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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES FROM PERSONAL TO GLOBAL SECURITY

SCIENTIFIC JOURNAL NO. 12 (2/2014) Editor: Juliusz PIWOWARSKI, Ph.D.

AMBROŻY / BIL / CHWAŁA / CITATI / CZOP / DANKIEWICZ / DYBIŃSKA / FEDOTOV GIEŁŻECKI / GRUSZCZYŃSKI / HERBOWSKI / HOBOROWICZ / JUSZKIEWICZ KOWALCZEWSKA / MATAS / MUCHA / NOWAK / PÁNTYA / PIWOWARSKI / RESTAS SEREDA / SOPILNYK L. / SOPILNYK R. / ŚLIWA / TWARDOSZ / WAWRZUSISZYN W Ę G L A R Z / W O L A Ń S K I / Z AYAT S / Б А С И С Т А Я / П О Т А П О В А


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

EDITED BY

JULIUSZ PIWOWARSKI

SCIENTIFIC JOURNAL NO. 12

(2/2014)

CRACOW A U G U S T – D E C E M B E R 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. (Poland)

Technical edition and cover

Patrycja WĘGLARZ

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

12 2014


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 (Poland),

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.

prof. dr hab. Janina ZIĘBA-PALUS (Poland);

4. ARMY AND DISPOSITIONAL GROUPS:

(Czech 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,

Bartosz SOLIŃSKI, Ph.D., Poland JUDr. Karel SCHELLE, Ph.D., CSc., Czech

Assoc Prof. Stefan BIELAŃSKI, Ph.D.,

Adam KRZYMOWSKI, PhD., Poland

Republic

Poland

Prof. Dr. Dr. Vladimir Robert MATAS, M.A., CSc,

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

Prof. Yuriy BOSHYTSKYI, Ukraine

Germany

Katarina STRBAC, PhD, Serbia

Wojciech CZAJKOWSKI, Ph.D., Poland

Prof. Jerzy OCHMANN, Ph.D., Poland

Prof. tukasz TRZCIŃSKI, Ph.D., Poland

Prof. František HANZLÍK, Ph.D. Czech

Juliusz PIWOWARSKI, Ph.D., Poland

Assist. Prof. Alessandro VITALE, Italy

Republic

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

Prof. Janusz Józef WĘC, Ph.D., Poland

Gen. prof. Natalia KALASHNIK, Ukraina

dr.h.c. mult., Czech Republic

JUDr. Jozef ZAT'KO, general poručik ICOCRIM,

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

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

Slovakia

Slovakia

Republic

Doc. Štefan KOČAN, Ph.D., Slovakia

Gen. Ing. Andor ŠÁNDOR, Czech Republic

BOARD OF REVIEWERS: Prof. Carlos Eduardo Pacheco AMARAL

Barbara KACZMARCZYK, Ph.D.

Prof. Sergii Viktotovych SLINKO

University of the Azores (Italy)

School of Higher Education in Public and

Lviv University of Business and Law (Ukraine)

Prof. Eliseo BERTOLASI, Ph.D.

Individual Security Apeiron in Cracow (Poland)

Robert SOCHA, Ph.D.

L’Istituto di Alti Studi in Geopolitica e Scienze

Assoc. Prof. Krzysztof KAGANEK Ph.D.

University of Labour Safety Management in

Ausiliarie (Italy)

University of Physical Education in Cracow

Katowice (Poland)

Andrzej CZOP, Ph.D.

(Poland)

Prof. Lyubomyr SOPILNYK, Ph.D.

School of Higher Education in Public and

Doc. Štefan KOČAN, Ph.D.

Lviv University of Business and Law (Ukraine)

Individual Security Apeiron in Cracow (Poland)

Academy of the Police Force in Bratislava

PaedDr. Samuel UHRIN, CSc.

Prof. Stanislav DADELO, Ph.D.

(Slovakia)

Academy of the Police Force in Bratislava

Vilnus Gediminas Technical

Doc. Ing. Jana MÜLLEROVÁ, Ph.D.

(Slovakia)

University (Lithuania)

University of Žilina (Slovakia)

Prof. Bernard WIŚNIEWSKI, Ph.D.

Jerzy DEPO, Ph.D.

Doc. Ing. Jozef MARTINKA, Ph.D.

Police Academy in Szczytno (Poland)

Andrzej Frycz Modrzewski Cracow University

Slovak University of technology in Bratislava

Prof. Larisa A. YANKOVSKA, Ph.D.

(Poland)

(Slovakia)

Lviv University of Business and Law (Ukraine)

Adam GOŁUCH, Ph.D.

Bogusław PŁONKA, Ph.D.

Doc. Vasyl ZAPLATYNSKYI, CSc.

Katowice School of Economics (Poland)

School of Higher Education in Public and

National Aviation University (Ukraine)

JUDr. Wojciech M. HRYNICKI

Individual Security Apeiron in Cracow (Poland)

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

School of Higher Education in Public and

Prof. Jerzy OCHMANN, Ph.D.

The Police Academy of the Czech Republic

Individual Security Apeiron in Cracow (Poland)

Polish Academy of Arts and Sciences (Poland)

in Prague (Czech Republic)

Assist. Prof. Kuba JAŁOSZYŃSKI, Ph.D.

Prof. Francesco SIDOTI, Ph.D.

Police Academy in Szczytno (Poland)

University of L'Aquila (Italy)

SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES

12 2014


CONTENTS STATE SECURITY JACEK BIL Statements and actions of the state in the field of political corruption elimination

11

ANDRZEJ CZOP Evaluation of the use of personal and property protection companies for ensuring safety in Poland

19

ОLEKSANDR FEDOTOV Combating terrorism. Classification of terrorist acts

29

JAN GIEŁŻECKI, ROBERT MARCIN WOLAŃSKI Technology research of tactical personal protection clothing based on fire-fighters-rescuers

34

KRZYSZTOF JERZY GRUSZCZYŃSKI Short introduction to shale gas extraction and production in Poland

46

PIOTR HERBOWSKI The problem of proper supervision of superiors over remunerating personal sources of information

67

PÉTER PÁNTYA Safety and danger during firefighter’s work

76

AGOSTON RESTAS Police, Soldier, Firefighter in Emergency: Decision Making Method is Special

85

ANDRZEJ WAWRZUSISZYN Polish strategic thought in shaping security policy

95

ROMAN ZAYATS Formation of expert institutions in Ukraine

104

ИРИНА БАСИСТАЯ Особенности проведения осмотра места происшествия при расследовании крушений и аварий на железнодорожном транспорте по законодательству Украины

108

LEGAL SECURITY LUBOMYR SOPILNYK History of formation and develoopment institute of remedy information rights and freedoms and civil rights

119

ROSTYSLAV SOPILNYK Protection of information rights and freedoms, international legal aspects

125


SOCIAL AND CULTURAL SECURITY MALWINA DANKIEWICZ War in the mind: posttraumatic stress disorder (PTSD) after returning from the war zone

131

MAREK HOBOROWICZ Concept: threats and national defense in the Japanese ideology and doctrine

138

VLADIMIR ROBERT MATAS Moral und Nomisma – einige Anmerkungen

150

ЛАРИСА ПОТАПОВА Культура безопасности здоровья

156

VALERIY VYACHESLAVOVYCH SEREDA

161

Disciplinary liability: the content, principles and types

HOLISTIC PERSPECTIVE OF KINESIOLOGICAL ASPECTS OF SECURITY CULTURE MIROSŁAW JUSZKIEWICZ, DOROTA AMBROŻY, EWA DYBIŃSKA Safety culture in sporting activity

171

TADEUSZ AMBROŻY, MATEUSZ NOWAK, DARIUSZ MUCHA, WIESŁAW CHWAŁA, JULIUSZ PIWOWARSKI The influence of a training programme on the special physical fitness of ju-jitsu trainees

178

INTERNATIONAL SECURITY KAJA KOWALCZEWSKA Humanity in modern warfare, empathy and jus in bello

189

DARIO CITATI The State Security Between Geopolitical Realism and Historical Tradition

200

JULIUSZ PIWOWARSKI, PATRYCJA WĘGLARZ Conflict, territory, terrorism - state of research

205

ZDZISŁAW ŚLIWA Russian comprehensive approach toward artic race

212

CONFERENCE REPORTS JACEK PIWOWARSKI, MICHAŁ TWARDOSZ Conference in Karlovy Vary

237

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INFORMATION FOR AUTHORS The Editorial Boards accepts papers of at least 10 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).

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EACH PAPER SHOULD INCLUDE: a) Abstract in English of maximum 200 words underlying the main points of the article. It should be informative and self-explanatory without reference to the text of the manuscript. It should include any essential results that support the conclusions of the work. b) 3-5 key words, both in the language of the paper and in English. Keywords must differ from the words used in the title of the paper. c) short biographical note of the Author. d) References should only include publications cited in the article and should be fitted to the pattern provided below: • For books: Rosa R., Filozofia bezpieczenstwa, Bellona, Warszawa 1995. • For articles from periodicals: Koziej S., Bezpieczeństwo i obronność Unii Europejskiej, „Myśl Wojskowa”, 2005, no. 1. • For articles in books: Kudelska M., Filozofia Indii kilka uwag wstępnych, [in:] Filozofia Wschodu, v. I, B. Szymanska (ed.), Uniwersytet Jagielloński, Krakow 2001.

e) Footnotes should be placed at the bottom of each page and follow the patternprovided below: • For books: R. Rosa, Filozofia bezpieczeństwa, Bellona, Warszawa 1995. • For articles from periodicals: S. Koziej, Bezpieczeństwo i obronność Unii Europejskiej, „Myśl Wojskowa”, 2005, no. 1.

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• For articles in books: M. Kudelska, Filozofia Indii kilka uwag wstępnych, [in:] Filozofia Wschodu, t. I, B. Szymańska (red.), Uniwersytet Jagielloński, Krakow 2001. • 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). By submitting a paper Author accepts the policy of the journal.

PUBLICATION ETHICS AND PUBLICATION MALPRACTICE STATEMENT The journal Security Dimensions: International & National Studies is dedicated to following best practices on ethical matters, errors and retractions. The prevention of publication malpractice is one of the important responsibilities of the editorial board. Any kind of unethical behavior is not acceptable, and the journal does not tolerate plagiarism in any form. Authors submitting articles to Security Dimensions: International & National Studies affirm that manuscript contents are original. Furthermore, they warrant that their article has neither been published elsewhere in any language fully or partly, nor is it under review for publication anywhere. The following duties outlined for editors, authors, and reviewers are based on the COPE Code of Conduct for Journal Editors. Editors, authors, and reviewers will also adhere to the Security Dimensions: International & National Studies Policies.


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Promptness Any invited referee who feels unqualified to review the research reported in a manuscript or knows that its timely review will be impossible should immediately notify the editor so that alternative reviewers can be contacted. Confidentiality Any manuscripts received for review must be treated as confidential documents. They must not be shown to or discussed with others except if authorized by the editor. Standards of objectivity Reviews should be conducted objectively. Personal criticism of the author(s) is unacceptable. Referees should express their views clearly with appropriate supporting arguments. Acknowledgement of sources Reviewers should identify relevant published work that has not been cited by the author(s). Any statement that an observation, derivation, or argument had been previously reported should be accompanied by the relevant citation. Reviewers should also call to the editor’s attention any substantial similarity or overlap between the manuscript under consideration and any other published data of which they have personal knowledge. Disclosure and conflict of interest Privileged information or ideas obtained through peer review must be kept confidential and not used for personal advantage. Reviewers should not consider evaluating manuscripts in which they have conflicts of interest resulting from competitive, collaborative, or other relationships or connections with any of the authors, companies, or institutions connected to the submission.

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WHAT IS APPROPRIATE FOR US? We welcome submissions on widely comprehended security. Papers of non- scientific 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: 1.

2. 3.

4.

PUBLISHER RESPONSIBILITIES Editorial autonomy Security Dimensions: International & National Studies is committed to working with editors to define clearly the respective roles of publisher and of editors in order to ensure the autonomy of editorial decisions, without influence from advertisers or other commercial partners. Intellectual property and copyright Wydawnictwo Wyższej Szkoły Bezpieczeństwa Publicznego i Indywidualnego “Apeiron” ensures the integrity and transparency of each published article with respect to: conflicts of interest, publication and research funding, publication and research ethics, cases of publication and research misconduct, confidentiality,

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5. 6. 7. 8. 9.

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. 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).


STATE SECURITY


SECURITY DIMENSIONS

INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (11-18)

STATEMENTS AND ACTIONS OF THE STATE IN THE FIELD OF POLITICAL CORRUPTION ELIMINATION subinspektor Jacek Bil, Ph.D. Police School in Szczytno, POLAND ICLE INFO ABSTRACT Corruption in politics is a phenomenon commonly raised by the public. Social studies indicate this type of corrupt behavior as the most harmful and the most common. A critical assessment of the actual activities of the state in the elimination of political corruption allows conclusions about the low efficiency of the state in the field of prevention and combating such crimes. The purpose of this article is to present a true picture of corruption in politics and anti-corruption measures, which the author believes, are far desirable standards for the elimination of corruption from public life.

ARTICLE INFO Article history Received: 03.11.2014 Accepted 06.12.2014 Keywords policy, corruption, state, public office, law

INTRODUCTION In political discourse, theoretical considerations on the problem of corruption, are readily discussed topic, indicating its harmfulness and commonness. The need to fight corruption is raised frequently in the lobby, during backstage talks and by the public body as well. Is it really that politics and politicians involved in corruption, takes action in order to erase it? Are the authorities responsible for prosecuting the crime of corruption have the power to eliminate this type of crime? At this point one should add the question of whether justice is ready to issue the righteous judgments? Under this article, the author will bring the essence of corruption in politics. Eligibility of certain behaviors as corruption is not easy, and of corruption in politics in particular. This kind of corruption is confessedly mentioned as dominant, the same conclusion coming from

the public opinion polls. However the statistics of conducted and judged cases certainly do not reflect this view. The notion of absence (no judgments) concerning the political corruption should be built on the basis of a correct diagnosis, since the meeting and proving evidence of a crime political corruption is an extremely difficult task, due to numerous factors, such as; political dependence, will to manage the affairs or knowledge of the subject. There is an illegitimate view about corrupt of law enforcement and justice department, often no convictions of perpetrators of political corruption is the result of the family's ties, as well as the broader social relationships. The result of survey under the title “Opinions on corruption and standards of public life in Poland" conducted by the Center for Public Opinion Research, clearly demonstrates the binding nature of political corrup11


Jacek Bil, STATEMENTS AND ACTIONS OF THE STATE IN THE FIELD OF POLITICAL CORRUPTION ELIMINATION

tion. The survey was conducted among Poles who believe (87% of respondents), that corruption is a major problem in the country, while 30% agree that it is a very big problem. According to respondents, the most common image of corruption is illegal behavior committed by politically exposed persons. Further literature of that report gives information that 85% of respondents are of the opinion that among high government officials and politicians, there is a practice associated with staffing relatives and friends in positions in offices, banks, etc. What is more important, over 83% of the respondents indicated that the vast majority of politicians are devoted to public activities solely for the benefits. Hereto, almost all respondents have indicated that among the Polish political class universality of the phenomenon of nepotism is a crucial determinant of settlement work. At a similar level (80%) displayed is the use of public activity in one’s own career. According to respondents standards of public life are reduced through the use of corrupt practices as a method of struggle for political influence in the party. An interesting observation is the position that the corruption of fellow party members (the promise of a good job settling) concerns the behavior associated with the favorable vote in elections within the party. On the same level are perceived cases of the use of party affiliation for improving own, financial situation and treating public activity only as a source of income.1 CORRUPTION IN POLITICS Politics is understood as an activity concerning the relations between social groups, nations, states, and the struggle for the conquest of state power as an instrument for regulating and shaping relations.2 It is also the pursuit of social goals using state instruments. Thus Research report ,,Opinie o korupcji oraz standardach życia publicznego w Polsce” , Centrum Badania Opinii Społecznej, Warszawa 2014. 2 Nowy Leksykon PWN, Warszawa 1988, p.1350.

understood the policy has three variations: a real policy, the potential policy and the of policy of impact. Through real policy should be understood an actions taken by entities pursuing their goals during the governance, i.e. at the time of disposal instruments of the state which are: the possibility of establishing the law, possession of economic resources (the state budget), the availability of government administration, services, propaganda, or to influence the direction of research. It should be noted, however, that such activity is not easy, due to the fact that there is the coalition form of governance, or the pluralistic structure of local government. Potential policy is attributed to activities that can be implemented in the future, after the conquest of state power. Entities seeking to take power not grow realpolitik but one based on promises regarding the model of politics, which they will grow after the acquisition of the State instrumentation. Potential politicians in order to seek power, declare often promises that are not covered in reality, which leads to demagoguery. In the case of transformation of realpolitik in the potential, it turns out that the presented previously promises are not reflected in reality being a part of a cynical lie. Policy of impact is an action that is to achieve the objectives through informal and implicit influence on the instruments of the state. Such a policy does not include an explicit desire of entities to obtain state power, but surely affects the organs of the state. Policy impact is grown primarily by economic lobbying groups, social organizations, religious groups, the media and the opposition, but only in the case of influencing the activities of parliament, government and local authorities.3 In order to meet the indicated understanding of politics should be noted that corruption is an instrument in the hands of politicians, which is used to acquire and maintain

1

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3

P. Opara, Pojęcie polityki, [in:] Podstawowe kategorie polityki, ed. P. Opara, D. Radziszewska-Szczepanik, A. Żukowski, Olsztyn 2005, p. 45-47.


SECURITY DIMENSIONS

power. Politicians delivering the position of having to take the fight against corruption does not articulate that view to actually respond to the action but rather to direct the attention of potential voters at each other and the group that they represent. Starting in the late nineties, the mission statement of all politicians became the elimination of corruption. Since then, the group party shall make a declaration to fight corruption. Pervasive anticorruption activity caused the need to strengthen political projects. Such activities are undertaken within the framework of the election campaign, or as a cumulative government action, showing the public opinion, the great care of the government for the safety of society that is plagued by corruption. The result of the political publicizing of the importance of corruption, are rankings of public opinion surveys shows unprecedented growth rates in the perception of the phenomenon during the pre-election fever. Another aspect which comes to political corruption is the financing of political parties. This activity consists in distributing money in politics, which affects political competition. Money represents superior value for politicians who seek to acquire and maintain power. These dependencies lead to corrupt behavior, because with the money you can get the favor of a politician who has the authority to award contracts, jobs, controlling the flow of information and finally to make the right decision.4 One of the important problems related to the functioning of democracy is inequality in access to political activity, determined by financial inequalities. Controversy regarding public finances are often the result of corrupt practices.5 4

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K. H. Nassmacher, Analiza porównawcza finansowania partii politycznych w ustabilizowanych demokracjach, [in:] Kulisy finansowania polityki, ed. M. Walecki, Warszawa 2002, p. 11. K. Sobolewska-Myslik, Partie i systemy partyjne na świecie, Warszawa 2010, p.155.

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Efficient use of ideologies, passwords and permissions causes financial inflows. Money helps in exercising power and put at the forefront politicians who have them. Lack of money in politics creates a financial barrier that could prevent access to power. Politicians associating with the coalition government and the opposition, compete in maintaining or takeover. One of the means of influencing public opinion is advertising, through which parties seek to dominate the political rivals. The amount of expenditure incurred for the political purposes significantly reflects in the outcome of political competition. The costs of doing politics also assume new parties, civic committees, as well as individuals and corporations. Such situations lead to corruption where not only politicians get involved but also administrators of the funds.6 The canvass requires more financial resources, i.e., covering the costs of access to the media. Traditional election campaign boils down to having money on printed propaganda (posters, leaflets), organizing public rallies and attracting people ready to conduct individual agitation. Involvement in the campaign of radio and television looks a bit different. In most countries, these are public institutions and the use of their services depends on state authority (eg. granted time for the issuance of electoral program). In the case of commercial institutions, individual groups access to this kind of media can be dependent on the political sympathies of their respective owners. Television is a modern means of communication, which plays a crucial importance for the results of election campaigns. 7 In the system of democratic countries politics, political parties perform the essential functions that involve, i.a., the participation in 6 7

Ibidem, p. 12. M. Sobolewski, Partie i systemy partyjne świata kapitalistycznego, Warszawa 1977, p. 388.

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Jacek Bil, STATEMENTS AND ACTIONS OF THE STATE IN THE FIELD OF POLITICAL CORRUPTION ELIMINATION

the process of separating the candidates who want to take a seat in parliament or in the sphere of government or the state administration. Politicians predisposed to occupy designated positions or holding lucrative state functions are interested in active participation in the conduct electoral campaigns. In public debates relate to important political conflicts that reflect the public perception of social problems. Proclaimed by politicians postulates are outlined by reference to the current society of social problems and proposed by the political actors to resolve to attract as many voters as possible.8 The competition between political parties creates a platform between the demands of society and the government. Since the election campaigns are useful and lead to the achievement of solutions to social problems, begs the question about the source of their funding. What is the financing of political parties? The term covers many meanings and is the result of processes occurring in politics. Using the criterion of the desirability of providing funds, developed the view that the funding policy relates primarily to the financial aspects of the activities of political parties. Regulations concerning the granting by the State funds transferred to the political parties should provide or maintain fair competition between the established parties and newly emerging.9 Political scandals are often associated with the financing of politics. Money is an intrinsic aspect of the functioning of political life. Material values play a special role in the process of organizing a campaign, but also in maintaining the functioning of political parties. Communities of interest having considerable material values are interested in specific legislative solutions and conducting targeted government policies. As mentioned before, spending on election campaigns are signifi-

cant and rich interest groups interested in specific legislative solutions, and targeted government policies are ready to bear such costs. Financial incentives wins politicians favour to taking bribes, leading to a decisions contrary to the rules of economic and political strategy of the state. These behaviors occur in many countries, where the cost of political campaigns lead to conclude specific kind of agreements. Such situations noted within the American political system, where contracts for the exchange of benefits (between politicians and pressure groups) occured. In France and Italy contemporary political parties are deprived of the ideological objectives and are being dominate by politicians - businessmen, seeking to pursue their own, not state goals. 10 Democratic political systems should use the method of financing policy, which would be free of corrupt behavior. The legislation of individual states variously delimit legal and illegal sources of funding policy. Doubtful seem to be even lawful payments to electoral campaigns carried out by wealthy interest groups, because the problem arises with respect to privilege the rich to the poorer. Groups that make such payments can also expect special treatment during the execution of the individual administrative matters relating to the granting of a license or apply for the work assignment in the execution of a public contract. This situation causes the conviction of incorrect functioning of the state. The electoral system can not create a situation in which the politician is forced to fulfill the interests of the voters who sponsor an election campaigns.11 Money in politics not only serve to put pressure on politicians, but also create targeted offers to voters to encourage them to do-

P. Rose-Ackerman, Korupcja i rzÄ…dy. Przyczyny, skutki i drogi reform, Warszawa 2001, p. 251. 11 Ibidem, p. 252-253. 10

K. H. Nassmacher, op. cit., p.13. 9 Ibidem, p. 16. 8

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nate appropriate electoral votes.12 In such cases, the system of political corruption lies in the acceptance by politicians, illicit sponsorship campaign, and then use the thus obtained money to buy the votes of individual voters.13 The prevailing social discontent, very often is the result of problems related to the illegal financing of the policy. The changing style of conducting campaign is not the only cause, or an appealing premise for the development of political corruption, but it certainly is a significant aspect of this kind of behavior. The importance of television, newspapers and advertisements for the implementation of professional election campaign provokes discussions about the origin of the money to cover them. Professional policy tools14 have become necessary and costly components of the campaign. In this regard, an increase in spending on election campaigns has been recorded15, although it should be noted that there is a high probability that these indications are dumped and do not show the real numbers. Political groupings unable to obtain planned funds with voluntary membership fees, seek other sources of funding. In a privileged position in this regard are the ruling parties and their candidates, who impose taxes on the people that achieve the benefits of access to public funds. In the postcommunist countries we can distinguish two categories of applicants entities such compulsory fees, chich are the companies implementing government procurement and perThe comportment indicated fulfill criteria of a prohibited act, according to the Polish Criminal Code, article 250a – electoral corruption or vote-buying. 13 P. Rose-Ackerman, Korupcja i rządy..., op. cit. p. 259. 14 Professional tools used in election campaigns include use of individual experts to public opinion polls, television programs and film production. 15 Wzrost wydatków na mass media oraz kampanię wyborcza odnotowano przy okazji wyborów prezydenckich w Polsce w 2001 roku. 12

12

sons exercising public functions, assigned to them based on the outcome of elections or as a result of their appointment.16 The specified method of obtaining funds to political parties does not apply only to young democracies, but is practiced also in mature democracies. Described tax policy is a practice based on a system of inflows, which forms the key to staffing in government structures. The first regulations concerning donations to election campaigns were introduced in the United States in 1867, and yet in 1878, about 75% of the funds raised by the Republican Congressional Committee came from people working in federal offices. In the countries of Central - Eastern Europe taxation for the party is posted in the financial statements, together with other income from membership fees and donations. The parties require continuing payments from members who have been elected or appointed to serve public office. Such fees are paid by the majority of deputies and senators, hundreds of party members in positions of government, members of supervisory boards as well as thousands of local councilors. Another way of obtaining funds by political parties are donations made by wealthy individuals and corporations. Political parties conducting electoral campaigns are not particularly involved in initiatives at the local level and in attracting new members. Funding for electoral struggles are obtained so willingly of rich businessmen, bankers and traders. The rivalry of political parties during an election campaigns, leads to an increase of its operating costs, which in turn triggers the need to seek new sources of funding17. The practices mentioned above, tinged with corruption, lead to introducing a new legislation in many former communist countries M. Walecki, Pieniądz a polityka w Europie ŚrodkowoWschodniej, [in:] Kulisy finansowania polityki, ed. M. Walecki, Warszawa 2002, p. 61-63. 17 Ibidem, p. 65. 16

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Jacek Bil, STATEMENTS AND ACTIONS OF THE STATE IN THE FIELD OF POLITICAL CORRUPTION ELIMINATION

in order to reduce or eliminate some of the sources of financing of political parties. Two basic prohibitions of political financing in post-communist countries refer to state-owned companies and foreign sponsors. In many countries, a ban on sponsorship in politics refer to all entities that are government-owned corporations, local authorities and trade unions. Accepting contributions from anonymous donors is also prohibited or the maximum amount of such donation is strictly determined. As previously outlined, the financing of political parties is also based on the support of major private sponsors. Sponsors, in turn, seek the ability to make such payments the tool of influence policy. Thus, individual donations from wealthy businessmen and institutions are primary sources of financing policy (although not all are disclosed). In the background there are government grants and membership fees. In summary, we can distinguish three types of political corruption: first, it is an administrative corruption, referring to people occupying high public positions, secondly it is a corruption of illegal lobbying, third is an electoral corruption. The due performance of the elections is an extremely important aspect. The practice of previous years shows that many times people have not availed themselves of the opportunity to make their own decisions as a basis for building a consolidated democracy. Disturbing practice, when votes are cast for a particular candidate in exchange for accepting financial benefits, has become a repetitive part of the election. Please note that this is a behavior fulfilling the features of a prohibited act designated by the legislature in the Art. 250a of the Act of 6 June 1997 Penal Code (Journal of Laws No. 88, item. 553, as amended ). Pursuant to this provision commits an offense of electoral corruption whoever being entitled to vote shall adopt a financial benefit or the benefit sought. The offense is 16

also committed by those who provide benefits to the person entitled to vote. Disturbing is the fact that the voters gave their votes in exchange for a bottle of vodka, groceries or some slight amount of cash with a value of 20-50 pln, which proves progressive pauperization of society and the lack of awareness of decisions. It should also be noted that relied on simple methods to provide the benefits were not the only forms of financial benefits, there was also the methods of corruption involving the proposal or taking actions related to the redemption of the administrative proceedings, or dealing in a way convenient for offering the benefit in return for giving “proper voice of the election" Electoral corruption is not only the aspect of the local elections, in which there is "petty corruption". It is also the aspect of the people who hold prominent political positions. Irregularities in the election apply not only to the electoral procedure itself, but are also acts of preparing lists of candidates or voters without eligible persons, the destruction, damaging, hiding, altering or counterfeiting electoral documentation or irregularities in the adoption or the calculation of votes, as well as the abuse accompanying drawing up lists of signatures of citizens.18 Administrative corruption relating those in high political positions is virtually coincident with the administrative corruption on the lower-level. The difference, however, lies at the level of matters dealt. The mechanism of corruption usually refers to bribery or venality, in which officials take or demand benefits in exchange for appropriate settlement of the case for the other side. This may involve acquiring a lucrative position to obtain the proper judgment or administrative decision. A similar situation occurs in the case of illegal lobbying, when interested in securing or retaining their own business entities, bribe W. Jasiński, Osoby na eksponowanych stanowiskach politycznych. Przeciwdziałanie korupcji i praniu pieniędzy, Warszawa 2012, p. 195. 18


SECURITY DIMENSIONS

MPs (Members of Parliament) to bring about the adoption of the legislation under which they will be able to carry out certain activities, or take advantage of the tax collection system. DIFFICULTIES IN ELIMINATION OF POLITICAL CORRUPTION Political corruption is an extremely dangerous criminal phenomenon, involving very often criminal groups linked to politicians. As a result of corrupt behavior, the democratic system of the state can get seriously imbalanced (concerning the level of security, the economy, the rule of law and in the end the public’s trust in their government). Polish legislation does not lack legal solutions to effectively combat the crime of political corruption. It should however be borne in mind that the so-called offensive methods of fighting corruption require authorization for the use of specific techniques, by entities not associated with law enforcement. Corruption is a difficult crime to prove. The laws clearly state that the offenses of corruption are being committed by both sides of the dealings, both providing and receiving benefits (often by a proxy). For this reason, obtaining reliable information about the crime is significantly impeded. Law enforcement authorities shall take appropriate measures in order to obtain information about an offense without the testimony of participants in such acts. One way to confirm information about the crime of corruption is operational control, which consists of a secret control of the content of communications, controlling the shipment and use of technical means providing an implicit information and evidence, their preservation, and in particular, the content of telephone conversations and other information transmitted via telecommunications network.19 art. 19 ustawy o Policji z dnia 6 kwietnia 1990 roku, Dz. U. 1990r., Nr 30, poz. 179.

