythm disorders, pulmonary oedema, 3rd and 4th degree hypothermia. Life hazard. 6. State after a successful resuscitation. 7. Death on the spot or death after an unsuccessful resuscitation.


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6%

0% 0%

6%

11

0% 10%

78%

1

2

3

4

5

6

7

Fig.7. Percentage analysis of patient condition according to the NACA IKAR-CISA scale

LOCATION

N

%

Hala Gąsienicowa Hala Goryczkowa Traverse over the Cicha Valley

35 54 1

39 60 1

Table 8. Place of accident

1%

39%

60%

Hala Gąsienicowa

Hala Goryczkowa

Traverse over the Cicha Valley

Fig.8. Percentages of accident locations

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Dariusz Mucha et al. AN ANALYSIS OF THE SKIING ACCIDENTS THAT HAPPENED ON THE SLOPESâ&#x20AC;Ś

SUMMARY Physical fitness is one of the basic conditions to ensure safety on the ski slopes. Sporadic skiers do not know how to behave in unfavourable weather conditions, and given that the slopes are not always perfectly prepared and they are usually relatively crowded, sometimes a sudden change of direction is required. Modern skiing equipment allows to perform more and more sophisticated evolutions, tempting the users with the new capabilities, however one must always bear in mind the risk associated with skiing. The analysis shows that in the case of the Kasprowy Wierch area, the majority of accidents happened in the Goryczkowa Valley (60%), 39% happened in the GÄ&#x2026;sienicowa Valley, while only a small percentage of accidents took place on the traverse above the Cicha Valley (1%). The most frequent injuries involved joints - 67%, fractures amounted to 15%, contusions and sprains - 10%, whereas 8% of the skiers had other problems. As for the location of the injuries, it mainly concerns bones and joints, that is the skeletal part of the body. 71% of the accidents resulted in injuries of lower limbs, from which 29% concerned the right and 49% the left limb. Upper limb injuries were observed in 15% cases, where 11% concerned the left and 4% the right limb. Only as little as 6% of the accidents involved head injuries, pelvic and spinal injuries each amounted to 3% and chest injuries - 2%. No abdominal injuries were noted. 27% skiers wore helmets, whereas as much as 73% did not use them. Determining the direct cause of an accident can be extremely difficult at times. There are various factors that matter. The most frequent cause of injuries in the studied group were falls - 89%, as a consequence of losing control over the skis, collisions with obstacles or other skiers

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amounted to 8% and 3% of the injuries had other causes. An inseparable element of the accidents that happen on the ski slopes is the weather. 55% of the accidents happened in favourable weather conditions, in 30% cases the weather was cloudy, 13% of the accidents happened during snow falls and 2% in windy conditions. The highest percentage of injuries - 55% was noted in the afternoon hours, i.e. between 12 and 4 pm, whereas 45% of the accidents happened in the morning hours, between 8 and 12 am. According to the NACA IKARCISA scale for the evaluation of the patient's condition, the highest percentage of the accidents, that is 78%, resulted in open wounds with blood vessel or nerve trauma, fractures (arm and shin fractures), sprains, dislocations, 1st and 2nd degree hypothermia, high fever, appendix inflammation. Patients were hospitalised. A smaller group of patients, 10%, suffered from large superficial injuries, contusions or finger/toe fractures. 6% of all injuries involved head traumas with periods of unconsciousness of up to 15 minutes, thigh fractures and limb amputation, where a potential risk of death occurred, while in 1% cases the victims suffered from superficial wounds and mild ailments with epidermal abrasion. There were no injuries classified in groups V, VI and VII. CONCLUSIONS The following conclusions were drawn based on the results of the study: 1. Joint trauma is the most frequent type of injury among skiers (67%). 2. Among skiers involved in accidents, as many as 73% were not wearing helmets. 3. Skiing accidents most often result in lower limb injuries - 71% 4. Most accidents happen in the afternoon, between 12 and 4 pm. 5. According to the NACA IKAR-CISA scale, most skier patients were rated 3.


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6. Falls are the most frequent cause of injuries - 89%. 7. Most skiing accidents happened in favourable weather 8. conditions - 55%. 9. 60% accidents on the slopes of the Kasprowy Wierch happened on the Hala Goryczkowa slope.

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REFERENCES 1. Chojnacki K „System bezpiecznego narciarstwa (SBN) w świetle analizy struktury urazowości” Wyd. Monograficzne Nr 21 AWF Kraków. 1984 r., Kraków. 2. Chojnacki K. „Studium epidemiologiczne urazowości a zagrożenie wypadkowe w narciarstwie zjazdowym” Wyd. Monograficzne Nr 65 AWF Kraków. 1994 r. Kraków. 3. Chojnacki K. Orlewicz – Musiał M. „Rozwój sprzętu, techniki jazdy oraz stylów narciarskich w Polsce” Wyd. AWF 2005 r. Kraków.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (202-208)

SPORT E POLITICA NELLE RELAZIONI INTERNAZIONALI DELL'EUROPA CENTRO-ORIENTALE dr hab. Stefan Bielański, prof. UP Uniwersytet Pedagogiczny

ABSTRACT Article discusses three basic issues: 1. Relationship between Sport and Politics during “the Cold War”; 2. Sport and Politics in Central and Eastern Europe during the fall of Soviet communism; 3. Sport and Politics in the context of changes in International Relations at the beginning of the XXIst century. During the „Cold War” – what has meant Soviet domination over Central and Eastern Europe – the sport was regarded by the communist regimes as an important factor of politics therefore its role was ambivalent: on the one hand it was a key element of propaganda, on the other one, it became a “niche of freedom” and resistance against totalitarian regimes in Eastern Europe. Ironically, after 1989, sport in this part of Europe has become a “victim” of socio-political transformation, in particular, such statement refers both to the professional sport as well as to the issue of mass sport. The situation has changed as a result of European Union's enlargement in 2004, and emergence of a new market that was ready to perform the tasks related to the organization of major sporting events. In this context – not only socio-economic but also geopolitical one – we should understand why Poland and Ukraine organized UEFA European Football Championship in 2012. It should be also recognized that the sport – as result of activities of organizations such as the IOC, FIFA, UEFA – has reached a significant role in the overall International Relations in Europe and the world. ARTICLE INFO Article history Received: 04.07.2014 Accepted 25.07.2014 Keywords sport, totalitarian regimes, geopolitics, international relations

1. RAPPORTI TRA LO SPORT E LA POLITICA NEL PERIODO DELLA GUERRA FREDDA I rapporti tra lo sport e la politica devono essere inquadrati nel contesto delle vicende politiche e sociali del periodo della „guerra fredda” e del dominio sovietico sullo spazio dell’Europa dell’Est1. In quell’epoca lo sport e la politica venivano trattati come uno dei piu` Cfr.: Sport i polityka w dwudziestowiecznych państwach totalitarnych i autorytarnych (red. T. Gąsowski, S. Bielański), Towarzystwo Wydawnicze „Historia Iagellonica”, Kraków 2009. 1

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importanti fattori della vita sociale e politica dell’Europa centro-orientale. In modo particolare lo sport: a) e` diventato parte integrale del cosiddetto „fronte ideologico” dei partiti al potere nei paesi del blocco sovietico; b) di conseguenza nel mondo dello sport e` entrata la politica „monocolore” e tutti i quadri dirigenziali dovevano essere legati al partito al potere, e pure gli sportivi non


SECURITY DIMENSIONS

potevano sottrarsi alle esigenze delle autorita` politiche ed ideologiche2. Lo sport nei paesi dell’Europa centroorientale, malgrado tante limitazioni concernenti i rapporti con il mondo sportivo occidentale, giocava –in quell’epoca - un ruolo ambiguo: da una parte era un fattore del consenso popolare per il regime (grazie alle vittorie ai Giochi olimpici e campionati mondiali o europei), ma d’altra diventava una specie di „nicchia” della liberta` e della ribellione contro i regimi totalitari dell’Est europeo. Ricordando le vicende storiche nella premessa alla pubblicazione Sport e politica nei paesi totalitari ed autoritari e` stato sottolineato il fatto che: “Il ruolo dello sport e` diventato particolarmente importante nel periodo della „guerra fredda” quando la rilvalita` fra l’Est e l’Ovest ha compreso pienamente anche il mondo dello sport”. E sicuramente la situazione e` cambiata in modo radicale dopo il 1989, pero`: “Anche oggi lo sport e` legato alla politica; e dall’altra parte pure la politica dello stato contemporaneo influisce in modo notevole sul funzionamento dello sport e sulla sua evoluzione”3. Va pero` riconosciuto che, anche se mosso da soprammenzionate esigenze ideologiche e propagandistiche, comunque i regimi dell’Est europeo hanno introdotto non in teoria, ma in pratica il principio dello sport di massa. Da una parte quindi lo sport (anche quello che una volta veniva praticato solo dalle elite sociali) si stava democratizzando, d’altra pero` sullo sfondo c’e` stata la volonta` dell’indottrinamento ideologico dei regimi comunisti.

P. Godlewski, Sport w służbie PRL, [in:] Sport i polityka…, op.cit., p. 21-73. Cfr. P. Godlewski, Sport w Polsce na tle politycznej rzeczywistości lat 1944-1956, Akademia Wychowania Fizycznego im. Eugeniusza Piaseckiego w Poznaniu, Poznań 2006. 3 Wstęp, [in:] Sport i polityka…, op.cit., p. 7-8. 2

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Il punto di riferimento e` stato naturalmente l’Urss di Stalin. Adottando il modello sovietico i paesi sottoposti al dominio di Mosca dovevano:  Introdurre la centralizzazione della gestione dello sport (come avveniva in altri settori della vita economica e sociale);  Cancellare l’esistenza dei club e delle associazioni sportive che potevano rievocare la tradizione nazionale, comunque anticomunista (inclusa la distruzione dei documenti e dei ricordi di tali tradizioni)  Cambiare i nomi dei soggetti sportivi con gli obiettivi di cui sopra4. A partire dal 1949 e` avvenuta, sia in Polonia che in altri paesi dell’Est europeo, la „consolidazione” o meglio dire la centralizzazione della stampa sportiva. Le principali testate polacche „Sport” e „Przeglad Sportowy” („Rassegna Sportiva”) non avevano piu` nessuna autonomia, diventando soltanto i „messaggeri” delle indicazioni e decisioni prese „in alto” ovvero presso il Comitato Centrale della Cultura Fisica oppure presso l’Ufficio della Stampa del Comitato Centrale dello stesso partito al potere. „La linea politica” della stampa sportiva veniva controllata anche dalla censura di stato. Le azioni di carattere propagandistico venivano gestite, dal punto di vista „operativo”, dal Reparto di Propaganda del Comitato Centrale della Cultura Fisica, il quale faceva una specie di „monitoraggio” della stampa sportiva mediante un controllo accurato ed analisi di tutti i giornali sportivi ed altri in cui si parlava dello sport. E se qualsiasi articolo (addirittura una breve notizia) destava il sospetto, subito scattava intervento che riguardava sia l’autore del testo che il suo editore. Lo stesso Reparto aveva anche un ricco archivio degli articoli S. Bielański, Oto stulecie…, [in:] 100 lat Białej Gwiazdy. Zakończenie Jubileuszu, Towarzystwo Sportowe Wisła Kraków, Wydział Promocji i Turystyki Urzędu Miasta Krakowa, Kraków 2006, p. 88. 4

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Stefan Bielański SPORT E POLITICA NELLE RELAZIONI INTERNAZIONALI DELL’EUROPA …

cosi „monitorati”. Il Reparto di Propaganda si occupava inoltre della valutazione ideologicopolitica della partecipazione degli sportivi polacchi (ma cio` avveniva anche negli altri paesi dell’Est) alle manifestazioni del cosiddetto „calendario liturgico” del mondo comunista, ed in modo particolare alle celebrazioni della Festa del 1 Maggio , ed anche alle ricorrenze della Rivoluzione d’Ottobre. La presenza degli sportivi a tali manifestazione non era soltanto obbligatoria, ma anche costituiva uno dei momenti piu` importanti per la propaganda del regime, che in tal modo cercava pure il consenso popolare non legato in questo caso ai metodi di terrore e di paura generalizzata (i quali peraltro costituivano la caratteristica principale dei regimi staliniani in tutta l’Europa orientale)5. Marcin Stasiak ha messo in rilievo il fatto che negli anni 1949-1955 “l’eroe sportivo e` stato un protagonista della propaganda dello stato totalitario; e lo sportivo quindi doveva essere attivo politicamente”, e in quei tempi per tale motivo (e non per quello delle vittorie sportive) doveva apparire sui media6. Negli anni 50. del XX secolo si voleva anche trattare in modo uguale l’attivita` dello sportivo e quella dell’operaio. La retorica era pero` quella tipica dell’eta` staliniana, e quindi sulla stampa sportiva apparivano articoli in cui si diceva che durante una giornata del campionato di calcio i giocatori sono riusciti a fare soltanto il 50 % della “norma lavorativa” ovvero che sono riusciti a disputare solo la meta` delle partite previste (probabilmente a causa delle avverse condizioni del tempo)7. Si deve quindi affermare che lo sport nell’eta` staliniana e` diventato una vera e propria arma di propaganda dei regimi dell’Europa P. Godlewski, Sport w służbie PRL…, [in:] Sport i polityka…, op.cit., p.31-48. Cfr. S. Bielański, La Polonia e lo stalinisto, [in:] Memoria d;’Europa. Riflessioni su ditatture, autoritarismo, bonapartismo e svolte democratiche (a cura di G. Laschi), FrancoAngeli, Milano 2012, p.111-123. 6 M. Stasiak, Między „homo faber” a „homo ludens”. Wzorzec bohatera sportowego w polskich mediach w latach 1949-1955, [in:] Sport i polityka.., op.cit., p. 75-86. 7 Ibidem, p. 80. 5

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orientale. E malgrado che negli anni 50’ e` stato davvero introdotto il principio dello „sport di massa” (con migliaia di manifestazioni sportive accessibili gratis a tutti che volevano praticare diverse discipline sportive) , lo sport non ha contribuito all’ottenimento da parte dei regimi dell’Est di un vero consenso popolare. Pesava su tutto l’ombra del „grande fratello” ovvero dell’Unione sovietica i cui sportivi dovevano essere sempre e dovunque migliori e superiori, anche, o forse, prima di tutto nella rivalita` con gli sportivi dei paesi sottoposti al potere dell’Urss. Lo sport avra` avuto quindi anche il suo ruolo importante nelle rivoluzioni anti-sovietiche dell’anno 1956. In modo particolare cio` era legato ai fatti di Ungheria: e quando l’invasione dall’Armata rossa ha soffocato la rivoluzione ungherse, ai Giochi Olimpici di Melobourne simbolica e` stata, addirittura cruente, finale della pallanuoto fra le nazionali di Ungheria e di Unione sovietica. Ma anche negli altri paesi dell’Est europeo gli sportivi, come per esempio in Polonia i pugili che battevano con gran entusiamo del pubblico i loro „compagni” sovietici oppure quando nel 1957 la nazionale polacca di calcio e` riuscita a sconfiggere in casa davanti a decine di migliaia di persone fortissima nazionale dell’Urss, quegli sportivi diventavano dei veri „eroi popolari” (come Gerard Cieślik, marcatore di 2 reti nella partita contro la nazionale sovietica ) e la cui fama superava le loro vicende sportive, acquistando una netta valenza politica8. 2. SPORT E POLITICA NELL’EUROPA CENTRO-ORIENTALE DURANTE E DOPO IL FALLIMENTO DEL COMUNISMO SOVIETICO Per molti anni – addirittura prima dell’assegnazione dei campionati europei di A. Gowarzewski, J. Waloszek, Ruch Chorzów. 75 lat „niebieskich” – Księga Jubileuszowa, Wydawnictwo GA, Katowice 1995, p. 91; S. Szczepłek, Polska ! Białoczerwoni, Polityka Spółdzielnia Pracy, Warszawa 2012, p. 102-108. 8


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calcio alla Polonia ed all’Ucraina - il cosiddetto “grande sport”, quello dei giochi olimpici oppure dei campionati mondiali ed europei di calcio non riguardava per niente l’Est europeo (con la triste eccezione delle Olimpiadi di Mosca del 1980, le quali sono state disputate nel paese che aveva invaso l’Afghanistan e per tale motivo i paesi occidentali, con qualche defezione, hanno boicottato quell’evento). Va sottolineato che nei paesi dell’Europa centro-orientale, quindi quella fino al 1989 sottoposta al dominio sovietico, non venivano organizzati grandi eventi sportivi e cio` non era causato soltanto dalle diffidenze politiche ma piu` semplicemente, in quei paesi, mancavano le adeguate infrastrutture: stadi erano fatiscenti, alberghi pochi e non all’altezza della civilta` moderna (tranne alcuni cosiddetti di lusso peraltro ben controllati dalle rispettive polizie politiche), non c’erano vie e mezzi di trasporto, e non si poteva comunicare in modo libero oppure non si poteva semplicemente comunicare a causa della mancanza delle reti telefoniche. Va anche detto che le massime atuorita` sportive internazionali erano interessate piu` agli aspetti di carattere logistico ed economico, e non al fatto che tutte queste mancanze erano dovute a quella principale: mancanza della liberta` e di sviluppo economico vero. Tali fenomeni pero` non scoraggiavano mai i massimi dirigenti di federazioni sportive internazionali poiche` all’autoritarismo fascista o franchista, ma anche al totalitarismo nazista e quello sovietico erano abituati da tempo, anzi, convivevano con questi sistemi senza nessun problema, e la dimostrazione piu` evidente erano campionati mondiali di calcio in Italia di Benito Mussolini nel 1934 ed i giochi olimpici nel Berlino nazista, quelli “patrocinati” da Adolf Hitler nel 19369. S. Bielański, Sport w historii Włoch okresu faszystowskiego, [in:] Sport i polityka…, op.cit., p. 87-100. Cfr.: S. Provvisionato, Lo sport in Italia. Analisi, storia, ideologia del fenomeno sportivo dal fascismo a oggi, Roma

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Pero` cosi come e` stato gia` menzionato sopra, i paesi totalitari ed autoritari cercavano di sfruttare al massimo i successi sportivi (e non a caso lo sport che godeva l’appoggio piu` consistente era proprio il calcio), d’altra pero` le stesse vittorie potevano dare un momento di orgoglio popolare o nazionale, specialmente per le nazioni sottomesse al potere dei vicini piu` potenti. E tale e` stato il ruolo del calcio in Polonia, in modo particolare negli anni 70, quando la nazionale e` diventata un vero mito per tutta la popolazione e giocatori della famosa equipe dei campionati mondiali del 1974 (storico 3 posto ai campionati disputati nella Germania federale) sono passati alla leggenda. Paradossalmente lo sport nell’Europa centroorientale ha subito gravi danni a causa dei cambiamenti del sistema politico e sociale iniziati, peraltro proprio in Polonia, nel periodo 1980-1989. I nuovi stati post-comunisti, che dopo il 1989, hanno imboccato la via della democrazia, non si curavano del cosiddetto “sport qualificato” e ancor meno dello „sport di massa”. A causa di grossi problemi provocati dalla trasformazione sociale, economica e politica, e di conseguenza della mancanza dei fondi per i settori come lo sport, anche le infrastrutture non venivano costruite e tenute in modo adeguato. 3. SPORT E POLITICA NEL CONTESTO DELLE RELAZIONI INTERNAZIONALI DELL’EUROPA CENTRO-ORIENTALE ALL’INIZIO DEL XXI SECOLO La situazione e` cambiata pero` nei primi anni del XXI secolo a causa di due principali fattori: uno politico:  l’allargamento dell’Unione europea all’Europa centro-orientale del 2004; ed altro economico:

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1978; S. Martin, Calcio e fascismo, Milano 2006; J. Foot, Calcio.1898-2007. Storia dello sport che ha fatto l’Italia, Milano 2007.