19

12

In cases of corrupt nature, law enforcement agencies are authorized to perform operational and exploratory activities, involving the making implicit acceptance or giving of financial benefits. Obtaining evidence also may include proposal of acceptance or giving a financial advantage.20 In both cases mentioned above, the authority designated to prosecute the crime of corruption must obtain permission to use these methods with the prosecutor's office, in the case of operational control of the court of law. The independence of these entities should not raise any suspicion of bias in determining the application of such measures. Experience shows, however, that it is a view that requires caution. Please note that the world of politics also extends to final decisions concerning cushy sinecures also in these offices. Serious cases of corruption repeatedly relate to just such people. As a result of formulating a request allowing the application of respective institutions, may lead to disclosure of such activities, resulting in inefficient use of such measure, or refusal for using them. The activities discussed so far, relate to the operational and exploratory area, but it must be borne in mind that the problems with the implementation of corruption cases apply equally to proceedings. Conducted proceedings in many cases are redeemed (mostly due to a lack of reasonable suspicion of committing a crime), and the participants of corruption have extensive knowledge about the course of action. There have been several cases of prosecutors who took the role of advocate of the corrupted person in the course of the proceedings. There are, however, few cases. These situations (in the opinion of the author of the text) also apply to judicial decisions. There are also judgments of corruptive cases, art. 19a ustawy o Policji z dnia 6 kwietnia 1990 roku, Dz. U. 1990r., Nr 30, poz. 179. 20

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Jacek Bil, STATEMENTS AND ACTIONS OF THE STATE IN THE FIELD OF POLITICAL CORRUPTION ELIMINATION

which allow a wide range of acquittals as to the perpetrators of the crime of corruption. In this regard, the alleged errors committed by law enforcement during the collection of evidence are raised repeatedly. Furthermore, there are also known sentences in which the person who committed the offense of passive corruption (adopted financial benefit) is acquitted, and convictions are addressed to officers pursuing the matter. SUMMARY Monitoring of court decisions in cases involving political corruption leaves no doubt: these things do not exist or are marginal fraction of cases adjudicated by the courts of law. Most investigations of corruption are conducted towards officials (and services employees). These are matters relating to bribery and venality, as well as the failure or abuse of power, committed by individuals not associated with the world of politics. Politics is not only all about the supreme state authorities, it is also a local area. Difficulties associated with the corruption cases involve touching "sensitive" interpersonal relationships. Of course it is unfair judgment that the prosecution are dependent on the relationship between entities concerned. From the practice of conducting such cases by the author of this text we can conclude that the activities of law enforcement agencies in matters of political corruption (at level of local politics) is colored additionally with problems associated with violations of the existing "or-

18

der". It should also be noted that the competent authorities to deal with matters related to political corruption are the central offices of the fight against corruption. Such offices exist in almost all countries (the situation in federations, for instance in Germany, is quite opposite). In Poland in 2006 was established the Central Anticorruption Bureau, which has the appropriate tools to fight political corruption, among other things, is entitled to control expenditure of political parties.

REFERENCES:

1. Jasiński W., Osoby na eksponowanych stanowiskach politycznych. Przeciwdziałanie korupcji i praniu pieniędzy, Warszawa 2012. 2. Mały Słownik Politologii, red. S. Opara i Zespół, Toruń 2007. 3. Nassmacher K. H., Analiza porównawcza finansowania partii politycznych w ustabilizowanych demokracjach, [in:] Kulisy finansowania polityki, red. M. Walecki, Warszawa 2002. 4. Nowy Leksykon PWN, Warszawa 1988. 5. Opara S., Pojęcie polityki, [in:] Podstawowe kategorie polityki, ed. S. Opara, D. RadziszewskaSzczepanik, A. Żukowski, Olsztyn 2005. 6. Rose-Ackerman S., Korupcja i rządy. Przyczyny, skutki i drogi reform, Warszawa 2001. 7. Sobolewska-Myslik K., Partie i systemy partyjne na świecie, Warszawa 2010. 8. Sobolewski M., Partie i systemy partyjne świata kapitalistycznego, Warszawa 1977. 9. Walecki M., Pieniądz a polityka w Europie Środkowo- Wschodniej, [in:] Kulisy finansowania polityki, red. M. Walecki, Warszawa 2002.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (19-28)

EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES FOR ENSURING SAFETY IN POLAND Andrzej Czop, Ph.D. School of HIgher Education in Public and Individual Security „Apeiron” in Cracow, POLAND ICLE INFO ABSTRACT For many years author of this paper was dealing with the co-operation with people and properties protection companies as he was performing important functions in Police. After the police career of his, he became an auditor of these entities. He was given an important function of the vice-chairman of the Polish Association for Employers „Security” – Department in Małopolska [pol. - Polski Związek Pracodawców „Ochrona”- Oddział Małopolska]. This paper is an effect of the research programme, managed by the author, which was finished this year. The main objective of the conducted researches, which were both theoretical and empirical was establishing wheter it is possible in Poland to increase the level of usage of the private security sector for providing security. To answer this important question, first we had to determine the curent level of usage of these entities. In the paper one will find detailed data, which are an evaluation of the current level of engagement of these companies in the public security. This evaluation serves to indicate specific solutions that can allow for more effective participation of the private security sector within this socially important mission.

ARTICLE INFO Article history Received: 03.11.2014 Accepted 10.11.2014 Keywords people and properties protection companies, public security, public security system, security worker

The author of this publication has worked for many years on issues related to public safety in terms of both practical and theoretical. His service in Police allows him to approach this important topic in a comprehensive way. During his service the author held the office of the Chief of Police in the city of Cracow, the second largest city in Poland, where many determinants of threats occurred cumulatively escalating dynamics of crime. Then it turned out that in order to obtain a satisfactory level of social security it is not enough to properly organize preventive services and carry out reconnaissance and investigative operation by the police. Even best-trained officers, who have a lot of experience and are fully engaged

in the performance of their tasks themselves do not ensure optimum safety level. It seems that the thesis which is a travesty of Winston Churchill’s saying Protection is too serious to leave it in the hands of the police is correct. Hence, the author being the Police Chief of a large urban area soon discovered that in order to succeed in this field it is necessary to socialize police activities by providing them support of local authorities and inhabitants. That is for and in the interest of the police to carry out their mission. Measures divorced from local communities will only be a manifestation of strength, but it will not translate into real results, and this do not ensure implementation of social expectations. 19


Andrzej Czop EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES…

So, there is a need to create coalitions of different entities for security and to constantly examine whether it is wellorganized and effective. It is necessary to carry out this audit in order to keep the correct assumptions, objectives and methodology activities. Only then it will be effective and will meet with a favourable social assessment. The author served also as Chief of the Prevention Division of Police Headquarters in Cracow, Poland, during the period when this unit dealt with issues related to personal and property protection companies. It was the time of a dynamic development of the private sector and the creation of the so-called private police, which appeared to be a complete novelty in Poland. It was a matter of course that they could not have been missed in organizing of the process of ensuring security. They complement the local services -Municipal Police, whose functions and tasks the legislature settled earlier. Urban Headquarters in Cracow, Poland, cooperate both with the city Municipal Police and commercial security entities. In years 2002 through 2006 the author was the Chief of the Prevention Department Main Headquarters in Cracow. In this period of time he was organizing the projects which aimed to reduce threats and prevent crimes. He was also convinced that in order to be effective we need to achieve efficient interaction of various organs and institutions. The problem of the proper use of potential of various entities to ensure an increase in the sense of security had been recognized by the Ministry of Internal Affairs and Administration, where in 2006 they launched the Government Programme of Reduction of Crime and Antisocial Behaviour, under the name “Safer Together”. This programme combined the actions of the police, Government, local authorities and partners interested in improving the quality of security and public order. The most important areas for actions 20

under the programme include: security in public places, violence at school, security in public transport, in traffic, in business and protection of national heritage. The author,being experienced in practical aspects of security, has decided to carry out a research aimed at examining the condition of the Polish security system with a particular focus on not underestimated, in his opinion, private security sector. He wanted to verify whether his views on the issues related to underestimation of commercial entities of protection would confirm in practice. These studies were to be the diagnosis, basing on which we could work out the solution that would allow the optimal use of private police in security system. On the basis of the carried out research process there was founded a scientific publication1, which is also basis for the reflection contained in this article. Polish system of public safety is formed by the government, local authorities and personal and property protection companies. All of these entities, albeit in different terms and with different powers, are responsible for ensuring public protection. Here the system is understood as the orderly layout of elements, among which there are certain relations that make up the whole. R. Kulczycki believes that the protection system is a collection of relatively isolated, but organizationally, functionally, substantively and legally related common whole of subsystems that dispose potentials able to stand up to threats, ensuring a lasting, sustainable and safe development.2 That set of subsystems is organized in a way to comply with the conditions of the continuous action in the stage called the state of a permanent and standby emergency response.3 All system entities carry out routine, day-to-day people 1

A. Czop, Udział firm ochrony osób i mienia w zapewnianiu bezpieczeństwa publicznego w Polsce, Katowice 2014. 2 J. Wojnarowski, J. Babula, Bezpieczeństwo militarne Rzeczpospolitej Polskiej, Warszawa 2004, p. 14 3 W. Kitler, A. Skrabacz, Wojskowe wsparcie władz cywilnych i społeczeństwa, Warszawa 2003, p. 22.


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life-saving, property and the environment saving activities, and they deal with the effects of the neutralization of emergency events. The action here is monitoring, prevention and effective control of risks.4 Public protection is sometimes being referred to as a co-ordinated internally set of organizational elements, human material aimed at countering any threat to a state, in particular, the psycho-social, economic, political and military.5 Its overriding goal is to ensure constitutional order, protect against criminogenic phenomena, environmental hazards and to ensure public order.6 To make the system function effectively it is necessary to provide good cooperation between all the elements (subsystems) in order to achieve the main purpose, which is ensuring public security. A state is responsible for the creation and efficient functioning of a public security system, for whom providing security is one of the basic and most important tasks. In fact, there was only one function of a state which was common for all political systems and it was constant. It was a protective function, aimed at ensuring public protection. This task from antiquity until the modern times is universal and timeless.7 In Polish public security system beside public and local administration organs there are also commercial entities.8 At the end of the last century as a result of a political 4W.

Kitler, Obrona cywilna, Warszawa 2004, p. 110. Słownik terminów z zakresu bezpieczeństwa narodowego, AON, Warszawa, 2002, p. 139. 6M. Lisiecki, B. Kwiatkowska - Basałaj, Pojęcie bezpieczeństwa oraz prognostyczny model jego zapewnienia [in:] Zarządzanie bezpieczeństwem, (red. nauk.)Tyrała P., Wydawnictwo Profesjonalnej Szkoły Biznesu, Kraków 2000, p. 57-58. 7Cf. M. Rozwadowski, Doskonalenie systemów zarządzania bezpieczeństwem ruchu drogowego, Kraków 2014, p. 22 23. 8 P. Pajorski, Aktywność agencji ochrony osób i mienia na rzecz bezpieczeństwa na poziomie lokalnym, „Zeszyt Naukowy”, no 6, Apeiron, Kraków 2011, p. 142. 5

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transformation processes of privartization covered different areas of public life, including public safety and order. As it is defined in the Act on the Security of People and Property (art. 2) - protection measures all activities aimed at ensuring safety of life, health and personal integrity, whereas property protectection to prevent offences and offences against property, as well as to prevent the formation of damage from these events. On 26 August 1997 the Government of Poland passed the Act on the Security of People and Property9, which was a big step towards decentralization of ensuring public safety. Thus, operators at local commercial businesses transferred (within a certain range)10 competence and responsibility for such an important sphere of life of the citizens and the state economy. Under the Act these tasks can be fulfilled only by a person included on the list of qualified security personnel. Protective measures11 are implemented in form of direct physical protection, which may have permanent or ad hoc basis relying on constant supervision of signals transmitted, collected and processed in electronic devices and alarm systems or on convoying monetary values and other valuable or dangerous objects. Another form of protection is technical security which consists of installation of electronic devices and alarm systems which signal a threat to people and property and use, maintenance and repair at their places of installation. The Act has also defined the duty of protection by using specialized protective formations, areas of transport responsible for defence and economic interests of the state, public security and other vital interests of the 9

Dz.U.1997 nr 114 poz.740. R. Kręgulec, P. Pajorski, Ustawa o ochronie osób i mienia - Komentarz, Warszawa 2014, p. 9 – 11. 11 Por. W. Hrynicki, Ochrona osób poza ustawą z dnia 22 sierpnia 1997 roku o ochronie osób i mienia, Bezpecne Slovensko a Europska Unia, Kosice 2011, p. 149 – 154 10

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Andrzej Czop EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES…

state. It is particularly important in a situation of terrorist threat. According to the information provided by the Parliamentary Committee on Administration and Home Affairs on 1 March 2012 by the Deputy Minister of Internal Affairs Piotr Stachanczyk in Poland there where 1084 specialized protective formations, of which 265 were internal security service units and the rest 819 were entrepreneurs who have security concessions and bearer firearm licenses. Overall there are about 5200 protection companies, which are employing 114 thousand licensed security guards and 18 thousand licensed employees of technical security. According the Minister of Internal Affairs the total of people employed in protection industry reaches about 300,000 people. Thus, in Poland the most numerous public protection subsystems are private personal and property protection companies and workers their employees. So far in the scientific literature, issues related to the functioning of the private security sector were only the subject of law research, interpretation of law and made, at best, a collection of instructions stored in “vademecum” for candidates for the position of personal and property protection companies worker. Studies and science research carried out by the author are innovative. They give a complete diagnosis of personal and property protection companies condition as well as the situation of their workers. When the research was being planned the author assumed that it would relate to the section of the social reality which is an internal security, and precisely to the one of the important spheres of security, namely to the security sphere and public order, for which are also responsible personal and property protection companies. The most important determinant which ensures the acceptable level of safety is the efficient functioning of both government 22

institutions which were established to protect this safety, and the private protection companies. The main burden in terms of people security and maintaining public order and security is on the Police as a uniformed and armed formation aimed to provide public service which consists in protecting individuals and the state from threats.12 Thus, public protection directly depends on functioning of this most important formation, which is Police, but also on businesses, which are personal and property protection private companies, the so-called private Police.13 In the conducted scientific research a poll method was used, which is based on surveys and a questionnaire survey. Personal and property protection companies were the subject of the research. There were examined act laws regulating the subject matter and scope of their activities, as well as the rules of cooperation with other entities responsible for public protection. There has also been analyzed the practice of functioning of these companies, as well as their organization in terms of determining the current level of their participation in the security system. There has also been studied the authority, competence and level of professional preparation of security personnel. The author analyzed actions of entities which are managing public protection system for both legal basis of their activity and engagement in joint work with people and property security companies. There has also been defined elements hindering the optimal share of personal and property protection companies in the security systems for opportunities to increase their involvement in activities for public safety. 12Ustawa

z dnia 6 kwietnia 1990 r. o Policji (Dz.U.1990,nr 30, poz.179. 13 J. Gierszewski, Firmy ochrony jako komercyjne organizacje odpowiedzialne za bezpieczeństwo innych podmiotów, [w:] Logistyka – Komunikacja – Bezpieczeństwo. Wybrane poblemy, M. Grzybowski (red.), Gdynia 2009, p. 171.


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The aim of the study was to determine the possibility of intensification of personal and property protection in Polish public security area.14. The main objective was achieved through the following specific objectives: 1. Analysis of the public security system; 2. Determining the scope of formal and legal basis for the functioning of people and property security companies; 3. Identification of the factors limiting the optimal share of companies to protect people and property in provision of public safety; 4. Identify ways to increase participation of companies to protect people and property in ensuring public safety. Basing on the problematic situation and goal, the main problem is entered in the form of the research question: Is it possible to intensify the participation of personal and property protection companies in ensuring public safety in Poland? Based on preliminary analysis of the available literature, own experience and explicit research goal there has been formulated the following specific issues: 1. Does current Polish public security system work efficiently? 2. Is the scope of the formal and legal basis for operating businesses to protect people and property sufficient to carry out the tasks entrusted by the public security system ? 3. Is the use of the potential of people and property protection companies in the area of public security sufficient? 4. What are the ways to increase the share of companies to protect people and property in ensuring public safety in Poland? 14

Zob. A. Czop, Japoński wzorzec kultury bezpieczeństwa: Moralność poprzedza prawo. Konstytucja XVII Artykułów. Bezpecne Slovensko a Europska Unia, Kosice 2011, p. 43.

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The research assumes a working hypothesis : Intensification of the participation of companies to protect people and property in ensuring public safety in Poland is possible and desirable. On the basis of the working hypothesis there has been formulated the following specific hypotheses: 1. Polish public security system is not fully efficient; 2. Formal and legal bases which determines the operation of person and property security companies are not sufficient for the assigned tasks to be performed by these entities; 3. Use of the potential of personal and property protection companies in the area of public safety is not sufficient; 4. The state of knowledge resulting from the analysis of the operation and use of the potential of personal and property protection companies in the area of security, as well as empirical and heuristic research findings allow to identify the solutions to increase the share of companies to protect people and property in the state public safety system. The present study was built on the techniques of surveys that have been carried out among people employed as security personnel in personal and property protection companies. The basis for the selection was employment as a security guard in one of the companies. The research group, representative of the employees of person and property protection company consisted of 503 people employed in six companies of varying size and employment equity. Three of these entities have national coverage action, two provincial and one county. Heuristic anonymous surveys were conducted during 23


Andrzej Czop EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES…

the period from March to August 2013 in the areas: Krakow, Warsaw, Katowice, Nowy Sacz and Niepołomice. Their goal was to identify the factors limiting optimal share of people and property protection companies to protect property in ensuring public safety, and thus the empirical verification of the hypothesis which assumes that the use of the potential of persons and property protection companies in the area of public safety is not sufficient.15 Based on the analysis of factors such as age, gender and level of education of the members of the study group can be concluded that most of the companies employ middleaged men (from 31 to 50 years old), with secondary education. Relatively the smallest age group are people who are over 60 years old. Only 13% are women. 11.2 % have higher education and 3.8% of them have primary education. Nearly half of the respondents had security personnel licenses ( 46.6 %), of which the 1st degree license received 24.8 % and 21.8% second degree licenses, which entitles them to exercise managerial functions and the preparation of management plans for sites subject to mandatory protection (the socalled List of the Governor). The studies covered also the earnings of the respondents. The vast majority earned up to 7 zlotys per hour of work (58,6%). In the group of respondents earning over 7 zlotys, with the upper limit specified at 10 zlotys, there were 34.9 % of respondents, while only 4.8% earned more, but did not exceed 13 zlotys per hour. It was also ascertained that as many as 76.6 % of the respondents work more than 176 hours a month. 19,2% of them work from 170 to 190 hours, and 25,5% of them work from 191 to 220 hours a month. 31,8% of them

15

Zob. A. Czop, Udział firm ochrony…, op. cit., p. 199 – 227.

24

work well above the normal monthly working hours. The variable, which is closely linked to monthly working time, is performing by protection personnel their duties for 24 hours without any break. 53.8% of the respondents answered “Yes” to the question if it happens to them to work for so long at least once a month. 29.4 % of them worked continuously for 24 hours or even more several times a week. Working time is also associated with feeling tired. Therefore, 42,6% of respondents said they were feeling exhausted. There is no neutral opinion of 18.8 % of the workforce, and only 4,8 % of them replied that they definitely do not feel tired. These data are a natural implication of too long working hours, which was shown before. In this study it was found out that 19.2 % of security workers are not employed only in one company , but at the same time work for another employer. We also examined the nature of the employment of security personnel. Less than half of the interviewees (46,2%) were employed under the contracts of employment, of which 5,6% were part-time workers. The other respondents worked under civil law contracts: 51.1 % under fee-for-task agreements, 2.6% under the contracts of commission . In the study group, it was ascertained that 58.5 % of workers in their employment history worked in more than one security company. This result indicates a high staff turnover in the private security sector. 32,7% of interviewees were employed in more than two companies. The respondents were also asked to consider the question of their willingness to change their profession of security guard. Only 8.9% of respondents have answered “definitely no”, “rather not”- 25,2% of them. There was very large percentage of people who could not make up their mind - 27, 4%.


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The rest of them, 38,5% have said that they would consider such a possibility. When asked about job satisfaction, almost half of the respondents (49.2 %) answered that the work gives them satisfaction. A large percentage was also recorded in the group of hesitant - 29.1%, of which only 4.8% said they were definitely not accompanied by a sense of satisfaction. We also examined whether the security staff believe that the job they do enjoys social prestige. As many as 62.7 % of the respondents replied in the negative, of which 24.6 % said “definitely not”. Nearly 1/5 of the respondents had no view on the matter. Only 8% of the respondents said „definitely yes”. The study determined the frequency of professional training undertaken by the respondents16. It turned out that despite the high cost of training and the lack of a legal obligation to undergo it, up to 60% of the subjects are covered by the internal training, organized by employers. However, in general the training does not cover 40.1% of respondents. The issue of training is also related to the level of physical fitness, especially important in the situation of making intervention by a security guard . As many as 42.9 % of respondents gave a positive answer to the question “Do you do any sports regularly?” Another question concerned the powers available to security guards in the buildings and premises where they carry out their tasks. More than a half of respondents (54.8%) said that they were sufficient tool to carry out their tasks. However, 45.2% disagrees recognizing that it would be necessary to give them additional powers. 16

Zob.T. Ambroży, A. Czop, R. Kręgulec, Wpływ nowej ustawy o sporcie na zachwianie kultury bezpieczeństwa – Polemika, Security Forum Cracow 2012, Kraków 2012, p. 12-15.

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When asked “Do you immediately transmit to the Police any information about the threats you have noticed? ” 65,9% of respondents answered “yes”. From the point of view of the research the answer to this question was one of the most important - “Do you intervene when seeing someone committing an offense outside the protected premises?” 66,7% of respondents answered “yes”. They also declared their readiness for action, which is not due to the currency of their contract . The respondents were also asked about whether they believe that the civil authority is sufficient to intervene in an emergency situation outside the protected premises. In this case, the distribution of responses was almost even. 50,7% of them answered “yes” and 49,3% said “no”. In the consequence of the previous question , there was another one: “Do you think that a security guard who intervenes in the area not subject to mandatory protection should have protection of a civil servant?” The vast majority of respondents answered in the affirmative. The following questions were related to the cooperation of person and property security companies with the Police, and in particular whether this institution, which is the principal entity responsible for order and the security situation in the country 17, involves private security sector; whether it transmits information to security staff on the issues in which they might be helpful supporting activities of the Police. Over 80% of the respondents answered “no” to all of these questions. We also examined whether the security staff are provided with a radio channel to contact emergency services. 86% of the respondents answered in the negative. 17 Zob. A. Czop, M. Sokołowski, Historia polskich formacji policyjnych od II wojny światowej do czasów współczesnych, [w:] „Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje”, red. J. Piwowarski, B. Wiśniewski, Kraków 2013, p. 44-46.

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Andrzej Czop EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES…

The last question concerning cooperation with the departments responsible for the broad public safety was about the opportunity to contact emergency services instantly in other ways than dialing common emergency telephone number. 69,9% of the respondents claimed that there was no possibility of contact with the Police on the premises. 76.8% of respondents granted a similar response regarding the possibility of contact with the Municipal Police on duty 18. This study has fully confirmed the established detailed hypothesis, especially that Polish system of public security is not fully efficient and the formal and legal basis defining functioning of security companies is not sufficient to carry out the tasks entrusted to those entities. The assertion that the current use of the potential of companies to protect people and property in the area of public safety is far from sufficient has been also verified as positive. This is due both to the lack of adequate normative regulation as well as from the organizational dysfunction occurring in the current system of public safety. Government subsystems (the uniformed services) and local authorities (Municipal Guards) mostly are not interested in cooperating with a local subsystem (people and property protection private companies). This means that there are no common actions, information exchange and mutual trust that allow efficient pursuing of the common goal which is to ensure public security. Based on the results of heuristic tests on the possibility of intensification of people and property protection companies in the area of Polish public safety, there were examined formal legal basis defining the functioning of personal and property protection companies. There have been identified factors limiting the optimal share of people and property

18

Ustawa z dnia 24 sierpnia 1991 r. o Państwowej Straży Pożarnej , Dz. U. 1991 nr 88 poz. 400.

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protection companies in ensuring public safety. In this paper, were erected and verified positive working hypothesis that an increase in the share of companies to protect people and property in ensuring public safety in Poland is possible and desirable. The possibility of a fuller integration of these people in the public security system can effectively influence the prevention and control of hazards, both those affecting citizens, as well as the economic interests of the state. Without a doubt, it can also imply an increase in social security, which is an important indicator of the effectiveness of the state in this important area of activity. The hypothesis that the functioning system of public security is not efficient was fully confirmed in the material test. It has been shown that there is no proper interaction between personal and property protection companies constituting the local level security system and central and local government formations. Lack of coordination, information flow and ensuring effective communication between the participants of the system does not allow it to work properly. We understand system as an ordered set of elements, between which occur certain relationships that form a whole. Thus, a security system is a set of relatively isolated, but organizationally, functionally, factually and legally integrated into a common whole subsystems, which have a potential that make them able to counteract threats and provide durable, safe and sustainable development. Studies have shown that there occur dysfunctions of both legal, and organizational and functional character, which make the system incapable of counteracting threats fully. Thus, the hypothesis that the system is inefficient has been proven. Adopted specific hypothesis ascertaining that the formal and legal basis, which defines functioning of the people and property protection companies are not


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sufficient enough for them to perform assigned tasks, was confirmed in the course of the research. Entitlements of the protection workers, who have now limited permissions to check ID, and use of the means of coercion and firearms should be extended. The catalogue of both the available measures and the cases, in which they can be applied in author’s opinion is insufficient. Security workers, who perform their activities on the premises, which are not under mandatory protection, do not use the legal protection provided for public officers, which is only guaranteed to workers of the specialized armed security formations (SUFO). A major problem is also lack of a legal obligation of state authorities to provide information on identified abnormalities, which can result in termination of the license. There is also no legal regulations concerning participation of security personnel in trainings improving their knowledge and practical skills. Unregulated remains also the issue of cooperation of the Police with security companies in the public space, which they would be obliged to protect under a contract with a client. Regulation of the Ministry of Internal Affairs dated 18th December 1998 “on the detailed rules of cooperation of SUFO with police, fire fighting units, civil defense units and municipal guards” only defined the cooperation with the part of the private security sector, which are specialized, armed security formations. Gaps identified in the legal regulations underlying the operation of the people and property protection companies, generate difficulties in the field of proper implementation of the tasks entrusted to these entities. The hypothesis assuming that the use of the potential of people and property protection companies in the area of public security is not sufficient has been confirmed entirely.

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The research shows that the police does not engage security companies to other tasks than protection of facilities entrusted to their care. Protection companies do not get information about vulnerable places, to which attention should be paid during performing patrols. Police also do not suggest places of dislocation of intervention groups that wait for an emergency call, although this would be of great importance for prevention. Security workers are not informed also about persons sought, stolen vehicles or persons for whom a pursuit chase is going. There is also a lack of actual cooperation between SUFO, and the Police in protecting buildings and areas, protection of which is mandatory and thus which are particularly important due to the strategic interests of the State. There is also lack of efficient communication in situations of emergency or which require cooperation of various services. All of this results in the fact that the forces and resources held by the private security sector are not being used despite that both business owners and employees are willing to work for the safety of not only the objects entrusted to them, but also of public places that are not supervised by them under a contract. The state of knowledge, which is a result of the analysis of functioning and using the potential of people and property protection companies in the field of security, as well as findings of the empirical researches allowed to indicate solutions that enable an increase of participation of people and property protection companies in the system of public security of the state. In the area of security management it was proven that already in the current legal state it is possible to use the potential of private sector of security better, this however would require change of the governmental and local security formations’ attitude to cooperation, especially the Police’s which in this scope should be an animator and coordinator of the projects carried out. It was indicated that current 27


Andrzej Czop EVALUATION OF THE USE OF PERSONAL AND PROPERTY PROTECTION COMPANIES…

regulations does not exclude such a possibility of cooperation, which to a large extent depends on initiative and activity of persons, who manage the Police units or municipal guards units. Signing appropriate agreements can build some general framework of such cooperation. Studies have confirmed that new legislation precisely defining the possibilities of cooperation of protection companies with other security formations in the field of securing the objects that has to be protected would be conducive to intensification of participation of protection companies in security actions. It was agreed that the legal framework does not cover 4 out of 5 business entities in the field of security industry, which carry out their tasks in the areas that are not subjected to mandatory protection. Therefore, it is necessary to create an act that regulates the relationship between security companies that are not SUFO and state formations responsible for security. Such an act should define the scope of cooperation and responsibilities of the participating entities. Entries must be detailed so that they will not give rise to doubt about what specific action are included in the process of implemented cooperation. Studies have indicated that changes of the legislation should also apply to the issue of employment of security workers, who obligatory should provide their services under contracts of employment, rather than civil law contracts. This would allow to increase their material status and to create conditions for the protection companies for healthy competition, in which price of the service would be as much important as training, experience and level of the tasks performed. The final result of the research process, the findings of which are presented in this publication is indication of the specific directions of changes both in the security management and legislation, which may contribute to the better use of the high 28

potential of person and property protection companies, which is currently not satisfactorily integrated into the system of public security. This in turn can cause that the system will be much more efficient and will consequently increase the level and sense of security, which is a fundamental need and social value. .

REFERENCES: 1. Ambroży T.,. Czop A, Kręgulec R., Wpływ nowej ustawy o sporcie na zachwianie kultury bezpieczeństwa – Polemika, Security Forum Cracow 2012, Kraków 2012. 2. Czop A., Japoński wzorzec kultury bezpieczeństwa: Moralność poprzedza prawo. Konstytucja XVII Artykułów. Bezpecne Slovensko a Europska Unia, Kosice 2011. 3. Czop A., Sokołowski M., Historia polskich formacji policyjnych od II wojny światowej do czasów współczesnych, [w:] „Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje”, red. J. Piwowarski, B. Wiśniewski, Kraków 2013, p. 44-46. 4. Czop A., Udział firm ochrony osób i mienia w zapewnianiu bezpieczeństwa publicznego w Polsce, Katowice 2014. 5. Dz.U.1997 nr 114 poz.740. 6. Gierszewski J., Firmy ochrony jako komercyjne organizacje odpowiedzialne za bezpieczeństwo innych podmiotów, [w:] Logistyka – Komunikacja – Bezpieczeństwo. Wybrane poblemy. M. Grzybowski (red.), Gdynia 2009, p. 171. 7. Hrynicki W., Ochrona osób poza ustawą z dnia 22 sierpnia 1997 roku o ochronie osób i mienia, Bezpecne Slovensko a Europska Unia, Kosice 2011. 8. Kitler W., Obrona cywilna, Warszawa 2004. 9. Kitler W., Skrabacz A., Wojskowe wsparcie władz cywilnych i społeczeństwa, Warszawa 2003. 10. Kręgulec R., Pajorski P., Ustawa o ochronie osób i mienia - Komentarz, Warszawa 2014. 11. Lisiecki M., Kwiatkowska - Basałaj B., Pojęcie bezpieczeństwa oraz prognostyczny model jego zapewnienia [in:] Zarządzanie bezpieczeństwem, (red. nauk.)Tyrała P., Wydawnictwo Profesjonalnej Szkoły Biznesu, Kraków 2000. 12. Rozwadowski M., Doskonalenie systemów zarządzania bezpieczeństwem ruchu drogowego, Kraków 2014. 13. Pajorski P., Aktywność agencji ochrony osób i mienia na rzecz bezpieczeństwa na poziomie lokalnym, „Zeszyt Naukowy”, no 6, Apeiron, Kraków 2011. 14. Słownik terminów z zakresu bezpieczeństwa narodowego, AON, Warszawa, 2002. 15. Ustawa z dnia 24 sierpnia 1991 r. o Państwowej Straży Pożarnej , Dz. U. 1991 no 88 pos. 400. 16. Ustawa z dnia 6 kwietnia 1990 r. o Policji (Dz.U.1990,no 30, pos.179. 17. Wojnarowski J., Babula J., Bezpieczeństwo militarne Rzeczpospolitej Polskiej, Warszawa 2004.


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2014 (29-33)

COMBATING TERRORISM. CLASSIFICATION OF TERRORIST ACTS Đžleksandr Fedotov, Ph.D. Internal Affairs of Ukraine, UKRAINE

ABSTRACT This paper examines the fight against terrorism and the classification of terrorist attacks. Mass and geographic prevalence of terrorist acts and their output in most cases beyond one particular country, as well as the availability of sustainable and carefully conspiratorial network connection between different terrorist groups that operate even in different regions of the world to characterize contemporary terrorism as a phenomenon having an international character. ARTICLE INFO Article history Received: 03.11.2014 Accepted 16.12.2014 Keywords terrorism, anti-terrorist coalition, international terrorism

INTRODUCTION Nowadays, the phenomenon of terrorism is quite common. If until recently resort to terror as a means of resolving political or religious issues was exceptional, extraordinary phenomenon, nowadays almost daily reports about terrorist attacks are seen as inevitable. Terror has become an integral part of modern life and became global. Terrorism (from Latin terror - fear, intimidation) - a form of political extremism, using the strictest methods of violence, including physical destruction of people to achieve certain goals. Terrorism carried out by individuals, groups that represent the interests of certain political movements or represent the country. Where terrorism is raised to the rank of state policy. Terrorism - inhumane way to solve the political problems in terms of confrontation, conflict of interest between different forces, manifestations of inequality in international, inter-religious relations. It can be used as a means of satisfying the ambitions of

individual politicians, as well as an instrument of their goals mafias, criminal world. Analysis of recent research. Define terrorism can be as a policy of intimidation, suppression of enemy force means. There are three main types of terrorism: political, religious and criminal. It should give a little commentary on the legal classification of acts of terrorism. They are: - Attack on government or industrial facilities that result in property damage, as well as an effective deterrent and a show of force; - The seizure of government offices or embassies (accompanied hostagetaking, causing a serious public outcry); - Seizure of aircraft or other vehicles (political motivation - liberation from prison party comrades, criminal motivation - ransom); - Violence against the individual victim (for intimidation or propaganda purposes); 29


Đžleksandr Fedotov COMBATING TERRORISM. CLASSIFICATION OF TERRORIST ACTS

- Kidnapping (to political blackmail to achieve certain political concessions or release prisoners form of selffinancing); - Political murder (this is one of the most radical means of fighting terrorism, murder, within the meaning of terrorists should free people from tyranny); - Explosions or mass murder (based on the psychological effect of fear and uncertainty people). It should be noted that in Ukraine have been identified terrorist organizations aimed at overthrowing the state system. The problem of terrorism in Ukraine is on a different plane, we can mention "criminal terrorism" in the country and the activities of foreign terrorist organizations in Ukraine. The main material. It is difficult to draw a clear between terrorism and ordinary criminal gang. It is believed that the terrorist acts carried out by reference to law enforcement officers. And the number of such acts in our country in recent years is increasing. The attacks in Istanbul, Madrid, last series of terrorist attacks in Russia (Moscow, Beslan, explosions, aircraft), continuous bombings in Iraq, and numerous threats of new terrorist attacks on different states, distributed through the media, especially the serious consequences of terrorist attacks, manifested primarily in the death of a huge number of innocent innocent people, rage and cynicism criminal actions give reason to believe that, despite the measures taken by the governments of the anti-terrorist coalition, the level of terrorist activity remains high and tends to increase. Given the fact that fundamental changes in the political situation in the world has happened (the main catalysts of terrorist activity, still remain unresolved Arab-Israeli conflict, activism anti-terrorist coalition forces in Afghanistan and Iraq, instability in the North Caucasus and a number of other factors ), the 30

trend of strengthening of terrorist activity is a particular danger. According to the many experts, one of the main causes of this terrible reality is a discrepancy level of opposition from the anti-terrorist coalition real extent of the terrorist threat. Mass and geographic prevalence of terrorist acts and their output in most cases beyond one particular country, as well as the availability of sustainable and carefully conspiratorial network connection between different terrorist groups that operate even in different regions of the world to characterize contemporary terrorism as a phenomenon having an international character. On this basis, the experts concluded that for effective struggle against terrorism must be joined and coordination of all countries in the framework of intergovernmental coalition against terrorism. At the same time as the first and most effective steps towards the practical realization of this task is considered by coordinated activity of several states that are part of existing international or regional political, economic and military alliances. Thus, along with the political, economic, humanitarian and other activities that are offered to step to improve the effectiveness of counterterrorist activities, emphasizes the need for greater involvement opportunities for special services as a key tool whose primary purpose in the fight against terrorism is in today's conditions, early detection of terrorist threats, their localization and termination with specific methods and tools that have the "arms" special services. Given the relative novelty and relevance of the involvement of intelligence agencies to combat terrorism, as well as some complexity in the organization and implementation of the interaction of two or more intelligence agencies, even "friendly" with each other, because of the specificity and sensitivity of the


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forms and methods used by them in practice, certain theoretical and practical importance analysis of the experience of international structures with coordinated use of national intelligence services in this area. The growth of terrorist attacks, the unpredictability of the consequences of these acts causing great concern of the world community, which is increasingly intensify its efforts to combat terrorism. Since XXVII Session of United Nations General Assembly annually discussing measures to prevent terrorism. In December 1972, the special committee on international terrorism, which included representatives from 34 countries. In early 1995, the UN General Assembly unanimously adopted the Declaration on Measures to Eliminate International Terrorism. In recent years produced more than ten conventions and protocols related to counterterrorism. But the complexity and diversity of the forms of its manifestations difficult to solve this problem. In this regard, we consider it appropriate to consider some aspects of the European Union as the most influential intergovernmental union in Europe to attract special of the Member States to combat terrorism. It should be noted that the cooperation of special services in some European countries, in particular in the fight against international terrorism, is the beginning of the 80th 20th century. The main content of the cooperation is to exchange information bilaterally to the mentioned problems. In 1975 he established the so-called group TREVI (Terrorism, Radicalism, Extremism and International Violence), which brought together Ministers of Justice and Home Affairs Ministers of the EU to strengthen the fight against transnational organized crime and drug trafficking. Now the group has given way to cooperation in the field of justice and home affairs (JHA) in the EU so-called K4 Committee, consisting of senior functionaries and prepare solutions in

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JHA and is responsible for their implementation. Bernese club was founded in 1965 and brings together 18 countries to date. It meets at the level of special services every 6 months and make a decision only unanimously. It is composed of the heads of intelligence agencies of the member states Group kilowatt (Kilowatt Group) since its inception in 1977, brings together 15 members (9 Member States of the European Economic Community (now the EU -) as well as Canada, Norway, Sweden, Switzerland, the US and Israel. Special Committee alliance of security of NATO member states. His expertise includes counter-intelligence and counterterrorism, particularly to ensure the safety of troops stationed abroad [1]. Existing cooperation structures may also include the Conference of the Interior Ministers of the Western Mediterranean, which was formed in 1982 at the initiative of France, whose members include France, Spain, Tunisia, Algeria and Morocco. The goal - the fight against Islamic fundamentalism and organized crime. In the same series is the Conference of Central Europe (Middle European Conference - MEC), which brings together heads of intelligence and security in Eastern and Central Europe. Seminars ILETS (International Law Enforcement Communication Seminars) are intended for informal meetings of representatives of special services based on legal interception of telecommunications. In 2000, during the Finnish presidency of the EU, in order to coordinate the activities of police departments EU member states and candidate countries was formed Council of heads of police organizations - Police Chiefs Task Force (EPCTF). The nature of the interaction between the EU Member States in the functioning of these structures was limited mainly to exchange the information available at the 31


Đžleksandr Fedotov COMBATING TERRORISM. CLASSIFICATION OF TERRORIST ACTS

bilateral level and conducting various seminars and meetings. General recommendations are taken on them, mostly generic, declarative content and related usually situational questions that arose in different parts of the world. Process Intelligence cooperation of EU Member States has acquired a certain recovery after September 11, 2001. In particular, the governing bodies of the EU adopted a number of decisions regarding the implementation of enhanced cooperation within the EU in the so-called intelligence community. To this end, at the initiative of the High Representative of the European Union was founded Assessment Center situations to share intelligence information between major intelligence agencies of the Organization. In December 2003 at the latest EU summit in Brussels was adopted European Security Strategy, which first terrorism was included in the list of major threats to the security of the Union [2]. However, any concrete steps towards the creation of a special EU bodies in charge would include development of a general concept of using intelligence services of member states of the Union in the fight against In this article, the term "research" shall mean the general process of acquiring information, special services. Terrorism and to coordinate their activities, was not done. The format of their interaction remained without significant changes. Moreover, as noted by European political scientists, in terms of legal institutions in the EU so there was not an effective general mechanism to combat terrorism. The need to radically improve how acquired special relevance only in March 2004, following the implementation of a number of terrorist attacks in Madrid. For the first time the existence of the European Union on the agenda were the not only the task of organizing and carrying out 32

more in-depth cooperation EU intelligence services, but also to create in the future within the EU supranational intelligence structures, and - develop a common concept for security services as part of a common European policy in the field defense and security. In particular, the 19 March 2004 the German request urgently conducted JHA Council of Ministers, which discussed the main possible measures to counter terrorism. To express France's Interior Minister Nicolas Sarkozy, who took part in the Council, "the principle of creating operational structures for the exchange of information" was recorded JHA Council. Despite a rather skeptical assessment of the possibilities of significant intensification Intelligence cooperation of European countries by individual politicians and their own special services, the main conclusion of the experts was that in terms of prosperity terrorist activity the trend towards greater cooperation and intelligence services in the future development of the common intelligence of the EU policy is objective and fruitful, and this task is necessary and feasible. At the same time, an active debate has gained proposal by EU High Representative for the common foreign security policy H.Salany, who proposed the summit to establish the post European coordinator of anti-terrorist activities, whose main task will be to develop a unified strategy for the protection of the population of the EU against terrorist threats. 25-26 March 2004 European Council on the results of the EU summit adopted a number of programmatic documents: Deklaration on combating terrorism, strategic objectives of the European Union in the fight against terrorism (revised Action Plan) etc. Etc. Among the main activities that aim to develop the existing cooperation in the fight against terrorism, the Declaration provides for increased cooperation between Europol,


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Eurojust, the intelligence agencies of EU Member States and the Council of heads of police forces in the EU. The priority will be given to the further development of legislation to prevent financial terrorism and exchange of information on its funding. [3] One of the main practical implications of the European Council meeting was the formation of the post of coordinator for counterterrorism, which was scheduled Dzhisa de Vry (Gijs de Vries). According to experts, the introduction of a separate position is due, above all, lack of effectiveness of EU action at the supranational level in the fight against terrorism. Thus the main task D.de Vry will solve "almost impossible" problems establishing cooperation on the exchange of information between about 34 "traditionally closed" national intelligence agencies of member countries, and centralized EU agency, especially Europol and Eurojust. Analyzing innovation, some analysts point to the lack of a methodology for establishing a mechanism to exchange legal and intelligence, and are skeptical about the possibility to coordinate these activities in a confidential (particularly in the financial sector). Austria, Germany and the Benelux countries (Belgium, Netherlands, Luxembourg) announced their intention to step 5-sided format of the fight against terrorism and organized crime. To this end, May 28 at the meeting of JHA of these countries, it was decided to create a single database on persons suspected of involvement in terrorist organizations and organized crime groups. It is assumed that the database zberihaty¬metsya information on the DNA and fingerprints of people they stop. In summary, it should be noted that the measures taken in the early XXIST. EU

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measures to intensify the fight against terrorism to increasing coordination of activities of special services of the Organization are quite meaningful and thoughtful character. It is expected that the effectiveness of the course adopted by the EU to improve coordination of activities of special services by creating the post of Coordinator and the use of the existing organizational structure of the organization, ie, without the formation of a single pan-European security services, shall be settled in the near future depending on the practical performance of the intelligence services of member states to combat terrorism. Conclusion. For Ukraine, the important fact is that the fight against terrorism, including methods of intelligence, has recently become one of the decisive criteria for the development of relations with the EU "third" countries. Thus, given the strategic political line on Ukraine's integration into the European community, studying the experience of the EU in this area seems appropriate for pravo¬ohoronnyh Ukrainian authorities involved in the fight against terrorism.

REFERENCES: 1. Stanley W. NATO in transition. The future of the Atlantic alliance / Timothy W. Stanley. - New York ets.: Praeger for the Council on foreign relations, 1965 - XII. - 417 p. 2. Европейская стратегия безопасности: Совет Европейского Союза. - Брюссель, 8 дек. 2003 г. //http: www.delrus.cec.eu. 3. Резолюция 1535 (2004): Прин. Советом Безопасности на его 4936-ом заседании 26 марта 2004 года //http.www.un.org/ussian/documen scresol/res2004/res 15356.htm.

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2014 (34-46)

TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION CLOTHING BASED ON FIREFIGHTERS – RESCUERS dr inż. Jan Giełżecki1, bryg. dr inż. Robert Marcin Wolański2 1 University 2

of Agriculture in Krakow, POLAND The Fire Service College Cracow, POLAND

ABSTRACT The paper presents examples of protective clothing technology research in the context of maintaining an optimal level of safety of firefighters under the influence of the thermal environment. Attention was drawn to the essence of measurement parameters determining the effectiveness of protection. The article includes diagrams, photos and explanations of the methods covered by the copyright measurement technologies accomplished by a number of centers around the world. It has been shown the ability to evaluate the material and constructive personal protection adopted in developing safety technologies regardless of normative systems in force in different parts of the world. ARTICLE INFO Article history Received: 14.11.2014 Accepted 05.12.2014 Keywords Security technologies, thermographic measurement, personal protection, aramid fabrics, special clothes.

INTRODUCTION Today's activity field of virtually all uniformed formations is rich in complex of environmental risk factors model impacts. The importance of a sense of security and all operational abilities plays a key role in achieving any goals. Scientific and development achievements beginning of the XXI century allow only a partial recognition of the full danger in the present moment. This situation is promoted by uncontrollable and often unpredictable nature of the course of individual components of the event or purpose. Definitely destructive and to date relatively recognizable course of thermal phenomena in the fire environment allows one to research and analyze security solutions . The previous discussion on reducing the impact of thermal processes on the body rescuer 34

indicates the possibility of a broad and more comprehensive approach to the knowledge of the ability of the protection and the potential to improve their effectiveness. The model commonly adopted in many countries is considered as sufficient evaluation of materials or entire protective structures sets used if it fulfills standards. The results of the research conducted in the assessment of capability with standard show only the fulfillment of a sample of the defined conditions image. The knowledge of the behavior of materials and ready-made protective structures in situations deemed critical interactions, is not possible to be fully known. The functioning of the model testing for wider knowledge is crucial in the development and modeling new construction.


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The study focused on issues of direct action model of heat flux on the surface of the body officer protected by the set of protective clothing. The basic model [6] The basic model of heat conduction in firefighter protective clothing is used with assumptions: – protective textiles are dry (e.g. no moisture from sweat), – fabrics are treated by temperature below the thermal degradation (e.g. melting or charring). A lot of firefighter burns occur even when there is no thermal degradation of protective clothing. The flat geometry of the fabric layers of protective clothing lets assume one-dimensional heat flow (Fig. 1). Heat radiation is subjected

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to a fabric sample from both the front and the inner layer. The accuracy of the model is verified by comparing the time to obtain a certain temperature, both within and on the surface of typical fabric, with temperatures obtained experimentally – the fixing of the thermocouple measurement is shown in Fig. 1. The tests stands of the experimental research are shown in Figure 2. and 5., 6. The location of the thermocouple and its attachment are presented by Figure 3. and 4.The model well simulates the flow of heat especially in the interior of protective clothing, where the temperature difference between experiment and simulation is approx. 5 °C. Expected temperatures on the outer side of the garment differs most from the experimental values (approx. 24 °C). Presumably it takes place due to the lack of optical properties (transmission, reflection) of fabrics used in the model.

Fig. 1. The fixing of thermocouple to the fabric used for the construction of protective clothing [7, 8]

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Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION…

Fig. 2. The photography of measuring apparatus [2, 3, 6 ÷ 8]

Fig. 3. The mounting of thermocouple to the measure of temperature of the mat [7]

Fig. 4. The location of the thermocouple, the fiber and the radiator [7]

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Fig. 5. Apparatus for testing the thermal conductivity - Rapid- k together with the computer system [9, 10]

Fig. 6. The diagram shows the principle of the system Rapid - k [9, 10]

ADVANCED MODELS [11, 12] During fires a firefighter is subjected to different thermal conditions such as: radiation, flame or contact with hot objects. The most common is being subjected to the exposure with low levels of heat radiation for a longer period of time. Firefighters working in these kind of conditions often sweat profusely which leads to accumulation of moisture in the material layers of clothing. Clothing can also become wet by contact with extinguishing water. The presence of moisture in the clothing can significantly alter its protective efficacy.

Wet clothes have higher heat transfer rate than dry ones. The evaporation and condensation of moisture and associated with this phenomenon’s energy flow can affect on temperature changes at the skin surface. Firefighters body surface may get second degree burns while working in such conditions. Injuries can be the result of heating and evaporation of moisture in clothing. The development of the precise model of the mathematical testing of heat and moisture conduction trough multilayer fabrics with or without air layers between them may significantly affect the ability to reduce experimental studies. The flat geometry of the fabric layers of protective clothing 37


Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION…

(on experimental station) lets assume onedimensional heat flow model.The model takes into account the thermodynamic changes of the textile and its properties due to the presence of moisture. In the numerical simulations of heat and mass transfer through wet thermal liners which were (used in firefighting protective clothing) treated with radiant heat flux results were comparable with those of the experimental measurements (using a radiant gas burner). After heating up moisture in the fabric partially tends to re-condensate in the interior of the fabric. According to the observations of the experiment the temperature of the fabric layer and the heat flux on the skin surface is greatly related to the amount of moisture and its presence in the protective clothing. Simulations performed for different sets of multi-layer textiles (with different humidity) may be useful in designing the firefighters protective clothing. Numerical tools to study the transmission of moisture in the firefighter protective clothing thermally irradiated are crucial in preventing burns (as significant determinant) by designing new protective clothing. This tool provides information about the heat capacity of the firefighter protective clothing and its response to fire in different fire situations.

Detailed scientific analysis anticipating thermal properties of protective clothing must take into consideration the diversity of conditions in which firefighters lead actions. The main issue related to the phenomena occurring during the fire is heat and mass transfer through the structure of protection. However, transport of heat and mass transfer in wet porous materials is a complex issue. The basic types of energy transmission mechanism in personal protection are conduction and convection in the liquid and gas phase. The model verification is carried out experimentally. Examples of experimental methods: – the method according to the ISO Standard 17492 TPP. The scheme of the test stand used in TPP method - a single fabric layer is shown in Fig. 7. and 8. – permeation test method in the configuration used in the ATSM F903 shown in Fig. 9., – the method of measuring temperature and humidity Aminco -Aire Model J4s - 5460 is shown in Fig. 10., – sweating test method - temperature measurement, humidity and thermal properties of wet protective clothing subjected to dynamic pressure is shown in Fig. 11. and 12.

Fig. 7. The scheme of the method used in the TPP - a single layer of fabric (Model ISO Standard 17492 TPP) [11]

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Fig. 8. Diagram of the device to determine the TPP - evaluation of monolayer [11]

Fig. 9. The study of diffusion in the configuration used in the ATSM f903 [1]

Fig. 10. Dynamic measurement of temperature and humidity [1]

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Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION…

Fig. 11. The test apparatus - hotplate in an environmental chamber [1]

Fig. 12. Apparatus testing thermal properties of wet protective clothing subjected to dynamic pressure [7]

Firefighters exposure to external factors during fire and rescue operations concerns not only the thermal effect but also chemical and biological factors. The examples of these types of interactions are the permeation of chemical va-

pors or liquids and chemical molecules presented in Figures 13. and 14. The test of penetration the fire protective clothing by liquids is shown in Figure 15.

Fig. 13. Illustration of penetration chemical or liquids vapors through the material [1]

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Fig. 14. Figure of permeation of molecules through the material [1]

Fig. 15. Test of penetration the fire protective clothing by liquids [1]

THERMOGRAPHIC TESTING METHOD OF EFFECTIVENESS OF PROTECTION AGAINST HEAT RADIATION (ACADEMY OF SCIENCE TECHNOLOGY - DEPARTMENT OF THERMAL ENGINEERING AND ENVIRONMENT FACULTY OF METALS ENGINEERING AND INDUSTRIAL COMPUTER SCIENCE) [13 ÷ 21] Studies conducted at the Department of Thermal Engineering and Environment Faculty of Metals Engineering and Industrial Computer Science AGH University of Science – Technology were to designate characteristics of the selected standard configuration used in personal protection. A ther-

mal imaging camera was used in the method of measurement using. Nowadays thermal imaging camera is a standard tool in the non-contact temperature measurement. Fig. 16. shows the test stand position for measuring the temperature on the inner side of a set of protective layers irradiated by blackbody (thermographic method) and in Fig. 17. The thermal imaging camera monitor with visible thermal image of the sample surface. The most commonly used measurement is the range of wavelength from 0,5 µm– 20 µm. 41


Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION…

1. 2. 3. 4. 5. 6.

Radiator Sample An infrared camera The controller of the microprocessor controller Thermal chamber to measure the surface emissivity of tested materials Computer

Fig. 16. The thermal measurement of the temperature of the sample irradiated by blackbody

1.

2.

Thermographic image of the scanned surface The scale of temperature measurement range

Fig. 17. The monitor of the thermal imager with a visible internal thermal image of the specimen

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The test stand to study the effectiveness of thermal protection materials and sets of protective layers is shown by schematic diagram in Fig. 18.and the image in Figure 19.

1. 2. 3. 4. 5. 6. 7. 8.

Transformer Controller Insulation Heating coil Thermocouple Blackbody Sample Infrared camera

Fig. 18. The scheme of the measurement position

1. 2. 3. 4. 5. 6.

Basis radiator Furnace The sample holder Autotransformer Microprocessor-based controller The security system

Fig. 19. The position of measurement for testing the effectiveness of personal protection

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Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION…

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Thermocouple type K (NiCr – NiAl) Cover The insulating layer Al2O3 The inner wall of the housing The outer housing wall The heating element 1,75 kW The contribution of insulation Activities blackbody The screw connection The core of the handle Joint The hinged frame

Fig. 20. The furnace for simulating the blackbody

The simulator of a blackbody is a hole in the wall of the furnace shown in Fig. 21. The basic element is a cylindrical cavity (8) with an internal diameter of 100 mm. It is situated in the symmetry axis of the outer furnace body in a way that its axis coincides with the axis of the bore in the outer furnace body with a diameter of 16 mm. There is a ceramic sleeve with an inner diameter of 10 mm mounted in the bore. The energy source is created by a set of two heating elements powered by electric current that is adjusted by an autotransformer which voltage is 0 – 260 V. The heating elements are embedded within the steel casing by a screw fastening and the insulating cartridge (7). Electric power supply from the autotransformer is regulated by a microprocessor controller RE16 – 1111000, made by Lumen company, operating on the basis of the thermocouple temperature measurement NiCr - NiAl (1). The thermocouple is located in such a way that measurement in the central point of the cavity is possible. The controller allows to check the current instrument reading of temperature on the display and to program the maximum temperature inside the cavity. This function enables to maintain constant temperature in the interior of furnace during making measurements. Cover plates of interior and exterior walls, furnace base and cover are mounted with screw (9) fasteners. This solution provides for the reduction of thermal deformation during the test and increases the of the device. Internal spaces be44

tween the plates are filled with construction insulating wool Al2O3 (3). The lower part of the structure is equipped with a sample holder. The handle consists of a suspended on screws (11) hinged frame (12) with measuring bore that has got 16 mm internal diameter. A sample setting mechanism allows quick and precise setting of the material. In addition, tilting frame is blocked by two screw connectors. This solution shown in Fig. 21. is prepared for direct measurement of internal surface areas of personal protection made of aramid fibers.

1. 2. 3. 4.

Frame tilt The locking screws The test port Sample

Fig. 21. Photography sample holder

The test of effectiveness of the thermal protection of samples can be achieved under thermical conditions with radiation of the blackbody at different


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temperatures ranging up to 800 oC and including (used in previous studies of temperature: 400 °C (673,15 K), 500 °C (773,15 K), 600 °C (873,15 K), 700 °C (973,15 K), 800 oC (1073.16 K). The measurement of the temperature of the blackbody in a microprocessor control circuit, which regulates the power supply of the heating elements, is implemented by the thermocouple type K (NiCr - NiAl). The result of the study is a set of thermal images which (after processing) make it possible to determine the course of the temperature changes over time. The first step after powering the heating chamber of the furnace is setting the certain temperature on the controller. The prepared sample is placed on the test stand after setting a thermal imaging camera and its launch. The camera operates at a specified measurement range with emissivity characteristic to the tested material sample. For personal protection samples made of polycarbonate and woven carbon fiber emissivity in the temperature range of 30 – 60 °C is ε ≈ 0.9. Measurement frequency depends on the predicted temperature waveforms image that is 0,1 – 1 s. Thermograms recorded during the measurement are stored in computer memory. Further analysis is to read the average temperatures in the study area from thermogram sequences and to keep the records of them in a spreadsheet.

REFERENCES: 1 Barker R. L.; A Review of Gaps and Limitations in Test Methods for First Responder Protective Clothing and Equipment, National Personal Protection Technology Laboratory, National Institute for Occupational Safety and Health (NIOSH), 31 January 2005, 2 Stroup D.W., McLane R. A., Twilley W. H.; Full Ensemble and Bench Scale Testing of Fire Fighter Protective Clothing, Fire Research Division Building and Fire Research Laboratory, National Institute of Standards and Technology, November 2007, 3 Madrzykowski D., Kerber S.; Firefighting Technology Research at NIST, Fire Engineering, Vol. 161, No. 5, 68,70,72, May 2008, 4 Barker R. L., Hamouda H., Shalev I., Johnson J.; Review and Evaluation of Thermal Sensors for Use in Testing Firefighters Protective Clothing, NIST GCR 99 – 772, Final Report, North Carolina State University Center for Research on Textile Protection and Comfort College, March 1999,

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5 Barker R. L., Hamouda H., Shalev I., Johnson J.; Review and Evaluation of Thermal Sensors for Use in Testing Firefighters Protective Clothing, NIST GCR 99 – 773, Annual Report, North Carolina State University Center for Research on Textile Protection and Comfort College, March 1999, 6 Mell W. E., Lawson J. R.; A Heat Transfer Model for Fire Fighter’s Protective Clothing, Fire Technology, Vol. 36, No. 1,1st Quarter, February 2000, 7 Lawson R. J., Vettori R. L.: Thermal measurements for fire fighters’ protective clothing, Thermal Measurements: TheFoundation of Fire Standards, ASTMSTP 1427, L. A. Gritzo and N. J. Alvares, Eds., American Society for Testing and Materials, West Conshohocken, PA, 2002, 8 Lawson J. R., Twilley W. H.; Development of an Apparatus for Measuring the Thermal Performance of Fire Fighters' Protective Clothing, NISTIR 6400, National Institute of Standards and Technology, MD, October 1999, 9 Lawson J. R., Pinder T. A.; Estimates of Thermal Conductivity for Materials Used in Fire Fighters' Protective Clothing, NISTIR 6512, National Institute of Standards and Technology, May 2000, 10 Lawson J. R., Walton W. D., Bryner N. P., Amon F. K.; Estimates of Thermal Properties for Fire Fighters' Protective Clothing Materials, NISTIR 7282, National Institute of Standards and Technology, MD, June 2005, 11 Kukuck S., Prasad K.; Thermal Performance of Fire Fighters’ Protective Clothing. 3. Simulating a TPP Test for Single – Layered Fabrics, Building and Fire Research Laboratory, NISTIR 6993, National Institute of Standards and Technology, MD, January 2003, 12 Prasad K., Twilley W. H., Lawson J. R.; Thermal Performance of Fire Fighters’ Protective Clothing. 1. Numerical Study of Transient Heat and Water Vapor Transfer, NISTIR 6881, National Institute of Standards and Technology, MD, August 2002, 13 Wolański R.: Technologia i materiały do produkcji ochron przed promieniowaniem mikrofalowym i podczerwonym – Rozprawa doktorska – Akademia Górniczo – Hutnicza, Wydział Inżynierii Materiałowej i Ceramiki, Kraków 2008. 14 Minkina W. A.; Technika pomiarów w podczerwieni w procesach technologicznych, Wyd. Politechnika Częstochowska, Instytut Elektroniki i Systemów Sterowania, Częstochowa 2000, 15 Kaczmarek M.; Istota działania urządzenia termowizyjnego. www.med.eti.pg.gda.pl 16 Dębski S. Termografia – mit czy rzeczywistość cz. I i II „W akcji” nr.2/2004, „W akcji” 3/2004, 17 Praca zbiorowa, red. Madura H.; „Pomiary termowizyjne w praktyce”, Warszawa, 2004, 18 Wolański R., Giełżecki J.: Metody termowizyjne w rozpoznawaniu zagrożeń w obiektach zabytkowych. Międzynarodowa Konferencja „Ochrona zabytków na wypadek szczególnych zagrożeń” 27 – 29 wrzesień Kraków 2005, 19 Wolański R., Giełżecki J.: Zastosowanie metody termograficznej w wyznaczaniu charakterystyk temperaturowych materiałów stosowanych w termicznych ochronach

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Jan Giełżecki, Robert Marcin Wolański, TECHNOLOGY RESEARCH OF TACTICAL PERSONAL PROTECTION… osobistych służb ratowniczych. Druga konferencja tendencje rozwojowe w technikach ratowniczych i wyposażeniu technicznym”. Wyd. Szkoła Aspirantów Państwowej Straży Pożarnej Kraków 2006, str. 103 – 114, 20 Rybiński J., M. Pieszczyński: Elektroniczne lokalizatory źródeł ciepła” BIT, Nauka i Technika Pożarnicza” 1986, nr 2, 21 Wolański R., Giełżecki J., Jasińska Ł.: Problemy określania pól temperaturowych metodą termowizyjną w

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pomiarach pożarów testowych grup A, B, C”, konferencja naukowo-techniczna, Kraków 15 XI 2006, Wydawnictwo Szkoły Aspirantów Państwowej Straży Pożarnej, 22 Donnelly M. K., Davis W. D., Lawson J. R., Selepak M. J., Thermal Environment for Electronic Equipment Used by First Responders, Building and Fire Research Laboratory, National Institute of Standards and Technology, Special Publication 1474 Natl. Inst. Stand. Technical Note 1457, 36 p., January 2006.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (47-68)

SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND Krzysztof Jerzy Gruszczyński , Ph.D. School of Information Technology, POLAND ICLE INFO ABSTRACT The economic significance of shale gas in Poland cannot be underestimated. In 2010 Poland was considered among the most promising of European countries for replicating the American shale gas boom. A study undertaken in 2011 by the United States Energy Information Administration placed Poland first among European countries in terms of technically recoverable reserves. Later reports downgraded the estimate of recoverable gas. In the EU member states were increasing reliance on imports from outside the EU, especially from Federation of Russia. For instance France currently imports gas from Algeria, the Netherlands, Russia and Norway, the UK from Norway and the Netherlands and LNG from Qatar. In addition, geopolitical factors may make shale gas in the EU more expensive to produce, and there are also infrastructure challenges. Other challenges include fracking litigation both in the United States and UK with the potential aftermath for European courts. In the United States, landowners often stand to benefit financially from drilling on their property—if they own the underground resources, they may receive a bonus or royalties upon leasing to an oil company in order to develop the resources. On the other hand, among the many obstacles in further development of shale gas might be the possible impacts of hydraulic fracturing on the environment and on human health. ARTICLE INFO Article history Received: 29.08.2014 Accepted 03.11.2014 Keywords shale gas extractions and regulation, European Commission, gas prices, federal regulation in the USA, environmental, risk, hydraulic fracking litigation in the USA & UK.