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Stefan Bielański SPORT E POLITICA NELLE RELAZIONI INTERNAZIONALI DELL’EUROPA …

l’apparizione di un nuovo mercato, che non poteva essere piu` ignorato anche dalle federazioni sportive internazionali (come in questo caso l’Uefa) Va quindi sottolineato che l’assegnazione dei campionati europei di calcio nel 2012 alla Polonia ed all’Ucraina, e` stata importante anche a causa di un fattore geopolitico, quello concernente il grande tentativo di avvicinamento dell’Ucraina, l’ex repubblica sovietica, ma paese indipendente dal 1991, all’Europa comunitaria, quella occidentale nonche` alla Nato. Non si deve scordare che la decisione dell’Uefa (del 2007), e` arrivata dopo la cosiddetta “rivoluzione d’arancione” in Ucraina durante la quale quel sogno “occidentale” degli ucraini era piuttosto evidente. Si trattava quindi di una decisione che riguardava non solo l’assegnazione dell’evento sportivo di carattere internazionale, ma si inseriva addirittura nella prova della creazione di un nuovo assetto geopolitico dell’Europa centro-orientale. L’Euro 2012 doveva essere pure una grande occasione della modernizzazione di due paesi dell’ex Est europeo, uno (la Polonia) gia` appartenente, almeno dal punto di vista formale, alla “famiglia occidentale”, l’altro (l’Ucraina) che cercava di avvicinarsi a tale meta strategica. E senza dubbio nell’arco di tempo tra il 2007 ed il 2012 si e` fatto davvero molto, specialmente in Polonia, in campo delle insfrastrutture per poter ospitare gli europei in modo dignitoso, ma il progetto di carattere geopolitico non e` andato a buon fine. Questa situazione riguardava in modo particolare l’Ucraina dove la stagione “arancione” e` finita con il “divorzio” politico fra i protagonisti di quell’evento (l’ex presidente Juscenko e l’ex premier Tymoshenko) e ritorno al potere di un politico filo-russo ovvero Janukovych, conclusosi a causa del “nuovo Majdan” nel febbraio 2014 (ma con la conseguente guerra civile nell’Ucraina dell’Est).

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Concludendo riflessioni concernenti le questioni di carattere politico, si deve constatare che in fin dei conti la politica – in questo determinato caso, cioe` degli europei di calcio del 2012 – non ha influito in modo particolare sullo svolgimento della manifestazione ne` in Polonia (dove scontri polacco-russi sono rimasti un episodio isolato) ne` in Ucraina. Il discorso diventa invece piu` problematico quando vengono presi in considerazione aspetti sociali ed economici dell’Euro 2012. Il resoconto di tutte queste attivita`, e con ovvio intento promozionale, si trova nel Rapporto della realizzazione delle iniziative intraprese per l’Euro 2012 (dicembre 2011luglio 2012)10, pubblicato dal Ministero dello Sport e del Turismo di Varsavia. Secondo questa fonte ufficiale l’Euro 2012 ha portato alla Polonia effetti concreti come:  l’accelerazione della modernizzazione della Polonia;  il cambiamento dell’immagine: la Polonia come paese moderno e aperto agli ospiti stranieri;  il rinforzo del capitale sociale grazie ad un diffuso volontariato durante gli europei;  l’acquisizione dell’esperienza nell’organizzazione di grandi eventi della portata internazionale. Malgrado le opinioni negative sugli effetti politici dell’Euro 2012 in chiave dell’avvicinamento dell’Ucraina all’Europa – le fonti ufficiali polacche hanno sottolineato il risultato concreto del rafforzamento della collaborazione fra la Polonia e l’Ucraina in modo particolare in campo economico ed infrasttrutturale. In ogni modo rimangono valide le osservazioni che abbiamo proposto (insieme al collega Sprawozdanie z realizacji przedsięwzięć Euro 2012 oraz z wykonanych działań dotyczących realizacji przygotowań Polski do finałowego Turnieju Mistrzostw Europy w Piłce Nożnej UEFA Euro 2012 (grudzień 2011-lipiec 2012), Ministerstwo Sportu i Turystyki, Warszawa 2012 10


SECURITY DIMENSIONS

Andrea Lucchetta) nell’articolo su „La Gazzetta dello Sport” il cui messaggio principale e` stato seguente: “Se la Polonia ha potuto beneficiare dei fondi strutturali europei – con cui ha coperto poco meno di un terzo delle spese”, cio` non poteva riguardare l’Ucraina, dove il ruolo determinante hanno avuto oligarchi locali (come Rinat Akmetov), rafforzando in tal modo il loro peso nella vita politica ed economica della stessa Ucraina11. CONCLUSIONI: Anche se alcune opinioni polacche riguardanti l’Euro 2012 – specialmente quelle sull’avvicinamento dell’Ucraina all’Europa erano troppo ottimistiche rispetto alla realta` (in modo particolare quella politica ed economica), rimangono valide le considerazioni relative:  al cambiamento avvenuto nell’atteggiamento nei confronti dello sport in Polonia ed in Ucraina;  alla nuova (e positiva) immagine dei paesi organizzatori, in modo particolare della Polonia;  alla possibilita` di miglioramento dei rapporti fra la Polonia e l’Ucraina. E se quest’ultimo risultato diventasse davvero reale, cio` potrebbe avere i risvolti importanti non solo per questi due paesi, ma per tutto lo spazio geopolitico dell’Europa centroorientale. Nel contesto piu` ampio rimane quindi valida la constatazione di Carla Meneguzzi Rostagni secondo la quale: “Il secolo appena concluso e` stato caratterizzato da eventi negativi, due guerre mondiali, rivoluzioni, genocidi, ma anche di evoluzioni positive, tra queste ultime lo sviluppo delle organizzazioni internazionali. Dall’esperimento o dal fallimento della prima organizzazione, la Societa` delle Nazioni, creata subito dopo la fine del primo conflitto mondiale (...) alla piu` meditata formulazione A. Lucchetta, S. Bielanski, La Tigre Polacca sta volta ha fatto la parte del Leone; and: Donetsk, ci pensa Rinat. Un milione di turisti, “La Gazzetta dello Sport – Extra Time”, Speciale Europei, 8 giugno 2012, p. 19.

11

della seconda, le Nazioni Unite, all’inarrestabile moltiplicarsi di organizzazioni universali, regionali, settoriali, estese a tutti gli aspetti della vita internazionale, non solo quelli politici, ma soprattutto quelli economici, sociali, tecnici”12. Alla luce di queste considerazioni non ci si puo` meravigliare che nei primi decenni del XXI seolo lo sport, ed in modo particolare le sue istitutizoni di carattere globale (come il Cio - Comitato olimpico internazionale e la Fifa - Federazione internazionale di calcio) oppure europeo (l’Uefa – Federazione europea di calcio), hanno raggiunto il livello di peso e di influenza grazie al quale devono essere prese seriamente in considerazione – come partners - da principali attori delle relazioni internazionali. REFERENCES 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Aledda A., Sport. Storia politica e sociale, Roma 2002. Foot J., Calcio 1898-2007. Storia dello sport che ha fatto l’Italia, Milano 2007. Godlewski P., Sport w Polsce na tle politycznej rzeczywistości lat 1944-1956, Poznań 2006. Krawczyk Z., Sport, [in:] Encyklopedia kultury polskiej XX wieku. Kultura fizyczna. Sport, red. Z. Krawczyk, Warszawa 1997. Krawczyk Z., Sport w zmieniającym się społeczeństwie, Warszawa 2000. Lipoński W., Humanistyczna encyklopedia sportu, Warszawa 1997. Martin S., Calcio e fascismo: lo sport nazionale sotto Mussolini, Milano 2006. Młodzikowski G., Polityka i sport, Warszawa 1979. Nowakowski A., Zarządzanie kulturą fizyczną w Polsce w latach 1944-2001, Rzeszów 2005. Provvisionato S., Lo sport in Italia. Analisi, storia, ideologia del fenomeno sportivo dal fascismo a oggi, Roma 1978. Sport i polityka w dwudziestowiecznych państwach totalitarnych i autorytarnych, red. T. Gąsowski, S. Bielański, Kraków 2009. Sport, kultura, społeczeństwo. Księga pamiątkowa w 75-lecie urodzin profesora

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C. Meneguzzi Rostagni, L’organizzazione internazionale tra politica di potenza e cooperazione, Cedam, Padova 2000, p. VII. 12

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Stefan Bielański SPORT E POLITICA NELLE RELAZIONI INTERNAZIONALI DELL’EUROPA … Zbigniewa Krawczyka, red. J. Kosiewicz, Warszawa 2006. 13. Szymański L., Kultura fizyczna i turystyka w polityce Polski Ludowej 1944-1989, Wrocław 2004. AUTHOR

14.

Unia Europejska i sport. Implikacje członkostwa Polski w Unii Europejskiej dla polskiego sportu red. J. Foks, Warszawa 2006.

Stefan Bielański Professor in the Institute of Political Science of Pedagogical University (UP) in Kraków; from 2010: Director of the Centre for Research “Mediterraneum” (Pedagogical University). From 2000 – the member of the Scientific Committee of Master in European Studies: “The Process of Building Europe”. The author of numerous books and articles, among others: Giovanni Botero. Historyk i pisarz polityczny epoki Kontrreformacji, Universitas, Kraków 1995; Tradycje federalizmu we Włoszech. Studia nad włoskim piśmiennictwem historyczno-politycznym XVIII i XIX wieku ze szczególnym uwzględnieniem twórczości Carlo Cattaneo, Kraków 2002; Włochy wobec idei Europejskiej Wspólnoty Obronnej/Italy and the Idea of the European Defence Community, Centrum Europejskie Natolin EUI Research Laboratory, Warszawa 2004; Koncepcje Europejskiej Wspólnoty Obronnej we włoskiej myśli politycznej lat 50. i 60. XX wieku, Kraków 2006; Poland in NATO (1999-2009): between Historical Memory and Challenges of Future, in: (Chapter 7) NATO in the 60th Anniversary of the North Atlantic Treaty. Challenges and strategic divergences from national perspectives (ed. by Andrea Carati and Carlo Frappi), Franco Angeli, ISPI, Milano 2009; La Polonia tra Europa e Russia, “Quaderni di Relazioni Internazionali”, n. 13, 2010; Le relazioni tra l’UE e l’Europa post-sovietica, in: Oltre i confini: l’UE fra integrazione interna e relazioni esterne (a cura di G. Laschi), Il Mulino, Bologna 2011; La Polonia e lo stalinismo, in: Memoria d’Europa. Riflessioni su ditatture, autoritarismo, bonapartismo e svolte democratiche (a cura di G. Laschi), Franco Angeli, Milano 2012.

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SECURITY: ECONOMY & LAW


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (210-215)

SPECIFIC INTERACTION OF STATE BORDER SERVICE OF UKRAINE FOR FOREIGN LAW ENFORCEMENT AUTHORITIES Serhiy Hronskyy The State Border Guard Service of Ukraine ABSTRACT In this paper, the results of consideration of the main legal acts regulating the interaction of SBS with foreign law enforcement authorities found her subjects, main directions and forms.

ARTICLE INFO Article history Received: 14.04.2014 Accepted 25.07.2014 Keywords interaction, fields of cooperation between law enforcement, border guard service

INTRODUCTION Ukraine as a modern democratic, constitutional state is an active member of international cooperation in many areas and areas that occurs as the national level and at the level of individual units of government. In particular, one of the public authorities, which to resolve their problems in daily activities have always cooperate with law enforcement agencies are the State Border Guard Service of Ukraine (SBS). Given the current globalization and integration processes involving the simplification of border crossing procedures between countries and the implementation of numerous international programs on combating crime and other antisocial phenomena in the world, the problem of interaction between SBS and law enforcement agencies of other countries is essential.

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ANALYSIS OF RESEARCH AND PUBLICATIONS In the context of the test questions especially worth noting SBS cooperation with law enforcement bodies of the Russian Federation (hereinafter - the Code), which has the longest border of Ukraine. To do so, the law enforcement agencies of Russia, which in solving their tasks interact SBS. Thus, according to the Federal Law "On the State Border of the Russian Federation " dated April 1, 1993 the State Border Protection as part of the safety of and implementation of the state policy of the border is coordinated activities of federal bodies of state power, bodies of state power of subjects of the Russian Federation and local authorities, carried them within its powers by making political, organizational, legal, diplomatic, economic, defense, border, intelligence, counterintelligence, operational and investigative, customs, environmental, sanitary, environmental and other events. In this activity in the prescribed manner


SECURITY DIMENSIONS

participating organizations and individuals. [3] Speaking of the law enforcement agencies of Russia, interact with SBS, It is worth mentioning the Federal Security Service of the Russian Federation (hereinafter - the FSB ). According to the Federal Law "On the Federal Security Service " on April 3, 1995 FSB - a single centralized system of the Federal Security Service, which takes decisions within its powers to ensure the safety of. Guidance of the President of FSB of Russia. However, one of the organs that form part of the FSB is to manage (departments, units ) of the federal executive authority in the field of border security services (border enforcement). According to Art. 11.1 above legal act main areas of activity of the FSB Border Guard are: protection and preservation of the state border of the Russian Federation in order to prevent illegal change of passing the state border of the Russian Federation, enforcing natural and legal persons of the State border of the Russian Federation, the border regime and the regime of checkpoints across the state border of; protection and preservation of the economic and other legitimate interests of the Russian Federation within the border zone, the exclusive economic zone and continental shelf of the Russian Federation, as well as protection beyond the exclusive economic zone of the Russian Federation reserves anadromous fish species that grow in the rivers of Russia, transboundary species and highly migratory fish species accordance with international treaties of the Russian Federation and (or) legislation of [4 ]. Therefore, aim of this paper is to: consider the characteristics and the interaction order of the State Border Guard Service of Ukraine with foreign law enforcement agencies. THE MAIN MATERIAL In addition to the above foreign law enforcement agency, SBS interaction with the State Border Committee of Belarus. Thus, the main objectives of the above is a law

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enforcement agency : the state border policy and border security; Health Organization of the State border of the Republic of Belarus; implementation guidance from the border guard; the interaction and coordination of state agencies and other organizations in the state border policy and border security, participation in the task of defense of the Republic of Belarus; organization of border crossing individuals and within their competence vehicles; prevention and suppression of offenses that threaten border security, providing comprehensive operational and service and other activities of the Border Service; implementation of state policy in the field of ideology and work with staff in the border guard; other tasks stipulated by legislative acts. [1] In this context it should be noted that the purpose of the most effective and beneficial use of existing capabilities to prevent, detect and deter illegal activity at the Ukrainian Belarusian border between Ukraine and Belarus was organized cooperation between the competent departments. Thus, in accordance with Art. 1 of the Protocol between the State Border Service of Ukraine and the State Committee of Border Troops of the Republic of Belarus on cooperation and co -operate with the State Border Guard Service of Ukraine and the Border Troops of the Republic of Belarus dated October 5, 2005 for implementation of the Protocol, the Parties are authorized unit : 1) Ukrainian side Department of Operations of the State Border service of Ukraine, the ODA divisions of Chernihiv, Zhytomyr and Lutsk frontier troops; 2) from the Belarusian side - Department of Operations of the State Border Troops Committee of the Republic of Belarus, Service Operations and inquiry Brest Frontier Group, Gomel and Pinsk border detachments of border troops of the Republic of Belarus. [6] It should be noted that the cooperation between the abovementioned parties authorized unit implemented in the framework 211