“America and Europe have done extraordinary things together before. And I believe we can forge an economic alliance as strong as our diplomatic and security alliances—which, of course, have been the most powerful in history. And, by doing that, we can also strengthen the multilateral trading system. So this Transatlantic Trade and Investment Partnership is going to be a priority of mine and my administration.” U.S. President Barack Obama, on the Transatlantic Trade and Investment Partnership, Lough Erne, Northern Ireland, June 17, 2013

This paper provides an analysis of the legal, policy, and environmental challenges associated with the development of shale gas in the EU and the USA in the aftermath of Crimean crisis, and describes the prospect of exploration of

hydrocarbons in Poland.1 At the present European shale gas, including Poland is expected to be at 1

Unfortunatally we can not present the results of planned very interesting and importantUnconventional Gas & Oil Summit, which will take place on 2 - 4 June 2014, London, UK. This event is one of the leading international

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

least twice as expensive to extract as in the US due to deeper geological layers, tougher regulations and a less competitive and more oligopolistic oil and gas service sector. The paper also explains the importance of shale extraction for public environmental rights and environmental protection and assesses the energy sector and economic impacts of the shale gas in the EU along with the potential for the member states to successfully replicate the US expertise. In addition, the paper discusses American and European laws, fracking litigation in both USA and UK, along with regulations that affect EU member states, which have developed a different legal environment concerning shale gas. It must be stated that the present European regulation concerning hydraulic fracturing, which is the core element in shale gas and tight oil extraction, has a number of problems because gaps the threshold for environmental impact assessments to be carried out on hydraulic fracturing activities in hydrocarbon extraction is set far above any potential industrial activities of this kind in the EU. In the final remarks it is observed that the future of shale gas in Europe will depend on its production costs, and thus it remains uncertain and surely more seismic testing, well sinks and further economic analysis are required to forecast whether Europe's shale plays will be as productive as those in the US. INTRODUCTION It will be helpfull to define the subject matter of our investigation. Conventional gas reservoirs are created when natural gas migrates toward the Earth's surface from an organic-rich source formation into highly permeable reservoir rock, where it is trapped in sedimentary rocks formed by the solidification of mud deposits in ancient tidal flats and deep water basins and belongs to the category of unconventional natural gases, which also includes coal-bed methane, gas from tight sandstones („tight gas‟) and methane

conferences exploring the latest trends in unconventional gas and oil

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hydrates.2 Gas-producing shales are predominantly composed of consolidated claysized particles with a high organic content. High subsurface pressures and temperatures convert the organic matter to oil and gas, which may migrate to conventional petroleum traps and also remains within the shale. However, the clay content severely limits gas and fluid flow within the shales Shale gas is considered an unconventional source as the gas is contained in difficult-to-produce reservoirs, which require special completion, stimulation and/or production techniques to achieve economic production.3 We shale noted that shale formations and other tight plays can also produce crude oil, lease condensates, and a variety of liquids processed from wet natural gas. Recent technological advancements have spurred a rapid, commercial-scale extraction of unconventional fossil fuels in the United States (hereinafter called as U.S.) and there is no commercial-scale exploitation in the Euroepan Union (hereinafter called as EU). The most important techniques deployed in unleashing potential of shale gas and coal bed methane are horizontal drilling and hydraulic fracturing (fracking) –, which have been used in combination for just a decade, and should not be confused with well stimulation techniques used for the extraction of conventional fossil fuels due to the combination of these two techniques and the scale of intervention involved.4 Hydraulic fracturing is a common practice in oil and natural gas development—90 percent of oil and gas wells in 2

Natural gas seeping from rocks was first reported in 1669 in Ontario County, New York, by the French explorer, Mr de La Salle, and a French missionary, Mr de Galinee. Shallow shale gas formations were also first exploited in New York, with the first commercial natural gas well drilled in Fredonia in 1821 by William Hart, a local gunsmith. By the 1880s, natural gas was widely used in the State of New York for lighting and heat and to supply energy for the drilling of oil wells. 3 See more at http://www.energy.alberta.ca/NaturalGas/944.asp 4 Any type of fossil fuel and minerals extraction involves potential risks for human health and the environment; whereas it is essential that the precautionary principles are applied to any future decisions about the development of fossil fuel resources in Europe, taking into account potential impacts from all stages of the exploration and exploitation process


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the U.S. undergo fracturing to stimulate production. It has been used since the 1940s in more than 1 million wells in the United States. In hydraulic fracturing, a fluid comprised of more than 99 percent water and sand and less than 1 percent chemical additives is pumped down the well at a high pressure for a short period of time, usually hours. This creates a network of cracks in the rock that allows trapped natural gas to flow to the well. The sand helps keep the fractures open and gas flowing5 Shale gas has become potentially important new sources of supply in Europe6 and substitution of coal and oil with gas in the short to medium term could help to reduce GHG emissions depending on their Lifecycle, but it must be stressed that by

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more than between 3-10% of EU gas demand.7 Europe’s energy service industry and rig counts are much smaller; its geology – and land access – are less accommodating; public acceptance is less of a given; urban density is far higher; and environmental regulations are more stringent. ASSESSMENT OF SHALE GAS RESOURCES WORLDWIDE Energy Information Administration (hereinafter called as EIA) agency of the United States Department of Energy (hereinafter called as DEO) estimated for 2013 a total "wet natural gas"8 resource of 2,431cubic feet (Tcf), including both shale and conventional gas. Shale gas was estimated to be 27% of the total resource.9

2035, shale gas is estimated to be meeting no

Figure 1. Assessment of global share Source: (US) Energy Information Administration

See more at http://www.chevron.com/deliveringenergy/naturalgas/shaleg as/howweoperate/ 6 In 2012, the EU imported 34% of its natural gas from Russia, according to the Congressional Research Service. Germany, the largest gas consumer, obtained 40% of its gas from Russia, while other nations, such as Finland, Sweden, and the Baltic states relied on Russia for 100% of its gas imports 5

7 Even under the most optimistic scenarios for shale gas exploitation, the EU would remain a significant importer of gas and oil and EU prices would continue to depend on high international prices http://www.euractiv.com/specialreportindustrial-renaiss/Europe-abandons-shale-gas-revolutionnews-533546 8 "Wet natural gas" is methane plus natural gas liquids, and is more valuable than dry gas 9 Technically Recoverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States". Analysis and projections. United States Energy Information Administration. 13 June 2013.

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

In an initial assessment of shale oil resources and an update of shale gas reserves, shale deposits could add 345 billion barrels of oil to global reserves, increasing the total to 3,357 billion barrels according to the EIA predictions.10 Shale gas added 7,299 trillion cubic feet of natural gas,

or 32 percent of the world total, according to the EIA report estimatations. The biggest resources can be found in China (1,115 trillion cubic feet)11, followed by Argentina (802 trillion cubic feet) and Algeria (707 trillion cubic feet) and the United States ranks fourth with 665 trillion cubic feet.12

Figure 2. Map of basins with assessing shale oil and shale gas formations May 2013 Source: United States basins from the U.S. Energy Information Administration and United States Geological Survey; other basins from ARI based on data from various published studies

In 2012, China consumed an estimated 10.2 mb/d, namely about 11.5% of the total world demand for oil. Between 1992 and 2012, the Chinese oil consumption increased from roughly 2.6 mb/d to 10.2 mb/d, i.e. + 292% (EIA, 2014). The IEA estimates that the pace of China’s oil demand should grow by an average of 3.7% per year until 2020. Starting from that year, the Chinese appetite for oil should increase by only 1.3% per year (IEA, 2013). 12 EIA, Technically Recoverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States, June 2013, p. 10, 11

(US) Energy Information Administration (EIA) (2013a), “Europe’s Energy Security: Options and Challenges to Natural Gas Supplies Diversification”, Washington, D.C. 10

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ASSESMENT OF SHALE GAS RESOURCES AND LEGISLATION IN CHINA Already in 2010, the Chinese government began to explore shale gas production. While there are no official statistics, it is estimated that China has over 1,275 trillion cubic feet of shale gas deposits.13 China has seven major onshore shale basins (see map below). Two basins —Sichuan and Tarim both well suited for commercial development and containing marine shale with sufficiently high organic content and sufficiently low clay content to make the quality of the natural gas (based on the organic matter) worth the development costs.14

Figure 4. Shale gas deposits in China Source: The Wall Street Journal

Shale gas could be China’s largest onshore source of energy, and the country is looking to develop this resource in order to decrease dependence on foreign natural gas sources from Russian, regardless signing on May 25th 2014 a deal with Gazprom.15 China and Russia signed natural gas supply deal worth US$400 billion, and http://thinkprogress.org/climate/2011/10/24/350356/chinashale-gas/ 14 The Chinese government thus far has only issued permits for the Sichuan basin, which is located much closer to China’s urban and industrial demand markets and therefore offers a much better business case for developers http://thinkprogress.org/climate/2011/10/24/350356/chinashale-gas/ 15 An intergovernmental deal, to be negotiated by the end of the year, would confirm that both countries would effectively subside the contract through tax exemptions 13

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under the agreement, Russia's Gazprom will supply China National Petroleum Corporation China’s largest oil company, with 38 billion cubic metres of gas annually for 30 years, with implied price was $350-$390 per 1,000 cubic metres of gas, beginning in 2018.16 According to the EIA China has 1,115 trillion cubic feet, or 36 trillion cubic meters, of recoverable shale gas resources in two basins Tarim and Sichuan, located in northwestern and No southwestern China, respectively.17 meaningful exploration has begun in the Tarim Basin due to its rough terrain and lack of water. The country plans to raise annual shale-gas output to 6.5 billion cubic meters by 2015 and as much as 100 billion cubic meters by 2020, but it could reach barely a 10th of its 2020 target. China’s latest five-year plan places great emphases on the exploration of nontraditional/alternative energy sources, such as coal seam, petroleum gas and oil sands. China’s target is to fulfill most of its energy needs from alternative sources by 2020. As part of this strategy, China plans to enter into strategic partnerships with foreign companies in order to help China acquire the skills and technologies needed to develop and exploit its shale gas reserves. China’s shale gas deposits are geographically different than those in the United States, and so it is uncertain if U.S. methods of retrieving the gas can be duplicated. While water is relatively abundant in the Sichuan province, it is also needed to support agriculture in the region, which supplies 7 percent of China’s rice, wheat and grains. China’s Ministry of Resources has invited some major oil and gas companies to pitch for shale gas exploration work, offering four 16 The agreement could pave the way for even more gas export deals. Once developed, the east Siberian fields will supply not only the China pipeline but also a planned liquefied natural gas plant in Vladivostok, which will export LNG to China as well as other Asian countries such as Japan, Korea and Taiwan http://www.ft.com/cms/s/0/d9a8b800-e09a-11e3-953400144feabdc0.html#axzz32oZAXNt8 17 U. S. Energy Information Agency Technically Re coverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States, June 2013; see more at http://online.wsj.com/news/articles/SB100014241278873234 01904578156710038647662

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

licenses18 for exploration in western China. As shale gas production is in its infancy, there is no regulatory framework in place in China. We should remember that shale is a very-lowpermeability reservoir rock that must be fractured to allow conduits for gas to migrate to the production well bore. This is typically accomplished using multiple horizontal wells drilled from a common well pad, with multiple slickwater hydraulic fracture treatments in each (from as few as 5 to more than 20 fracture treatment stages per well). Because of the very low permeability of shale, minimum well spacing of 40 to 80 acres37 or less is required—much closer than well spacing for conventional gas drilling, which is typically 160 acres or more. China is pursuing joint ventures with foreign companies to help build up know-how in shale gas exploration and extraction, and it appears likely that the Chinese government will continue to promote and support shale gas development.19 The shale gas initiative with the United States from 2009 led to multiple U.S.China industry partnerships. Chevron, Shell, BP, EOG Resources, Newfield Exploration, ConocoPhillips, Schlumberger, and Baker Hughes and other foreign firms: a) Royal Dutch Shell has taken the lead among major IOCs, signing China's first shale gas PSC for the Fushun-Yongchuan block in the Sichuan basin. It is planning to spend US$ 1 billion per year to develop shale gas resources in the country; b) other prominent IOCs involved in China include ExxonMobil, Chevron, ConocoPhillips and Eni. ConocoPhillips and Eni have entered into JSAs with PetroChina and its parent company CNPC as part of overseas farm-in deals. These can be converted into PSCs if commercial discoveries are made during exploration. As shale gas has been identified by the Chinese authorities as a new type of mineral 18 Licences authorise a certain entity with the exclusive right of exploration and/or exploitation of hydrocarbons in a specific geographical area for a defined time. 19 China Begins to Tap Its Shale Gas, Despite Daunting Technological, Environmental Hurdles, New York Times, October 14, 2011.

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resource, it is subject to a separate legal regime from conventional oil and gas. To date, a clear regulatory framework and detailed regulations for shale gas are lacking. However, Chinese authorities have started to build on the existing regulatory system by issuing some regulations and policy statements in relation to shale resources. China’s shale gas sector is regulated mainly by four major governmental authorities, namely, the MLR, the NDRC, the National Energy Administration (NEA) and the Ministry of Finance (MOF). MLR is responsible for the general administration of mineral issues, from organising the researching and planning of potential shale gas production blocks to the registration and issuance of exploration and prospecting licences. NDRC is involved in designing the pricing system for oil and natural gas and is expected to introduce reforms in the pricing mechanism for shale gas in the near future. MOF is responsible for providing fiscal support to the shale gas players in the prospecting phase. The current legal framework is based on the Notice Regarding the Strengthening of Shale Gas Exploration, Prospecting, Supervision and Administration (the Notice) circulated by MLR following China’s 12th Five-Year Plan for Shale Gas. The Notice serves as a guideline to both private enterprises and local governmental administrative authorities engaged in shale gas activities. In the Notice, MLR emphasised the strategic importance of shale gas as a clean energy source and urges better regulation for the market to ensure its healthy and sound development in the long run. MLR is responsible for the administration and registration of shale gas exploration and prospecting rights. The exploration rights will mainly be conferred by public bidding and licensing. All parties are encouraged to participate in exploration activities as long as they are independent entities with sufficient funding and hold, or partner with the holders of, licences for exploration of oil, gas, or any other kinds of gas minerals. Foreign enterprises with shale gas mining and exploration technology are especially encouraged to create


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joint ventures to invest and actively participate in the industry to promote further growth.20 On 26 October 2012, the Ministry of Land and Resources ("MOLAR") issued a Notice Regarding the Strengthening of Shale Gas Exploration, Prospecting, Supervision and Administration,21 which has been effective for five years and spells out in broad terms the requirements and guidance of MOLAR for establishing and granting shale gas exploration rights and exploitation rights, as well as for the exploration and exploitation activities of the right holders. In particular, the Notice gives existing holders of conventional oil and gas, mining rights three months from the date of its issuance to apply to MOLAR for amendment of their mining rights, to include shale gas deposits located in the blocks covered by such mining rights. It further provides that failure to apply for such amendment may result in MOLAR granting mining rights over such shale gas deposits to new applicants. The Notice also requires an exploration right applicant to provide MOLAR with an undertaking as to its investment amount, work commitments, work progress, relinquishment, liability for breach and similar matters. This requirement applies both to amendments of existing licenses (to add shale gas) and grants of new licensees through bidding rounds. On 30 October 2013, the National Energy Administration ("NEA"), which is part of the

20 Shale gas handbook A quick-reference guide for companies involved in the exploitation of unconventional gas resources, Rose Fulbright – November 2013, p. 50 21 See more at http://www.lehmanlaw.com/resourcecentre/faqs/energy-and-resources-law/energy-and-naturalresources.html

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National Development and Reform Commission (“NDRC”) and regulates the energy sector, issued a Shale Gas Industry Policy (“Policy”). The Policy contains, among other things, general principles on industry regulation and policies on industry technologies, markets, transportation, energy conservation, environmental protection and fiscal support. For example, the Policy encourages diversified investors (including private companies) to invest in shale gas exploration and development and requires market pricing of shale gas "ex-works". The Policy also encourages Chinese companies engaged in shale gas exploration or development to co-operate with "foreign entities with advanced shale gas technologies" in order to bring to China their shale gas exploration and development technologies as well as their production and management expertise. It should be reminded that U.S. President Barack Obama and Chinese General Secretary Hu Jintao recognized the importance of shale gas development to their nations by agreeing to the U.S.-China Shale Gas Resource Initiative in November 2009 which fosters cooperation between these two nations by providing U.S. assistance to assess, develop, and promote investment in China’s shale gas reserves and to help develop operational best practices and effective environmental safeguards in China.22

22

http://www.americanprogress.org/issues/green/report/2011/ 10/21/10407/making-fracking-safe-in-the-east-and-west/

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

Figure 5. comparison of shale gas production in China and the U.S. Source: United States EIA

ASSESSMENT OF SHALE GAS RESOURCES IN THE UNITED STATES Application of fracturing techniques to stimulate oil and natural gas production began to grow in the 1950s, although experimentation dates back to the 19th century. The application of horizontal drilling to oil production began in the early 1980s, by which time the advent of improved downhole drilling motors and the invention of other necessary supporting equipment, materials, and technologies, particularly downhole telemetry equipment (i.e., measurement-while drilling) brought some applications within the realm of commercial viability. The proliferation of drilling activity in the Lower 48 shale formations has increased dry shale gas production in the United States from 0.3 trillion cubic feet in 2000 to 9.6 trillion cubic feet in 2012, or to 40 percent of U.S. dry natural gas production. Dry shale gas reserves increased to 94.4 trillion cubic feet by

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year-end 2010, when they equaled 31 percent of total natural gas reserves.23 In 2000 shale gas provided only 1% of U.S. natural gas production; by 2010 it was over 20% and unconventional gas production grew at a rate of 48% between 2006-2010.24 By 2035 the U. S. will produce 342 billion cubic meters of shale gas or 47% of its total gas production as opposed to 16% in 2009.25

U. S. Energy Information Agency Technically Re coverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States, June 2013 24 NAT O P arl iam ent ary As s embl y, Th e Economic and Strategic Implications of the UNCONVENTIONAL Oil and Gas Revolution, 11 March 2013 25 US natural gas production will increase by an estimated 44% in the next 25 years, and the majority of this will be due to exploitation of shale plays. World Pipelines Volume 14 number 3 2014 23


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Figure 6. US gas supply 1990-2035 (trillion cubic feet / year) Source US Department of Energy, Annual Energy Outlook 2011 – Early Release Overview, US DOE – EIA

Four of the largest gas resources

with fracking here in 1995, and the play took off in 2003. d) 32 tcf (7 percent) in the Fayetteville Shale, which varies in depth from 1,500 feet to 6,500 feet under north central Arkansas. Southwestern Energy pioneered development of this shale in 2003.

include:26 a) 114 trillion cubic feet (25 percent) in the Marcellus Shale, more than a mile beneath portions of Pennsylvania, New York, Ohio and West Virginia. Range Resources began producing the first gas from the Marcellus shale in 2005. b) 75 tcf (17 percent) in the Haynesville Shale, more than two miles below the surface of northwestern Louisiana, southwestern Arkansas and eastern Texas. Chesapeake Energy and Encana were among the first to begin drilling in this play in the mid-2000s. c) 43 tcf (10 percent) in the Barnett Shale, about one and a half miles under north Texas, including the Dallas/Fort Worth area. Mitchell Energy (now Devon Energy) first paired large-scale horizontal drilling

26 The U.S. Energy Information Administration (EIA) released its Annual Energy Outlook 2012 Early Release Overview, which estimated 482 trillion cubic feet (tcf) of unproved technically recoverable onshore shale gas resources in the lower 48 states. In a July 2011 analysis (modified by the 2012 outlook), the EIA focused on discovered shale plays totaling 454 tcf.

ASSESSMENT OF SHALE GAS IN EUROPEAN UNION European countries together account for roughly 10% of the total global shale gas reserves. The petro-physical properties of these deposits, however, differ substantially and each poses unique drilling and collection challenges. It is not yet known how much of these reserves are economically recoverable. Europe has besides another energy sources, estimated shale gas reserves of 639 trillion cubic feet (18.1×1012 m3) compared with America's 862 trillion cubic feet (24.4×1012 m3), but its geology is more complicated and the oil and gas more expensive to extract, with a well likely to cost as much as three-and-a-half times more than one in the United States. .

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

Figure 10 shale gas in European countries - estimates

Different levels of exploration are underway in Austria, Germany, Hungary, Ireland, Poland27, Sweden, the UKand Ukraine. Poland, , France and Ukraine appear to have large potential deposits but France has imposed a moratorium on exploration. Ukraine has an estimated 42 trillion cubic feet (tcf) of technically recoverable shale gas reserves, according to the U.S. Energy Information Administration (EIA), ranking its deposits as the fourth largest in Europe behind Poland (187 tcf), France (180 tcf) and Norway (83 tcf). Very recently ambassadors from Hungary, Poland, Slovakia and the Czech Republic support Boehner’s call for increased LNG exports. A similar letter was expected to be sent to Senate Majority Leader Harry Reid. Those four Central 27 The Polish government has awarded a number of exploration concessions to over 30 companies covering a territory of 35 thousand square miles or a third of the country. Polish officials had initially hoped to begin commercial exploitation by 2014 and to achieve some degree of gas self-sufficiency by 2035

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European nations, known as the Visegrad Group, are urging the United States to boost natural gas exports to Europe as a hedge against the possibility that Russia could cut off its supply of gas to Ukraine. The ambassadors warn that the unrest in Ukraine has brought back Cold War memories and that energy security threatens the region's residents on a daily basis and pointed out that gas-to-gas competition in this part of Europe is a vital aspect of national security and a key U.S. interest in the region But Europe has had a relatively mild winter in 2014( January and February), therefore, gas supplies are at or above normal levels, and even if the U.S. did approve more export licenses, it would take until the end of 2015 for gas to be delivered. In 2010, the EU relied on imports for about 63.5% of its gas consumption. At present contracted gas supply is not enough to meet increasing European demand. New import arrangements are needed for 2015 onwards.


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Figure 13. Sources of gas supplies in EU

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

It is obvious that Russia’s importance in world energy markets is a key factor deterring the EU members states from responding more vigorously to the annexation of Crimea. The annexation of Crimea by Russia has encouraged the Poland and UK as well as the EU and many of its member states, to search for ways to reduce dependence on imports from Russia's OAO Gazprom (OGZD), the main supplier of gas to EU.28 SHALE GAS IN FEDERATION OF RUSSIA According to the U.S. Geological Survey, the West Siberian Basin is the world's largest oil and natural gas repository with oil-equivalent reserves estimated to be 360 billion barrels.29 The basin is responsible for about 70 percent of Russia's oil production and has allowed the country to match and occasionally out-produce Saudi Arabia Until last year, oil companies were able to retain only about $22 out of every $110 of the Urals-grade crude they produced in Russia. The rest went to the state in the form of export duties and mineral extraction taxes. In June 2013, the EIA estimated U.S. technically recoverable shale oil at between 48 and 58 billion barrels. But American shale oil resources rank second on the planet. Russia ranks first with reserves estimated to be 75 billion barrels, nearly half again more than those in the States. All hydrocarbon reserves while in the soil belong to the Russian state. Once extracted, the reserves

28 In March 2014, David Cameron said that energy independence and the production of shale gas should top Europe's political agenda and suggested the shale gas reserves in South-eastern Europe, Poland and the UK could be a means to decrease dependence on Russia. 29 In February 2014 Russian energy giant Gazprom Neft signed an agreement with U.S. oil services firm Schlumberger to explore shale resources in western Siberia. As part of its technology-sharing agreement, Schlumberger is shipping equipment and drilling crews from shale drilling sites in the U.S. to Russia

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generally belong to the licence holders. Russia does not have specific regulations for unconventional hydrocarbons. Their exploration, production and protection is governed by the general rules established by the Subsoil Law of 21 February 1992 ("Subsoil Law") and by the Federal Law on Production Sharing Agreements of 30 December 1995 ("PSA Law"), which are applicable to all hydrocarbons. Exploration licences may be granted for a term of up to five years for onshore fields (or seven years in certain specific regions of Russia) or for up to 10 years for offshore deposits. Exploration licences are generally extendable subject to certain conditions. An extension may be granted for any period required for the completion of the work but, in practice, it is usually granted for an additional five year period. There are no restrictions with respect to the number of extensions Development and production licences may be granted for the term required to complete development of the deposit but, in practice, they are usually granted for a 20 year period. They are generally extendable subject to certain conditions. An extension may be granted for any period required for the completion of the work. There are no restrictions on the number ofextensions. Combined licences (exploration and production) are usually granted for a 25 year period and are also generally extendable subject to certain conditions.30 Figure 7. Adminstrative structure of gas and oil in Russia

30

Shale Gas, an International Guide2014 Baker & McKenzie (1st edition: 23 January 2014,


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Shale developers in Russia face obstacles not only from government red tape but also from the harsh Arctic climate, but the prospects for success at tapping Duma eased rules for shale producers, reasoning that the cost of producing oil is far higher from shale than from conventional wells. A law enacted in July eliminated the mineral taxes on oil produced from Bazhenov and three other major shale fields for the next 15 years, giving a powerful incentive for development.31 Russia’s shale are better than anywhere else in the world outside the U.S. Russia also has an extensive infrastructure of pipelines and oil processing facilities that serve the oil fields in western Siberia that lie on top of the Bazhenov formation and are the main source of Russia’s oil production. We shall not forget that even Russia entered shale exploration market with a joint venture between Shell and Gazprom Neft to drill in Western Siberia. In January 2014, a joint venture between Royal Dutch Shell and the Russian natural gas See more Ulmishek, G.F., 2003. “Petroluem Geology and Resources of the West Siberian Basin, Russia.” U.S. Geological Survey Bulletin 2201-G, U.S. Geological Survey, Reston, Virginia. 31

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giant Gazprom began drilling the first of five horizontal wells into the Bazhenov shale. The $300 million pilot program, which will take two years to complete, will also use multi-stage fracking techniques. In December, Russia’s OAO Rosneft, the world’s largest publicly traded oil company that was at first skeptical about shale development, signed an agreement with Norwegian counterpart Statoil to explore the Domanik shale formation in the Samara region, near Russia’s southwestern border with with Kazakhstan. The companies said the tax breaks provided a green light for the deal. The Bazhenov formation could be the world’s largest deposit of shale oil. For the total Bazhenov shale prospective in the West Siberian Basin, and it is estimated a risked shale oil in place of 1,234 billion barrels, with 74.6 billion barrels as the risked, technically recoverable shale oil resource. The assesmtent of a risked shale gas in place of 1,920 trillion cubic feet with 285 trillion cubic feet as the risked, technically recoverable shale gas resource.32 Another sources gives estimatation of 32

June 2013 report, EIA

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

the amount of shale oil trapped in the Bazhenov formation in western Siberia alone range up to 2 trillion barrels, of which 22 billion to 360 billion

barrels is recoverable today using hydraulic fracturing and horizontal drilling technologies developed by U.S. producers.33

Figure 8. West Siberian Basin, Prospective Areas for Shale Gas and Shale Oil Source: ARI, 2013

Read more: http://www.washingtontimes.com/news/2014/feb/18/siberian -shale-find-fuels-russias-fracking-future/#ixzz32TOMSSyB 33

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It covers 570 million acres, which is the size of Texas and the Gulf of Mexico combined. It could possibly be 80 times as big as the huge Bakken shale in North Dakota, USA. No other geologic formation is considered to have been the source rock for so much oil and natural gas as has the Bazhenov. Today, Russia accounts for about 16 percent of world oil exports, which, in turn, account for nearly one-half the country's income. Bazhenov already has significant oil pipeline infrastructure running across it, due to its proximity to other oilfields. There are a number of companies that have begun exploration in the Bazhenov region of the West Siberian basin, including:

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• Lukoil, Rosneft, Gazprom Neft and ExxonMobil in a joint venture with Rosneft; and • Royal Dutch Shell in a joint venture with Gazprom. In addition, Rosneft and Statoil have recently signed a joint venture agreement to exploit shale oil in the Domanik shale formation in the Samara region. The joint venture will spend three years on a pilot program assessing the potential for commercial production, planning to drill at least six exploration wells in the region before 2021. Russia is a key supplier of natural gas not only for Ukraine34 but also for Poland, which at present cannot get by without energy from Russia without developed production of shale gas.

Figure 9. Shale basins in Poland

Ukraine is heavily dependent on Russian natural gas, and previous disputes between Ukraine and Russia have led to gas supply cuts. Russian state gas company Gazprom has increased the pressure on Ukraine's new government, which now owes $1.89 billion for Russian natural gas, by warning that if Ukraine doesn't pay off its debt, there could be a repeat of 2009, when Russia cut off supplies to Europe because of a pricing dispute with Ukraine.