Serhiy Hronskyy SPECIFIC INTERACTION OF STATE BORDER SERVICE OF UKRAINE FOR FOREIGN â&#x20AC;Ś

of their competencies in the following areas : combating terrorism at the state border and at checkpoints across the state border; combating trafficking through the state border of weapons, ammunition, explosive, toxic, radioactive substances, narcotic drugs, psychotropic substances and precursors; the fight against illegal migration and human trafficking; combating smuggling activities at the state border; prevent illegal crossing of the state border. [6] In addition to the above international law enforcement, SBS during their interaction with the tasks of Poland. Yes, June 14, 2006 between the Authority and SBS Chief Commandant of the Border Guard of the Republic of Poland concluded a Protocol on operating conditions counseling centers. The above legal act was signed in order to: promote and strengthen good relations between Ukraine and the Republic of Poland; strengthening cross-border cooperation and realizing the task of ensuring and improving border control of persons and goods; security at the joint Ukrainian -Polish border and to combat all forms of criminal activity. [7] The mentioned legal act was defined as the activity of which each side seeks to achieve the above objectives: 1) to Ukrainian side Lutsk frontier detachment SBS; Mostyska border detachment SBS. 2) the Polish side : Commandant Nadbuzhanskoho Department of Border Guard, Commandant of the Bieszczady Division of Border Guard, Border Guard Commandant Platsuvky Korchova [7 ]. According to Art. 3 of the international treaty objective of counseling centers is to share information needed for effective implementation of the Agreement, namely : changes in the legislation of the Parties on border issues; circumstances that can lead to difficulties when crossing the Ukrainian -Polish border; circumstances that might affect the situation on the Ukrainian -Polish border, emergencies controlled border areas, 212

checkpoints across the state border and access roads to them; environment that may affect the organization of border controls, including the planned crossing of the state border organized groups of travelers, including by air; vehicles that cross the Ukrainian - Polish border, and goods that move through it, people who are denied entry into the territory of the Party of the reasons for refusal; the lawfulness of entry of a citizen of a third country to the territory of a Party; violation or attempted violation of the laws of the Parties on border issues when crossing the Ukrainian -Polish border; detect signs of illegal crossing of the Ukrainian- Polish border by persons or groups of persons; illegal migrants detained in the border controlled areas and checkpoints on the Ukrainian Polish border; requests and suggestions for the protection of Ukrainian -Polish border, which arise on the basis of joint patrols. [7] To ensure the security of the common border of the European Union and Ukraine, timely prevention and suppression of criminal offenses on the Ukraine -Slovak border, organizing and maintaining cooperation between operational by SBS and the Bureau of Border Police and the Foreign Police Presidium of the Police Corps of the Slovak Republic, signed the Protocol on the direction interaction -operate. So, in the interest of the tasks set out the above protocol, direct interaction within the competence of the exercise : 1) Ukrainian Party Department Operations Administration SBS; OperationalInvestigative Division Western Regional Department of SBS; - Operational and investigative department Chop border of the State Border Guard Service of Ukraine; 2) from the Slovak Party National unit to combat illegal immigration bureau Border Police and the Foreign Police Presidium of the Police Corps of the Slovak Republic, Department of investigative operations "East" national forces to combat illegal immigration bureau Border


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Police and the Foreign Police Presidium of the Police corps of the Slovak Republic. [8] hus the above departments shall cooperate in the fight against crime, including organized its possible forms that have an international character, including terrorism; illegal migration (illegal crossing of the state border and transferring ); - Contraband, including cigarettes, weapons, ammunition, explosive, poisonous, radioactive substances, narcotic drugs, psychotropic substances, their analogues or precursors [8 ]. In the context of the test questions should be noted that under international cooperation SBS is working closely with law enforcement agencies of the Republic of Hungary. Yes, May 25, 2010 to coordinate activities carried SBS and the Department of Police of Hungary in the Hungarian - Ukrainian state border and aimed at preventing the trafficking of persons across the state border, vehicles, cargo and other property, and any other outstanding issues, within their jurisdiction, between the Authority and SBS Chief police of Hungary signed the Protocol on Information Exchange. In particular, c. 1 above international treaty has been established, the Parties shall exchange information on the situation at the state border and its development , as well as the main results of the operational activities and SBS Chief Police of Hungary to ensure the security of the state border . Thus the above bodies within the interaction will exchange the following information: 1) general statistical information about the admission of persons and vehicles on the Ukrainian- Hungarian state border; 2) general statistical information about illegal actions at national borders (citizenship, reasons and circumstances of detention, etc.); 3) general statistical information on persons not missed (returned) the state border (nepropuschenyh citizenship, reasons for not crossing the direction of movement, etc.);

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4) general statistical information on cases of detection and apprehension at the state border smuggling of goods and cargo (Citizenship of offenders, the amount of smuggled goods evaluation, classification detained smuggled goods, etc.); 5) general statistical information on cases of detection and apprehension at the state border service (stolen, invalid and forged documents, etc.); 6) general statistical information on cases of detection and apprehension on the state border of weapons, ammunition, explosives and radioactive substances (classification detained weapons, ammunition, explosives and radioactive substances, etc.); 7) general statistical information about the identification and apprehension on the state border of narcotic substances and precursors (classification of detected drugs, precursors, etc.) [7]. To unite the efforts of operational Border Forces of Ukraine and Romania MIA Border Police in the fight against illegal migration and cross-border organized crime at checkpoints across the state border between Ukraine and Romania, March 21, 1997 signed an international treaty - the direction of the interaction of operational Border Troops of Ukraine Border Police and Ministry of Interior of Romania. According to the above legal act, in order to improve the reliability of these operational border control authorities shall take the following actions : together, and everyone in their district to develop and take measures for the establishment and termination of illegal immigration, organized crime, active in the points (move weapons, radioactive, explosive and toxic agents, drugs, parties, smuggled goods), inform each other of the presence of such structures in the border zone and near the checkpoint; engaged in mutual exchange of information on criminal structures involved in the manufacture of fake documents to cross the border; carried out on the basis of previous 213


Serhiy Hronskyy SPECIFIC INTERACTION OF STATE BORDER SERVICE OF UKRAINE FOR FOREIGN â&#x20AC;Ś

approvals common filtration- test measures against those who are trying to break the border with invalid documents; major efforts focus on operational cover for the likely direction of movement of the border violators. Specific places Tactics border violators will be specified at the meetings of the Parties to the heads of operational units and others. [2]. In order to address issues related to the prevention, detection and suppression of organized forms of crime on the Ukraine Moldova border April 22, 2005 between the Authority that border and the Border Guard Service of the Republic of Moldova, signed the Protocol on Co -operate. For example, in Art. 1 above international treaty stated that the implementation of the provisions of this Protocol, the competent authorities of the Parties: 1) From the Ukrainian side Department Operations Administration SBS, operational and investigative divisions: the Southern Regional Administration, Western Regional Department, Chernivtsi, MogilevPodolsky, Kotovskogo Belgorod -Dniester border troops and Ismail SBS; 2) on the Moldovan side - Operational management of the Border Guard of the Republic of Moldova, operational territorial divisions of the Border Guard of the Republic of Moldova. [9] Thus the interaction of the above is done in the following areas: combating terrorism and terrorist activities; prevention and suppression of crimes related to trafficking, including the illegal movement across the frontier of drugs and precursors, toxic, radioactive or explosive substances, explosives, weapons and ammunition; prevention and suppression of crimes related to human trafficking and illegal migration. Moreover the above competent authorities within their competence, shall exchange information: persons linked to terrorist organizations, illegal conveyance of the state border of explosives, weapons, ammunition and other forms of terrorist activity; channels found illegal movement of persons across the 214

state border, narcotic drugs, psychotropic substances and precursors, toxic substances and other contraband; persons involved in the preparation to commit crimes on the state border, and their connections; identify new channels (attempts to create them) implementation of illegal activity at the state border, forms and methods of operation; new items in the tactics of actions infringe legislation on the state border of the Parties use illegal purposes both modern technical facilities and support of the local population of the border areas; ways violation of the state border, etc. [9]. Conclusion. Thus, the SBS during the assignment to ensure inviolability of borders, protection of the sovereign rights of Ukraine in its exclusive (marine) economic zone is in a relationship of interaction with law enforcement agencies of foreign countries. Thus SBS often interact with law enforcement agencies of the countries with which Ukraine has common borders. Among these foreign law enforcement agencies, primarily include: Border Guard Service of the FSB, the State Committee of Border Troops of the Republic of Belarus, Chief Commandant of the Border Guard of the Republic of Poland, the Bureau of Border Police and the Foreign Police Presidium of the Police Corps of the Slovak Republic, Department of Police Hungary, Romania MIA Border Police, Border Guard of the Republic of Moldova. REFERENCES 1.

2.

3. 4.

State Border Committee of the Republic of Belarus / The main objectives of Merit: official website:http://gpk.gov.by/ops/state_border_co mmittee/tasks.php. Directions operational interaction of the Border Troops of Ukraine and the MIA Border Police of Romania: International document: on 21 march. 1997 / / Official Herald of Ukraine. - 2004. - â&#x201E;&#x2013; 51. - Art. 3423. On the State Border of the Russian Federation: the Law of the Russian Federation from April 1. 1993 number 4730-FZ On Federal Security Service: Federal law from April 3. 1995 number 40-F3.


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6.

7.

Protocol between the State Border Service of Ukraine and the Department of Police of Hungary information sharing : an international document , from May 25 . 2010 / / Official Herald of Ukraine . - 2010 . - № 56. - Art. In 1923. Protocol between the State Border Service of Ukraine and the State Committee of Border Troops of the Republic of Belarus on cooperation and co -operate with the State Border Guard Service of Ukraine and the Border Troops of the Republic of Belarus: international document from Oct 5 . 2005 / / Official Herald of Ukraine . - 2008 . - № 10. Art. 268. Protocol between the Administration of the State Border Service of Ukraine and the General Commandant of the Border Guard of

8.

9.

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the Republic of Poland on the conditions of operation of counseling centers : international paper from Jun 14 . 2012 / / Official Herald of Ukraine . - 2012 . - № 54. - Art. 2196. Protocol between the State Border Service of Ukraine and the Bureau of Border Police and the Foreign Police Presidium of the Police Corps of the Slovak Republic on the directions of co -operate : international document from Oct 26 . 2005 / / Official Herald of Ukraine . 2005 . - № 50. - Art. 3168 . Protocol between the State Border Service of Ukraine and the Border Guard Service of the Republic of Moldova on co -operate : international document from Apr 22 . 2005 / / Official Herald of Ukraine . - 2005 . - № 27. Art. 1606.

AUTHOR Hronskyy Serhiy The State Border Guard Service of Ukraine

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (216-219)

ANALYSIS OF THE COMPANY SECURITY PERSONNEL Jeanna Semchuk, Ph.D. Lviv University of Business and Law ABSTRACT The article describes importance and basic task of analyzing security company personnel. Submitted by quantitative and qualitative parameters determining the enterprise security personnel. It was proved that in security company personnel is important to increase and improve production efficiency and as a result – increase profit entity. ARTICLE INFO Article history Received: 30.04.2014 Accepted: 17.06.2014 Keywords enterprise, management, employees, products, analysis, security, efficiency, science

STATEMENT OF THE PROBLEM At present, the issue of security company personnel were the subject of economic research. Particularly acute questions about the meaning and main objectives of the analysis of security personnel company as one of the main factors increase production and reduce its cost and as a result improving the competitiveness of the company and increase its profits. ANALYSIS OF RECENT RESEARCH AND PUBLICATIONS Today on the problem of security company personnel are working scientists as O. Kuzmin, O. Melnuk, P. Popovic, H. Savytska, R. Skrynkovskyy and other [1 – 5]. The writings of these authors reveals different aspects, but little attention is paid to the analysis of security personnel of the company, taking into account current practice in Ukraine.  The purpose of the study. Based on the analysis of economic sources and practices filed issues: 216

 Clarify the meaning and the main task of analyzing security company personnel (SCP);  To provide quantitative and qualitative parameters determining SCP;  To prove that is important to increase and improve production efficiency and as a result - increase profit entity. The main material of research. As a result of the review of the literature and practice by filed problem (analysis of the sufficiency of the entity), definitely need to accept the position of scientist and economist G. Sawicki [1, pg. 129 – 130], that of SCP and its efficiency depends: а) Scope and timeliness of all work performed in the organization; b) Degree of use of the equipment and machines in the enterprise; c) Production volume and production cost and profit (as a result of the economic entity's system “information - resource time” [2, pg. 22] – pic. 1 [3, pg. 232] (R.


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Skrynkovskyy) – approach of Scientific Management School of Ukrainian Academy of Sciences). Based on the information given in the sources [1, pg. 130 – 132; 2; 4, pg. 131 – 167], main objectives of the analysis SCP is:

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1) study and evaluation of the SCP by categories and professions (including its business units);

Expediency – comparison of actual results of the company and its expected effects of social functioning (or user expectations of the results)

Manufacturability – value actually spent economic resources of the enterprise to the expected results of its operations (or user expectations of the results)

Effectiveness – comparison of the results of the company and the volume of consumption of resources that it has undergone in achieving these results

I (information)

Intensity – comparison of the expected results of the enterprise (or user expectations of the results) and the actual time of the company

R’ (result)

Speed – volume ratio of the results of the company and the time required to achieve them

T (time)

R (resource)

Timeliness – comparison of the actual time of the company and scope of its economic resources costs (during the same period) Pic.1 The main analytical dependence, revealing the effectiveness of the company (system for determining economic performance "information - resource - time") Source: [3, pg. 232] (R. Skrynkovskyy)

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Jeanna Semchuk ANALYSIS OF THE COMPANY SECURITY PERSONNEL

2) identify and study the performance of staff turnover. To characterize the labor movement counting and analyzing the dynamics of the main indicators (coefficient – Кт) – formula (1)-(4) [1, pg. 131]: Кт reception staff turnover (coefficient А) – formula (1):

A

A1 S

C1 – number of staff (employees), which was released on their own initiative and under the leadership (eg, dismissal due to violations of labor discipline). It is worth to pay attention on: а) Reasons for dismissal of employees; b) Problems related to recruitment, their training, and skills. Кт permanent members of staff of the entity (coefficient D) – formula (4):

D

(1) Where A1 – number of hired personnel (employees); S – Average number of personnel. For reference, employees are divided into: а) management; b) workers (main and auxiliary output). This is the most important internal factor situational entity. Its role is determined by ability, education, qualifications, skills (professionalism), talent, needs, attitude to work, understanding of values, position, etc. [2, pg. 16; 5, pg. 356]. Кт turnover of disposal (coefficient В) – formula (2):

(2) Where: B1 – number of staff (employees) who left. Кт turnover staff (coefficient C) – formula (3):

С1 S (3)

Where: 218

(4) Where D1 – number of staff (employees) who worked for a certain period (usually one year). 3) detection reserve personnel for a more complete and efficient use. For increasing production through the creation of jobs by the formula (5):

R P RM N (5) Where:

R  P – reserve increase output; R  M – reserve increase number

В В 1 S

С

D1 S

of

work places; N – Actual average yield production staff (employees) in the reporting period. The findings of the research and prospects for further research of the subject. So, based on the foregoing and given the information in the sources [1 – 8], it is possible to confirm that adequate level of security the entity's employees (management, workers), who have the necessary knowledge (specialization) and skills, their rational use, high productivity provide an increase in production and increasing the efficiency of


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production and as a consequence increased profits of the entity. Prospects for further research - analysis of social protection of employees (of the staff).

4. 5.

REFERENCES 1.

2.

3.

Savytska H.V. Economic analysis of the company: [teach. manual.] / H.V. Savytska. – [3rd ed., revised and add.]. – Kiev: Knowledge, 2007. – 668 pg. Skrynkovskyy R.M. PS-management: concept and evolution: monthly information-analytical journal / Skrynkovskyy R.M., Т.B. Protsiuk // Economics. Finance. Law. – 2013. – № 8. – pg. 15 – 23. Skrynkovskyy R.M. System determine the result of the economic activity of the enterprise "information - resource - time" / Skrynkovskyy R.M. // Mater. X Int. scientific-practical. conf. [“Prospects for the development and current problems of Ukraine and the world ”], (Lviv, 1516 November 2014 year) / Ed. Dr. Sc. sciences. prof. Yankovskaya L.A. – Lviv: Lviv University of Business and Law, 2012. – Pg. 232 – 233.

6.

7.

8.

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Popovich P.Y. Economic Analysis of Business Entities: [textbooks] / Popovich P.Y.. – Ternopil: Economic thought, 2004. – 416 pg. Kyzmin O. Theoretical and Applied Principles of Management: [teach. guidances.] / Kyzmin O., Melnuk O. H. – [3rd ed., Ext. and revised.]. – Lviv: National University "Lviv Polytechnic" (PPI "Intelligence +" IPDO), “ Intelligence-West ”, 2007. – 384 pg. Yankovskaya L.A. Activation of education as formation of professionals in training and retraining: [guide. for teachers] / Yankovskaya L.A., Semchuk Z. V. – Lviv: National University "Lviv Polytechnic", 2009. – 36 pg. Yankovskaya L.A. Human resource management: preparation and retraining of employees: [teach. guidances.] / Yankovskaya L.A. – Lviv: Publisher of National University "Lviv Polytechnic", 2005. – 196 pg. Yankovskaya L.A. Strategic Enterprise Management: [lecture] / Yankovskaya L.A., Semchuk Z. V. – Lviv: Publisher of National University "Lviv Polytechnic", 2009. – 48 pg.

AUTHOR Z. V. Semchuk, Ph.D in Economics, Associate Professor, Associate Professor of Finance and Credit Department, Lviv University of Business and Law, Ukraine, Lviv

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (220-225)

RIGHTS OF A PERSON AND A CITIZEN AS THE MAIN ASPECT OF ANTHROPOLOGICAL PARADIGM OF LAW Oksana Stasiv Lviv State University of Internal Affairs ABSTRACT The article deals with the analysis of human and citizen’s rights, which became apparent in human culture, because just with culture is bound together everything directed to self-preservation, reproduction and improvement of human person and is embodied both in objects of material and spiritual world and in social life norms. ARTICLE INFO Article history Received: 21.03.2014 Accepted 24.07.2014 Keywords human person, human rights, social anthropological approach, evolution of humanity, general civilization culture, human dimension of globalization, social sector, nature and essence of law, human vital activity

FORMULATION OF THE PROBLEM The use of social anthropological approach in modern psychological and legal researches is essentially actualized particularly because, in spite of the fact that in the 20th century the mankind has increased four times and due to the update means of communication, it becomes more tightly linked, integrated and ‘globalized’. ANALYSIS OF THE PROBLEM EXAMINATION Different aspects of man’s and citizen’s rights in the context of anthropological paradigm of law were examined by foreign and our scientists as: P. Jurkevich, V. Solovjov, M. Berd’ajev, K. Kavelin, M. Drahomanov, P. Novhorodtchev, M. Al’eks’ejev, B. Kist’akivs’ky, S. Maksymov, O. Danyljan, A. Kozlovsky, L. Petrova, S. Slyvka, V. Shkoda and others. 220

The aim of the article lies in studying the nature and essence of a human through the prism of anthropological and explorative approach. PRESENTATION OF THE MAIN STATEMENTS Modern increase of a public person in power leads to ‘decrease’, ‘compression’ of mankind in the sense that inside it becomes more interrelated and interdependent (it was pointed out by K. Jaspers [1, p. 104-105]). Such concepts as ‘a citizen of the world’, ‘human values’ move from the category of high metaphors into routine reality [2, p. 10], and in the process of mankind identity becomes evident the awareness of its not only anthropological unity as biological type, but cultural unity as well, which provides either the way of keeping of each culture uniqueness (cultural relativism), or the way of their


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worldwide standardization (cultural universalism). Such course of history of a modern human is time requirement, and the history of mankind can be given as a process of approximation of people regardless of their being ‘social’ in the activity or ‘antisocial’ [3, p. 136]. However, in the process of ‘reduce to a common denominator’ the main task for states and communities is not to lose their national face, spirit and mentality, without which the fair laws adequate to interests and needs of separate individuals cannot exist. J. Habermas claims that democratic way of the development of human rights concept provides universal equality in treatment of human life contexts, which depend on the preservation of human identity from. But it is possible only on the condition that cultural and social differences between people and their groups will be taken into consideration with more sensitivity to the contexts [5, p. 294], that means considering images of so called basic personalities (by the terminology of A. Kurdyner), who embody certain fundamental components of society and culture [6, p. 34]. Precisely because of such socio-cultural approach to human rights and law, it is claimed in scientific literature that history and anthropology prove impossibility of natural law existence, which was recognized by all people due to their mind [7, p. 15], so, according to mentioned above, the sources of such law should be found outside the mental activity. The culture, in the basis of which lie philosophy, religion and art, includes a system of values, a program of active development and moral ideals that are the core of culture and feature of its evolution [8, p. 189-191]. One of the valuable ideals in the modern world is human rights – a part of the law, the prerequisites of which are put into human nature (‘human universals’ [9, p. 81-85]) and express one of its biosocial programs as ‘appeal to law’. Their first features began to

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manifest even in the community of ‘social animals’ [10, p. 400-401]. If we recognize that a starting point of any ideology is a division of the world on ‘I’ and ‘not-I’, so the anthropological question ‘What is I?’ must be considered in the context of contrasting a human (‘I’) to a social environment (‘not-I’), namely a society, or by terminology of M. R’abov, ‘social mankind’ [11, p. 93]. The concept of the last one, defining the essence of social still remains unexplained. V. Petrushenko indicates that modern sociologic and philosophic researches give the opportunity to identify several basic approaches to interpretation the concept of sociality, social processes and social qualities: 1) substrate-reductive approach, due to which in the basis of sociality lie genetic, biochemical or other material substrates (F. Kris, Zh. Mono, E. Wilson); 2) interactive approach, due to which public relations are caused by mutual actions of individuals involved into a general system of activity (J. Mid, L. Khomans); 3) structural and functional approach that links sociality to some complex of institutions that function in organic relations and provide the totality of social process (R. Merton); 4) mental and transcendental approach that tries to base some nonsensitive, high or absolute values, norms, samples, senses into social phenomena (M. Veber, V. Diltei, M. Sheler) [12, p. 92]. Answering the question, we should take into account two axioms: 1) a society, social relations are the product of human activity – different ‘I’; 2) the personality, being a member of the society, is formed to a great extent by this society. So, philosophical analysis of a society aimed to search the answer to the anthropological question is the analysis of a human as the image of some features of a definite society, particularly those, which are manifested in its culture, because just with culture is connected everything directed to self-preservation, 221


Oksana Stasiv RIGHTS OF A PERSON AND A CITIZEN AS THE MAIN ASPECT OF ANTHROPOLOGICAL…

reproduction and improvement of a human and embodied either in the items of material and spiritual world, or in the norms of a social life [13, p. 93]. That’s why a culture, to the mind of O. Lukasheva, can be considered as the way of human self-organization through mediation of norms and values [14, p. 29]. Besides, it is worthy the fact that philosophical analysis of a society to search the answer to the question ‘What is law?’ is also the analysis of a human as the image of certain features of a definite society manifested in its culture. A specified position regarding clarification of the nature and essence of law found its confirmation in anthropology of G. Plesner, who wrote that ‘having addressed to such formations as state, ménage, religion, science, law, we reveal that as simple quantities as complex ones… must be considered not simply as conglomerates of physical, mental and, maybe, something else, but as original integrity. This requirement logically brings us to that vital basis, from which culture grows to a human in its historical mobility’[15, p. 83]. To the opinion of O. Auzan, who regards rights as a result of public arrangements, actualization of ‘human rights’ problems in a certain period of history of mankind is determined with such factors: 1) breadth of public participation in decisionmaking, but rather, a form of state regime; 2) the history of a certain social community (in the light of history of law they get further importance for society, or for some reason, depreciate); nominal value of law (economic evaluation to every law can be given due to specifically-historic conditions); availability of social groups that possess necessary resources and want to revise the current system at some stage of conduct (value of such rules in the history is of the higher, the less impact on them have certain groups) [16, p. 43-64].

222

Addressing to the issue of human rights, F. Fukuyama notes that the world policy to a great extent is confined on the problem of human dignity and the desire of its recognition. A human constantly demands from others the recognition of his/her dignity either as a personality, or as a member of religious, ethnic, racial or other group, and fighting for such recognition has noneconomic basis. ‘In ancient times governors demanded the recognition of their highest value as a king, emperor or lord. Today people seek to establish their equal status as members of previously not respected or humiliated groups – women, gays, Ukrainians, the disabilities, American Indians and so on’ [17, p. 212]. The same conclusion was made by J. Fromm who stated that people are born equal but different (in congenital and acquired qualities under the influence of external circumstances), and their natural development is possible only under the conditions of respect to the peculiarities of each individual and cultivation of uniqueness of each person. Under such circumstances human equality means that all of them possess common human qualities, share general tragic fate and have the similar inalienable right to freedom and happiness [18, p. 27]. Basing on this interpretation of rights inalienability, R.A. Pozner made the conclusion on primitiveness of human rights concept. He assumed that ‘our feeling of having some rights that are wrong to be deprived, is a basic feature of human psychology…; moreover: it can be seen even in animals’ [19, p. 324]. Nowadays all people are considered as humans. However, the concept of human at the same time implies the notion of inhuman. According to J. Baudrillard, progress of Humanity and Culture is nothing like a chain of successive discrimination, which considers the ‘other’ as non-persons’ [20, p. 207] (such a ‘logic of racism’ was already when human individual sacrificed divine status of animals they had in the past, separating these


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creatures from themselves with a ‘lower world’ - the so-called animal kingdom [21, p. 191193]). J. Maritan wrote that a human possesses inalienable rights, but is deprived with the possibility to demand realization of some rights through the presence of certain element of inhumanity in social structure of any period. So, in some periods of the history development it is useful to refuse from realization of definite rights, which we continue to possess on [22, p. 98, 99]. R.A. Pozner keeps the same idea noting that ‘the content of rights changes with social surrounding, but the feeling of rights possession remains unchangeable’ [19, p. 324]. For primitive people humans were only members of their tribe, other were something different. But for us humans mean all of us, and others (in particular, nature) are nothing [20, p. 207-208]. Although clear criteria for differentiation of human from inhuman never existed, it is possible to reveal the historical tendency of rational search of differences between people and their division into groups. Mankind always used such a search by color of the skin, ethnic data, sex, social status, creed, Sexual orientation, and on this basis – to the division of people into humans and inhumans, normal and abnormal, full and defective, which often caused and causes confrontation and opposition between them, even death-feud. From this point of view, history of human development can be regarded as a history of discrimination of people by people, fighting with such discrimination. One of the effective means of its overcoming in the modern world is the concept of human natural rights. M. Rizebrodt thinks that violation of rights (either as a form of discrimination of their carrier, or as a feature of imperfection of right limitative violence of the state in the sense appointed by us above) is not authentic ‘part’ of a certain civilization [23, p. 28].

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However, such violations are spread in all societies that recognize (sometimes formally) human rights. In this sense violation of human rights is the phenomenon as unique as universal is the presence of limits in them. M. Rizebrodt also writes that modern history of the West indicates that the violations of democracy and human rights were and are normal. Thus, nearly bicentennial U.S. political practice in the domestic sphere is characterized by a combination of policies of expulsion and destruction of the Indian population with slavery and apartheid policies of the African-American population, and in the external sphere it focuses on military dominance and implementation of market interests, and only in rare cases - on human rights [23, p. 31]. Summarized position on this issue was expressed by J. Mere, arguing that under modern conditions the concept of ‘human rights’ is an expression of ideological fiction of ‘the human race’; in the whole world there are no such states that referring to human rights would consistently adhere to these rights, and actually defended them in other states – potential sources of getting by ‘defenders’ economic profit [24, p. 182-183]. B. Russell indicated that each human community is threatened by two opposite dangers: on the one hand, ossification from excessive discipline and respect for tradition, and, on the other hand, decay or failure from foreign invaders because of the rise of individualism and personal independence that prevent cooperation… [25, p. 13]. William Mc. Neill argues that the centers of high culture (ie civilization - in his sense), demonstrating their neighbors attractive innovations, became for them a sort of stimuli around which less developed nations have sought to master innovations and thus gain access to everything that provides the benefits of civilization to those who have them [26, p. 12]. However, basing on the observations of J. Habermas, cultures remain ‘alive’ when they 223


Oksana Stasiv RIGHTS OF A PERSON AND A CITIZEN AS THE MAIN ASPECT OF ANTHROPOLOGICAL…

not only derive their strength from secession, but when a force is generated by their criticism [5, p. 311]. S. Slyvka notes that the sophistication of national culture is defined as by the degree of assimilation of her international achievements, as the ability to enrich world culture by its achievements [27, p. 9-10]. But, considering the current trends in solving the dilemma of choosing by national culture between such level and the ability, it must be noted that in each case this dilemma is usually resolved in favor of one thing. Moreover, in a situation with the interpretation of human rights in societies, which are carriers of different cultures, there is an attraction to the ‘social definition’ of such rights depending on the particular economic, social and cultural development of a society. This approach to human rights is explained, in part, by the fact that although all people have a common biological (and R.A Posner would add economic [28, p. 30-31]) nature, however, as to L. Stevenson, human uniqueness ‘is defined to some extent by the dependence of our behavior on specific human culture in which we grow, and in part – from individual choice’ [29, p. 225]. Therefore, in order to better know this relationship better, a socalled dialogue of cultures is required. It’s impossible to establish it without understanding own cultural text and decoding own cultural code. After that, to have a dialogue between cultures take place, each participant has to know, what this dialogue is about, and what he as a speaker wants to say to the other party, who listens carefully and thoughtfully. In general, we should agree with V. Nersesyants, who noted that ‘the history of human civilization shows its "movement from different local histories to more worldwide universal history, accompanied by a change of phases, degrees of different specific historical processes caused by general social globalization and related to them legal norms, forms, and procedures of their legal expression, streamline and consolidation’ [30, 224

p.40]. Namely the history confirms our development towards the creation of internally different human civilization, uniting spiritual and cultural experience of different nations, eliminates the differences between them [8, p. 562] and which is based on inherent human ideals that find their generalized expression in international human rights standards [4, p. 17]. And often such a defining historical role of human ideals is explained by the fact that in the heart of all cultures (including religious) is a number of identical basic principles. Although, opposed to this thesis, there is usually put forward a different one: national and ethnic always takes precedence over universal, since all of human history is a struggle of warring ethnic groups that have the national language in the basis of their thinking and culture [31, p. 339]. CONCLUSIONS Summarizing all mentioned above, we can state that a legal person is a human individual, who, because of his inherent nature, has legal innate qualities (natural, inalienable, fundamental rights), which are an essential component of general social law. And a legal person is a human individual, who in the process of socialization is able to perceive, transform and implement the law as speciallysocial (public-willed, legal, ‘positive’) phenomenon, which is a part of the prevailing culture in a given society. REFERENCES 1.

2.

3.

Karl Jaspers. Spiritual situation of time // Textbook on the History of Philosophy: 6 books. / Ed. by G.I Volynka. - K.: The company ‘Trust’, 1993. - Book. 6: Foreign philosophy of the XX century. / Ed. by G.I Volynka. - P. 101-114. Globalization: the human dimension: educational accessory. - Moscow: Moscow State Institute of International Relations (University); Russian Political Encyclopedia (ROSSPEN) 2003. – 112 p. Grinin L.I. The state and the historical process. Political section of the historical process. - M.: KomKniga, 2007. – 240 p.


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4.

5.

6. 7. 8. 9.

10. 11.

12. 13.

14. 15.

16. 17.

Markova-Murashova S.A. Existence and interaction of modern legal systems in the legal convergence // Yurist-Pravoved. - 2005. - № 1 (12). - P. 16-22. Habermas J. The involvement of the other: studies of political theory / translated from German by Dahnii A., Scient. ed. B. Polyarush. - Lviv: Astrolabia, 2006. - 416 p. Zhyulia D. Philosophical Dictionary / translation from French - Moscow: International Relations, 2000. – 544 p. Shtrauss L. Natural Law and History. - M.: Aquarius Publishers, 2007. – 312 p. Garin I.I. What is philosophy? // Garin I.I. What is Philosophy?; East and West; What is truth? Moscow: TERRA - Book Club, 2001. - P. 4-556. Dobriansky S.P. Actual problems of the general theory of human rights / Works of Lviv laboratory of human and civil rights of the Research Institute of State and Local governments of Academy of Sciences of Ukraine / editorial board: P.M. Rabinovich (main. ed.) and others. - Series I. Researches and essays. Iss. 10. - Lviv: Astron, 2006. - 120 p. Alekseev S.S. Favorites. - M.: Statute, 2003. – 480 p. Ryabov N.I. Dialectics of paradigms in the study of humanity nature / ed. by V.I. Antonenko. - M.: Socio-Political Thought, 2007. – 178 p. Petrushenko V.L. Philosophy of knowledge: ontology, epistemology, axiology: Monograph. Lviv: Achilles, 2005. - 320 p. Balashov L.E. Interesting philosophy: educational accessory. - 2nd ed. - Moscow: Publishing Corporation ‘Dashkov and K °’, 2006. - 128 p. Human rights and globalization of the modern world / Min. Ed. Corresp. Member of RAS E.A. Lukasheva. - M.: Normal, 2005. – 464 p. Plesner X. Steps of organic and a man: an introduction to philosophical anthropology: transl. from German. - Moscow: Russian Political Encyclopedia (ROSSPEN), 2004. – 368 p. A. Auzan. Reestablishment of the state: the social contract. - M.: Europe 2006. – 112 p. Fukuyama F. Great Crash. Human nature and the restoration of social order / transl. from

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English by B. Dmytruk. - Lviv: Calvary, 2005. 380 p. 18. Nurkaeva T.N. Personal (civil) rights and human freedom: the nature and socio-legal characteristic: educational accessory. - Kazan: Publish. House ‘Taglimat’ of the Institute of Economics, Management and Law, 2006. – 60 p. 19. Pozner P.A. Problems of Jurisprudence / transl. from English by S. Savchenko. - H.: Acta, 2004. - 488 p. 20. Jean Baudrillard. Symbolic exchange and death / transl. from French by L. Kononovich. - Lviv: Calvary, 2004. - 376 p. 21. Jean Baudrillard. Simulacra and Simulation / transl. from French by V. Hovhun. - K.: Publish. House of Solomija Pavlychko ‘Foundations’, 2004. - 230 p. 22. J. Maritan. Man and State / transl. from English by T. Lifintseva. - M.: Idea Press, 2000. - 196 p. 23. Rizebrodt M. Back religions. Fundamentalism and ‘cultural struggle’ / transl. from German by R. Mov'yak. - Lviv: Achilles, 2005. - 152 p. 24. Mere J. Principle of sovereignty. History and foundations of modern power / transl. from French by L. Kononovich. - Lviv: Calvary, 2003. - 216 p. 25. Russell B. History of Western Philosophy / transl. from English by Lisnyak Yu, P. Taraschuk. - K.: Fundamentals, 1995 - 759 p. 26. Mc. Neil V. Rise of the West. The history of human society (with the author's retrospective foreword). - K.: Nika Center, 2002. - 1112 p. 27. Slyvka S.S. Natural and Supernatural Law: in 3 parts - Part 1: Natural law: historical and philosophical view. - K.: Atika, 2005. - 224 p. 28. Pozner R.A. Economic analysis of law / transl. from English by S. Savchenko. - X.: Acta, 2003. - 864 p. 29. Stevenson L. Ten theories of human nature / transl. by V.V. Vasiliev. - M.: WORD / SLOVO, 2004. – 230 p. 30. Nersesyants V.S. Universalization of the law and the state in a globalizing world // State and Law. - 2005. - № 5. - P. 38-47. 31. Pivovarov D.V. Philosophy of religion: educational accessory. - M.: Academic Project; Ekaterinburg: Business Book 2006. – 640 p.a

AUTHOR Stasiv Oksana a researcher of the department of theory and history of state and law Lviv State University of Internal Affairs

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2014 (226-228)

JUDICIAL EXPERTS: LIABILITY IN JUDICIAL EXAMINATION Oleksandr Fedotov Service of Internal Affairs of Ukraine

ARTICLE INFO Article history Received: 30.04.2014 Accepted: 27.05.2014 Keywords Forensic science, administration, law

In conducting a comprehensive examination commission or experts - members of the committee may consult with each other. In case of disagreement with the opinion of colleagues during the examination of an expert commission may give a separate opinion, in case of complex expertise - just sign their results of the research. If an examination conducted by an expert who does not work in a specialized state expert institutions, he is entitled to receive remuneration and reimbursement of expenses during the examination. The expert shall have the right conclusion and answer questions during interrogation in the native language as well as writing and answer the questions that are put in the interrogation. Judge may make statements which should be entered in the minutes of the interrogation or other investigative action, in which the expert is involved, on misinterpretation of his opinion or testimony and make comments about the supplement and refine the protocol of investigative action. The expert has the right to lodge complaints against the actions and decisions of the investigator in charge of the case, and the head of the expert institution ( department), if these actions violate the law or procedure of a court expert examination. 226

If there is a real threat to life, health, home and property expert may require security to him, members of his family or close relatives. Expert forbidden under threat of criminal charges of knowingly giving false testimony [3; 4]. An expert can examine objects not listed in the resolution of an examination. However, if an expert in the study, found objects that are on the other, in the order specified nredmetah - sows (eg, microscopic on the clothes of the victim or instruments of crime), he is entitled to investigate them. As the forensic expert is not subject to proof, he is forbidden to independently gather the materials needed for the examination, but not presented in due course. This does not apply to the case where the samples for comparative studies expert selected by the expert from the experiment for examination of objects, such as from firearms, cutting tools and more. To substantiate the findings of the expert may not use information or materials from nonprocedural sources, for example, according to the investigator. Expert forbidden to address issues beyond its competence and without appropriate mark to change the original wording of the resolution of issues in their presentation to conclusion.