34

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

In the case the U.S. or Europe will try to respond to recent events by imposing further economic sanctions, one possible response would be a partial embargo by Russia on sales of energy to those countries, including Poland that would be most vulnerable to such a disruption.35 . The White House has argued that Russia's dependence on gas revenues makes it unlikely that the country will cut off supplies to Europe despite the ongoing crisis in the Ukrainian region of Crimea, where the Russian military still conducts military operations disregarding international law. Kremlin-controlled Rosneft Rosneft36 and partners Exxon Mobil and BP prepared a campaign of drilling and fracking across Siberia, determined to find gas to send not to Europe, but to China. In December 2012, Exxon Mobil signed an agreement with the Russian oil company Rosneft

to start a $300 million pilot program, which will last through 2015. Rosneft will be the senior partner with a 51 percent share of the proceeds from commercial production. State-operated Rosneft will gain valuable horizontal drilling expertise, which it will apply to other tight shale oil reservoirs in Siberia as well as off-shore in its Arctic territorial waters. Rosneft has also reached an agreement with Statoil, Norway's national oil company, to pursue ventures similar to that with Exxon Mobil. In addition Rosneft and Exxon Mobil in 2013 have announced plans to begin drilling the Bazhenov Shale, after completion of their geologic study. Gazprom Neft and Shell, as part of their West Siberia JV, proposed to start drilling the Bazhenov Shale in early 2014 near the Salym oil field, which has a history of Bazhenov Shale oil production. Lukoil has announced plans to test the Bazhenov reservoir in two area of West Siberia.37

Figure 10. Potential shale gas deposits in Russia Source: Gazprom Recently as of April 10th 2014 President Vladimir Putin sent to 18 European leaders, as provided in English by the Kremlin warning that Russia could cut natural gas supplies to Ukraine if the country fails to pay its gas bills on time and warned there could be a reduction in onward deliveries to Europe. It was sent to the leaders of Germany, France, Italy, Austria, Hungary, the Czech Republic, Poland, Slovakia, Slovenia, Croatia, Serbia, Bosnia, Bulgaria, Romania, Macedonia, Greece, Turkey and Moldova 36 Rosneft Oil Company, 2011. Annual Report. 35

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See more at http://www.lukoil.com/


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Needless to mention is the seizure by Russia of Crimea, which includes a takeover Ukraine's offshore gasfields38. The March 2014 seizure of Crimea extended Russian’s maritime boundaries in the Black Sea to include offshore oil and gas resources. The dispute over the boundary between Russia and Ukraine through the Kerch Strait and Sea of Azov remains unresolved despite a December 2003 framework agreement and ongoing expert-level discussions; Moldova and Ukraine operate joint customs posts to monitor transit of people and commodities through Moldova's break-away Transnistria Region, which remains under the auspices of an Organization for Security and Cooperation in Europe-mandated peacekeeping mission comprised of Moldovan, Transnistrian, Russian, and Ukrainian troops.39

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ASSESSMENT OF SHALE GAS POTENTIAL IN UKRAINE The most promising are two large shale gas deposits, one (the Lubin basin) in the Ukrainian speaking west, which extends from Western Ukraine into Poland, and another (the DniperDonets basin) in the Russian speaking east. The eastern one has nearly 76 trillion cubic feet (Tcf) of potentially recoverable gas, the western basin shared by Moldova and Poland another 72.5 (Tcf).40 These deposits are therefore sizeable and close to existing pipelines making both production for domestic consumption and export possible. If Ukraine could attract investment to develop these fields then it could measurably improve its energy and economic independence from Russia.41

Figure 11. Assessment of fossil fuel in Ukraine 38 Guidelines set forth by the 1982 Law of the Sea Treaty. The agreement lets coastal states claim what are known as exclusive economic zones that can extend up to 230 statute miles from their shores. Inside these zones, states can explore, exploit and manage deep natural resources, living and nonliving. 39 Nations divide up the world’s potentially lucrative waters according to guidelines set by the 1982 Law of the Sea Treaty. The agreement lets coastal states claim what are known as exclusive economic zones that can extend up to 200 nautical miles (or 230 statute miles) from their shores. Inside these zones, states can explore, exploit, conserve and manage deep natural resources, living and nonliving. https://www.cia.gov/library/publications/the-worldfactbook/fields/print_2070.html

See more at http://openeuropeblog.blogspot.com/2014/03/couldukrainian-shale-gas-break.html 41 Russia’s state-owned Gazprom, controlling nearly onefifth of the world’s gas reserves, supplies more than half of Ukraine’s gas annually, and about 30 percent of Europe’s. It has often used this as political and economic leverage over Kiev and Brussels, cutting gas supplies repeatedly over the past decade (in the winters of 2005-2006, 2007-2008, and again in 2008-2009), leading to energy shortages not only in Ukraine, but Western European countries as well. 40

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

Shale gas is not yet commercially produced in Ukraine, although drilling has commenced in one of the earliest operations, led by Polish company Kulczyk Oil Ventures in a license area it acquired in June 2010. Ukraine's government has signed two deals for shale exploration: • one with Royal Dutch Shell in January 2013; and • one with Chevron in November 2013. An oil and gas development must comply with the Law on Oil and Gas. Pursuant to that law, an entity interested in developing a resource must first go through a tender process to receive a special permit to develop the resource. The holder of the successful tender would have to negotiate a lease that would define additional conditions for the development. The local government would also have to approve the exact siting of the wells and associated facilities. The proposed oil and gas operation would go through an environmental analysis process and have to comply with all relevant environmental laws (including laws on air protection, water protection, waste management, species protections, and natural lands). The complexity of these procedures and the need to navigate many different layers and organs of government created a situation whereby approvals had become extremely difficult to obtain, discouraging the inflow of investment and technology in the oil and gas sector. In an attempt to streamline some of this complexity the Parliament of Ukraine passed a Law on Production Sharing Agreements. This law explicitly provides for exemption from ordinary environmental and natural resources laws, reduces the role of local governmental units, centralizes signing authority in one ministry and provides for internal specification of tax, arbitration and other provisions; circumventing some of the

more tortuous elements of the older Oil and Gas Law. 42 Changes were introduced in November 2013 to the legislation regarding the distribution of revenues received by Ukraine under PSAs, which require that 10% of Ukraine's profit be split Under Ukrainian legislation, a special permit holder must obtain a certificate, which authorises the special permit holder to use a defined subsurface area. Such certificate is called "a mining allotment act". The mining allotment act is issued following the grant of the special permit and due approval of the extraction project. A special permit holder is not authorised to transfer the rights granted by the mining allotment act (in full or in part) to a third party. Unlike most European countries, there has been limited public opposition to shale gas projects (at least according to the local media). This means that one of the biggest obstacles to shale gas development is noticeably absent in the country. However, there remains significant uncertainty as to how subsoil licenses will be awarded for shale gas. At present, there is no specific legislative framework for shale gas exploration and production in the Ukraine, which instead falls within the scope of laws for conventional hydrocarbons, principally the Oil and Gas Act. To sidestep legal uncertainties in relation to shale gas E&P, the government has proposed the use of production sharing agreements (PSAs), which have historically been used alongside licenses. Even so, shale gas reserves are part of the government’s future development plans. On May 20 2011, the president of Ukraine enacted a law amending the National Programme for the Development of Minerals to, among other changes, include shale gas reserves.2 On November 27,2013 the Ukrainian government signed another production-sharing agreement with a consortium of investors led by Italian energy company Eni to develop unconventional hydrocarbons in the Black Sea.

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UKRAINE SHALE GAS: VOLUME I: ENVIRONMENTAL AND REGULATORY ASSESSMENT, USAID 2012

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Figure 12. Shale gas in Eastern Europe

At the time of Yanukovych’s ouster in February 2014, Chevron and the Ukrainian government had been negotiating an operating agreement for the shale development effort in western Ukraine, and the negotiations went forward despite Yanukovych fleeing the country. Royal Dutch Shell is also engaged in the country, having signed an agreement last in 2013 with the government of Yanukovych to explore a shale formation in eastern Ukraine, hopefully the agreement will be confirmed by the new president Prokoszenko, elected on may 25 th 2014. In disputed between Ukraine and Russia territory of Crimea, numerous oil companies including Chevron, Shell, ExxonMobil, Repsol and even Petrochina have shown interest in developing its offshore energy assets. Because

Crimea’s onshore and offshore fields have great extraction potantials, these companies have greatly expanded their exploration of the Black Sea off the Crimean peninsula.43 It is clear that all of these oil and gas companies – backed by their governments, including those of the Russian Federation and the United States – are deeply embroiled in the Ukrainian crisis, with much invested and much at stake. But with their disproportionate influence over Ukraine’s future, it should be kept in mind that the number one responsibility of any corporation is to increase One of Vladimir Putin’s motivations for annexing Crimea was to ensure that state company Gazprom will control Crimean offshore energy assets as well as to ensure the continued use of Crimea as host to Russia’s Black Sea Fleet.

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND

profit margins for its shareholders, not necessarily to promote the democracy or sovereignty of the countries they are operating in. This is particularly the case for Chevron and Shell, both of which have been implicated in major human rights violations in Nigeria. Chevron has been accused of recruiting and supplying Nigerian military forces involved in massacres of environmental protesters in the oil-rich Niger Delta, and Shell has faced charges of complicity in torture and other human rights abuses against the Ogoni people of southern Nigeria. With this in mind, the Ukrainian people – whether in the east of the country or the west – might want to rethink what is meant by “energy independence,” and whether the future they seek can truly be met by placing their hopes in the benevolence of foreign oil and gas companies. Recent events in Crimea have prompted thoughts of revisiting U.S. policy on exports of natural gas to Europe e.g. Speaker of the House John Boehner called in March 2014 for faster Energy

Figure 13 LNG terminals in Europe

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Department approval of facilities to export liquefied natural gas (LNG) and Senator Lisa Murkowski (R-AK) called for lifting the ban on U.S. crude oil exports. Both senators have been urging the Obama administration to clear the way for more exports amid a natural gas boom in the U.S. The Energy Department has only approved six export licenses in recent years out of about two dozen pending. LIQUEFIED NATURAL GAS LNG Shale-derived natural gas can be exported from the States to Europe by means of LNG tanker and this is may attract high levels of investment. Gas is typically shipped via pipeline, but is impractical for reaching markets in Europe. LNG terminals super-chill gas to its liquid form and load it under extreme pressure into specially designed tankers for shipment overseas. Once at its destination, LNG must be re-gasified before it can be fed into pipelines for local distribution.


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In December 2013 the U.S. Department of Energy (hereinafter called as DEO) approved EOS LNG LLC’s and Barca LNG LLC’s applications to export LNG from a proposed floating liquefaction unit and storage tanker at the Port of Brownsville, Texas to nations with a Free Trade Agreement (FTA) with the US.44 EPA is also seeking lifecycle environmental reviews of the currently pending LNG export proposals. In response to proposals for LNG export terminals in Maryland and Oregon, EPA Regions III and X, respectively, have sent letters to Federal Energy Regulatory Commission (“FERC”) urging review of the potential cumulative impacts of implementation of all of the pending export proposals, as well as “the extent to which implementation of the proposed project, combined with implementation of other similar facilities nationally, could increase the demand for domestic natural gas extraction.” EPA does not have authority to require FERC to consider certain impacts as part of its NEPA process—these letters merely represent the Agency’s view on the appropriate scope of an EIS for the proposed terminals. EPA’s request for an expanded environmental review of these projects mirrors previous comments submitted by the Sierra Club in connection with the NEPA process for the Sabine Pass LNG export terminal in Louisiana. Annual European LNG re-gasification capacity exceeds 185 bcm annually, and further 24 bcm per year is under construction, with a further 244 bcm/year proposed. This far exceeds LNG imports of just a few years back, at nearly 70 bcm of imports in 2009.16 This does not just mark new competition for Gazprom in volume terms. LNG availability, both in receiving terminals and in available cargos is essentially a form of storage, which gives it a competitive advantage over Russian gas. However, Europe meeting its energy demands via LNG is very much dependent on trade routes, as it competes with Asia for LNG imports. Although re-exports offer the US an opportunity to turn a profit by sending surplus LNG to higher-paying markets in Asia or South America, shipping constraints have made Europe the next best alternative. Additionally, Qatar is 44

http://www.lnglawblog.com/2013/12/page/6/

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already shipping 12 million tons of LNG to the UK, 6 million tons to Italy, 3.2 million tons to France, and 4.8 million tons to Spain, as well as other European countries.1745The LNG share of international trade of total gas mix was 10% in 2010, and is expected to grow to 15% by 2025. LNG exports are also supposed to more than double from about 30 billion cubic feet per day in 2010 to over 70 billion cubic feet per day in 2030.22 This may even be an underestimate given technological advances such as Shell’s floating LNG – the world’s largest floating offshore facility for gas extraction and LNG processing. Essentially the FLNG will allow offshore gas fields to become accessible, and will include both gas extraction, and on board liquefaction, which will shrink the gas by 600x, allowing it to be shipped globally. The first facility is currently being built in South Korea, and will be deployed first 200 km off shore in Australian waters. It appears this technology is not exclusive to Shell, and other companies are also developing similar floating vessels.2346

.

REFERENCES: 1. 2.

3.

4.

5.

http://www.chevron.com/deliveringenergy/naturalgas /shalegas/howweoperate/ http://www.euractiv.com/specialreport-industrialrenaiss/Europe-abandons-shale-gas-revolutionnews-533546 Technically Recoverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States". Analysis and projections. United States Energy Information Administration. 13 June 2013. (US) Energy Information Administration (EIA) (2013a), “Europe’s Energy Security: Options and Challenges to Natural Gas Supplies Diversification”, Washington, D.C. 1 EIA, Technically Recoverable Shale Oil and Shale Gas Resources: An Assessment of 137 Shale Formations in 41 Countries Outside the United States, June 2013, p. 10,

45

‘LNG export destinations are being diversified, says QNB’, Arab News, 03/25/2013, www.arabnews 46 23 Information from official Shell presentation, Harvard Kennedy School, 03/08/2013

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Krzysztof Jerzy Gruszczyński, SHORT INTRODUCTION TO SHALE GAS EXTRACTION AND PRODUCTION IN POLAND 6. 7. 8. 9. 10.

11.

12.

13.

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http://thinkprogress.org/climate/2011/10/24/350356/ china-shale-gas/ http://thinkprogress.org/climate/2011/10/24/350356/ china-shale-gas/ http://www.ft.com/cms/s/0/d9a8b800-e09a-11e39534-00144feabdc0.html#axzz32oZAXNt8 http://online.wsj.com/news/articles/SB10001424127 887323401904578156710038647662 China Begins to Tap Its Shale Gas, Despite Daunting Technological, Environmental Hurdles, New York Times, October 14, 2011. 1 Shale gas handbook A quick-reference guide for companies involved in the exploitation of unconventional gas resources, Rose Fulbright – November 2013, p. 50 http://www.lehmanlaw.com/resourcecentre/faqs/energy-and-resources-law/energy-andnatural-resources.html http://www.americanprogress.org/issues/green/repor t/2011/10/21/10407/making-fracking-safe-in-theeast-and-west/

14. World Pipelines Volume 14 number 3 2014 15. Shale Gas, an International Guide2014 Baker & McKenzie (1st edition: 23 January 2014, 16. Ulmishek, G.F., 2003. “Petroluem Geology and Resources of the West Siberian Basin, Russia.” U.S. Geological Survey Bulletin 2201-G, U.S. Geological Survey, Reston, Virginia. 17. June 2013 report, EIA 18. http://www.washingtontimes.com/news/2014/feb/18/ siberian-shale-find-fuels-russias-frackingfuture/#ixzz32TOMSSyB 19. Rosneft Oil Company, 2011. Annual Report. 20. http://www.lukoil.com/ 21. https://www.cia.gov/library/publications/the-worldfactbook/fields/print_2070.html 22. http://openeuropeblog.blogspot.com/2014/03/couldukrainian-shale-gas-break.html 23. http://www.lnglawblog.com/2013/12/page/6/


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INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (69-75)

THE PROBLEM OF PROPER SUPERVISION OF SUPERIORS OVER REMUNERATING PERSONAL SOURCES OF INFORMATION Piotr Herbowski, Ph.D. University of Social Sciences & Humanities, Faculty in Poznań, POLAND ICLE INFO ABSTRACT The problem of proper supervision of financial rewarding of personal sources of information from the operational fund has not previously been the subject of scientific consideration. Its existence was signaled though in scientific studies and reports from the audits carried out in the Ministry of Internal Affairs. Incorrectness connected with this matter has been revealed for years not only in the Police units at all levels, but also in the secret services. This article deals with the symptoms and the causes of incorrectness, the mechanisms of possible criminal practices related to them. It was pointed out that it is necessary to take a more decisive corrective action, and that it is needed to move away from looking at working with personal sources of information solely on the basis of statistics. ARTICLE INFO Article history Received: 05.11.2014 Accepted 22.12.2014 Keywords Personal sources of information, informant, operational and reconnaissance proceedings, operational fund

INTRODUCTION For many years a wide discussion has been developing in Poland the aim of which is the study of the area of operational-inquiry activities1. They often evoke doubts whether they are carried out in a legally governed way by authorised state services2. The issue that is rarely the subject of considerations is the cooperation with personal sources of information, namely individuals who Compare in A. Bulsiewicz, Problematyka osoby zaufanej na tle obowiązującego ustawodawstwa oraz projektowanych zmian w Polsce, [in:] Prawo karne i proces karny wobec nowych form i technik przestępczości, H.J. Hirsch, P. Hofmański, E. Pływaczewski, C. Roxin, (ed.), Temida 2, Białystok 1997, p. 457. 2 A. Taracha, Działania operacyjno-rozpoznawcze prowadzone w ramach uprawnień jako kontratyp – wybrane zagadnienia [in:] Współzależność prawa karnego materialnego i procesowego: w świetle kodyfikacji karnych z 1997 r. i propozycji ich zmian, Z. Ćwiąkalski, G. Artymiak (ed.), Wolters Kluwer, Warszawa 2009, p. 459. 1

impart confidential information to state services (informers)3. This is caused by making most of implementing acts secret, acts connected with this one method of operational work4. Then, it is

See among others A. Bulsiewicz, Rola osoby zaufanej w czynnościach operacyjno-rozpoznawczych i procesie karnym, Przegląd Policyjny 1992, no. 2-3; R. Netczuk, Tajny współpracownik policji na tle prawnoporównawczym, Wydawnictwo Uniwersytetu Śląskiego, Katowice 2006; R. Netczuk, Tajny agent policji w świetle nowego kodeksu postępowania karnego oraz ustawy o Policji, Problemy Prawa Karnego 2001, no 24; R. Netczuk, Tajny współpracownik i tajny agent w projektach ustaw o czynnościach o czynnościach operacyjno-rozpoznawczych: uwagi de lege ferenda, Wojskowy Przegląd Prawniczy 2010, no. 3. 4 T. Hanausek, Kryminalistyka w Polsce przełomu wieków, Problemy Kryminalistyki 2001, no 232, p. 6; M. Kolejwa, Poufne osobowe źródła informacji w badaniach kryminalistycznych [in:] Poufne osobowe źródła informacji w rozpoznaniu, inwigilacji i wykrywaniu sprawców przestępstw kryminalnych, Materiały z konferencji naukowej Warszawa 3

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Piotr Herbowski THE PROBLEM OF PROPER SUPERVISION OF SUPERIORS OVER REMUNERATING…

necessary to carry out analysis limited not only to easily accessible aspects of this issue. It is particularly necessary to concentrate on things that are intentionally concealed form public opinion as they may lead to the weakening of credibility of state institutions that safeguard public order and safety. The aim of this research is creating a fuller image of reality and, consequently, presenting practical recommendations for necessary recovery actions5. In case of cooperation with personal sources of information one of the issues that has not been a subject of analysis6, is the problem of proper supervision of superiors over remuneration paid to informers7. OPERATIONAL FUND All services possessing authorisation to carry put operational-inquiry activities have operational funds at their disposal. The resources they include serve, among others, the covering of expenses connected with remunerating individuals who give help to a particular service. Principles of using resources from such funds as well as their amounts are secret. Paid amounts as well as other forms of gratification8 are varied, depending on the importance of imparted information. In case of the Police who these considerations will be mainly devoted to, these resources are disbursed on the ground of art. 22, clause 2a of the act on the Police9 and principles under which this fund is created and managed are defined according to art. 22, clause 3 of the afore mentioned act by an instruction of a proper minister for internal affairs10. 26-27 września 1983 r., M. Kolejwa (ed.), Wyd. ASW, Warszawa 1984, p. 34. 5 See Deklaracja Rady Programowej Zakulisowych Studiów Społecznych - S. Cenckiewicz, Długie ramię Moskwy. Wywiad wojskowy Polski Ludowej 1943-1991 (wprowadzenie do syntezy), Zysk i S-ka, Poznań 2011, p. 2. 6 Compare in K. Horosiewicz, Nadzór przełożonych nad współpracą policjantów z osobowymi źródłami informacji, Przegląd Policyjny 2013, no 3. 7 Compare in Z. Rau, Problematyka prowadzenia pracy operacyjnej Policji a bezpieczeństwo prawne policjanta i prokuratora, Prokurator 2007, no 1, p. 18-20. 8 E. Gruza, M. Goc, J. Moszczyński, Kryminalistyka – czyli rzecz o metodach śledczych, WAiP, Warszawa 2008, p. 67. 9 Dz. U. 1990 Nr 30 poz. 179 z późn. zm. 10 Zarządzenie nr pf-1/05 MSWiA z dnia 10.01.2005 r. w sprawie zasad tworzenia i gospodarowania funduszem

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OPERATIONAL WORK REALITIES Official documents, e.g. answers to the questions of members of parliament11 do not allow to notice a very important part of reality connected with operational fund. On the other hand its manifestation may be the statement of former deputy Prosecutor General K. Olejnik, according to whose opinion: “If a police officer wants to steal money from operational fund, practically there is no way to prevent him from doing this”12. It is a serious message that may indicate the existence of certain improprieties. Equally disturbing are also reports of the media in which it is signalled that financial resources from operational fund, in a certain part, find their way into the pockets of the policemen and it is supposed to happen in a great many instances13. Yet they cannot be the measure of the proper use of these resources. Nevertheless, one may not remain completely indifferent to them as the role of the media is, among others, to inform about occurring pathologies which, due to various reasons, are not analysed by competent state organs. The existence of the problem of proper supervision over remunerating personal sources of information is also pointed to in scientific studies14. For example, in the results of empirical research carried out among operational officers of the Police it is indicated that one of the basic operacyjnym Policji, unpublished; and Wytyczne nr 2 pf KGP z dnia 13.10.2008 r. w sprawie stosowania przepisów dotyczących gospodarowania funduszem operacyjnym Policji w zakresie kwalifikowania i dokumentowania niektórych wydatków operacyjnych, unpublished. 11 See zapytanie nr 4337 do ministra spraw wewnętrznych w sprawie opłacania tajnych współpracowników Policji; http://www.sejm.gov.pl/sejm7.nsf/InterpelacjaTresc.xsp?key =27432B86&view=null; access 24.02.2014; and Odpowiedź podsekretarza stanu w Ministerstwie Spraw Wewnętrznych – z upoważnienia ministra - na zapytanie nr 4337 w sprawie opłacania tajnych współpracowników Policji. http://www.sejm.gov.pl/sejm7.nsf/InterpelacjaTresc.xsp?key =2093BC77; access 24.02.2014. 12 http://www.wprost.pl/ar/57328/Skok-na-zero/; access 17.03.2014. 13http://polska.newsweek.pl/jak-zarobic-naagenturze,23175,1,1.html; access 5.02.2014. 14 See P. Skubisz, Fałszerstwa dokumentacji operacyjnej popełnione przez funkcjonariuszy Urzędu Bezpieczeństwa i Służby Bezpieczeństwa [in:] Osobowe środki pracy operacyjnej – zagadnienia źródłoznawcze, F. Musiał (ed.), IPN, Kraków 2013 and R. Szczypta-Szczęch, Zwolniony dla dobra służby. Studium przypadku Jana Nowaka [in:] Osobowe środki…


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problems in conducting operational work is the mutual lack of trust of policemen making use of operational fund and their superiors15. Unfortunately, it was not clearly explained what is exactly concealed under this statement. Yet, potential sources of this distrust are visible, for example, in reports of supervision activities carried out in the resort of internal affairs and administration in the years 2006, 2008, 2009, 2010 and 201216. Many improprieties within the managing of operational fund were indicated in them. It is worth to emphasise the fact that they were revealed in Police units of all levels including Central Bureau of Investigation of the General Police Headquarters.

9.

10.

11. SYMPTOMS OF IMPROPRIETIES Hereunder there have been presented only the most important of these improprieties which are connected with the remunerating of personal sources of information by policemen: 1. lack of documentation of the meetings with PSI (personal sources of information), during which these sources were paid, 2. documenting of the fact of giving money inconsistent with regulations, 3. dishonest documenting of the meeting with an informer, 4. lack of documentation concerning the giving over of remuneration for a PSI in the presence of another policeman, 5. large percentage of cases of not collecting receipts from PSIs for received remuneration and settling of accounts concerning payments with the policemen’s reports, 6. building of a structure of spending the fund based on gratifying informing individuals (anonymous) first of all, 7. lack of documents proving the way of the use of information or activities undertaken in connection with the use of information, 8. irrational and groundless spending of operational fund resources by paying gratifica15 Z. Rau, Czynności operacyjno-rozpoznawcze w polskim systemie prawa – działania w kierunku uniwersalnej ustawy [in:] Praktyczne elementy zwalczania przestępczości zorganizowanej i terroryzmu. Nowoczesne technologie i praca operacyjna, L. Paprzycki, Z. Rau (ed.), Wolters Kluwer, Warszawa 2009, p. 722. 16 All the reports can be found on website: bip.msw.gov.pl – on website bookmark Kontrole.

12.

13.

12

tions to PSIs in cases when imparted information had not been confirmed or had not brought about a lawsuit or operational effects, keeping documentation in such a way that it makes it impossible to define in which case the information acquired on the way of operational work with a PSI was used and what effect it brought about, gratifying PSIs for information about wanted people confirming their stay in the place of permanent residence and for information of a large degree of generality reflecting knowledge generally known, showing payments of financial resources to co-workers in situation when actually other people received the money. cases of confirming by co-workers of having received gratification with the use of “machine” receipts, double gratifying of the same person for the same imparted information17.

SCOPE OF IMPROPRIETIES Yet it is difficult to assess particular improprieties as in most reports there is lack of such statements. Only in the one of 2012 it was shown that e.g. 94,7% of expenses assigned for the purchase of property components and for operational activities were not documented with accounting receipts required by internal regulations. Yet the small number of inspected units that were the basis for such assessment does not allow too fargoing generalisations. The scope of possible abuse in the Police connected with remunerating personal sources of information neither can be specified on the ground of available statistical data18 as there does not exist separate category of deeds connected with the area of operational- inquiry activities. If they are revealed, they can be demonstrated as crimes connected with the lack of performance of official 17 The above mentioned list of incorrectness was based on the reports from a control in the Ministry of Internal Affairs and Administration in 2006, 2008, 2009, 2010, 2012. 18 See M. Działoszyński, J. Wójcik, Zapobieganie i zwalczanie przestępczości w Policji na przykładzie działalności Biura Spraw Wewnętrznych Komendy Głównej Policji [in:] Praktyczne elementy…, p. 305-314.

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Piotr Herbowski THE PROBLEM OF PROPER SUPERVISION OF SUPERIORS OVER REMUNERATING…

duties or directed against the credibility of documents. CAUSES OF IMPROPRIETIES Ministerial inspectors perceive the causes of the occurrence of the above mentioned improprieties and offences, among others, in wrong interpretation, weak knowledge or even lack of knowledge of rules that regulate the management of operational fund of the Police by people responsible for proper official supervision over the overall operational work. Additionally the lack of supervision of middle level superiors of criminal department over abiding the rules regulating operational work was also noticed. NEGLECTING POST-INSPECTION CONCLUSIONS On the other hand, surprising are the postinspection conclusions contained in discussed reports in which it has been revealed that demonstrated serious improprieties do not constitute basis for directing applications for criminal prosecution or commencement of disciplinary procedure. Strengthening of supervision, starting remedy and organisational-disciplinary actions and conducting deepened inspections were recommended. It may prove that detected mechanisms are treated with disregard or the lack of knowledge of studied problems. Taking into consideration the repeatability of the same improprieties in subsequent reports it is necessary to state that even those nonsufficient recommendations are often treated with disregard. Only in the case of the inspection in the Department of Operational Technique of the Capital Police Headquarters in Warsaw, which was carried out only after the prosecutor’s office started inquiry concerning improprieties in the managing of operational fund19, post-inspection conclusions differ from those presented earlier.

19 See http://tvp.info/informacje/polska/oskarzony-ozagarniecie-50-tys-zl-z-funduszu-operacyjnego/11413831; access 5.02.2014 and http://www.gazetafinansowa.pl/index. php/warszawskagazeta/4539-fundusz-cile-tajny; access 24. 02. 2014.

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IMPROPRIETIES IN SPECIAL SERVICES Of course, it would be unfair towards the Police to state that only there this type of improprieties takes place. They also occur in other services, including special services as well. Yet, they are not disclosed in official post-inspection reports. The example are two investigations concerning the contravening of entitlements in order to achieve financial benefits by Intelligence Agency officials. In one of them, marked with the clause of secrecy and ended with the bringing of indictment to the law court, within the period of 9 years about 1,5 million PLN was siphoned-off from the operational fund20. In the other investigation only one of many payments not accounted for amounted to 50 thousand PLN21. Then it is well grounded to ask about the supervision of superiors over spending public money in the most elite one of Polish special services. It is the more essential that these dealings could have lasted for many years22. In the opinion of former Chief of Intelligence Agency, general Z. Nowak, it denotes the downfall of internal system of supervision23. CONSEQUENCES OF DISCLOSED IMPROPRIETIES Many cases in the Police in which there exist wellgrounded suspicions of a crime having been committed, due to badly understood good of the service, do not find their epilogue in the courtroom. Most often the consequences are not drawn or they are not too painful – earlier retirement or transfer to another official position, particularly when it relates to people deciding about spending resources from the fund24. http://konflikty.wp.pl/kat,1020231,title,Dwochoskarzonych-o-przywlaszczenie-15-mln-zl-z-funduszuAgencji-Wywiadu,wid,16362482,wiadomosc.html; access 5.02.2014. 21 http://www.rp.pl/artykul/601122.html; access 5.02.2014. 22http://wyborcza.pl/duzyformat/1,136811,15646815,W_pols kim_wywiadzie_kase_defraudowano_od_lat__Gdy.html#TR relSST; and http://wyborcza.pl/1,75478,15659418,Dlaczego_ginie_kasa_ w_Agencji_Wywiadu.html; access 6.04.2014. 23 http://wpolityce.pl/wydarzenia/33725-kolejna-aferafundusz-operacyjny-agencji-wywiadu-zostal-wyczyszczonymogly-zniknac-nawet-dwa-miliony-zlotych; access 24. 02. 2014. 24 http://polska.newsweek.pl/jak-zarobic-na-agenturze,2317 5,1,1 .html; access 5.02.2014. 20


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In ministerial reports it is many times indicated that there is lack of knowledge of principles regulating the spending of resources from operational fund or even acting against these principles by people who manage them – there, then, arises the question concerning their competence. As non-sufficient in relation to the needs it is necessary to assess both the number of training courses in the field of supervision over operational work and the time devoted during those training courses to issues concerning the supervision of spending resources from operational fund25. POSSIBLE WAYS OF SIPHONING-OFF OF RESOURCES FROM OPERATIONAL FUND Yet, the results of the above mentioned inspection, despite being often ignored, show where to look for possible manifestations of crime connected with operational fund. Mechanisms of such practices are easy to detect by people acquainted with these problems. This relates to, say, paying anonymous informers, first of all. This category of sources is not recorded26 so, checking whether delivered receipt for received remuneration was signed by the person who had provided information is practically impossible. Analysing ministerial reports it is possible to indicate possible ways that serve the siphoning-off of resources from operational fund. • accounting for the remuneration paid based on the official’s report without receipt. The lack of it is explained by the fear of the personal source of information (informer) of his/her unmasking. It is then impossible to determine who the money went to. This solution is considered admissible in exceptional situations and, thereby, it should be of incidental and not frequent character, • counterfeiting by an officer of the receipt of having received resources from the fund “onto the account” by an existing 25 See Decyzja nr 35 KGP z dnia 23 stycznia 2008 r. w sprawie programu kursu specjalistycznego dla policjantów służby kryminalnej w zakresie sprawowania nadzoru nad prowadzeniem pracy operacyjnej (Dz. Urz. KGP 2008.3). 26 More details on the subject of personal sources of information in E. Gruza, M. Goc, J. Moszczyński, Kryminalistyka – czyli…, p. 66-67; and R. Netczuk, Tajny współpracownik policji…, p. 111-113.

12

source of information for information actually not provided or acquired by the policeman in the course of investigation or his own operational findings, creating by a policeman documentation of a fictitious personal source of information27 and submitting falsified receipts of remuneration from the fund.

POSSIBILITIES OF USING THE STUDY OF HANDWRITING The above mentioned ways are possible to apply as receipts for remuneration by personal sources of information presented by an official to the holder of the fund are superficially compared to other receipts signed by the same source. Above that, such receipts may be signed with initials or an alias written with block capitals. Identifying their author could constitute a great challenge for an experts of the study of handwriting and in many cases it could be burdened with a considerable risk of mistake. One is to look for sources of difficulty connected with the possible giving of opinion in the shortage of proper quality of comparative material required to give proper opinion28. Presently one does not practically receive from a personal source of information any materials in writing in the form of a CV, list of family members and acquaintances or, above all, denunciations written with his/her own hand29. Obligation to cooperate has taken the form of a form signed by the source. It neither seems possible to obtain, without commencing a lawsuit, proper comparative material from the policeman, both influential and non-influential. It is also difficult to imagine, in case the holder of the fund has any doubts as to the authenticity of the signature on the receipt, that he/she would ask for help of a handwriting expert e.g. from the police crimiThis topic will be presented more widely in a separate study. 28 See T. Tomaszewski, Materiał porównawczy – kluczowy problem w ekspertyzie podpisów, Człowiek i Dokumenty 2012, no. 27, p. 55-64; and T. Widła, Badania dokumentów [in:] Kryminalistyka, J. Widacki, (ed.), C.H. Beck, Warszawa 2008, p. 228-229. 29 Compare in F. Musiał, Podręcznik bezpieki. Teoria pracy operacyjnej Służby Bezpieczeństwa w świetle wydawnictw resortowych Ministerstwa Spraw Wewnętrznych PRL (19701989), IPN, Kraków 2007, p. 114. 27

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Piotr Herbowski THE PROBLEM OF PROPER SUPERVISION OF SUPERIORS OVER REMUNERATING…

nal laboratory or operational consultant30. It would be partly in conflict with the major principle of protection of the source of information. Yet, as part of an inspection meeting it is possible to collect comparative material from an informer in the presence of a supervising superior. Undoubtedly, it could negatively influence further carrier of such a superior who would have to apply, under art. 34 clause 5 point 1 of the Act on protection of secret information31, to the General Police Commander for giving his one-time consent to make specific secret information available to a person who does not have appropriate certification of safety. It should not be forgotten that holders of operational fund do not possess any specialist knowledge concerning the study of handwriting. Additionally, when other receipts were also signed by a policeman cooperating with a personal source of information, even an expert examining them has a limited possibility to ascertain such a fact. In particular it relates to situations when a personal source of information (informer) is fictitious and all available documentation was created solely by a functionary. For that reason there is a well grounded conclusion that usefulness of handwriting studies is unfortunately minor in cases when the above described improprieties occur. THE ROLE OF INTERNAL AFFAIRS BUREAU OF GENERAL POLICE HEADQUARTERS Too weak activity of the officials of Internal Affairs Bureau of General Police Headquarters is visible regarding these dealings. They commence operations only when they get hold of information coming from notifications of colleagues of people who perpetrate such abuses. Above that, wanting to check their suspicions , they must contact directly those personal sources of information who were formally paid money from operational fund. If such a procedure is started, certain reservations

See I. Kordas, Rola eksperta w pozaprocesowych ustaleniach faktycznych – kontrola korespondencji w ramach czynności operacyjno-rozpoznawczych [in:] Problematyka dowodu z ekspertyzy dokumentów, t. II, Z. Kegel (ed.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2002, p. 939-942. 31 Dz. U. 2010 Nr 182 poz. 1228. 30

74

occur as to the professionalism of operations started within this scope32. So it is very rare and only by accident that criminal activity connected with the siphoning-off of resources from operational fund is revealed33. This is caused by the lack of systemic and specific supervision over the activities of operational functionaries from direct superiors34 and frequent abandoning of the obligation to participate in meetings with an assisting policeman35. It is also the result of abandoning principles of cooperation, gained for years, with personal sources of information, that R Jaworski aptly took notice of36. Audio-visual recording of the meetings could be a partial solution of the problem37. Yet, presently, it creates many problems of formal and technical character. CONCLUSION Excessive formalism in operational work due to its specificity is not always recommended, but also possible, as, in reality, information is most important as well as the way it is used. Yet, certain rigors must be strictly obeyed, particularly when it relates to the remunerating of personal sources of information. Sometimes they are paid considerable quota and in this area there should not be any arbitrariness. The more that supervision over using them is limited. Also, it is necessary to enforce the knowledge of appropriate procedures and to apply them by the functionaries, to conduct supervision by the superiors properly as well as drift away from looking upon cooperation with personal sources of information solely through the lens of police statistics – number of informers at the policeman’s disposal. Such attitude only solidifies visible fall of effectiveness of the Police within cooperation with personal sources of information. 32http://wiadomosci.gazeta.pl/wiadomosci/1,114871,120940

58,Okradali_policyjny_fundusz__Dlaczego_zginal_policyjny. html; access 5.02.2014. 33 Ibidem. 34 K. Horosiewicz, Nadzór przełożonych…, p. 247. 35 Ibidem, p. 246. 36 R. Jaworski, Aktualne zagadnienia informacji i dowodów pochodzących ze źródeł osobowych [in:] Czynności procesowo-kryminalistyczne w polskich procedurach, V. Kwiatkowska-Darul (ed.), Wydawnictwo UMK, Toruń 2004, p. 129-130. 37 On the subject of the different use of such records see P. Herbowski, Voice Analyser and New Possibilities in Control of Informants, Internal Security 2012, vol. 4, no 2.


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REFERENCES:

1. Bulsiewicz A., Problematyka osoby zaufanej na tle obowiązującego ustawodawstwa oraz projektowanych zmian w Polsce [in:] Prawo karne i proces karny wobec nowych form i technik przestępczości, H.J. Hirsch, P. Hofmański, E. Pływaczewski, C. Roxin (ed.), Temida 2, Białystok 1997. 2. Bulsiewicz A., Rola osoby zaufanej w czynnościach operacyjno-rozpoznawczych i procesie karnym, „Przegląd Policyjny” 1992, no. 2-3. 3. Decyzja nr 35 KGP z dnia 23 stycznia 2008 r. w sprawie programu kursu specjalistycznego dla policjantów służby kryminalnej w zakresie sprawowania nadzoru nad prowadzeniem pracy operacyjnej (Dz. Urz. KGP 2008.3). 4. Deklaracja Rady Programowej Zakulisowych Studiów Społecznych - S. Cenckiewicz, Długie ramię Moskwy. Wywiad wojskowy Polski Ludowej 1943-1991 (wprowadzenie do syntezy), Zysk i S-ka, Poznań 2011. 5. Działoszyński M., Wójcik J., Zapobieganie i zwalczanie przestępczości w Policji na przykładzie działalności Biura Spraw Wewnętrznych Komendy Głównej Policji [in:] Praktyczne elementy zwalczania przestępczości zorganizowanej i terroryzmu. Nowoczesne technologie i praca operacyjna, L. Paprzycki, Z. Rau (ed.), Wolters Kluwer, Warszawa 2009. 6. Gruza E., Goc M., Moszczyński J., Kryminalistyka – czyli rzecz o metodach śledczych, WAiP, Warszawa 2008. 7. Hanausek T., Kryminalistyka w Polsce przełomu wieków, „Problemy Kryminalistyki” 2001, no 232. 8. Herbowski P., Voice Analyser and New Possibilities in Control of Informants, „Internal Security” 2012, vol. 4, no 2. 9. Horosiewicz K., Nadzór przełożonych nad współpracą policjantów z osobowymi źródłami informacji, „Przegląd Policyjny” 2013, no 3. 10. Jaworski R., Aktualne zagadnienia informacji i dowodów pochodzących ze źródeł osobowych [in:] Czynności procesowo-kryminalistyczne w polskich procedurach, V. Kwiatkowska-Darul (ed.), Wydawnictwo UMK, Toruń 2004. 11. Kolejwa M., Poufne osobowe źródła informacji w badaniach kryminalistycznych [in:] Poufne osobowe źródła informacji w rozpoznaniu, inwigilacji i wykrywaniu sprawców przestępstw kryminalnych, Materiały z konferencji naukowej Warszawa 26-27 września 1983 r., M. Kolejwa (ed.), Wyd. ASW, Warszawa 1984. 12. Kordas I., Rola eksperta w pozaprocesowych ustaleniach faktycznych – kontrola korespondencji w ramach czynności operacyjno-rozpoznawczych [in:] Problematyka dowodu z ekspertyzy dokumentów, t. II, Z. Kegel (ed.), Wydawnictwo Uniwersytetu Wrocławskiego, Wrocław 2002. 13. Musiał F., Podręcznik bezpieki. Teoria pracy operacyjnej Służby Bezpieczeństwa w świetle wydawnictw resortowych Ministerstwa Spraw Wewnętrznych PRL (1970-1989), IPN, Kraków 2007.

12

14. Netczuk R., Tajny agent policji w świetle nowego kodeksu postępowania karnego oraz ustawy o Policji, „Problemy Prawa Karnego” 2001, no 24. 15. Netczuk R., Tajny współpracownik i tajny agent w projektach ustaw o czynnościach o czynnościach operacyjno-rozpoznawczych: uwagi de lege ferenda, „Wojskowy Przegląd Prawniczy” 2010, no. 3. 16. Netczuk R., Tajny współpracownik policji na tle prawnoporównawczym, Wydawnictwo Uniwersytetu Śląskiego, Katowice 2006. 17. Odpowiedź podsekretarza stanu w Ministerstwie Spraw Wewnętrznych – z upoważnienia ministra - na zapytanie nr 4337 w sprawie opłacania tajnych współpracowników Policji. http://www.sejm.gov.pl/sejm7.nsf/InterpelacjaTresc.xs p?key=2093BC77. 18. Rau Z., Czynności operacyjno-rozpoznawcze w polskim systemie prawa – działania w kierunku uniwersalnej ustawy [in:] Praktyczne elementy zwalczania przestępczości zorganizowanej i terroryzmu. Nowoczesne technologie i praca operacyjna, L. Paprzycki, Z. Rau (ed.), Wolters Kluwer, Warszawa 2009. 19. Rau Z., Problematyka prowadzenia pracy operacyjnej Policji a bezpieczeństwo prawne policjanta i prokuratora, „Prokurator” 2007, no 1. 20. Skubisz P., Fałszerstwa dokumentacji operacyjnej popełnione przez funkcjonariuszy Urzędu Bezpieczeństwa i Służby Bezpieczeństwa [in:] Osobowe środki pracy operacyjnej – zagadnienia źródłoznawcze, F. Musiał (ed.), IPN, Kraków 2013. 21. Szczypta-Szczęch R., Zwolniony dla dobra służby. Studium przypadku Jana Nowaka [in:] Osobowe środki pracy operacyjnej – zagadnienia źródłoznawcze, F. Musiał (ed.), IPN, Kraków 2013. 22. Taracha A., Działania operacyjno-rozpoznawcze prowadzone w ramach uprawnień jako kontratyp – wybrane zagadnienia [in:] Współzależność prawa karnego materialnego i procesowego: w świetle kodyfikacji karnych z 1997 r. i propozycji ich zmian, Z. Ćwiąkalski, G. Artymiak (ed.), Wolters Kluwer, Warszawa 2009. 23. Tomaszewski T., Materiał porównawczy – kluczowy problem w ekspertyzie podpisów, Człowiek i Dokumenty 2012, no. 27. 24. Widła T., Badania dokumentów [in:] Kryminalistyka, J. Widacki, (ed.), C.H. Beck, Warszawa 2008. 25. Wytyczne nr 2 pf KGP z dnia 13.10.2008 r. w sprawie stosowania przepisów dotyczących gospodarowania funduszem operacyjnym Policji w zakresie kwalifikowania i dokumentowania niektórych wydatków operacyjnych, unpublished. 26. Zapytanie nr 4337 do ministra spraw wewnętrznych w sprawie opłacania tajnych współpracowników Policji; http://www.sejm.gov.pl/sejm7.nsf/InterpelacjaTresc.xs p?key=27432B86&view=null. 27. Zarządzenie nr pf-1/05 MSWiA z dnia 10.01.2005 r. w sprawie zasad tworzenia i gospodarowania funduszem operacyjnym Policji, unpublished;

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INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (76-85)

SAFETY AND DANGER DURING FIREFIGHTER’S WORK Péter Pántya Ph.D. National University of Public Service, Institute of Disaster Management, HUNGARY

ABSTRACT In Hungary in the event of disasters and technical rescue, the interventions and rescue services of fire protection are carried out by the fire department and the firefighters within the system of disaster management. The circumstances and the tasks that await them cannot be predicted. Although there are regular trainings and drills, the annual statistics clearly show that accidents do occur during interventions despite their caution and protective equipment. One of the aims of the research was increasing the safety of firefighters. The statistics about deployment and injuries of firefighters with a span of 11 years (between 2000 and 2010) were collected and analysed, then a conclusion was drew. The currently available protective equipment and methods which are the most suitable and in accordance with the current potentials were identified. The negative effects on fire fighters working - especially in closed space - resulting from the use of protective equipment as well as the ways of reducing risks of interventions was studied too. Based on one of the research findings, there are more ways to increase safety of both the fire fighter and the rescuee, thus the safety of the intervention. These ways include finding a more modern alternative of protective equipment, preparing firefighters for the circumstances in confined space is drilling in as life-like circumstances as possible and the use of devices which are currently not standard in firefighting. ARTICLE INFO Article history Received: 02.12.2014 Accepted 20.12.2014 Keywords firefighter, research, safety, technical rescue

INTRODUCTION This article is based on a study on the dangers of firefighting interventions and the possible methods of enhancing safety. The purpose of the article is to increase the safety of the intervention team and the quality of their activities. We can gain an overall view of the rescue activities of fire protection in Hungary with the help of a few figures. During technical rescues the primary intervention tasks of the fire service will be presented as well, which shows that the range of responsibilities is quite wide. The representation of the issue of 76

safety was selected out of the whole research material along with adding recent results. The typical injuries of fire fighters and their usual forms are described. Minor risks caused by the current protective equipment worn by the intervention crew must also be mentioned. MAIN PART In Hungary the rescue activities of fire protection in road accidents or in the immediate interventions of technical rescues in building damages are conducted by the fire service within the organisation of disaster


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management. Almost two thousand fire fighters are on duty to carry out these activities at all hours to be able to leave for the fire or damage within 120 seconds after the alarm. The exact circumstances and the tasks waiting for them cannot be predicted. [1] The definitions of a flat fire, a road accident or a technical rescue are the same in a course material, but the actual interventions are almost totally different in each fire or damage.

12

There are no two cases alike. The settings are different, the sources of danger are diverse, the set of instruments available might be dissimilar, the number, age and health status of the people in danger may differ, etc. [2] The data in a year’s interventions, alarms in Hungary:

Fire incident (38%) Technical rescue (49%) False negative alarm (3%) False positive alarm (11%)

Figure 1 the distribution of intervention in 2013 based on NDGDM

There are basic differences between the two main tasks of fire services, firefighting and technical rescue. During firefighting time is more limited, so there is more time pressure and it is essential to wear heat protective clothing as well as to extinguish fire, glowing as soon as possible by applying fire extinguisher. [3] In the case of technical rescues, generally there is more time available to find the best solution possible. However, wearing protective clothing slightly hinders or makes it more difficult to carry out the tasks and strains the intervention crew. In addition, access to special protective and

statistics

intervention equipment is constrained. As the chart and even recent statements illustrate, technical rescue activities of fire services remarkably outnumber firefighting duties. Considering the economic performance of Hungary, it can maintain only a limited number of professional fire departments, rescue teams (e.g. subregional, county, HUNOR), the number of standby vehicles is limited, the special equipment loaded on them and, of course, the provision for trained fire fighters in the crew have budget constraints.

77


Péter Pántya SAFETY AND DANGER DURING FIREFIGHTER’S WORK

60000 40000 Fire incident

20000

Technical rescue

0

. Figure 2 The rate of fire incidents and technical rescues based on NDGDM statistics

The authorised number and location of fire departments, the firefighting equipment allowed to be kept there and the various ranks of fire fighters working there are laid down in the relevant legislation. Given the above limitations, the vehicles used for firefighting and technical rescue are supposed to be as versatile as possible loaded with the widest range of special equipment in addition to the protective clothing offering the strongest protection against most forms of dangers. According to the National Director General’s measure in effect (29/2012 currently in effect), the protective clothing of the crew of professional fire departments is the following:

• • • • • • •

1 breathing mask 1 pair gauntlet 1 firefighet coveralls 1 firefighter helmet 1 cowl 1 pair firefighter protective boots 1 climbing safety belt

Since failures, replacements, shortages might occur, 20% spare equipment of the above items must be stored.

Picture 1 Mosaic of standardised personal protective equipment at the Hungarian disaster management, own and catalogue pictures from websites of distributors, 2013

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In order to maintain and enhance the performance of the firefighters, there are regular trainings and drills. However, in spite of their caution and the use of protective equipment, accidents do happen during interventions. When saving lives, fire fighters are in heightened emotional state and they are under more

12

pressure. It becomes more difficult to concentrate on their duty and easier to make mistakes with this heavy emotional burden. There is an increased risk of injury when fire fighters take part in interventions involving people even if their task is to remove a victim. [4] [5]

7000

6000 5000 Injured (fire incident)

4000

Dead (fire incident) Injured (technical rescue)

3000

Dead (technical rescue) 2000

1000 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Figure 3 The number of injured or dead citizens in the incidents between 2000 and 2010, own figure, 2012.

Figures clearly show that Hungarian fire fighters participate in thousands of interventions annually in which they have to deal with injured people at the site of fire or damage. The number of interventions when they deal with dead people or work in their surrounding is also high. In my research whose aim is to increase the safety of firefighters in confined space interventions I identified the following dangers compared to open space interventions: • greater thermal load • explosion • limited visibility and difficult lighting conditions • greater chance of obstructions

• •

• • • • •

dangerous substances of unknown ingredients substances of unknown ingredients, which can react have dangerous reactions when exposed to water or other substances unknown places limited escape routes limited movement limited ventilation limited possibility to save lives and escape in heights (floors), from underground (cellars, caves), through doors and windows time span is shorter when using breathing apparatus [6]

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Péter Pántya SAFETY AND DANGER DURING FIREFIGHTER’S WORK

To sum up, the following harms may affect fire fighters besides the strain protective equipment causes: excessive heat, restricted visibility, breathing difficulty or shortness of breath, risk of explosion, increased stress. Several circumstances might increase the level of stress: the presence of hazardous materials, being aware of the shortness of breath, restricted escape routes, increased responsibility when saving lives and searching for survivors, exhaustion and excessive heat. [7] Apart from these effects posing dangers on fire fighters, general fire interventions and disaster management task obviously entail further risks based on the character of the given case. In accordance with the Decree of the Minister of Interior on the general rules of firefighting and technical rescue, firefighting tasks may emerge in the following situations especially to save lives and property: a) structure fires b) road accidents

c) d) e) f) g) h)

accidents in natural waters in sewers, wells and other water storage systems malfunctions of public utilities high-rise accidents or accidents in underground holes (caves, cliffs) hazardous substances, nuclear accident natural disasters

Combining the items with further risks, collapse and fall hazard, contact with unknown dangerous materials, drowning, the effects of electricity and nuclear radiation hazard are present, too. The list is still not complete with these items. Unfortunately, fire fighters have had serious accidents related to these sources of dangers in the last few years. In point f), the fire fighter who died a hero’s death deserves to be mentioned and point g) should include fire fighters who got injured in the red sludge flood.

Pictures 2 and 3 Rescue at Rám-szakadék and firefighter intervention at the red sludge flood, source of picture 2: Márton Kovács, the Hungarian Cave Rescue Service, picture 3: kisalfold.hu

INJURIES AND ACCIDENTS OF FIRE FIGHTERS Quite a lot of accidents happen after the alarm before fire fighters get into the engine, and even more during deployment, which include fatal ones, too. It can be stated that the number of fire fighter accidents are related to the changing number of technical rescues or firefighting from year to year. There are noticeable changes in the tendencies as well, changes in the rate of firefighting/technical rescue are reflected in the

types of related accidents. The most severe accidents - which involve death – happened mostly at the fireground or as a result of activities carried out there. [8] • According to the statistics of Work Safety Centre of NDGDM1, the six most common injuries are the following: • Trips, falls, slips • Hits, bruises 1

80

Until 2011.


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• • • •

12

To compare data, it is worth contrasting the annual number of accidents and the number of accidents which happened in the line of duty. They include accidents that happened after the alarm and before returning from the incident. More detailed reports on the distribution of injuries occurring in the line of duty cover only certain periods of the given year. A detailed report on the accidents happening in the line of duty in 2006 suggests that the rate may be similar in the whole period under examination. The following graph shows 2006 figures.

Falls, jumps Stab wounds, cuts Falling objects Burns, scalds, explosion

Data on accidents reveal that the rate of injury types remained constant between 2000 and 2010. Injuries caused by trips, falls and slips are by far the most frequent, followed by hits and bruises, whose number is still remarkably significant. The annual frequency of more severe injuries is much lower (in decreasing order of frequency: stab wounds, cuts, falling objects, burns and explosion).

THE DISTRIBUTION OF ACCIDENTS IN THE LINE OF DUTY (2006) Collision of vehicles

4 0

Fallings

6 1 20

Stumbling, slipping

4

Falling objects, collapse

2

Moving engine parts

2

Power shock

3

0

accidents without days off (total number: 28) 5

0 7

Hits, bruises

5 3

Stab wunds, cut Poisoning Burns, explosion Biology effect Other

accidents with days off (total number: 69)

9 10

0 2 0 1 1 5

7

Figure 4 The distribution of accidents in the line of duty in 2006

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Péter Pántya SAFETY AND DANGER DURING FIREFIGHTER’S WORK

It can be clearly seen that the high number of injuries are owing to the wide range of activities of the fire service within disaster management instead of the harmful effects of fire. Burns and explosions are treated separately in the statistics of the Work Safety Centre of NDGDM, however, they can only be demonstrated if they are shown together. All things considered, graph 3 shows a slow, uneven, but moderate decrease after the peak values in 2002 till 2007. The slight increase starting in 2008 can be explained by the staff increase of almost 1000 and the fluctuation caused by the retirement wave.

Law enforcement bodies, professional fire departments experienced a relatively sudden generational change because of the many new recruits and the retirement of the bulk of the most experienced employees. The less experienced fire fighters are more likely to make mistakes, while senior colleagues who they could turn to help for have already left. These statements are only true if we examine the overall statistics on accidents in the line of duty instead of just emergency activities. [9]

ACCIDENTS IN THE LINE OF DUTY 100 90

93 86

80 75

75

70 60

70

69 64

62

58

57

50 40

Accidents

41

30 20 10 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010

Figure 5 Accidents in the line of duty between 2000 and 2010

Between 2004 and 2008 there was a significant increase, which then dropped slightly. In 2010 a moderate growth started again. My assumption is that due to the high crew turnover, injuries of various types were more common at the fire brigade (trips, slips and falls), while at the fire ground and during technical rescues fire fighters were more careful and considerate, probably due to the higher level of supervision. 82

Dangers resulting from the use of protective equipment need to be addressed as well. Wearing protective clothing itself hinders the body’s thermoregulation as radiation of heat is considerably reduced. Heat stress is the leading cause of death on the fire ground, which is justified by international researches. Protective clothing and its parts can easily get in contact with objects. Breathing apparatus means excessive


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weight and limits movement. Hearing is reduced, speaking is not articulate enough owing to the mask and visibility is limited. Wearing full gas clothing further increases the risks and limits movement. Protective equipment and its disadvantages: turnout gear: limits movement, additional weight, hinders thermoregulation helmet (with face mask): reduced hearing, additional weight, may get stuck in narrow passages. In these cases it needs to be removed, thus the head is no longer protected. cowl (hood): in case of poor quality, heat insulation is not satisfactory in extreme weather. In explosive environments, the material of the cowl needs to be considered. protective boots: heavy and relatively big, limits fine movements. gauntlet: it hinders fine movements of fingers and hands. The hand loses sensitive tactile perception. climbing safety belt: it can get stuck in objects. Not proper size or use may lead to danger of falling, just what it is meant to

12

protect fire fighters from. breathing mask: limits visibility because of distortion and decreased sight degree. Hearing and speech volume is greatly reduced. Combined with the breathing apparatus significantly increases weight and limits movement. There are several ways to increase safety of both the fire fighter and the rescuee, thus the safety of the intervention. One of these ways is to find more modern alternatives of protective clothing and equipment, improving active and passive visibility, more modern respirators with more functions, remote sensing, remote reconnaissance, basic thermographic cameras, multifunctional respirators which allow longer intervention period and telemetry systems. Another way to prepare firefighters for the circumstances in confined space is drilling in as life-like circumstances as possible. The higher education has to be ready for these methods. [10] At the local branches of disaster management, methods are available to conduct multi-purpose, varied drills with low financial, infrastructure and personnel costs. The training of the future's firefighter officers and the researches must focus on preparing the parts of intervention teams for the circumstances. [11] [12]

Picture 4, Students of disaster management wearing a breathing apparatus during a visit to a fire department, own picture, 2013

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Péter Pántya SAFETY AND DANGER DURING FIREFIGHTER’S WORK

A third way is the use of devices which are currently not standard in firefighting, although they can either make circumstances safer or reduce the degree of personal intervention (standardising firefighting through the exterior walls, overpressure ventilation, remote-controlled fire extinguishing or rescue devices, various special support poles, security glass films). In sometimes fire investigations can help to find the correct ways. [13] [14]

CONCLUSION Disaster management activities, including firefighting and technical rescue conducted by the fire service are considered considerably dangerous. The main aim is to increase the safety of interventions as much as possible so that the rescuers do not need rescue. Handling sources of dangers and protection against them have been introduced besides listing further potential risks. There are several ways and methods to increase safety, which have been presented, but they constantly need to be examined and introduced.

REFERENCES: 1. Oszkár CZIVA: Kórházakban keletkezett tüzek veszélyei: Védelem - Katasztrófa- Tűz- és polgári védelmi szemle pp. 1-5. (2010) 2. Martin ZACHAR, Andrea MAJLINGOVÁ, Jozef MARTINKA, Qiang XU, Karol BALOG, Janka DIBDIAKOVÁ, Pavel POLEDŇÁK, Marek RYBAKOWSKI: Impact of Oak wood ageing on the heat release rate and the yield of carbon monoxide during fire, European Journal of Environmental and Safety Sciences, Print ISSN: 1339-472X, Online ISSN: 1339-4797 05/2014; Vol. 2(Issue 1):1-4. 3. Ivana TUREKOVÁ, Karol BALOG: The Environmental Impacts of Fire-Fighting Foams, Research Papers Faculty of Materials Science and Technology Slovak University of Technology 01/2010; 18(29):111-120., ISSN: 1338-0532 4. Ferenc KANYÓ: A fáradtság kialakulásának folyamata a beavatkozáskor, Védelem, 2007. XIV. évfolyam 2. szám, ISSN 1218-2958 5. Ágoston, RESTÁS and Zoltán DUDÁS: Some Aspect of Human Features of the Use of Unmanned Aerial Systems in a Disaster-Specific Division, ICUAS 2013

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Proceedings: International Conference on Unmanned Aerial Systems. Conference: Atlanta, USA, 05.2805.31.2013. Atlanta: IEEE, 2013. pp. 1030-1036. (ISBN:978-1-4799-0815-8) 6. Zoltán MAGYAR, Tamás RÉVAI, József PADÁNYI: The usability and significance of tests using live subjects for measuring the thermal insulation ability of military clothing; In: Padányi József, Földi László, Halász László, Kohut László, Kovács Ferenc, Magyar Zoltán, Révai Tamás, Oláh András Béla Földi László, Padányi József: Effects of climate change to military activities. 270 p., Budapest: National University of Public Service, 2014. pp. 97-122., (ISBN:978-6155305-25-2) 7. Ágoston RESTÁS: A tűzoltásvezetők döntéseit elősegítő praktikák, BOLYAI SZEMLE 2013/3: pp. 7589. (2013) 8. Gyula KÓRÓDI: Szívdobbanás-mérő eszköz mint a nukleáris objektumok katonai létesítmények, börtönök és határátkelőhelyek biztonságának szolgálatába állítható módszer. Lehetőség a katasztrófavédelmi alkalmazásra, BOLYAI SZEMLE XXIII.: pp. 1-8. (2014) 9. Ágoston RESTÁS: Az UAV katonai alkalmazásának transzfere a polgári alkalmazás felé: Katasztrófavédelmi alkalmazások, REPÜLÉSTUDOMÁNYI KÖZLEMÉNYEK 25:(2) pp. 626-635. (2013) 10. János BLESZITY – Zoltán GRÓSZ: Egyetemi képzések a katasztrófavédelem számára, Bolyai Szemle 2013. 3. szám 11. Daša ADAŠKOVÁ – Rastislav KAZANSKÝ: The lingering problems of the knowledge - based society development in the Slovak Republic. Politické Vedy, 2010. IV., ISSN 1338 - 5623 12. Gyula KÓRÓDI: The role of the Institute of Disaster Management of National University of Public Service in the system of the Hungarian voluntary rescue organizations: searching, rescue and first aid, In: NISPACcee (szerk.), Government vs. Governance in Central and Eastern Europe: From Pre-Weberianism to Neo-Weberianism?: Presented Papers from the 22st NISPAcee Annual Conference. Budapest, Hungary, 2014.05.22-2014.05.24., 2014. pp. 1-11. (ISBN:978-80-89013-72-2) 13. Stefan GALLA, Alexander NEJEDLÝ, Andrea MAJLINGOVÁ, Veronika MIŠKOVIČOVÁ, Stanislav CELLENG: Fire occurrence mapping for providing the risk analyses and fire ivestigation purposes, Security Dimensions – International & National Studies, No. 12., 2/2014, Cracow, Poland, ISSN 2353-7000


SECURITY DIMENSIONS 14. Jiří POKORNÝ, Mikuláš MONOŠI: Požární inženýrství jako jedna z cest k zvýšení bezpečnosti kulturních památek, X. mezinárodní konference FIRECO 2013 Ochrana pred požiarmi, Protipožiarna bezpečnosť kultúrnych pamiatok - národné kultúrné pamiatky, At

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Trenčín: MV SR Hasičský a záchranný sbor, Ministerstvo kultúry Slovenskej repuliky, Výstavisko Expo Center a.s., 2013.