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Forensic expert forbidden to divulge details of pre-trial investigation, including medical treatment, which became known to him as a result of the examination. To avoid doubt on the objectivity of the expert it is forbidden to have contact not provided procedures for the examination of the accused (suspect), victim, plaintiff, defendant and other interested parties in the case. Employees of state forensic institution is not entitled to: a) examine, without the written instructions of the head of the expert institution ( unit), excluding examinations entrusted to the expert investigator immediately after the examination in which he participated as an expert, and examinations are held during the trial; b) to perform forensic activities as private experts; c) keep criminal cases, the subject of the examination and the evidence and documents, which are subject expertise beyond the business premises [1; 2]. Forensic expert criminally responsible: 1) by knowingly giving false conclusion, that is, shew -mo false statement about the presence or absence of any facts that are the subject of examination (Article 384 of the Criminal Code of Ukraine); 2) for the refusal of a person who acts in a case as forensic expert from giving an opinion without good reason (Article 385 of the Criminal Code of Ukraine). This liability is the case referral expert unmotivated message impossibility giving an opinion; 3) the disclosure of data of the preliminary investigation or inquiry that became known experts in connection with the examination (Article 387 of the Criminal Code of Ukraine). Administrative responsibility for centuries. 1853 of the Code of Ukraine on Administrative Offences following the fraudulent evasion expert to appear before the investigating authorities and the courts.

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Disciplinary liability experts - employees of state expert institutions (departments) provided for violation of examination and unfair attitude to their duties that do not involve criminal or administrative liability and disciplinary action include:  Prevention;  Suspension of the certificate of qualification forensic expert;  Cancellation of certificate of qualification forensic expert;  Reduction in rank forensic expert. Freelance expert agencies admitted for disciplinary violations may be dismissed as a freelancer. Conditions precluding the possibility of assignment knowledgeable person examination Knowledgeable person can not act as a court expert in a criminal case in the following cases: 1) recognized in accordance with the law incapable; 2) has been convicted; 3) a relative of the victim, the accused, the suspect, the investigator, the person conducting the inquiry [4; 6]; 4) the victim, civil plaintiff, civil defendant, their representatives or witnesses; 5) participate in the case as a prosecutor, defense counsel, interpreter, witness, investigator; inquirer; 6) is in service or other depending on the accused, the victim; 7) personal or family directly or indirectly interested in the outcome of the case, which may give rise to doubts about the objectivity; 8) was the auditor who conducted the audit, which served as the basis for criminal prosecution. A similar claim is presented to knowledgeable individuals who participated in various official audit and investigative audit and documentary checks, assisted living person as a result 227


A. Fedotov JUDICIAL EXPERTS: LIABILITY IN JUDICIAL EXAMINATION

of conduct which formed the basis of their material to a criminal investigation [5; 7]. Reported claims guarantee compliance with the principle of objectivity and impartiality in the investigation of a criminal case; 9) is the expert who conducted the initial examination in respect of which the examination is repeated. REFERENCES 1.

Біленчук П. Д., КуркоМ. Н., Стахівський С. М. Проведення судових експертиз: Довідник. — К., 1995.

2. 3. 4. 5. 6. 7.

Бурков И. В., Мурзиков А. В. Заключение эксперта как вид доказательств. — М., 2001. Винберг Л. А. Функции и структура экспертнокриминали-стических подразделений. — М., 1992. Колдин В. Я. Судебная идентификация. — М., 2002. Шляхов А. Р. Судебная экспертиза: организация и проведение. - М., 1980. Шепітько В. Ю. Довідник слідчого. — К., 2000. Щербаковский М. Г., Кравченко А. А. Применение специальных знаний при раскрытии и расследовании преступлений. — Харьков, 1999.

AUTHOR A. Fedotov Head State Center – Chief Expert; Service of Internal Affairs of Ukraine

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EXPERT STUDY. ANALYSIS AND SYNTHESIS OF FEATURES DERIVED FROM THE EXPERT EXPERIMENT Lyubomyr Sopilnyk Center MIA of Ukraine ARTICLE INFO Article history Received: 30.04.2014 Accepted 17.06.2014 Keywords Expert study, researches, methods

Analysis and synthesis of signs that obtained from the expert experiment allows to fully carry out a comparative study. The main objective of this stage is to compare, match or determine the differences identified in the separate study of complex attributes of the objects, and if the differences - establishing their causes, they are essential or accidental [1; p.12- 54]. Analytical and Comparative Study interdependent. The procedure is based on the comparison of the properties established during separate research projects. In turn, the task object itself separate research direction entirely determined by the appointment of the steps of: preparing a comparative study. Dedicated and tested for analytical stage properties and characteristics of objects are compared with the corresponding properties and characteristics of the experimental sample audited (with identification studies), standard samples counterparts, with indicators of scientific, technical and other classifications, standards and technical parameters standards, the default state objects typical situations ( in diagnostic studies ).

Comparative study during the identification and diagnostic tests is specific. First, during the identification always compares two physical objects: evidence from samples or other physical evidence like. Second, the object can be identified only by a comparative study of the complex identification signs: general and specific. At this stage of precedence is the method of comparison. Among the technical tools used special optical devices: a comparative microscope, comparators, binocular stereoscopic biological microscopes and other instruments to facilitate and direct visual comparison of the compared objects. When comparing objects based on the results of quantitative determination of the composition and structure of the material used methods of mathematical statistics measurement results [2; p.154]. Comparative study of the identification phase consists usually of two stages. In the first stage examines and compares common ( generic ) feature. Compare it possible to solve the issue of differences of objects or their belonging to the same genus, species and groups. This stage may result in withdrawal of the lack of identity, if there are 229


Lyubomyr Sopilnyk SPECIFIC INTERACTION OF STATE BORDER SERVICE OF UKRAINE FOR FOREIGNâ&#x20AC;Ś

significant differences of common characteristics comparable objects. In this case, the difference in establishing general properties no need to further detail the properties of the objects being compared. Thus, establishing differences in the type of paint over paint particles, such as papillary pattern when comparing traces of hands, the number of rifling in the barrel firearms when comparing bullets print size stamp when comparing the details so enough for a negative conclusion about the identity [1; p.12 -54 ]. If the expert establishes the convergence of common characteristics, then proceed to the second stage - the study of individual characteristics. For example, the first stage compared signs of general relief structure reflecting the structure of the outer barrel, and the second - some of its micro sites. In the same sequence is to study if the difference set general attributes of the objects, but it is recognized as an expert irrelevant to the task. For example, the overall shape of the sole of shoe is different from the validated form the desired shoe in the track - reflection, but the differences caused by wear shoes that took place after the formation of the track. At this stage, there are two methods of comparison: direct and indirect comparisons. There are two types of direct comparison, and zero -difference. Using a null comparison, the expert seeks to achieve full convergence of sizes, shapes, and relative position mapping parts of the compared traces or models: the road with ancillary merge into one line, details of relief when applied fully overlap. For example, a full match mikrotras that reflect inequalities guns hacking and crowbar being checked. To achieve zero effect produced experimental traces in an environment as close as possible to the conditions of formation of traces [3]. When comparing difference allowed some differences, which should give special expert evidence-based explanation of the nature of 230

their origin. For example, some differences in the performance of signature of the person who inspected the disputed signatures and caused the deterioration of a person. If identification by direct comparison using a number of methods comparison picture: simple matching, combining and superimposing images printed directly from the grating, geometric shapes and more. This method compares the seal, traces, displaying captions and so on. Photographic images should be performed strictly in one scale, and photography performed under the same conditions (light, negative material and so on). Strict compliance with all regulations required mikrofotozyomka (same angle coverage, the right choice multiplicity increase, setting objects in the same plane and in the same position). Failure to comply with these requirements results in a different scale, the lack of sharpness of images in photographs, the loss of some features and they can not be complete comparison [1; p.12- 54]. Indirect comparison is to compare the data on the characteristics obtained during two separate research track, track and sample. In this way, compared data on the properties of objects obtained using instrumental methods. Results of the study of organic and inorganic material composition of metals, paints, lubricants, fibers, soil and other objects are represented as qualitative and quantitative indicators, charts, spectrograms, and other forms. Comparison profilohram, spectra curves syhnalohram in the case of instrumental methods carried out on the basis of a thorough qualitative analysis and preliminary decoding of the data. In this case the method of superposition or overlapping. The research results obtained in numerical form, are processed using different mathematical criteria [4].


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REFERENCES 1.

2.

Дондик Н. Я.Спеціальні бухгалтерські знання та їх застосування під час розкриття та розслідування економічних злочинів: монографія / Н. Я. Дондик. — К.: Атіка, 2007. — 144 с. Мумінова-Савіна Г. Г. Судово-бухгалтерська експертиза: Навч.- метод. посібник для самост. вивч. дисцип. — К.: КНЕУ, 2004. — 268 с.

3. 4.

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Клименко Н. І. Судова експертологія: курс лекцій. — К., 2007. Белкин Р.С. Курс криминалистики : учеб. пособ. для вузов / Р.С. Белкин. — М. :ЮНИТИ ДАНА, 2001. — 837 с.

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DEFINITION OF CONFORMITY DIRECTED TO EXPERTISE SITES Roman Zayats Ph.D. State Center for Internal Affairs of Ukraine ARTICLE INFO Article history Received: 30.04.2014 Accepted: 03.07.2014 Keywords Evidence, conformity, expertise

Consistency directed to the examination of objects received in order to experts, and studied them during the examination. The study labels on packages received expert, the appearance of objects that have been investigated during the examination, set their compliance objects that have been identified, extracted and displayed in the criminal case referred to in the resolution of an examination [1; p.101- 105]. Objects and output data related to the crime, which is not reflected in the file, as mentioned above, cannot be used by an expert because they do not correspond to the principle of admissibility. Installation complete and the scope of our assessment, clarity of final conclusions. At this stage it is necessary to determine the following:  Are all questions stated in the resolution of an examination, answered. Note that the number of final conclusions do not necessarily coincide with the number of questions asked. The opinion can be solved questions posed by the initiative of the expert, if findings relevant to the case (Article 200 CPC of Ukraine). If the resolution of an examination were made on issues related to different kinds of 232

expertise, in the opinion of the expert that solves some issues should include links to other findings that have solved other issues;  Or all of the objects studied presented an expert, do not "forget" any objects in cases where the examination is sent to a large number of physical evidence (eg, documents, accounting records for the longest period of the company ; loose pills seized in different places, etc..)  Whether the expert made final conclusions crisp, clear, unambiguous, those that do not require them to understand the nature of expertise [1; p.110- 130]. The definition of logical validity of conclusions. In the study, a written expert opinion investigator must determine whether the resulting final conclusions of the expert of the research. For this purpose, is defined by:  Compliance with finite intermediate conclusions set out in the experimental part of the report. Sure interim findings complete some sections of the study. their presence is characteristic of the comprehensive examination and the study of heterogeneous or bahatoyakisnyh objects in relation to each of which is made a separate interim report (conclusions);


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The absence of contradictions between different parts of the conclusion. For example, are consistent interpretation of the research results contained in the text of the conclusion of the research data or photographs annexed to the report. If you conduct a comprehensive examination of one of the experts using the research results of another expert, the " raw data " of the first expert should coincide with the findings of the second intermediate;  Lack of arithmetic errors in computation performed. In accounting, avtotehnichnyh, commodity, material science and other expertise, which are determined during the various quantitative indicators are used fairly simple mathematical formulas are available for reference check by the investigator;  The presence of the criminal case or other expert findings of the data, facts and circumstances relied upon by the expert for the argument, made the final study report. For example, expert automotive uses for calculating the size of the carriageway, which are reflected in the scheme protocol inspection of the motor vehicle accident. Determination of membership identified expert evidence of Investigation criminal case. The investigator determines that there is a connection between the actual data displayed in the expert opinion, the circumstances to be proved, that is a matter of proof. Due to the nature of formation of expert opinion as evidence in a criminal case the requirement of membership is composed of the following:  Informative, describing the correspondence between the information content of the expert and the circumstances of the criminal case ;  Value, which determines the ability of the information contained in the conclusion to confirm or deny the circumstances relevant to the investigation of the crime [1 ; p.110- 130].

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A positive decision on the conclusion belonging to the subject of expert evidence means that the investigator can use it to establish the circumstances of the crime, the guilt of the accused and the other circumstances mentioned in Art. 64 Code of Ukraine. In most cases, expert studies established the so-called evidentiary facts on which defined the main facts that are the subject of evidence. Matching Expert opinions other evidence is the case. After evaluating the internal content expert opinion findings are compared with other evidence collected in the case. If the conflict between the totals of expert opinion (experts) and case-file, the output is used in court evidence. The presence of conflict requires verification report. The contradiction may be due as mistakes in assessment, and other evidence of poor quality. For example, if the fingerprint examination determined that the marks left at the scene by the suspect, and the testimony of witnesses at this point he did not show up, the contradictions are resolved by checking all the evidence: how the repeat examination and clarification of testimony. A special study and evaluation of the expert involves determining the scientific validity of the final conclusions of the expert and his expertise. Practice shows that the investigator and the court are usually not able to assess any scientific validity of expert opinion, not the right choice and application of research methods, nor consistent with the achievement of the modern branch of science. Objective reason for this situation is that for such an assessment, they should have the same knowledge as the expert. Also difficult to assessing the level of competence of a forensic expert who performed the examination. Although the opinion states education, profession, work experience and other information, but this is even the existence of a scientific degree and academic 233


R. Zayats DEFINITION OF CONFORMITY DIRECTED TO EXPERTISE SITES

rank, is not evidence of competence experts in the particular expert study [2]. Evaluation of the scientific validity of the expert knowledge required in that field of expertise, which relates to the subject matter expertise and performed on which objects are investigated. Evaluation of the results of the studies are often beyond their strength not only for investigators, but even the experts is a problem of another jurisdiction ( specialty). Awarded fact is objective sources that are, first, the differentiation of specialized knowledge and, secondly, the development of scientific and methodological foundations of some forensic examinations [3]. Determination of sufficient facilities for examination to address the issues. A sufficient number of presented objects (their number, weight, volume, size) assessed against appropriate for expert research methods and techniques. The requirement of a sufficient number of sites concerned mainly required for installation identification number of

comparative studies of samples. The lack of comparative material can be the cause of the error, that is making the wrong conclusion or a disclaimer of solving this issue. Sometimes the expert clearly states in summarizing conclusion about the impossibility of resolving the issue due to insufficient facilities. The experts do not always use their right to submit petitions for additional materials (Article 77 CPC of Ukraine). In this case it is necessary to turn to the criminal case and find out whether it was possible to obtain a sufficient number of samples [1 ; p.130]. REFERENCES 1. 2.

3.

Салтевський М.В. Криміналістика (у сучасному викладі): підручник / М.В. Салтевський. — К.: Кондор, 2005. — 588 с. Базась М. Ф.Теоретико-методологічні засади судово-бухгал¬терської експертизи: Навч. посіб. для студ. вищ. навч. закл. — К.: МАУП. 2007. — 488 с. Поетика В. И. Оценка заключения экспертакриминалиста.: Лекция. — Одесса, 1975.