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INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (86-94)

POLICE, SOLDIER, FIREFIGHTER IN EMERGENCY: DECISION MAKING METHOD IS SPECIAL Agoston Restas, Ph.D. National University of Public Service Institute of Disaster Management, HUNGARY ICLE INFO ABSTRACT Security managers, such as police, soldier, firefighter, in many cases face special or emergency situations without any signs in advance. In these cases decision makers are under time pressure and they do not have enough time to make the traditional, analitical based decision making method. Despite the above well-known circumstances during education and trainings managers get information mostly about the theory of traditional decision making processes even if practical trainings obviously focuses on the quick responses as tactical elements. This article deals with firefighting managers, how they make their decisions mainly at tactical level and demonstrates their special decision making method to be able to understand it. An important element of the activities of security managers or emergency responders is that they cannot or only to a very limited extent can modify the terms of the task, improve them as desired. Despite the differences of environment, indications of the complexity of the situation, the possibility of the radical change in the given situation, uncertainty and ambiguity of the information available can be recognized and well identified. Author’s study reveals during intervention the most essential but limiting factor is time. This provides a framework impossible to burst and a forced drift, a pressurized channel for the decision-maker, entangled in which one can no longer break free. The above proves that in certain situations, the multi-criteria, analyzing, evaluating decision-making simply cannot be used or only in a limited manner. However, it can be seen that managers, directors or commanders are many times in situations that they simply cannot elude from their decisions; they should make them in a short time. The functional background of decisions made in a short time, their mechanism different from the conventional one was studied lately, and was given the name recognition-primed decision to this special decision procedure. In the article, author illustrates the limits of the possibilities of analytical decision-making, presents the general operating mechanism of recognition-primed decision-making, elaborate its special model relevant to choose security managers at tactiARTICLE INFO Article history Received: 02.12.2014 Accepted15.12.2014 Keywords Police, soldier, firefighter, in emergency, decision making, RPD - recognition primed decision,

INTRODUCTION Security managers, such as police, soldier, firefighter can face special or emergency situation without any pre-sign and even if it was forecasted they can meet the requirements of improvisation making their decision. Despite the wide range of the problems in emergency situations this article focuses on the operational and tactical level of the active intervention where problems converge to 86

one main problem, which is the quick decision, quick response. An important element of the activities of security managers or emergency responders is that they cannot or only to a very limited extent can modify the terms of the task, improve them as desired. Despite the differences of environment, indications of the complexity of the situation, the possibility of the radical change in the given situa-


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tion, uncertainty and ambiguity of the information available can be recognized and well identified. Most of these factors are present; occasionally all of them may be present at a certain level of emergency decisions: including the strategic, operational and tactical levels, but certainly with a different focus or at different times. On strategic and operational level, in general, not only more time is available, but also human and technical resources are at hand more broadly, and decision support instruments as well to reduce uncertainties occurring. All of them stand implicit at the background of the intervention’s safety, which is priority during the intervention and also very important and complex question at tactical level [1] [2]. As an example, the extinction of fire in a smaller dwelling house requires the implementation of a completely different, simpler scope of tasks than to control fire in a mid-high building [3] [4] or ensuring the preventive rules [5]. Short term disasters require immediate reaction, however slowly developed climate change gives time to create strategy [6]. In another case, during an action of bank robbery policeman can have time just below a second to decide on using fire arms but the chief (or lawyers) can have months to investigate its legality. Soldiers in security patrol can face fire below seconds or can suffer from terrorist’s attac withouth pre-sign. Above illustrates the limits of the possibilities of analytical based decision-making; because of the limited time there is no chance to make the traditional decision making mechanism. Author’s effort supports and completes other works which focuses on the safety of the intervention at tactical levels, others developed it more detailed [7]. Wide ranges of special literatures were used for lighting the background and complexity of the security managers’ problem. Because of the wide range of the problem, topic was tighten and focused on operational and tactical level of decision making. Author took fire managers autocratically as example for demonstrating the process of making recognition primed decision. Author used his own field experiment for this article and created also a simple and a complex model for understanding better the mechanism of making decision at tactical level.

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DECISION-MAKING MECHANISM OF A FIREFIGHTING MANAGER Limited time frame allows the elaboration and management of limited amount of information. We know from Miller’s researches that the shortterm memory of the vast majority of people can only process simultaneously 7±2 units of information [8]. This information, of course, can be quite different, e.g. characteristics of fire, the capacity of the response unit, a number, or even the absence of information searched. Our memory handles the combinations, “operations” between the information units as information units [9], from which clearly springs forth that the capacity of the short-term memory of a firefighting manager is exhausted very quickly. Author has proven by essay analysis how complex the tasks of emergency responders are; this shows that in several cases, simultaneously, there is or would be a need to process many more units of information than the capacity of our shortterm memory would allow. The maintenance of our decision-making capability, i.e. our short-term memory, based on the above, clearly requires that we should omit analysing and evaluating decisionmaking processes protracted and use the recognition-primed decision-making procedure, based on previous experience. Author wishes to create a model element to demonstrate the decision-making mechanism of firefighting managers, which takes into account the limits of the simultaneous processing of information, that is, it also illustrates Miller's decisionmaking capacity. Since the information units may be qualitatively independent of each other, author chooses the simplest graphical representation of the unit-based discrete difference to separate them from each other. A model element must be able to graphically demonstrate the schemes based on earlier experience, the characteristics of different fires, and the interlocking of the former as the application of the scheme, which represents the technically correct solution of the task, i.e. effective decision. The model refers, at the general model of recognition-primed decisions, mostly to Klein’s work [10] [11].

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Figure 1 Graphic representation of the empiric scheme of recognition-primed decisions matching a given situation. Source: author

The schemes in figure 1 represent 7 graphical discrete values each, which are marked by positive or negative protrusions and their “centre line”; these values indicate the amount of simultaneous decision-making capacity. Therefore, the “negatives" of the schemes can be matched as a given situation and the solution necessary. As an integration of above processes, decision mechanism functions as follows: an experienced firefighter has performed the elimination of a large number of different fires. Despite the differing parameters of each fire, some characterizing features can be well conceived (figure 2). The characterizing features of identical types of fires are crystallized by experience, and are fixed in our long-term memory. Similarly, to the characteristics of a fire, the characteristics of successful extinguishing, the facilitating decisions are also fixed (figure 3); just as the mistakes desired to be avoided and the unsuccessful procedures and failures. Experience gained through many years, based on the features of fires, formulate the system of schemes, behind which we can find actions (decisions) efficiently applicable to eliminate them. If another incident has almost the same circumstances as one already many times successfully eliminated by an emergency manager previously (model of positive confirmation), he will attempt to use the same ones in the procedures. Therefore, another fire, quasi bearing the typified properties of previous similar fires, a decisionmaker involuntarily immediately recalls the typified decisions. The properties of a fire and of previous successful extinguishing operations, based on the 88

above, are closely interlinked; they are each other’s “reflections” (figures 4). Author proved with the results of association studies that the above, i.e. the characteristics of a fire and the thoughts directed towards its extinguishing, the schemes of response, in the case of firefighters, are very closely connected in a complex way.

Figure 2 Evolvement of the scheme on fire. Source: author

When a firefighting manager identifies a fire, he imagines what would happen if he applied the usual tactics to fight it. If the scheme of solution matches, he accepts it, if not, he rejects it and thinks of the next most typical action. Thus, it is a recognition-primed, model-matching process, which can be followed by a quick and almost automatic decision. The long-term memory of a firefighting manager, through practical experience, has the schemes of both different fires and their extinguishing characteristics. During another alert, information available and collected on a fire automatically generates the recollection of the scheme necessary to solve it, based on which a firefighting manager defines the firefighting tactics necessary. However, the results of association studies clearly point in the direction that at a given fire (problem) managers do not focus on the fire as a problem but rather on its immediate solution. From this,


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author makes the conclusion that a decisionmaker will not follow the change of the characteristics of a fire, but the validity of solution scheme, that is, the dynamics of the implementation of the extinguishing process. This does not mean a contradiction with the previous, but rather a difference in views, the shift of emphasis of the focus of attention. Figure 4 Aggregated schemes on fire and the evolvement of the lessons learnt from extinguishing it. Source: author

Figure 3 Evolvement of the scheme on the lessons learnt from extinguishing a fire. Source: author

The difference in views, that is, the shift of emphasis means that a firefighting manager does not focus on the change of characteristics of a fire, but rather on the expected evolvement and dynamics of the scheme selected, i.e. extinguishing tactics. Based on the previous, these are, of course, inseparable from each other, however, author finds the dominance of the interventions trend so strong in the results of association studies in the case of firefighters that, based on it, author judges his above conclusion to be justified. The thought sequence fire–characteristics– solution is attractively logical, however, the decision capacity of our memory is facilitated if it manages and reduces the necessary information in the simplest possible way. Since the schemes of characteristics relating to a fire exist together with the schemes of solution, there is no real need for it to appear in our short-term memory. Thus, the function appearing is modified to the simplest and shows the format fire–solution. The above do not contradict Klein’s model, they rather complement it. Klein, in his model, evaluates (imagines what will happen) the results of matching schemes by the decision-maker prior to performing action version, which, based on author’s own experience, is so without doubt, however the aftermath of the decision, in author’s opinion, is much more significant in case of firefighting managers.

Since the problem immediately and automatically generates both the direction of the solution and start of the action version, rather the process itself is important in terms of efficiency, which is caused by the decision. The schemes based on experience certainly contain the information on the dynamics of the process of fire, so if it meets the expectations, we do not have to modify the original firefighting tactics. However, if the dynamics of the process does not suit the expected, the change is inevitable in the performance of efficiency. Based on the above, the recognition-primed decision is not just an individual act before extinguishing the fire, but it is also the continuous accompaniment as needed. By doing this, author shares the view that the experienced decision-maker perceives the problem together with its solution; furthermore, author extends the continuous co-existence of the problem and of the whole process of solution of an emergency (firefighting and technical rescue). MECHANISMS COMPLEMENTING A RECOGNITION-PRIMED DECISION Different triggers, internal resources ensure the operation of recognition-primed decisions. Klein, in his work, assumes 5 markedly distinct abilities, these are intuition, imagination, perception of the invisible, the ability to formulate, metaphors and analogies [11]. In the joint work of Cohen, Freeman and Thomson [12], draws the attention to the importance and benefits of critical thinking as criticism of actions planned by ourselves. Despite the fact that one could assume, based on the previous issues, that recognitionprimed decision-making enjoys exclusivity on a tactical level, it is absolutely not true. We can 89


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compare it with several fires or incidents, still, one of the essential features is that it protracts in time. It allows the decision-maker to think over the situation, collect information, develop action versions and consider. Forest fires, peat fires, or in many cases, fires of storage facilities or other hall-type buildings, burning for several hours or days and covering a large area are categorized specifically into the above types. During protracted decisionmaking, the recognition-primed processes, based on author’s experience, proved to be irreplaceable assistance rather in solving partial tasks. ANALYTICAL THINKING Killion sees the combination of recognition-primed decision-making with the analyzing and evaluating procedure in two ways [13]. In both cases, the conditions are that adequate time should be available for analyzing the options. In the first case, prior to recognition-primed decisions, focusing on the given circumstances, we set up options and analyze them. In the second case, a more detailed analysis of the action version of our recognition-primed decision may take place. In the latter case, the spectrum of the task is obviously significantly narrower than in the first case. The two mechanisms, depending on the situation, can be harmonized or one of them may become predominant. The observation of the elemental parts of multi-aspect decision-making shows that decision-makers divide complex problems to smaller and smaller partial problems until they become such a basic level problem that a decision-maker is able to solve even with little effort [14]. This latter process can also be a recognition-primed decision-making, but logically we can find Duggan's view [15], previously referred, at the end of thought list, according to which successful decision-makers not perceive a problem until they can solve it. CRITICAL THINKING ON A TACTICAL LEVEL Cohen, Freeman and Wolf studied the possible decision support role of critical thinking on a tactical decision-making level [12]. In their work, active naval officers and case reports were studied based on which they state that experienced emergency decision-makers, in new situations, using their previous experience, make decisions 90

with help of recognition-primed mechanisms. Cohen’s model explains in detail the critical analytical strategies that contribute to the operation of recognition-primed thinking. Systematic situation models often based on informal narratives as schemes organize our information in cause and effect relationship in individual cases and underpin the development of recognition-primed thinking. One of the most important elements of Cohen’s model is the quick test. A quick test is a higher-level control mechanism for critical analysis and its accuracy. Its recognition strategies are formed, similarly to other decision-making processes, by the success or failure experience of past events. The complex recognition mechanism comes to the fore when the demand on time and resources for critical analysis is overweighed. It is possible in three well-definable cases [32]. A quick test considers the conditions in the light of the above factors, and if appropriate, prevents recognition-primed decision, and focuses on critical thinking. When circumstances are not adequate, a quick test will allow for an instant reply. [32]. SATISFACTORY PROCEDURE MECHANISM We have seen previously that a firefighting manager's time, just as the time of other decisionmakers in an emergency to make a decision is limited. Since this time limit precludes the possibility to carry out the necessary analyses of the classic model, objectively the choice of an optimum option is not achievable for a decisionmaker. In response to the difficulties of the collection of information and the reduction of the costs in relation, a decision-maker does not strive for optimum results, but, depending on the circumstances, settles for satisfactory solutions. The above process, different from analytical thinking, is enforced by several factors. Some of these factors are the impossibility of obtaining all information necessary to select the best solution, or the shortage of time; the latter induces a compulsion of decision-making. The limited nature of the processing information available is also of significant influence. Filtering the information, and by this the selection of response to the tasks is necessary because the capacity of our short-term memory is quite limited. According


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to Miller's studies, previously referred to, it allows the parallel processing of only 7 ¹ 2 bits of information at one time [8]. If a firefighting manager made all the basic decisions, his decision-making capacity would be immediately exhausted at a complex firefighting task. Despite the small capacity, thanks to recognition-primed mechanisms, correct decision is made in most cases (acceptable, given the effectiveness of firefighting). A firefighting manager, using his experience, in situations not requiring decisions different from the previous solutions, implement automatic measures, protocol procedures, thus continuously maintains his decisionmaking capacity. In this case, using his own experience, a firefighting manager is not interested in the series of best elementary decisions used to eliminate fires, but only in satisfying the conditions of professional firefighting through the decisions made as a whole. DECISIONS BY EXCEPTIONS The aim of the application of the method is that the leadership responsibilities of managers should be drastically reducible; its essence is that we should only intervene into processes having permanent characteristics in majority, if they cross the pre-specified lower and upper limits. The method, management by sensitive exception, so derived from the dynamics of the processes, the necessary interventions are now possible even before crossing the borders [16]. The method of management by exceptions, based on author’s experience, is the greatest help for a firefighting manager to continuously maintain his decision capacity. It can appear in different ways, like protocol procedures, individual way of speaking, silence approval, peripheral vision, and informationprocessing in zones. The experience and competence of the persons performing a given activity allows every firefighter to make his basic decisions in his own field of work. This shows the arrangement in zones of information processing (figure 5). Of course, not every incident or moment requires response. This zone does not require action that is practically ignored by a firefighter, because it is a natural consequence of extinguishing. A significant part of problems outside the zone, as a result

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of a firefighter's decision in that location, is solved by intervention (firefighting), this information now reaches the firefighting manager, but he usually does not require a decision yet. A firefighting manager manages the problems outside this zone that exceed the decision-making competence of subordinate firefighters. This originates in the fact that, on the one hand, based on the information from reconnaissance and radio traffic, he can create a comprehensive and dynamic picture of the entire process, the evolvement of fire or the efficiency of extinguishing, on the other hand, legislation entitles firefighting managers to take actions.

Figure 5 Decisions based on exceptions. Source: author

CREATIVITY Creativity has many definitions. Munteanu, in one of his works, presents 35, which approach creativity, in different ways, however, there is no single definition generally accepted or used, either [17]. Analyses researching creativity show that there are three general directions of study [18] [19]. The first concerns the nature of creative thinking, the second one the development of creativity and the third one the characterizing properties of creative people. Amongst the properties, there is practically none, which would not be advantageous for efficient work in a VUCA environment describing the working conditions of a firefighting manager. Based on the above, author made the conclusion that the creative capabilities of a firefighting manager can be explicitly beneficial for facilitating the 91


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technically correct decisions relating to firefighting and technical rescue tasks. Creativity can significantly increase professional efficiency of decisions made by firefighting managers in unexpected situations. This can be seen when firefighters are able to turn local conditions, in a moment, into exploitable advantages. However, author found that a significant part of properties characterizing innovativeness do not prefer everyday work, free of interventions, in structured organizations, in respect of firefighting managers. This is confirmed by research findings as well, according to which it is explicitly problematic to follow strict rules for people producing creative results (The Reader's Digest Association Ltd., 1992). Maybe this is why it is a typical example that chief fire officers can safely trust the professional firmness of subordinates at incidents, in everyday life, even though the working relationships of managers and subordinates are burdened with tension. HEURISTICS Heuristics means that certain distortions are not incidental and unarranged errors, but the results of simplifying mechanisms, with which decisionmakers make the complicated tasks manageable for themselves, which cut the Gordian knot [19]. Based on researches related to the names Tversky and Kahneman, we distinguish 5 basic groups of heuristics [20]. These are representativeness, availability, fixing (imprint) and adjustment heuristics, retrospective distortion, as well as overconfidence and calibration. Studying the activities of firefighting managers, there are many examples of practical heuristics. Overconfidence, based on author’s judgement, is one of the greatest risk factors of the efficiency of decisions of a firefighting manager. A firefighting manager, quite often, stops searching for the information necessary earlier than sufficient, based on his experience, he trusts his own judgement, many times, assuming unnecessary risks. The extent of rational risk assumed during interventions should be always chosen proportionately to the given task; a risk assumable at a fire in a grain storage facility can-

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not be compared with a fight for the life of a human being. Researches show that overconfidence means that the division between actual and putative knowledge is around 50% [21]. We are best able to judge the certainty of our decisions around 80% of knowledge, over this value, we underestimate our abilities. The above have shown that our actual knowledge does not grow parallel with certainty; the increase of our knowledge does not automatically mean the growth of self-assurance [19]. During firefighting (technical rescue), the characteristic VUCA environment exactly expresses that the actual knowledge of a decisionmaker can only be partial, he can only be sure temporarily of the reliability of his knowledge. Aggregating the above, we can see that the risk of overconfidence continuously prevails in the decisions of a firefighting manager. THE COMPLEX MODEL OF DECISION-MAKING IN EMERGENCY If not enough time is available for analysing and evaluating decision-making, recognition-primed procedures receive a greater role. Critical thinking uses recognition procedures, during which the decision-making process can be accelerated or analysed with the help of a quick test and depending on the time available. The quick test, considering the circumstances, hinders recognition-primed decision and prefers critical thinking. However, when the circumstances are inappropriate for critical analysing thinking, the quick test allows immediate reply. Despite the limited decision capacity, thanks to recognition-primed mechanisms, in most of the occasions, correct decisions are made by firefighting managers. Time limit precludes the possibility for the firefighting manager to carry out analyses necessary for the classic model; therefore, the selection of the optimal possibility is objectively not attainable by the decision-maker. The decision-maker is not striving to achieve ideal results, as a response to the difficulties of collecting information and reducing costs in relation, but depending on the circumstances, he is satisfied with its satisfactory solution.


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Figure 6 Complex model of decision-making of firefighting managers in emergencies. Source: author

By reducing the time available for decision-making and for maintaining decision-making capacity, a firefighting manager applies the management (decision-making) method based on exceptions in numerous situations. Its essence is that several moments of interventions proceed protocol-like, thus, they need not be controlled all the time; on the other hand, not all the phases of the processes require direct management decision. During the study of creativity, author has concluded that there is no feature characteristic of the working circumstances of firefighting managers that would not be advantageous to perform efficient work in a VUCA environment. Therefore, it is sure that the creative capabilities of firefighting managers can be explicitly advantageous to facilitate the professionally correct decisions on firefighting and rescue tasks even if a significant part of the characteristics of innovativeness does not favour the performance of an everyday work free of interventions with respect to firefighting managers. Heuristics are not random-like errors or specific distortions facilitating our everyday activities. These are the results of simplifying mechanisms, through which decision-makers can make difficult tasks manageable for themselves. Besides the benefits of heuristics, the greatest challenge for a firefighting manager can mean the inherent erroneous distortions, which surely often

help, but their uncritical acceptance, in certain cases, can end up in fatal dangers. The declared objective and sense of the decisions of firefighting managers is the efficient implementation of emergency interventions. It is symbolized by the principles of firefighting with structured division, on the top of which we clearly find the saving of human lives. Firefighting managers certainly have less time to make their decisions compared to the time interval of classic decisions, so, their decision mechanism is strongly based on recognition procedures due to the peculiar environment (VUCA), and the limited process possibility of simultaneous pieces of information. The competence of firefighters is based on the unity of theoretical knowledge and practical experience. Building on practical experience, the different mechanisms like analogical thinking, critical analysis, satisfactory procedure, decisions based on exceptions, creativity and heuristics, together with the internal triggers, hold as pillars and make recognitionprimed decision procedure of firefighting managers operational. Author illustrates the above as a complex system of emergency decisionmaking of firefighting managers in figure 6.

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[1] Pántya, P.: Hatékonyság és biztonság növelése az osztó vonala mögött, VÉDELEM ONLINE: TŰZ- ÉS KATASZTRÓFAVÉDELMI SZAKKÖNYVTÁR 2011: pp. 1-8. [2] Kolonics Gábor, Kóródi Gyula : The examination of the role of natural substances in the protection against UV radiation, HADMÉRNÖK VIII:(1) pp. 339-344. 2003 [3] Bleszity, J., Zelenák, M.: Tűzvédelmi ismeretek, Budapest: Szövetkezeti Szervezési Iroda, 272 p. 1990 [4] Pántya, P.: A tűzoltói biztonság növelése zárt téri beavatkozások során, Műszaki Tudomány az Észak Alföldi Régióban 2012. Debrecen: Debreceni Akadémiai Bizottság Műszaki Szakbizottsága, 2012. pp. 393-404. [5] Horváth, L. A MŰEMLÉK ÉPÜLETEK TŰZVÉDELMI KÉRDÉSEI, 2013. XXII. évf. 3. Tematikus Különszám TŰZVÉDELEM 2013, pp. 109-114. http://uninke.hu/downloads/bsz/bszemle2013/3/9.pdf downloaded: 31.03.2014 [6] Padányi, J.: Éghajlatváltozás és a biztonság összefüggései., HADTUDOMÁNY 1-2: pp. 33-46. 2009, http://mhtt.eu/hadtudomany/2009/1_2/033-046.pdf downloaded: 16.03.2014 [7] Pántya, P.: A tűzoltói beavatkozás biztonságának növelése zárttéri tüzeknél, HADMÉRNÖK 6: (1) pp. 165-171. http://portal.zmne.hu/download/bjkmk/kmdi/hadmernok/2011 _1_pantya.pdf downloaded: 10.11.2013 [8] Miller, G. A. [1956] The Magic Number 7 Plus or Minus 2; Some Limits on our Capacity for Processing Information, Psychology Review, Vol. 63 [9] Ribárszki, I. [1999] Döntéspszichológia, Zrínyi Miklós Nemzetvédelmi Egyetem, Jegyzet, Budapest [10] Klein, G. A. [1989]: Strategies of decision making , Military Rewiev, No.5.

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[11] Klein, G. A.: Sources of Power: How People Make Decisions Cambridge, MA: MIT Press 1999 ISBN 0262611465 [12] Cohen, S. M., Freeman, J.T., Thompson, B.B.: Integrated Critical Thinking Training and Decision Support for Tactical Anti-Air Warfare; Report, Cognitive Technologies, Inc., Naval Air Warfare Center Training System Division, Contract No. N61339-96-R-0046. 1996 [13] Killion,T.H.: Decision Making and the Levels of War; Military Review, United States Army Combined Arms Center, Fort Leavenworth, Kansas, 2000 novemer-december, [14] Simon, H. A.: The new science of management decisios; Harper & Brother, New York 1960 [15] Duggan,: Napoleon’s Glance: The Secret of Strategy (New York: Nation/Avalon, 2002), p.17. [16] Hoványi, G.: A menedzsment új horizontjai; Közgazdasági Szemle, XLIX. évf., 2002. 03., pp 251-264. [17] Munteanu, A.: Incursiune în creatologie. Timişoara, Editura Augusta. 1994 [18] Csíkszentmihályi,M. [2008] Kreativitás – A flow és a felfedezés, avagy a találékonyság pszichológiája; Akadémiai Kiadó, 2008 [19] Zoltayné Paprika, Z. Döntéselmélet; Alinea Kiadó, Budapest ISBN 9638630612 (2002) [20] Twersky,A. & Kahneman,D. [1974] Judgment under uncertainity: heuristics and biases,; Science, vol. 185, pp. 1124-1131 (1974) [21] Lichtenstein, S. & Fischhoff, B. [1977] Do those who know more also know more about how much they know? Organizational Behaviour and Human Performance, Vol. 20. 159-183. (1977)


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (95-103)

POLISH STRATEGIC THOUGHT IN SHPING SECURITY POLICY Andrzej Wawrzusiszyn, Ph.D. University of Warmia and Mazury in Olsztyn, POLAND CLE INFO ABSTRACT Inquiry into the origins, essence and meaning of the term strategy dates back to the sixth century BC. Since then there has been an attempt to understand and explain its meaning and specify the place in the system of concepts. History shows that views have changed with the development of social relations, economic development and technological progress. Strategy in its original meaning was the field of martial arts, superior to the others and one of the oldest. Over the decades, it has become a discipline or specialty of martial science, and military science later. The term strategy is currently used in many areas of political, social and economic life. A particular variation is its security strategy, which includes the creation, preparation and use of state capacity to counter any threat to its existence and development. The author analyzes the evolution of Polish strategic thought in shaping national security in turn of the XX and XXI century. ARTICLE INFO Article history Received: 13.11.2014 Accepted 09.12.2014 Keywords security, state, strategy, doctrine, politics, threats

INTRODUCTION Political and military transformations that have taken place in Central and Eastern Europe at the end of the twentieth century not only changed the balance of power in international relations, but also forced the individual countries – including Poland – to introduce an amendment of strategic documents regulating the security of the state in the new conditions. STRATEGIC FROM THE HISTORICAL POINT OF VIEW It is assumed that the origins of knowledge about the strategy in written form dates back to ancient Greece and Rome. There the first theoretical studies appeared, in which attempts have been made not only to describe, but first of all to determine the regularities governing the armed struggle and use them to create the rules and directives

of practical action. At that time defined tasks for strategy have not only pragmatic nature, but focused mainly on the formulation of rules for preparing an army, organization of marches or determining how to conduct battles. The strategy and connected with it strategic knowledge were therefore conceived as a form of generalship art1. Significant impact on the development of strategies have practical war experiences in antiquity. Strategy as a practice was shaped on the base on the experiences of the great leaders of that period:

1

M. Kozub, Myśleć strategicznie o bezpieczeństwie przyszłości, Warsaw 2013, p. 70.

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• •

• • •

Alexander III of Macedon – an outstanding strategist, one of the greatest leaders in the history of warfare2, Hannibal – a great leader, a master of the enemy two-leaf encirclement maneuver3, Scipio African the Younger – Roman leader of the Third Punic War period; thoroughly investigated the cause of victories and defeats4, Julius Caesar – Roman politician, leader, dictator, writer – the author of a study on the conduct of quick war5, Sun Tzu – the most famous Chinese military leader and theorist6, Genghis Khan – the creator and ruler of the Mongol Empire for many years7, Cyrus II the Great – a great leader and an author of the military achievements8.

Mainly thanks to historians we have the knowledge of strategic theory of ancient Greece. In contrast, the Roman strategic thought, is mainly due to the Greeks’ written works. Among the many thinkers this period includes: • Xenophon – Greek historian, philosopher, soldier and military theorist9, • Thucydides – a Greek historian, author of the Peloponnesian War10, • Vegetius11 – a military writer of Roman Empire, the author of compendium of martial arts of ancient Rome12, • Onosandros13 – the author of the work Duties of the Chief describing the quality of good commander, 2

See: P. Cartledge, Aleksander Wielki, Warsaw 2005; K. Bunsch, Aleksander, Cracow 1985. 3 See: S. Lancel, Hannibal, Warsaw 2001. 4 Polibiusz, Dzieje, Wrocław 1957, p. 153-154. 5 See:J. Boheński, Boski Juliusz, Warsaw 2009. 6 See: Sun Tsu, Sztuka wojenna, Warsaw 1994. 7 See: L. Podhorodecki, Czyngis-chan, Warsaw 1991. 8 See: S. Imfoff, A. MacShamhrain, R. Killeen, Historia świata, Warsaw 2001. 9 Ksenofont, Wspomnienia o Sokratesie, [in:] Pisma sokratyczne, Warsaw 1067, p. 122-123. 10 Tukidydes, Wojna peloponeska, Warsaw 1988, p. 391. 11 More: Mała encyklopedia wojskowa, vol. III, Warsaw 1970, p. 215. 12 Słownik wyrazów obcych PWN, Warsaw 1991, p. 926. 13 More: L. Wyszczelski, Teorie wojenne i ich twórcy na przestrzeni dziejów, Warsaw 2009.

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Ammiamus Marcellinus – the author of History in which he presented the historical sources for understanding the strategies of the late Roman period14, Julius Cesar15 – the Roman politician, leader and writer.