AUTHOR Zayats R. PhD. The First Deputy Chief State Center for Internal Affairs of Ukraine colonel of militia.

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ЮГО-ВОСТОЧНАЯ УКРАИНА – ГРАЖДАНСКАЯ ВОЙНА РЕПОРТАЖ С МЕСТА СОБЫТИЙ ЭЛИЗЕО БЕРТОЛАЗИ Научный Сотрудник Института Высшей Школы Геополитики и Смежных Наук

Недавно я вернулся из очень напряженного и трудного путешествия по Юго-Восточной Украине: Харьков, Донецк, Луганск... Ситуация буквально разгорается, там сейчас «гражданская война», по крайней мере, в Юго-Восточных областях Украины. Поэтому, невозможно использовать другое определение такой ситуации, которое может ввести в заблуждение! Надо просто проехать по региону, чтобы понять это! Население Юго-Восточной Украины, кажется, не имеет никакого намерения принимать новую власть, которая установилась в Киеве в феврале этого года. Здесь вступают в игру серьезные проблемы идентичности, зависящие от

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истории страны. Я делаю этот анализ на основе проведенных мною многих интервью. Люди из этих регионов, по крайней мере, большинство из них, русские и говорящие на русском языке, требуют их самостоятельность, и даже, присоединение к «России-матушке», потому что продолжают чувствовать, что это их Родина. На многих демонстрациях, размахивая российскими флагами, люди поют песни времен Великой Отечественной войны, чья победа отмечается каждый год 9 мая как «День Победы».


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Протесты, которые распространяются как лесные пожары, также принимают точные идеологические коннотации. В этой братоубийственной войне пророссийских сепаратистов Киев называет «террористами», а пророссийские сепаратисты называют украинские войска, посланные из Киева, чтобы подавить восстание просто «фашистами». Сепаратисты говорят: «Фашизм не пройдет!». Но сами сепаратисты не хотят

слышать такое название и называют себя «защитниками» русской идентичности.

Я был тогда в Славянске и Краматорске, в центре этого огромного народного восстания. Муниципалитеты в этих 2-х городах попрежнему твердо находятся в руках пророссийской милиции.

вертолеты украинских сил, которые пролетают над городами в этих местах.

Эти два города находятся под постоянным давлением. Почти каждую ночь последовательные атаки киевских сил против многочисленных контрольнопропускных пунктов, укомплектованных пророссийской милицией. Часто можно увидеть

На демонстрациях вновь появляется символика, которая была на протяжении всего советского периода: красный флаг с серпом и молотом, гимн России, и, конечно, все памятные знаки победы в Великой Отечественной войне над фашизмом.

Эти два города изолированы от остальной части страны, нет никакого общественного транспорта, который бы выходил и входил в эти города, нет ни автобусов, ни поездов. Вьезд или выезд из региона частными средствами предполагает пересечение многочисленных контрольно-пропускных пунктов. Те блок-посты, которые находятся ближе к городу, в руках пророссийских защитников. Их можно узнать по российским флагам, которые развиваются 237


ЭЛИЗЕО БЕРТОЛАЗИ ЮГО-ВОСТОЧНАЯ УКРАИНА – ГРАЖДАНСКАЯ ВОЙНА РЕПОРТАЖ…

над барьерами. А те, более отдаленные, и которые окружают прилегающую область, находятся в руках киевских войск, узнаваемые по флагам Украины и многочисленной бронетехнике. Несмотря ни на что, Славянск и Краматорск будут оказывать сопротивление до конца. Я сделал много интервью с боевиками, и все отвечали мне: «Мы будем продолжать до конца! Нет пути назад!». Когда я говорю о милиции, я говорю в основном о популярной самообороне, так называемой «Народное Ополчение Донбасса». В этих рядах есть студент, который оставил школу, чтобы

стать на защиту своей страны, пенсионер, который всю свою жизнь работал в шахтах, и теперь тащит автомат Калашникова, и он также готов потерять свою жизнь чтобы отказаться от «фашистов». Когда я спросил, почему вы готовы бросить все ради этой войны, ответ был такой: «Для наших детей, для нашей идентичности, для нашей страны, для России». Что поражает меня это тот факт, что люди, и часто молодые люди, готовы пожертвовать своей жизнью ради идеала, где индивидуальный предел смерти превышен подвигом, который дает ему состояние вечности без места и времени.

В субботу утром, доступ в аэропорт Краматорска был заблокирован украинскими военными. Я подошел к отделу СБУ (Служба безопасности Украины). Они были в бронежелетах, хорошо экипированы, их лица были покрыты масками. В ту же субботу днем (3-го мая), пророссийская милиция Краматорска была готова защищать город от штурма

солдат Киева. Для того, чтобы предотвратить продвижение украинских бронемашин, защитники города подожгли автобус, стоящий поперек улицы, и ведущей к центру города, и тем самым создали жесткий барьер и плотную завесу дыма и огня. Затем начали звучать сирены для оповещения гражданского населения о предстоящем нападении, и для того, чтобы призвать их не выходить

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на улицу и укрыться в доме. Игнорируя эти рекомендации, население начало валить на улицу почти в один ряд с

боевиками. Многие говорили: «Это наш город, мы готовы защищать его до конца».

Нападения не было только потому, что это дало бы огромную резню мирных жителей. Этот жест имеет большое значение для гражданского населения, он показал большую народную поддержку делу восстания.

населения. Я пессимист в том, что все еще можно найти некоторые возможности для переговоров в этом кризисе. На мой взгляд, к настоящему времени уже было слишком много смертей, позиции были ужесточены и радикальны, чтобы исключить вероятность того, что там будет, по крайней мере, в краткосрочной перспективе такая позиция компромисса, независимо от исхода любых выборов.

Будучи свидетелем происходящего, я могу сказать, что гражданские лица не используются в качестве живых щитов пророссийскими боевиками. Иными словами, на мой взгляд, этот бунт, который теперь простирается от Харькова до Одессы, не мог ни устоять, ни существовать без сильной поддержки

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AUTHOR Элизео Бертолази, Антрополог Университета Милано-Бикокка Научный Сотрудник Института Высшей Школы Геополитики и Смежных Наук (IsAG), Корреспондент «газета – Геополитика», www.geopolitica-rivista.org Корреспондент «Голос России - Италия»

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функционирования организации особенно СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАСНОСТЬЮ ИНФОРМАЦИИ важным элементом является применение

ЭФФЕКТИВНОЕ ОРУДИЕ ПОЛИТИКИ ИНФОРМЦИОННОЙ БЕЗОПАСНОСТИ сорвременных информационных систем, обработки и управления информаццией и INFORMATION SECURITY MANAGEMENT SYSTEM – EFFECTIVE TOOL INFORMATION SECURITY POLICY Юлиуш Пивоварски [Juliusz Piwowarski] 1 Мариуш Розвадовски [Mariusz Rozwadowski] 2 1,2 School

of Higher Education in Public and Individual Security “Apeiron” in Kraków

ВВЕДЕНИЕ ABSTRTACT Система управления Безопасностью информации (СУБИ)- эффективноое орудие политики информационной безопасности. Ее использование позволяет оценить риск, позволяет правильно обслуживать риск,, эффективно управлять безопасностью информаци внутри организации и в контактах с посторонними. Очень важно при этом, чтобы обеспечить безопасность человевеческих ресурсов и информации, компьютерных систем и особенно важных данных, Универсальный характер СУБИ) позволил использовать ее в организацищях, как частного так и публичного секторов. Information Security Management System is an effective information security policy. Its application allows estimating the risk, service risk in an appropriate manner, the effective management of information security within the organization and in dealing with others. It is very important to ensure the safety of human resources and information systems, networks and sensitive data. The universal character of the ISMS resulted in its use in organizations in the private and public sectors. ARTICLE INFO Article history Received 05.05.2014 Accepted 16.07.2014 Keywords политика безопасноти информации, система управления безопаностью информации, особо важные ресурсы

1. ВВЕДЕНИЕ Уровень достижения намеченной цели свидетельствует об эффективности деятельности и развития организацции, как частного, так и публичного секторов. В принадлежащим к второму столпу культуры безопасности1 процессе

J. Piwowarski, Kultura bezpieczeństwa, [в:] „Kultura bezpieczeństwa. Praktyka – Nauka – Refleksje”, Apeiron WSBPiA, No. 12, Kraków 2012. 1

современных технологий, характерных для профиля работ организациии.Информация - важнейший актив организации, часто, решающий о ее успехе или поражении. Поэтому она должна быть соответстующим образом защищена. Защитой важной дла организации информациии должно заниматься ее руководство и все ее сотрудники. Важно, чтобы для обеспечения высокого уровня защиты информации, анализа и оценки возникающего риска, 241


Юлиуш Пивоварски, Мариуш Розвадовски СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАСНОСТЬЮ ИНФОРМАЦИИ…

создать политику безопасности информации, соответствуюшую данной организации. Для этой цели следует правильно организовать активы организации, как информационные, так и личностные и надлежащим образом ими управлять. Способстующим орудием для реализации этой цели будет установление и реализацция а также строгое соблюдение Системы Управения безопасностью Информаци (СУБИ). (СУБИ) универсальная категория, опираюшаяся на подход, вытекающий из бизнес-риска, касающаяся установления, внедрения, эксплуатации, мониторинга, хранения и совершенствования безопасности информации. Она содержит организационную структуру, политику, планируемые действиия, сферу ответственности, правила, процедуры и ресурсы. Правильное выполнение (СУБИ) одно из условий достижения конкурентного преимущества и успехов организации. 2. БЕЗОПАССНОСТЬ ИНФОРМАЦИИ И УПРАВЛЕНИЕ РИСКОМ В ОРГАНИЗАЦИИ Организацция, которая в настоящее время желает надлежащим образом защитить свою информацию, должна применить системный подход, в рамках которого будет комплексно управлять имеющимися информационными активами, инфраструктурой, исспользуемой для ее обработки и риском, связаннным с безопасностью информациии. Безопасность информации, понимаемой, как активы организации, важно, как для частного, так и для публичного секторов. В обоих секторах инфформация часто действует как рычаг бизнеса. Взаимопроникновение обоих секторов и совместное использование информационых ресурсов осложняет удержание контроля за доступом. Безопасность информации должно опираться на следующие свойства: 242

 конфиденциальность,  интегральность;  доступность. Конфиденциальность информации состоит в том, что информация не предоставляется и не раскрываетсся неуполномоченным лицам, субектам или процессам2, Интегральность же это свойство, состоящее в обеспечении точности и комплектности активов3. Последним из обигаторных свойств безопасности информации является доступность, состоящая в том, что она доступна и полезна по требованию уполномоченого субъекта4. Дополнительными свойствами безопасноости информации, зависимыми от осуществляемой организаццией политики безопасности информацции, могут быть:  возможность подсчета и расчета;  иадежность,  подлинноть,  неоспоримость. Об эффективности работы и развития организацции свидетельствует степень достижения намеченной цели. В этом процессе очень важно применение современных техник и технологий, орудий информационных систем и обработки и управления информацией. Информация, как важнейший из резурсов организацции, решающий о ее успехах, должна защищаться, как руковоством, так и другими сотрудниками организации. Фирмы, которые стого соблюдают этот приказ успешно работают в своей среде и динамически развивааются. При этом важно, чтобы обеспечить правильную защиту информации, то есть, обеспечить высокий уровень безопаности информационных систем. С этой целью следует адекватно организовать ресурсы Polska Norma PN-ISO/IEC 27002,PKN, Varshava, 2007, c. 9. 3 Ibidem. 4 Ibidem. 2


SECURITY DIMENSIONS

организации, эффективно ими управлять и свести к минимуму риск утечки ценнной для конкуренции информации. Связано это с правильно разработанной и строго соблюдаеемой политикой безопасности информации, которая является одним из условий дотижения успехов на рынке. Существенной особеностью управления безопасностью информацции является риск. Риск объективизированная неуверенность возникновения нежелаемого события, риск меняется совместно с неуверенностью, а не с уровнем вероятности5. По мнению Samuelsona W. F и Marksa S.G.6, риск или вместо него неуверенность, появляется тогда,когда имеется больше, чем один возможный результат нашего решения. Другое мнение высказывает T. Kaczmarek, который утверждает, что риск это возможность появления отсутствия успеха, в частноти возможноть возникновения событий, незаисимых от действущего субъекта, которых он не может точно преумостретть и не может предотвратить их возникновение, и, которые - путем сокращения полезных результатов и/или путем увеличения вложенных средств лишают действия частично или полностью, свойств выгоды или экономичности7. Словацкий автор J. Mikołaj говорит, что риск определяется как что-то непостоянное, неопределенное, что связано с ходом явления и что нарушает его целевое стремление и подчеркивает, что риск, неувереннность и неопределенность являются элементами действий человека в определенной среде. Риск связан с действиями человека,

11

неуверенность же с состоянием среды или ограниченностью системы окружения8. Имеется много методов оценки риска. К ним принадлежат применяемые на практике, интуитивные методы,, указатеьные, точечные, упрощеннные, симулятувные, статистические, дискриминационые. В экономической деятельности полное устранеение риска невозможно, его можно только ограничить, путем правильного управления им. Управление риском это его идентификация, измерение, упправление и контроль за ним с целью максимального его ограничеиия или страхования от результатов риска9. Другое определение управления риском приводят W. Jaworski, Z. Zawadzka. По их мнению под управлением риском следует понимать мероприятия, имеющие своей целью плановый ии целевой анализ, упраление рисками, возникающими в процессе деятельносстти (банковской, экономической) и контроль за принимаемыми решенииями10. 3. ПОЛИТИКА БЕЗОПАСНОСТИ ИНФОРМАЦИИ - ПОНЯТИЕ И СУЩНОСТЬ Политика беопасности информаци (ПБИ) совокупность согласованных, точных правил и процедур, согласно которым данная организация формулирует, управляет и предоставляет ресурсы, а также информационные и информатические системы. ПБИ определяет, какие ресурсы и каким образом следует защищать. Она должна также указывать возможные виды нарушения безопасности (например, J. Mikolaj, Rizikovy manazment, RVS FSI ZU, Żylina, 2001, c. 17. 9 D. Dziawgo, Zarządzanie ryzykiem w banku komercyjnym, [в:] Bankowość. Podręcznik dla studentów, (ред.) J. Głuchowski, J. Szambelańczyk, WSB, Poznań, 1999, c. 351–398. 10 W.L. Jaworski, Z. Zawadzka, Bankowość. Podręcznik akademicki, Poltext, Warszawa 2002, c. 607. 8

A.H. Willet, The Economic Theory of Risk Insurance, Philadelphia, 1951, c. 6. 6 W.F. Samuelson, S.G. Marks, Ekonomia menedżerska, PWE, Warszawa, 1998, c. 323. 7 T. Kaczmarek, Zarządzanie ryzykiem handlowym i finansowym dla praktyków, Ośrodek Doradztwa i Doskonalenia Kadr, Gdańsk, 1999, c. 11. 5

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потеря данных, неавторизованный доступ), а также сценарии поведения в таких ситуациях и действия, которые позволят избежать повторения определенного инцидента. Политика безопасности должна точно определять способ использования ресурсов (счетов потребителей, данных, компьютерных программ), а также должна быть документом, составленнным в письменной форме и изестным и понятным всем сотрудникам организации, пользующимся информациоными ресурсами. Она касаетсся также и клиентов организацции (тех, кто пользуется ее ресурсами). При проектировании (ПБИ) следует рассмотреть, сможет ли оганизация нести расходы по ее внедрению. Важнейшее меропприятие до внедрения (ПБИ) является проведение анализа риска и определение одобряемого допускаемого уровня риска. ПБИ должна касаться следующих воросов:  что должно поддлежать защите в организации?  как следует защищать критические ресурсы организации? В каждой организации имется разнообразная информация, которая должна защищаться:  для зашиты нтересов организации (например, информация, связанная со стратегическими бизнес-планами, финансовая информация, патенты и т.п.),  в силу действия закона (личные данные, конфиденциальная информация) Основная совокупность информации данной организации является открытой и касается всех вопросов, связанных с ее деятельностью. Это не значит, что она не должна защищаться, наоборот, каждая информация может подвергаться угрозе (уничтожения, фальсификации или нежелаемой модификации). Целью мероприятий по защите и безопасности 244

информации в организации, является достижение такого организационного и технического уровня, который:  обеспечит сохранение конффиденциальности защищаемой информации,  обеспечит целостность защищаемой информации,  обеспечит высокий уровень безопасности обрабатываемой информации,  в максимальной степени ограничит возможность возникновения угроз для  безопасности информации,  обеспечит готовность предпринимать определенные действия в кризисных ситуациях. Следовательно, ПБИ – совокупность документов, определяющих методы и правиила защиты и обеспечения безопасности инфформации в органиизации. Говоря по-другому, ПБИ совокупность едииных, точных и соответствующих действующему законодательству правил и процедур, по которым данная организация собирает, управляет и предоставляет ресурсы и информационные системы11.Она составляетсся на основании действующих законов и распоряжений, касающихся защиты информации (например, конфиденцальная информация, личные данные), При проектировании ПБИ для определенной организации следует учитывать:  характер организации (хозяйственнная единица, контора, исследовательский институт),  своеобразие функционирования организации (производственная, оказание  услуг), M. Kowalewski, A. Ołtarzewska, Polityka bezpieczeństwa informacji na przykładzie Instytutu Łączności, http://www.itl.waw.pl/czasopisma/TiTI/2007/3-4/3 (11.04.2010). 11


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организационную структуру (уровни управления),  процессы, которые проходят в данной организации. ПБИ в организации должна касаться всех членов организации и всех ее сотрудников. Она должна быть документом открытым, постоянно пополняеныым, модифицированным и приспособлнным для потребностей данной организации. Одним из важнейших элементов ПБИ является Система Управления Безопасностью Информации. 4. СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАССНОСТЬЮ ИНФОРМАЦИИ Организация в рамках осуществляемой политики безопасности информации должна исспользовать процессуальный подход для установления, внедрения, эксплуатации, мониторинга и постоянного совершенствования подтвержденной Системы Управления Безопасностью

11

Информации (СУБИ). ISMS англ. Information Security Menagement System), определяется, как часть целостной системы управления, опирающаяся на подход, вытекющий из бизнес-риска, касаюшаяся установления, внедрения, эксплуатации, мониторинга, получения и совершенствования безопасности информацции. Она содержит организационнную структуру, политику, планируемые действия, сферы ответственности, правила, процедуры, процессы и ресурсы12. При процессуальном подходе к СУБИ ее пользователи должны обратить особое внимание на:  пониманиие требований по безопасности информации в организации,  цнедрение и эксплуатацию зашиты с целью надлежащего управления риском,

ПЛАН установка

заинтересов анные стороны

DO

ACT

Требования и ожидания по отношению к безопасности информации

удержание и совершенствов ание

заинтересов анные стороны

внедрение и эксплуатация внедрение и

SZBI

Мониторинг и осмотр

Управление безоп. информации

CHECK Рис. 1. Модель PDCA, используемая в процессах СУБИ Источник; собств.разраб. на основаании PN-ISO/IEC 227001, PKN, Warszawa 2007, c. 7. 12

Ibidem, c. 9.

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мониторинг производительности и эффективноости СУБИ, Внедрение эффективной СУБИ в организацци возможно, благодаря использованию нормы ISO/IEC 27002, предстацляющей процессуальный подход, показанный на рис. 1. Он показывает, каким образом СУБИ воспринимает требования по безопасности информацции, как исходную величину и через опеделеные процессы поставвляет исходную информацию, которая соответствует этим требованиям и ожиданиям Модель PDCA (англ. _Plan-Do-Check-Act) Запланируй, Сделай, Проверь, Действуй, это схема, которая иллюстрирует основной принцип постояннного улучшения (постояннного совершенствования, Kaizen), созданную В. Демингом13. америкаским специалистом-статистиком, работающим в Японии. Он содержит четыре сектора, в рамках которых выполняютсся определенные действия. В рамках сектора -Запланируй (установление СУБИ) выполяются следуюие дейстия:  установление СУБИ,  определние целей, процессов и процедур, важных для управления риском, оценки риска и совершенствования безопасноти информации. В секторе - Сделай- (внедрение и эксплуатация СУБИ):  внедрение СУБИ, защиты, процессов и процедур  экаплуатация СУБИ, защиты, процессов и процедур В секторе Проверяй (мониторинг и обзор СУБИ):  оценка, A. Hamrol, W. Mantura, Zarządzanie jakością – teoria i praktyka, Wydawnictwo Naukowe PWN, Warszawa 2002, c. 93. 13

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постоянное совершенствование, основанниое на объективном измерении.  измерение производительности процессов по отношению к СУБИ,  передача руководству отчетов для рассмотрения . В секторе же - Дейстуй - (сохранение и совершенсвование СУБИ):  выполнение исправляющих и предотвращающих действий, на основании  аудита или другой важной информации;  постоянное совершенствование СУБИ на базе аудита и обзора, проведенного руководством.  Данная норма предусмотрена для организаций всех видов, как для бизнессубеъктов, так и для субъектов публичной администрацции. Междунадная норма ISO 27002 (Информационная техника Практические правила управления безопаноостью информации), определяет указания, связанные с установлением, внедрением, эксплуатацией, мониторингом, обзором, сохранением и совершенствованием СУБИ. Конструкция этой нормы строго связана с контрукцией приложения А нормы ISO/IEC 27001, Для каждого требования, определенного в этом приложении в норме ISO 27002 содержатся сооётветстущие рекомендации. Она содержит набор лучших приемов, которые можно применить в организации с целью повышения уровня безопасности информации. Она была разделена на 11 секторов, содержащих в общем итоге 39 категорий безопаноости, каждый сектор содержит определенное количество категорий безопасности. Сектора, содержащиеся в норме, это:  политика безопасности иинформацции,  организация безопасности информацции,  управление активами,


SECURITY DIMENSIONS

       

безопасность человеческих ресуурсов, физическая безопасность и безопасность среды; управленеи системами и сетями, контроль за доступом; приобретение, развитие и содержание информационных систем, управление инцидентами, связанными с безопасностью информации, управление постоянным продолжением деятельности; сответствие14.

Особого внимания заслуживает сектор, касающийся продолжения деятельности организацции, действия. осуществляемые в рамках этого сектора создают возможность функционирования организации и воспроизведения функциональности оборудования для обработки информации и самой информации после возникновения катастроф или инцидентов. Система Управления Безопасностью Информации внедряемая в организиациях по норме PNISO/IEC 27001 приносит очевидную пользу, что показано в таблице 1. Представленные там данные подтверждают основные предпосылки для внедрения СУБИ, опирающейся на нормах ISO. Внедрение и использование СУБИ будет связано с возникновнием затрат, иногда даже очень большик. Поэтому, до внедрения СУБИ следует присмотреться к потребностям собственной организации и подумать о том, что предлагает норма ISO/IEC 27001

11

дает ли она гарантии надлежащей защиты активов организации. Отсутствие в организаци СУБИ может вызвать рост затрат, что показано на рис. 2. Общая стоимость затрат в результате возникновения происшествий, потери репутации, дополнительной человеческой работы, связанной с физическим обеспечением информации, расходы по содержанию структур безопасности, часто значительно превышают расходы по внедрению и эксплуатации СУБИ. Могут возникнуть также и другие случаи, которые заставят организацию внедрить СУБИ. Ими могут стать:  утечка конфиденциальной бизнесинформации из организации,  потеря руководством организации контроля за безопаностью информации, важной с точки зрения деятельноти, осуществляемой организацией,  отсутстве безопасного управления системами и сетями, безопасностью человеческих ресурсов и создание безопасных секторов,  невозможность внедрния и поддержания оответствующего уровня безопасности информации, поставляемой третьими лицами.

Zob. Polska Norma PN-ISO/IEC 27002, PKN, Warszawa 2007, c. 14. 14

247


Юлиуш Пивоварски, Мариуш Розвадовски СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАСНОСТЬЮ ИНФОРМАЦИИ…

ЧАСТНЫЙ СЕКТОР

ПУБЛИЧНЫЙ СЕКТОР

ПОЛЬЗА

1

2

3

+

+

   

выполнение требований законов: закона о защите личных данных закона о доступе к публичной информации; закона об авторских правах и смежных правах

+

+

избежание штрафа за нарушение безопасности информации

+

+

защита информации, находящейся в обороте в рамках организации

+

+

обеспечение информации на случай катастроф, аварий происшествий.

+

+

упорядочение организацией

+

+

рост сознания сотрудников безопассности информации

+

+

убеждение клиентов,что их защищены

+ +

+ +

требования к торгам достовернось организации по отношению к клиенту

+ +

+ +

управление продолжительностью деятельности выполнение юридических требований по безопасности информации, и определение полтики безопасности информации

+

+

оценка рииска, информацией

+

+

организация физической безопасности информации

+

+

управлние информационными системами и компьютерными сетями с точки зрения безопассности информации

+

+

определение в виде процедур поведениия по ходу обычного функционирования и поведения в кризисных ситуациях.

информацции,

248

по

вопросу

о

данные правильно

связанного и

Таблица 1. Польза, возникающая в результате применения нормы в организациях. ПО: Собств. разработка на основании PN-ISO/IEC 27001 и

Приложение А к норме ISO27001 и ISO27002 содержит целый ряд действий,

обрбатываемой

с

управлением

информационной

PN-ISO/IEC PN-ISO/IEC

27001 27002.

которые следует выполнить, чтобы организация могла обеспечить


SECURITY DIMENSIONS

безопасность своих человеческих и информационных активов. Там имеются записи, касающиеся достижения следуюших целей организации: - убеждение в том, то руководство поддерживает и управляет безопасностью имформации, согласно бизнестребованиям и соответствующим постановлениям закона и внутренними регулировками, - управление безопасностью информации внутри организации,

11

- удержание безопасности информациии, являющейся собтвенностью организации, которой управляют третьи лица, достижение и удержание ссоответсвующего уровня защиты активов организации, - убеждение, что сотрудники, исполнители и потребители, представвляющие третью сторону понимают свои обязаннпсти, осознают угрозу и другие аспекты безопасности информации,

затраты в случае воникнобения имцидентов

затраты по удержанию сруктур безопасности

затраы по обеспечению безопаности информации

затраты, связанные с потерей репутации

затраты по оплате дополнит. работы людей

Рис. 2. Виды расходов, возникшие в результате отсутсвия СИБИ. ПО: Собств. Разработка.

    

обеспечение зашиты перед несанкционированным физическим доступом, повреждением или препятствиями по месту нахождения организации и по отношению к организации, онеспечение правильной и безопасной эксплуатации информационных систем и оборудования,

    

обеспечение контроля за доступом к информации, к информациионным системам, предотвращение нарушения безопасности или кражи информации и средств передачи информации, убеждение, что применяется единый и эффективный подход к управлению 249


Юлиуш Пивоварски, Мариуш Розвадовски СИСТЕМА УПРАВЛЕНИЯ БЕЗОПАСНОСТЬЮ ИНФОРМАЦИИ…

  

происшествиями, связанными с безопасностью информации, обеспечение продолжения деятельности организации, обеспечение соответствия систем со стандартами и политикой 15 безопассности организации . Цели, описанне в норме, являются общими и поэтому могут применяться во всех типах организаций, как частного, так и публичного секторов. Они определяют требования, касающиеся установления, внедрения, эксплуатации, осмотра и совершенствования СУБИ. Составленная на основании этой нормы СУБИ дает гарантии безопасности всех активов организации и предоставляет возможность добиться доверия контрагентов.

5. ЗАКЛЮЧЕНИЕ Информация и поддерживающие ее процессы, системы и сети это важные бизнес-факторы, как для частного, так и публичного секторов. Правильная идентификация, внедрение, сохранение и совершенствование безопасности информации необходимы для организации, стремящейся удержать высокую конкурентную позицию на рынке, финансовую ликвидность и деятельность, сооотвествующую требованиям закона. Она позвооляет также удержать репутацию организации, особенно важную для публичного сектора. Правильно созданная Система Управления Безопасностью Информации позволяет оценить риск и дает возможность правильно поступать в случае возникновения риска, введение соответствующей организации политики безопасности информации, правильное управление безопасностью информации Polska Norma PN-ISO/IEC 27002, PKN, Warszawa, 2007, c. 17–112. 15

250

внутри организации. Обеспечиает также безопасность информации в контактах с третьими лицами. Важной чертой СУБИ является обеспечение безопасности человеческих ресурсов, информационных систем, сетей и носителей данных. Внедрение СУБИ должно стать для каждой организации стратегическим решением, необходимым для обеспечения ее эффективного функционирования и реализаци „процессуального подхода”, связанного с применением в организации системы процессов, совместно с их идентификациией и интеракцией.

ЛИТЕРАТУРА REFERENCES 1.

2. 3. 4.

5.

6. 7.

8. 9. 10. 11.

Dziawgo D. , Zarządzanie ryzykiem w banku komercyjnym, [в:] Bankowość. Podręcznik dla studentów, (ред.) Głuchowski J., Szambelańczyk J., WSB, Poznań 1999. Hamrol A, Mantura W, Zarządzanie jakością – teoria i praktyka, Wydawnictwo Naukowe PWN, Warszawa 2002. Jaworski W.L., Zawadzka Z., Bankowość. Podręcznik akademicki, Poltext, Warszawa 2002. Kaczmarek T., Zarządzanie ryzykiem handlowym i finansowym dla praktyków, Ośrodek Doradztwa i Doskonalenia Kadr, Gdańsk 1999. Kowalewski M, Ołtarzewska A, Polityka bezpieczeństwa informacji na przykładzie Instytutu Łączności, http://www.itl.waw.pl/czasopisma/TiTI/2007/34/3. Mikolaj J., Rizikovy manazment, RVS FSI ZU, Żylina 2001. Piwowarski J., Kultura bezpieczeństwa, [в:] „Kultura bezpieczeństwa. Praktyka – Nauka – Refleksje” Apeiron WSBPiA, No. 12, Kraków 2012. Polska Norma PN-ISO/IEC 27001,PKN, Warszawa 2007. Polska Norma PN-ISO/IEC 27002,PKN, Warszawa 2007. Samuelson W.F., Marks S.G., Ekonomia menedżerska, PWE, Warszawa 1998. Willet A.H., The Economic Theory of Risk Insurance, Philadelphia 1951.


SECURITY DIMENSIONS

11

AUTHORS Доктор Юлиуc Пивоварkий - ректор Школы общественной и индивидуальнoй безопасности "Apeiron" в Кракове, научные специальности: философия безопасности, член Международной боевых искусств и боевого спорта научное общество (IMACSSS), 9 дан каратэ, кикбоксинг 8 дан, 5 дан джиу-джитсу. Мариуш Розвадовский Доктор экономических наук в дисциплине науки управления. Специализируется в науке о безопасности и управления безопасностью. Он является автором ряда публикаций по вопросам управления безопасности в общественных организациях, управления информацией, защиты информации стратегического предприятия и комплексную политику безопасности. Он является преподавателем Краков школы бизнеса в Университете экономики в Кракове, проводит занятия в различных областях последипломного Краковского школы бизнеса в области экономической разведки и контрразведки. Университет Экономики в Кракове, используют в качестве представителя ректора Безопасность и защита конфиденциальной информации. Он учит oбъем интегрированной политики безопасности на всех областях исследования. Он имеет ряд специализированной подготовки в области защиты секретной информации, персональных данных и управления безопасностью, организованном Национальной ассоциацией по защите секретной информации и Агентства внутренней безопасности, является экспертом Центральной экзаменационной комиссии. Он преподаватель в Школе общественной безопасности и индивидуальный "Апейрон".

251


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (252-258)

ЖЕНЩИНА ТЕЛОХРАНИТЕЛЬ В ОХРАНЕ VIP - ПЕРСОН WOMAN’S BODYGUARD PROTECTION IN VIP – PERSONS Инга Урядникова [Inga Uryadnikova]1 Василий Заплатинский [Vasyl Zaplatynskyi]2 1Academy 2National

of security and bases of health Academy of Science of Ukraine

ВВЕДЕНИЕ ABSTRTACT В современном мире услугами телохранителей пользуются многие авторитетные люди из области политики, бизнеса и шоу-бизнеса. В современных условиях «бодигард» должен уметь вычислять любую опасность, оставаясь при этом максимально незаметным. ARTICLE INFO Article history Received: 12.04.2014 Accepted: 03.07.2014 Keywords demographic problems, population growth, security

1. ЖЕНЩИНЫ ТЕЛОХРАНИТЕЛИ В УКРАИНЕ Сегодня на профессиональных телохранительниц вновь появился ажиотажный спрос, поэтому в прошлом году в украинском спецподразделении милиции охраны «Титан» было создано отделение физической охраны, в состав которого входят исключительно женщины. С одной стороны, в последнее время спрос на женщин-телохранителей растет, с другой – меняются современные условия и требования к специфике работы. Их отбирали из лучших милицейских кадров: 20 «терминаторов» с изящным маникюром. Наряду со службой в органах министерства внутренних дел (МВД) — усиленный специальный курс по сопровождению VIPперсон. Хрупкие на первый взгляд девушки 252

в совершенстве владеют приемами рукопашного боя. В случае необходимости они применят огнестрельное оружие. Спецподразделение «Титан» вооружено украинским и иностранным оружием. Профессионализм телохранителя в том, чтобы предсказать опасность и предотвратить ее. Поэтому наряду со специальной подготовкой значительную часть в обучении телохранителя занимает психологическая подготовка [1]. Руководством Департамента Государственной службы охраны (ГСО) и учеными Академии внутренних дел отработана совместная программа курсов профессиональной психологической подготовки женщин-телохранителей спецподразделения милиции охраны «Титан». В течение определенного срока


SECURITY DIMENSIONS

женщины-бодигарды овладевают тонкостями психологического анализа и механизмами контроля оценки ситуации и своевременного принятия решений. Подобные курсы, как показал опыт, является результативным. В дальнейшем предполагается расширение тематики для всех сотрудников ГСО [1-3]. Екатерина Даценко [1] в свои 21 закончила милицейскую школу и прошла отбор в группу телохранителей. Приняла все условия профессии. По мнению Екатерины Даценко, сотрудника Государственной службы охраны при МВД Украины: женщины обладают природной способностью чувствовать взгляды окружающих — неоценимое качество для бодигарда. Как и возможность притвориться безобидной секретаршей. Виталий Грицак, начальник Департамента Государственной службы охраны при МВД сообщил, что Генералитет МВД принял решение о создании «женского батальона» под давлением времени — спрос на дамский боевой эскорт растет с каждым днем. В сообщении Татьяны Цвилий, сотрудника Государственной службы охраны при МВД Украины говорится, что на востоке издавна ценят телохранительниц. Ливийский лидер Муамар Каддафи вообще не доверял никому, кроме своего женского специального взвода — вот его «берегини». Поговаривают, в охрану Каддафи отбирали только девственниц — по восточным поверьям, они улавливают «ветер смерти». В украинском варианте упор делают на рукопашную и огневую подготовку. Эти девушки при поражении мишени дадут фору любому коллеге в брюках. Лидия Назарова, сотрудник Государственной службы охраны при МВД Украины сообщает, что первые двадцать сотрудниц специального подразделения уже фактически приступили к работе —

11

пока заказы поступают в основном от высокопоставленных иностранцев, приезжающих в Украину. Охранять первых лиц (президента, премьера и спикера) им не доверят — для руководства страны существует особая службы охраны, в которой пока что работают только мужчины [2]. 2. ЕСТЕСТВЕННЫЙ ОТБОР Из 100 желающих - профессиональными телохранителями становятся лишь единицы. Сначала претенденткам предлагают заполнить анкеты и решить задачи на логику. Оставшимся, после первого тура, предстоит бег на выносливость — пробежка с отжиманиями, приседаниями и прыжками. Дальнейшая спецподготовка длится не менее три месяца и фактически продолжается на протяжении всего время работы. В специальную подготовку входит: стрельба, боевые искусства, причём тренировки по рукопашному бою проводятся и в кимоно и в мини-юбках, занятия по психологии, этике, медицине и многим другим предметам. Нормативы физической подготовки, конечно, отличаются от мужских [2,3]. Если вам до 37, но не меньше 20, вы готовы отказаться от личной жизни, работать по 12 часов в сутки, иногда по ночам, праздникам и выходным, а все свободное время проводить на тренировках и в спортзале — значит профессия телохранителя для вас. Учат ей в специализированных школах, только вот контакты таких школ найти удивительно сложно. Приходят туда и бывшие спортсменки, и желающие выскочить замуж домохозяйки, и романтичные барышни, обсмотревшиеся «Никиту», и работники милиции. В общем — самые обыкновенные женщины. Требований по росту, весу, длине ног и волос никто не предъявляет. Но вот с плохим зрением и проблемами со 253


Инга Урядникова, Василий Заплатинский ЖЕНЩИНА ТЕЛОХРАНИТЕЛЬ В ОХРАНЕ VIP - ПЕРСОН

здоровьем в охрану не берут. Так же при собеседовании решающим фактором оказывается наличие детей. Замужняя дама с ребенком никогда не сможет стать профессиональным телохранителем. Особенно много женщин-телохранителей в Китае, США, Израиле, Германии и Италии. В Китае спрос на женщин-телохранителей значительно увеличился с начала 90-х годов, когда китайские VIP–персоны стали использовать женщин в качестве секретарей и телохранителей. В истории мирового женского «бодигарда» немало известных фактов о работе женщин в охранных службах президентской власти. Так, в свое время решение бывшего президента Грузии Эдуарда Шеварднадзе, который будучи на посту лидера страны, доверить свое тело пяти женщинам общественность восприняла неоднозначно. Мужчиныполитики Шеварднадзе тайно завидовали, а вслух с иронией говорили, что, пожалуй, тоже доверили бы личную охрану подготовленным дамам. Смущало их одно: жены могли быть категорически против. Женщины-политики, в свою очередь замечали, что решение Шеварднадзе окружить себя телохранителямиженщинами связано с тем, что мужчиныохранники, допустившие несколько покушений на своего президента, не оправдали его надежд [2]. Во многих службах охраняющих первых лиц своих государств, и в Секретной службе США всегда работали женщины наравне с мужчинами. Сказывался тот факт обязательной публичности первой леди любого Президента США, что требовало в команде президентской охраны обязательного наличия женщин офицеров. Система Секретной службы охраны в 80-е годы прошлого века построена несколько отлично от ее советского аналога - 9 Управления КГБ СССР занимавшегося охраной первых лиц Советского Союза. 254

Например, во время визита Президента Рейгана в Москву в мае 1988 года каждый день группа охраны менялась на постах «по кругу». Советские коллеги сразу заметили женщину телохранительницу в окружении Президента США. Миловидную женщину-блондинку можно было видеть в группе пешего сопровождения, и за рулем автомобиля прикрытия, и на посту допуска. В США, профессия телохранителя не входит в десятку наиболее престижных. В последние годы государство уделяет большое внимание набору полицейских из рядов женского пола, что свидетельствует о росте авторитета женщин в службе безопасности - женщины-полицейские составляют более 9,5% от общей численности сотрудников полиции. Известно, что таких звёзд как Шерон Стоун, Дженнифер Лопес охраняют женщины, совместно с мужчинами [4-5]. Достаточно известен тот факт, что в охране бывшего премьера Британии Маргарет Тэтчер работала сотрудница Скот¬ландЯрда Малли Тотсон, которая много раз попадала в кадр тележурналистам рядом с премьер-министром. В команде охраны покойного Президента России Ельцина под началом А.В. Коржакова, служили две женщины офицера, так что женщины в истории личной охраны всегда были яркими эпизодами профессионального мира. Самая легендарная из них Жабина Нина Ивановна - майор, офицер 18 отделения 1 отдела 9 Управления ГБ СССР, эта женщина офицер была долгое время «прикреплена» к первой советской женщине космонавту Валентине Терешковой. 3. СОВРЕМЕННЫЕ ТРЕБОВАНИЯ К ТЕЛОХРАНИТЕЛЬНИЦАМ Современные работодатели хотят, чтобы девушка-телохранитель была умна, красива, с высшим образованием, знанием иностранных языков, без вредных привычек и с водительскими правами. В


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сфере охраны нет прощения за допущенные ошибки, особенно для женщин-телохранителей. Дамы всегда находятся "под обстрелом" как своих коллег, так и нанимателей и претензий к ним больше. Просто потому, что они — женщины. Чаще всего девушек приглашают охранять женщин или детей. Женщина чувствует себя более комфортно, если ее телохранителем является женщина. Да и женщине проще охранять женщину, представляясь подругой, помощницей, компаньонкой. Профессиональных телохранительниц в России и Украине можно пересчитать по пальцам. В конце 90-х это стало модным ноу-хау, и женских агентств в России стало появляться достаточно много. Самые известные владелицы таких агентств - Анна Логинова и Оксана Робски [4-5]. В Украине предназначение женщинтелохранителей многие боссы просто не выдают, маскируя их под референтов, переводчиц и т.д. Почти в каждом городе Украины, в охранных фирмах имеются такие девушки, и особо этим не афишируют. Елена Михайличенко — первая женщина-телохранитель в Украине. Умеет стрелять из автомата Калашникова, пистолета Макарова и пистолета-пулемета Стечкина, владеет карате и рукопашным боем [4]. Согласно статистике, услугами таких женщин пользовались лидер прогрессивных социалистов Наталья Витренко и др. 4. ОСНОВНЫЕ ПРЕИМУЩЕСТВА ЖЕНЩИН-БОДИГАРДОВ По мнению специалистов, при исполнении своих служебных обязанностей, «бодигарды» женщины: 1) 2)

более агрессивны, чем мужчины; более непредсказуемые;

3) 4) 5)

6)

7)

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более незаметные, так как женщина меньше, чем мужчина, воспринимается как телохранитель; от нее не ждут серьезного сопротивления и агрессии; может совмещать работу телохранителя и секретаряреферента, следить за технической исправностью различной аппаратуры и оборудования; может изображать делового партнера, переводчицу, гувернантку, учительницу детей, любовницу богатого человека, его жену или дочь. имеет свободный доступ в места, которые изначально «закрыты» для телохранителя-мужчины (например, в женскую раздевалку, в женский туалет, в специализированный спортивный зал.

Правда профессионалы утверждают что, как телохранитель, совсем незаметной, рядом с клиентом, не может быть даже женщина, ибо профессиональный взгляд всегда определит, кто есть кто, единственное – в отношении женщины потенциальным нападающим это будет сделать сложнее. Основное назначение женщины-бодигарда и ее роль в команде следующие: впередиидущий наблюдатель, который распознает криминальные замыслы окружающих лиц, в первую очередь - лиц одного с ним пола. В этом случае женщина-телохранитель выступает как ведущий команды в тактической схеме охраны при движении в пешем порядке;  наблюдатель, прикрывающий тыл команды - например, в магазине или другом общественном месте;  сторонний стрелок (теневая фигура телохранителя) под "маской" домохозяйки, молодой матери и так далее; 255


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«случайная прохожая», которая обращается с просьбой о помощи и содействии; o сексуально привлекательная женщина, отвлекающая на себя внимание террористов, позволяя телохранителю-мужчине выиграть в той или иной ситуации время. Женщинателохранитель, играющая подобную роль, может совершенно неожиданно открыть огонь на поражение преступника, o это будет тем эффективнее, что именно от нее нападающие не будут ждать подобных действий;  женщина, работающая по тактической охранной схеме "смена ролей". При использовании этой схемы женщинателохранитель одевается в деловую одежду и не воспринимается окружающими как телохранитель, а охраняемое лицо, клиент, в свою очередь, переодевается "под телохранителя" [5]. На первом месте для женщинытелохранителя стоит эффект неожиданности, затем использование различного оружия и подручных средств. 1. В портфеле или деловой сумке пистолет, нож, баллончик со слезоточивым газом, электрошоковые, звуковые и световые шоковые и сигнальные устройства. 2. В кобуре под рукой - пистолет. 3. На поясе слева или справа (под пиджаком) - боевой Т-образный нож (или любой иной нож, которым владеет женщина-телохранитель), баллончик со слезоточивым газом, наручники для больших пальцев. 4. В поясной кобуре на бедре - пистолет. 5. Сзади под пиджаком, за поясом юбки или брюк - пистолет. 6. Под блузкой, на груди - пистолет малого калибра. 256

7. В волосах, а при короткой стрижке - на внутренней стороне лацкана делового костюма - остро отточенная спица длиной до 20 см. 8. На внутренней поверхности бедра, за резинкой чулка или в специальной кобуре - пистолет малого калибра. 9. Страшным оружием женщины являются длинные ногти, острый каблук. 10. Исследователи психологи пришли к выводу, что женский мозг производительнее мужского. Это научный факт. Открытие сделали канадские ученые, которые установили[2], что в участках мозга, ответственных за рассудительность, индивидуальные особенности и планирование, плотность клеток у женщин на 15 процентов выше. Женщины более уверены в себе, меньше подвержены стрессам и влиянию толпы. Женский мозг компактнее мужского, но клетки в нем упакованы более плотно и быстрее обмениваются информацией между собой. Женщины лучше разбираются в людях. У женского мозга есть еще одно преимущество: более развитое правое полушарие, которое отвечает за интуицию и творчество. 5. ОСНОВНЫЕ НЕДОСТАТКИ ЖЕНЩИНТЕЛОХРАНИТЕЛЕЙ 1. В большинстве случаев, VIP-персона просто хочет завести себе референта, переводчицу, и любовницу в одном числе, чтобы далеко не ходить, а телохранительница, это так – повод. 2. Критические дни, во время которых притупляется внимание, шалят нервы, поэтому иногда нужна замена на другого сотрудника – мужчину, а это не всегда возможно. 3. Мужчины - телохранители никогда не воспримут женщину – телохранителя как равного, полноценного сотрудника,


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что может повергнуть женщину в депрессию и может сказаться на работе. 4. Практически не реально иметь семью – тренировки, круглосуточные дежурства, ночные вызовы. Мужья всегда ревнуют, скандалят, а это отражается на работе. 5. В странах СНГ, очень тяжело найти хорошую, высокооплачиваемую работу, тем более девушкам, им по своей природе всегда хочется дорого одеваться, красиво жить, выделяться из общей массы. А когда, при исполнении служебных обязанностей, попадётся ещё и босс симпатичный, то 90 % девушек попадают под соблазн денег, обеспеченной жизни, удачного замужества. 6. Никогда в профессии телохранителя нельзя быть с шефом запанибрата. Тем более телохранительница не должна быть любовницей.

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4. Не редко защищая клиента, телохранитель погибает или получает тяжелое ранение. 5. По мнению экспертов - лучше всего женщинам-телохранителям доверить охрану жён и детей. Природная женская мягкость позволит телохранительнице быстро найти контакт с детьми клиента, что немаловажно для успешного обеспечения их безопасности и безопасности босса. 6. В настоящее время в Украине около 50 квалифицированных женщинтелохранителей. Другие называют немного другую статистику — 15% от всех охранников. Из 100 женщин, проходящих отбор, в школы попадают 15-20 девушек, заканчивает их 5-7 девушек, и лишь единицы становятся профессиональными бодигардами. 7. Средний возраст женщинтелохранителей 23-28 лет. В 33 года у телохранителей наступает «пенсия».

ВЫВОДЫ 1. В настоящее время квалифицированных женщинтелохранителей очень мало. Никто не скажет, сколько даже примерно работает женщин в этой профессии. 2. В среднем час работы телохранителя стоит 30 долларов. Но работодатели предпочитают заплатить фиксированную сумму раз в месяц и «пристегнуть» телохранителя к себе на весь день и всю ночь. Не хотят учитывать ни нарастающее нервное напряжение, ни огромную нагрузку на глаза. 3. Охраняя женщину или ребенка, телохранитель зарабатывает порядка 1,5 тысячи долларов. Личная охрана бизнесмена, связанная с риском для жизни, стоит около 10 тысяч долларов в месяц.

Профессия телохранителя – это жестокая профессия в жестоком мире, поэтому политикам всего мира нужно приложить максимум усилий, чтобы женщина всегда оставалась хранительницей домашнего очага, а не «киборгом-убийцей», наводящим ужас на противников. ЛИТЕРАТУРА REFERENCES 1.

2. 3.

Васько А. Не женское дело – женщина телохранитель.// Сайт: Оружейный magazine. Электронный документ: http://gunmagazine.com.ua/index.php?id=195 Даугуле А. В Украине появились женщинытелохранители. Сайт: Vlasti.net. Электронный документ: http://vlasti.net/news/47924 Женщины-телохранители получили сертификаты о повышении квалификации. //Официальный веб-сайт: Министерство внутренних дел Украины. Электронный документ:

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Инга Урядникова, Василий Заплатинский ЖЕНЩИНА ТЕЛОХРАНИТЕЛЬ В ОХРАНЕ VIP - ПЕРСОН

4. 5.

http://mvs.gov.ua/mvs/control/main/ru/publish/arti cle/823222 Сайт: Телохранитель. Электронный документ: http://bodyguardsonline.com/animaciya/ Леди Х, женщина-телохранитель. //Сайт: Обозреватель. Электронный документ:

http://obozrevatel.com/news/2010/5/27/369125.ht m

AUTHOR Inga URIADNIKOVA PhD, docent, kand. of sciences; associate professor (docent) of Institute of mathematical machines and systems problems National Academy of Science of Ukraine (IMMSP NASU), (Kiev, Ukraine); European Association for Security (Krakow, Poland).; E-mail: ingavictory@gmail.com Vasyl ZAPLATYNSKYI PhD, hon. prof., docent, kand. of sciences; associate professor (docent) of National university physical education and sports Ukraine; President of Academy of Safety and Bases of Health; Vice-president of the European Association for Security; Actual member (academician) of the International academy of life protection; The member of Scientific and Methodological Commission of Сivil Safety of the Methodological Board of the Ministry of Education and Science of Ukraine. E-mail: zvm7@mail.ru

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 11;

2014 (259-261)

SELF-IMPROVEMENT & SECURITY. ANNUAL CONFERENCE IN CRACOW Patrycja Węglarz

On May 8th in Cracow was held an annual International Scientific Conference SelfImprovement and Security organized by the School of Higher Education in Public and Individual Security „Apeiron” in cooperation with other domestic and foreign academies. Many guest participated in the conference, who are prominent researchers in the field of security and active officers, who daily operate dealing with security issues. Conference agenda was divided in three parts and each was dedicated to different subject. Before the

conference began, Rector Juliusz Piwowarski, PhD. gave a short speech of welcome, in which he expressed joy of meeting such a great group of scholars representing many different countries. He said that it is good to see guests from Russia, Ukraine, Slovakia, Czech Republic, Italy and Poland sitting at the one table, and how important it is to meet in these difficult times, when the situation in Ukraine is still uncertain, to discuss security issues.

Phot. A. Seweryn

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The first thematic section was focused on humanities and sociological aspects of security, and theory of security and defense. In this part one could have noticed great variety of subjects and approaches presented in eight speeches. Presentations covered such topics as: psychological and behavioral aspects of self-improvement in the prism of Schwartz model of universal human values; personal improvement and self-fulfillment as a foundation of security culture in both individual and social dimension; the concept of security in the classical Greek philosophy; evolution of perception of military operations; selfimprovement and security in classical Chinese philosophical discourse; and the issue of the so-called „clash of civilizations” in central

Phot. A. Seweryn

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Europe. Some of the topics raised in presentations were intensively discussed by the group of scholars, who participated in the conference. After the first topic section, two students of the „Apeiron” academy, who train Martial Arts, gave a short presentation of their skills, showing some techniques used in hand-tohand combat, which are also taught as selfdefense techniques. Such a presentation aimed to present and promote the mission of the academy, i.e. to improve diligently both body and mind in accordance with the Japanese rule karade de obeoru (which means learning throughout the body).


SECURITY DIMENSIONS

The subject of the second part of the conference was internal security of state and European Union. Lectures given in this part concerned inter alia: financial security, economic security, fire investigation and fire risk, dispositional groups training etc. The speakers, who are experts in the matters discussed presented detailed analysis based

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on conducted research, which concerned actual global or local risk in the field of economy. Researchers from Slovak Fire Research Institute based their speeches on actual data, pointed fire risks, analyzed them and presented case studies, which allow to describe the procedure of fire investigation.

Phot. A. Seweryn

The third part of the conference covered the subject of counterterrorism in Europe and in the world. Five presentations concerned various topics, such as: risk and trust in physical activity in the context of preparation of counterterrorist, analysis of global counterterrorism strategy, role of forensic science in fight against terrorism, and the phenomenon of cyberterrorism.

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The conference ended after discussion concerning matters touched during the sessions. The wide scope of issues undertaken by the specialists and ideas and solutions suggested and discussed can be concerned as a significant input to security studies, which are of crucial meaning for modern science.


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Profile for Security Dimensions

Security Dimensions 11  

Security Dimensions 11  

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