The Middle Ages is characterized by regression and stagnation of strategic thinking and the art of war, moreover the wars conducted in this period did not play a significant role in the development of the strategy. The medieval military thought thus became very poor and consequently, there were no significant works. Only Niccolo Machiavelli, Italian lawyer, philosopher and political writer, justified the changes in the art of war and strategy. In his work The Prince, he has redefined the concept of state and politics, which in his opinion should be close to external security, internal peace, stability and level of prosperity16. The modern strategic thought began to form only at the beginning of the eighteenth century, and its development was inter alia the result of increasing complexity of the art of war, the consolidation of the principalities into a single state, or for more intellectual reasons, for example, the interest of civilians in the military issues. In the nineteenth century two leading, as it is believed, theorists of strategy appeared: Prussian General Carl von Clausewitz and Swiss General Henri Jomini. C. Clausewitz in his book On War evaluated deeply the criticism of knowledge of theory of war, including strategies. Great value of this work arises from a thorough and scientific examination of the phenomenon of war and all its conditions. Particular emphasis was placed on the relativity of all theoretical indications and the dominant role of the psyche in the war, moreover, the political background of the war was also formulated17. 14

More: H. Cichocka, Mowy i listy w „Res destan” Ammiana Marcellina, [in:] „Meander” no 30/1975, p. 157-165. 15 More: R. Kuźniar, Polityka i siła. Studia strategiczne – zarys problematyki, Warsaw 2005. 16 Z. Sabak, Strategia. Ewolucja paradygmatu. Konkluzja na XXI wiek, Warsaw 2012, p. 13. 17 V. Galatik, A,. Krảsnỳ, K. Zetocha, Vojenskả strategie, Praha 2008, p. 30.


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H. Jomini is considered to be one of the main founders of modern strategic thinking and strategy. In his work Outline of the Art of War the definition of strategy was presented, which he called the art of bringing the main forces of the army to the most important point of the theater of war18. In the period preceding the First World War and its duration, there were no events noticed that had an important impact on the development and changes in strategic thinking. The Second World War was a test and verification of the number of previous plans and the strategic concepts. First of all, it was a gigantic experience, from which benefited and still are benefiting successive strategists. Strategic thought has incorporated itself into a new form of territorial expansionism, and a situation has appeared in which geopolitics began to set goals for politics, and then politics for strategies19. During the period of the Cold War, international relations were dominated by a number of strategies for the West and the East. War strategies of the West are primarily NATO strategies, mainly based on the American strategic concepts resulting from the assessment of threats to international security. The international communist strategy was mainly based on the doctrine of the Soviet Union, assuming the spread of world Communism, and at the same time the crucial importance of Marxism-Leninism was confirmed as the basis of military strategy. In such a complex politically and militarily world the lively discourses among theorists took place on the role and place of strategy in the present. Particularly active were: British military writer Basil Henry Liddell Hart20 and French General Andre Beaufre21, whose views influenced the perception and the extension of the theory of strategy. Ongoing discussions about the strategy of the analyzed period, were also present in the Polish military thought. The flourishing of strategic thinking can be seen in the work of theorists

18

H. Jomini, Zarys sztuki wojennej, Warsaw 1966, p. 247. R. Kuźniar, Polityka i siła…, op. cit., p. 79. 20 B.H. Liddell Hart, Strategia. Działania pośrednie, Warsaw 1959, p. 433. 21 A. Beaufre, Wstęp do strategii. Odstraszanie i strategia, Warsaw 1968, p. 259-260. 19

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of the interwar period, such as Stefan Mossor22, Stanislaw Franciszek Skibinski23 or RoleArciszewski24. POLISH SECURITY STRATEGIES After World War II, Poland was in the Soviet sphere of influence, and therefore in the Warsaw Pact and the Council for Mutual Economic Assistance. Polish security concepts from the years 1945-1990 can be seen in military doctrine of Polish People's Republic, often referred to as the defensive doctrine. It was developed as a set of views on the military threat of the country, the nature of a possible war and the rules regarding the preparation of the state, the armed forces and the public for its conduct, expressed in concrete projects of a military and non-military character carried out in time of peace and a possible war25. In terms of political and ideological view it was almost the same as was the doctrine of the Warsaw Pact. From the beginning of the political transformation in Poland, one of the most urgent task was to search for a new concept of national security, corresponding to the introduced changes. Defensive Doctrine of Polish Republic26 adopted by the Committee of Defense on 21 February, 1990 became officially in force. In the post-war Polish history this was the first, open document specifying and declaring in public for their own nation, allies and the international community the basic elements of the national defense strategy of the Republic of Poland and at the same time it charted the general policies applying for state defense force, government agencies, businesses, 22 S. Mossor, Sztuka wojenna w warunkach nowoczesnej wojny, Warsaw 1986, p. 203. 23 J. Pawłowski (edited), Słownik terminów z zakresu bezpieczeństwa narodowego, Warsaw 2002, p. 132. 24 S. Rola-Arciszewski, Sztuka dowodzenia na zachodzie Europy, Warsaw 1934, p. 45. 25 More: B. Chocha, J. Kaczmarek, Wojna i doktryny wojenne, Warsaw 1980; B. Chocha, Wybrane zagadnienia doktryny obronności PRL, „Myśl Wojskowa” 1968, no 10; F. Skibiński, Wojna, „Myśl Wojskowa” 1968, no 12; J. Pawłowski (edited), Słownik terminów z zakresu bezpieczeństwa …, op. cit.; A. Fałkowski, Pecunia nervus belli. Kształtowanie budżetu obronnego Polski, Warsaw 1998; F. Puchała, Sekrety Sztabu Generalnego pojałtańskiej Polski, Warsaw 2011. 26 See: M. P. no 9, item 66 from1990.

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community and professional organizations and every citizen. The Doctrine states that the overall Polish goal is the survival of state and nation. Furthermore, security policy was to be implemented on the basis of full sovereignty and territorial integrity. As a result of major events in Europe, on 2 November 1992 the National Defense Committee adopted two more documents important for security policy: Assumptions of Polish Security Policy and Polish Republic Security Policy and Defense Strategy. Assumptions of Polish Security Policy defined the basic principles of our country's policy in the field of internal and external security. It was considered that the Atlantic Alliance remains an essential factor for political stability and peace in Europe, and Poland supports the presence of American troops on the continent. The strategic Polish goal was to become a member of NATO and the Western European Union as a fundamental pillar of the European system of collective security. In the field of internal security the problem of the growth of internal threats (political and socio-economic) was undertaken as it significantly weaken the structure of the state and increase its vulnerability to external pressures27. The document was dealing with an issue of threats characterization indicating their political, socio-economic and ecological background, which weaken the state and increase its sensibility to external pressures and infiltration. The primary means of countering these threats is the maximum stimulation of the transition process and shortening the transition period. Polish Republic Security Policy and Defense Strategy adopted in 2000 focuses on establishing the basics of Polish security policy, risks and challenges assessment and identification of the types of activity and instruments for the implementation of this policy. It also defines the base of the defense strategy, which has been further developed in a separate document. The Strategy sets out the strategic objectives of Polish security policy, including among them: 27

More: S. Koziej, Założenia polskiej polityki bezpieczeństwa oraz polityka bezpieczeństwa i strategia obronna Rzeczypospolitej Polskiej, Internet course book, Warsaw/Ursynów 2008, www.koziej.pl, access: 18.IX.2014.

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• • •

ensuring the independence, sovereignty, territorial integrity of the state, ensuring the protection of democratic constitutional order, establishing the best conditions for a comprehensive and sustainable social and economic development of the country, contributing to building a sustainable, just and peaceful order in Europe and in the world.

According to these objectives the basic principles of Polish security policy are clarified as follows: • regarding safety as a complex of variety political, military, economic, social, environmental, energy and other factors, • fulfilling security policy in accordance with the Constitution of the Republic of Poland, the purposes and principles of the UN Charter and OSCE documents, • directing according to the values, ideals and principles of the North Atlantic Treaty and the European Treaties, • implementing national security interests in the framework of the North Atlantic alliance system of cooperation and solidarity, • using force in the international arena only as the fulfilment of the right to defense, enshrined in the Charter of the United Nations28. In the section devoted to threats there are: the existence of an excessive concentration of military capabilities in certain regions, the proliferation of mass destruction weapons, economic risks (energy security issues), the danger of new divisions in Europe, uncontrolled cross-border migration, environmental hazards, terrorism and organized crime, information security issues and the activity of foreign special services. Implementation of Polish security policy is included in strategy as four types of activities which are national actions, integration with Western security structures, involvement in internation28

Ibidem.


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al activities to resolve a dangerous situation by active participation in international security processes carried out by the UN, the OSCE, cooperation with other international entities to strengthen international stability and security29. At the beginning of the XXI century security environment has fundamentally changed in the world. Security threats have undergone a significant reassessment and new, dangerous varieties appeared. A terrorist attack on the United States on 11 September 2001 became a spectacular event, which forced the majority of countries, including Poland, to redefine their security strategy. The need to adopt a new security strategy resulted not only from the large scale and dynamics of changes in the international situation after 2001. There have always been new challenges and threats, as well as changes in security conditions. The new document, National Security Strategy of the Republic of Poland, was adopted at a meeting of the Council of Ministers on 22 July 2003, and the President signed it on 8 September 2003. The new Strategy treats national security as a category covering all aspects and areas of national security: external and internal, military and civilian. This is the appropriate response to the changes that have taken place in the security environment in the recent years. Undoubtedly, the most characteristic feature of security is the blurring of sharp boundaries and merging of various phenomena in the sphere of security30. National Security Strategy of the Republic of Poland confirmed the basic objectives of national security policy adopted in previous policy documents, emphasizing that they are invariably connected with the protection of the sovereignty and independence of the Republic of Poland, maintaining the inviolability of borders and territorial integrity of the country. The Strategy assumed that state policy should serve to ensure the safety of Polish citizens, human rights and fundamental freedoms, democratic order in the country, crea29

Ibidem. More: S. Koziej, Strategie bezpieczeństwa narodowego Rzeczypospolitej Polskiej z 2003 i 2007 roku, Internet course book, Warsaw/Ursynów 2008, www.koziej.pl, access: 21.IX.2014.

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tion of undisturbed conditions for civilization and economic development of Poland and the prosperity of its citizens, the protection of national heritage and national identity, the implementation of alliance commitments, as well as defending and promoting the interests of the Polish state. Such an understanding of national security policy was to provide appropriate levels of security, based inter alia on NATO guarantees31. The Strategy points to new threats, particularly dangerous for the international system as well as the Polish raison d'etat. They are: organized international terrorism, uncontrolled proliferation of mass destruction weapons and their means of delivery, unpredictable politics of authoritarian regimes, international organized crime, increasing potential threat that foreign special services, as well as terrorist groups or extremist may attempt to gain unauthorized access to classified information, the risks in the area of IT communication, economic, energy, environmental and demographic risks. In the scope of countering new threats to the security of the state Strategy determines the list of tasks for state services, including the armed forces and the intelligence services. It emphasizes the growing importance of the sphere of internal security, which is created by all public authorities and other social and economic players, performing tasks in the field of security and defense. National Security Strategy of 2003 was an important and necessary document. However, it should be noted that at the strategic and theoretical dimension were almost full implementation of the EU's perception of the threat to Polish security strategy32. The Council of Ministers adopted a new National Security Strategy of the Republic of Poland on 5 November 2007, and the President signed this document on 13 November 2007. At the beginning of the document a new approach 31 M. Kulisz, Analiza procesu planowania strategicznego bezpieczeństwa Polski w latach 1990-2007, „DOCTRINA Studia Społeczno-Polityczne”, no 5, 2008, p. 6. 32 More: A. Podolski, Polska Strategia Bezpieczeństwa Narodowego jako praktyczna implementacja Europejskiej Strategii Bezpieczeństwa – między teorią a praktyką, „Raporty i Analizy”, no 1/05, Warsaw 2005.

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to the issues of national security may be noticed. It defines national interests and formulates strategic objectives in accordance with the Constitution of the Republic of Poland. At the same time it ensures that National Security Strategy of the Republic of Poland is correlated with allied strategies: Strategic Concept of NATO and the European Security Strategy33. In the first chapter national interests that arise from the fundamental and unchanging Polish values are formulated. Their implementation is for the state and its citizens paramount need. They are presented in three groups: • vested interests of the Republic of Poland – determining the guarantee of the survival of the state and its citizens, • important interests of the Republic of Poland – ensuring sustainable and balanced economic and civilization development of the country, • essential interest of the Republic of Poland – associated with the desire to ensure the strong international position of the state34. Special attention deserves a catalog of strategic objectives, arising from the security interests of the Republic of Poland. It contains the following objectives: to ensure the independence and territorial integrity of the Republic of Poland, to create conditions for economic and civilization development, to ensure the constitutional freedoms of human beings and citizens, to develop actively the relations in the international environment, to ensure the safety, protection and care of Polish citizens outside the country, the protection of the spiritual and material heritage, environmental protection, to ensure wide access to information, to raise the level of national education35. The second chapter analyses the characteristic features of national security pointing out that on the security of Poland is influenced mainly by phenomena and processes in region, Europe, and in the frame of Euro-Atlantic Community. The challenges for security were listed:

• • • • •

In the third chapter of the Strategy it is claimed that the condition for the achievement of strategic objectives is the use of entire range of available instruments and activities of political, economic, military and diplomatic character, and maximum opportunities of Polish membership in NATO and the European Union and the partnership with the United States. The fourth chapter of the Strategy is devoted to national security system. It was considered to be an urgent task to build an efficient, effective and well-organized system of national security of Poland as fully integrated, coherent and ordered totality37. It should include all the entities responsible for security according to the Constitution of the Republic of Poland and relevant laws, authorities and institutions belonging to the legislative, executive and judicial authorities, including Parliament, the President of the Republic of Poland, the Council of Ministers and central government bodies. Important elements of the national security system are the armed forces and the departments and government agencies committed to preventing and countering external threats, ensuring public safety, salvage and protection of people and property in emergency situations, as well as local authorities and other legal entities, including entrepreneurs creating industrial and defense potential. According to the Strategy National Security System is composed of: • management subsystem – specialized in the field of security forces and measures of the state (diplomatic, military, intelligence, counter-intelligence, police, firefighters, border guards, emergency services etc.)

33

See: Strategia Bezpieczeństwa Narodowego Rzeczypospolitej Polskiej, Warsaw 2007. 34 Ibidem. 35 Ibidem.

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demographic changes in Poland, increasing differences in prosperity and living standards of citizens, the necessity to complete the transformation of the Polish legal system, the weakness of Polish infrastructure, lack of diversification of energy supplies36.

36 37

Ibidem. Ibidem.


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executive subsystems – the remaining elements of the state structure.

National Security Strategy of the Republic of Poland is the first document of such importance, which integrates national security in a substantive way. A shortcoming of the Strategy may be the concept of document: criteria for the allocation of security and the relationship between different areas. New problems that could quickly become a threat to the proper functioning of states and societies began to appear with the passage of time, both in the world and in the Polish surrounding. In order to take into account the potential risks and challenges, an effort was undertaken to develop a new concept of security. In 2009 the new rules of development of policy were adopted by the Council of Ministers and allowed for the change in the current approach to national security policy and the connection of it to the politics of socio-economic development. The Resolution of the Council of Ministers on 9 April 2013 adopted a new Strategy for the Development of the National Security System of the Republic of Poland 202238, which results from Strategic Review of National Security39 and the proposals contained in the White Book on National Security of the Republic of Poland40 of 2013. The document consists of five framework chapters describing: a diagnosis of the national security system, the challenges, the development trends and the vision of development of the national security system of the Republic of Poland, goals of strategies and directions for intervention, the system implementation strategy and financial framework of strategy. It also includes an introduction, a bibliography and a list of abbreviations, while annex presents a report on the public consultation of draft strategy. The Strategy was correlated with key strategic documents of NATO and the Euro38 See: Strategia rozwoju systemu bezpieczeństwa narodowego Rzeczypospolitej Polskiej 2022, BBN, Warsaw 2013. 39 Strategiczny Przegląd Bezpieczeństwa Narodowego. Główne wnioski i rekomendacje dla Polski, BBN, Warsaw 2012. 40 White Book on National security of the Republic of Poland, BBN, Warsaw 2013.

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pean Union in the field of security – Strategic Concept of NATO and the European Security Strategy41. It was developed in connection with socio-economic policies of the country and based on the methodology for implementation of contained plans. The first chapter presents the diagnosis of the national security system by focusing on internal and external conditions. Polish security environment was evaluated with the emphasis on the proper use of the opportunities arising from our membership in international organizations. Challenges, development trends and the vision of the national security system of the Republic of Poland constitute the second chapter of the Strategy. It is expected that the optimization of power and national security measures would mean the effective use of the potential present in the defense system of the state and crisis management system. The vision of the security system development assumes that by 2022 Poland will be a country with a high level of security, actively creating the foreign policy and with modern national defense and effective special services at its disposal42. The third chapter of the Strategy refers to the objectives and directions of intervention. The main objective is to strengthen the effectiveness and coherence of national security system, which should be able to identify and eliminate the sources, manifestations and consequences of threats to national security. Effectiveness is achieved by increasing the efficiency of the essential elements of the national security system, consistency – by increasing integration between public policies and security policy and the strengthening of cooperation and coordination, and finally achieving the integration within the national security system. The fourth chapter discusses the system of implementation of assumptions included in the Strategy. The task areas are specified as well 41 Koncepcja strategiczna NATO (adopted at the NATO summit in Lisbon on 19 November, 2010), Bezpieczna Europa w lepszym świecie. Europejska Strategia Bezpieczeństwa (adopted at a meeting of the heads of government in Brussels on 12 December, 2003). 42 See: Strategia rozwoju systemu bezpieczeństwa narodowego Rzeczypospolitej Polskiej 2022, op. cit.

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as the main bodies responsible for their implementation. The basis of monitoring the implementation of the objectives is the system of indicators that will serve the analytical and evaluative activities. The strategy will be periodically updated, at least once every four years. The coordinator of the implementation of the Strategy is the Minister of National Defense43. The fifth chapter is the financial framework of the Strategy reflecting the scope of public funds allocated to the stated objectives. Financing in the area of defense will be realized through the use of funds from the state budget. It is estimated that the Strategy for the Development of the National Security System of the Republic of Poland 2022 was written in a positive spirit44. However, the financial crisis of recent years has meant that some assumptions will have to be postponed. SUMMARY Changes in the Polish political – military environment forced the need to amend the design and security strategy. The need for the adoption of new, more appropriate strategies resulted not only from the large scale dynamics and the evolution of international situation of the turn of the century. There were always new challenges and threats, changing also safety conditions. A new context for Polish policy has created entry to the European Union. NATO expanded and change itself developing at the same time the cooperation with our Eastern neighbors – Russia and Ukraine. Important lessons for international and national security have also arisen with the Afghan and Iraqi conflicts and other international crises. All this has led to the adoption of a new security strategy in 2003, then in 2007 and forced another amendment in 2013.

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

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

14.

15.

16.

17. 18. 19.

20. 21. 22. 23. 24.

REFERENCES: 1.

Beaufre A., Wstęp do strategii. Odstraszanie i strategia, Warsaw 1968.

25. 26. 27.

43

Ibidem. See: P. Soloch, Uwagi do diagnozy systemu bezpieczeństwa zawartej w „Strategii rozwoju systemu bezpieczeństwa narodowego Rzeczpospolitej Polskiej 2022” (SRSBN RP), Instytut Sobieskiego, no 58, 25 October 2013.

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28. 29.

Biała Księga Bezpieczeństwa Narodowego Rzeczypospolitej Polskiej, BBN, Warsaw 2013. Boheński J., Boski Juliusz, Warsaw 2009. Bunsch K., Aleksander, Cracow 1985. Cartledge P., Aleksander Wielki, Warsaw 2005. Chocha B., Kaczmarek J., Wojna i doktryny wojenne, Warsaw 1980. Chocha B., Wybrane zagadnienia doktryny obronności PRL, „Myśl Wojskowa” 1968, no 10. Skibiński F., Wojna, „Myśl Wojskowa” 1968, no 12. Cichocka H., Mowy i listy w „Res destan” Ammiana Marcellina, [in:] „Meander” no 30/1975. Fałkowski A., Pecunia nervus belli. Kształtowanie budżetu obronnego Polski, Warsaw 1998. Galatik V., Krảsnỳ A., Zetocha K., Vojenskả strategie, Praha 2008. Imfoff S., MacShamhrain A., Killeen R., Historia świata, Warsaw 2001. Jomini H., Zarys sztuki wojennej, Warsaw 1966. Koziej S., Ewolucja bezpieczeństwa narodowego Rzeczypospolitej Polskiej w latach dziewięćdziesiątych XX wieku, Warsaw/Ursynów 2008. Koziej S., Strategia Bezpieczeństwa i Obronności Rzeczypospolitej Polskiej po wstąpieniu do NATO, Warsaw/Ursynów 2008. Koziej S., Strategie bezpieczeństwa narodowego Rzeczypospolitej Polskiej z 2003 i 2007 roku, Warsaw/Ursynów 2008. Koziej S., Założenia polskiej polityki bezpieczeństwa oraz polityka bezpieczeństwa i strategia obronna Rzeczypospolitej Polskiej, Warsaw/Ursynów 2008. Kozub M., Myśleć strategicznie o bezpieczeństwie przyszłości, Warsaw 2013. Ksenofont, Wspomnienia o Sokratesie, [w:] Pisma sokratyczne, Warsaw 1967. Kulisz M., Analiza procesu planowania strategicznego bezpieczeństwa Polski w latach 1990-2007, „DOCTRINA Studia Społeczno-Polityczne” no 5, 2008. Kuźniar R., Polityka i siła. Studia strategiczne – zarys problematyki, Warsaw 2005. Lancel S., Hannibal, Warsaw 2001. Liddell Hart B.H., Strategia. Działania pośrednie, Warsaw 1959. Mała encyklopedia wojskowa, vol. III, Warsaw 1970. Mossor S., Sztuka wojenna w warunkach nowoczesnej wojny, Warsaw 1986. Pawłowski J. (edited), Słownik terminów z zakresu bezpieczeństwa narodowego, Warsaw 2002. Podhorodecki L., Czyngis-chan, Warsaw 1991. Podolski A., Polska Strategia Bezpieczeństwa Narodowego jako praktyczna implementacja Europejskiej Strategii Bezpieczeństwa – między teorią a praktyką, „Raporty i Analizy”, no 1/05, Warsaw 2005. Polak A., Joniak J. (edited), Sztuka wojenna, Warszawa 2014. Polibiusz, Dzieje, Wrocław 1957.


SECURITY DIMENSIONS 30. Puchała F., Sekrety Sztabu Generalnego pojałtańskiej Polski, Warsaw 2011. 31. Rola-Arciszewski S., Sztuka dowodzenia na zachodzie Europy, Warsaw 1934. 32. Sabak Z., Strategia. Ewolucja paradygmatu. Konkluzja na XXI wiek, Warsaw 2012. 33. Słownik wyrazów obcych PWN, Warsaw 1991. 34. Soloch P., Uwagi do diagnozy systemu bezpieczeństwa zawartej w „Strategii rozwoju systemu bezpieczeństwa narodowego Rzeczpospolitej Polskiej 2022” (SRSBN RP), Instytut Sobieskiego, no 58, 25 October 2013.

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35. Strategia Bezpieczeństwa Narodowego Rzeczypospolitej Polskiej, BBN, Warsaw 2007. 36. Strategia rozwoju systemu bezpieczeństwa narodowego Rzeczypospolitej Polskiej 2022, BBN, Warsaw 2013. 37. Strategiczny Przegląd Bezpieczeństwa Narodowego. Główne wnioski i rekomendacje dla Polski, BBN, Warsaw 2012. 38. Sun Tsu, Sztuka wojenna, Warsaw 1994. 39. Tukidydes, Wojna peloponeska, Warsaw 1988. 40. Wyszczelski L., Teorie wojenne i ich twórcy na przestrzeni dziejów, Warsaw 2009.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (104-108)

FORMATION OF EXPERT INSTITUTIONS IN UKRAINE Assoc. prof. Roman Zayats, Ph.D. First Deputy Head police colonel, DNDEKTS Internal Affairs of Ukraine, UKRAINE ICLE INFO ABSTRACT This paper examines the history of a system of peer institutions in Ukraine. Expert Service is part of the expert support crime investigation and administration of justice in Ukraine, organizational structure which is enshrined in law. ARTICLE INFO Article history Received: 03.11.2014 Accepted 10.11.2014 Keywords expert service, citizen, forensics, network forensic institutions, research centers

INTRODUCTION The importance of ensuring combat crime scientific achievements of the various disciplines, including forensic understood by scientists and practitioners as one of the main factors of improvement activities to investigate crimes. Successful completion of this task are the specialized research institutions forensic focus. Thus, in 1946 was established Research Institute of Criminalistics Office of Chief Police Soviet Union, which in 1950 due to the expansion of its functions called the Research Institute of Police [1, p. 29]. ANALYSIS OF RECENT RESEARCH. In 1951 at the Ministry of Internal Affairs of USSR NTV was established forensic museum, which became the center continue teaching work of criminology in the Republic [2, p. 16]. In November 1957 in. Kyiv hosted a scientific conference of the Research Institute of Ministry of Interior of Ukraine, which identified the main function of the activities of expert scientific and technical departments of the Interior and outlined ways to improve it. 104

By the end of 50 years in law enforcement agencies has developed an extensive network of forensic institutions that perform functions for the expertise and practical assistance provided by qualified investigative units to conduct some investigation and search operations in the dissemination of forensic knowledge among law enforcement officers, the compilation and dissemination of best practices of expert activities, training of highly qualified personnel criminologists. In the period 1960 - 1980's Institute of the USSR Ministry of criminology was a multidisciplinary research center that provided the conduct and coordination of research on criminology. Creating a system of the Service chronologically Ukraine can be attributed to 1945, when the Police Department Operations Division Ministry of Internal Affairs of the USSR was created by science and technology department. THE MAIN MATERIAL. Today the Interior Ministry of Ukraine has a network of expert forensic units. In every


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regional and city police department operate Forensic units (department, division, group), and the Ministry of Internal Affairs of Ukraine - State Research Forensic Centre. Expert Service MIA is integral to the provision of expert investigation of crime and the administration of justice in Ukraine, organizational structure which is enshrined in law. Specificity of expert police units Ukraine is primarily in extreme close up of the process of investigating crimes, namely forensic expert MIA directly cooperate with the inquiry or investigation, part of the investigative team who leaves the scene. Forensic units MIA performing almost all kinds of forensic, fingerprint, handwriting, avtoroznavchu, ballistic, technical examination of documents trasological, fototehnichnu and portrait; other classes of forensic examination, explosive and technical materials of substances and products, technical and medicalbiological, soil science, economic and commodity, studies using DNA analysis, specific to institutions expertise Man and MOH of Ukraine [3, p. 8; 5]. In practice, the most common crime investigation directly related to personal identification is fingerprint research. Tangible results in the investigation achieves using fingerprint records. To improve the situation, using the accumulated fingerprint Employees ECS implemented automated fingerprint systems "DAKTO 2000", "Sondhi-6" [4, p. 7, 13]. Development of new technical and forensic tools requires appropriate methods of u-tion. The effectiveness of Addis depends primarily on the quality of detection and recording traces fingers. In this regard, experts DNDEKTS processed and summarized international experience and research revealing traces of fingers. Much attention is paid to development professionals ECS complex physical, chemical, biological, genetic and other studies. Recently, examination of traces of biological origin have been further developed, which is associated with the use of genetic and molecular biological research methods that allow you to identify traces of the individual. The major development in the field of forensic research is the method of

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identification, Based-tion on DNA analysis a method of DNA analysis. Active development becomes an expert introduction to the practice of techniques hazohroma-tohrafichnoho research that has been successfully used in the study of petroleum products and lubricants. In 2000 began working odorolohichna lab NDEKTS at MIA of Ukraine Vinnytsia region, and from April 2001 resumed its work odorolohichna lab NDEKTS at MIA of Ukraine in Zhytomyr region. One of the most common types of crime is now a crime involving the use of explosives, and only in the MIA of Ukraine operates a special unit - vybuhotehnichna service. The new service development specialists apply the technique of case studies based on the results of explosions to simulate the situation of the scene to an explosion, the reconstruction method of explosives, carried out on the basis of evidence of the impact of the explosion to the surrounding environment and existing remnants of the destroyed devices. In the development of urgent and promising areas of recognized need to develop highly instrumental methods of research (henoskopiyi, fonoskopiyi, liquid chromatography); research in the fields of high technology, a comprehensive study of counterfeit goods, examination of software and hardware computer technology and more. December 27, 1950 the Ministry of Justice of the Ukrainian SSR approved the new Regulation on the Research Institute, forensic examination. According to the Regulations, the task of institutions other than the development of new methods of research evidence, included the development of the theory of criminology and forensic examination. In Kiev Research Institute of forensic examination conducted research into new areas of theory and practice of forensic examination, examination of the use of radioactive isotopes, research methodology hacking tools and instruments used in the commission of crimes, damaged texts, written in block letters and special fonts are investigated the question of forensic document security, theory and expert forensic identification experiment. In the development of these areas involved employees 105


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of the institute VK Lysychenko, SA Tsypenyuk, MJ Sega, LK Litvinenko, IJ Friedman, V. Berger, BR Kyrychinskyy, MG Bogatyrev, MN Zyuskin et al. March 7, 1962 the Ministry of Justice of USSR adopted a new regulation on the research institutions of legal expertise that functioned on the territory of Ukraine. The decision involved a provision for research institutes, in addition to a peer, scientific and technical work, maintenance work related to the generalization of expert practice. Since then, a new phase in the work of the Kiev Research Institute of Forensic Expertise. In the 1960-1966 biennium. Institute staff participate in scientific conferences in cities such as Moscow, Leningrad, Odessa, Kharkov, Tashkent, Minsk and other capitals of the republics of the Soviet Union. In advanced scientific conferences Ukrainian Scientific Society forensic and forensic institute staff read 86 reports, all in the postwar period to the end of the 60s held forty conferences, which were read by more than 200 reports. Proceedings forensic scientists of the Institute are published in the annual edition of the republican interdepartmental collection of scientific and methodical works "Criminalistics and forensic evidence." Being active Dissertations and research work of graduate students and staff of the Institute. The Institute conducted research work in the field of forensic identification methodology and forensic prevention. During the period from 1970 to 1980 academic staff of the Kiev Institute of fully solved the problem of forensic documents were printed using a typewriter. In the 80 years the Institute has developed and put into practice methods of expert studies using laser systems and devices, as well as the technique of the forensic examination videofonohrafichnoyi. In Kiev Institute is actively being developed with the use of expert practice highly physical and physico-chemical methods of physical evidence in order to establish the nature of matter, the total group membership and a common source of origin; polarographic method of installation of heavy metals by laser, ultraviolet and infrared spectroscopy, gas hromotohrafichnyh methodology of analysis 106

of potent drugs. Group of scientists of the Institute developed and published in 1979 a quantitative method of structural-group analysis to determine the amount of oil in objects coming to study in small quantities. At the end of 80 years there have been changes in the structure of the Institute, associated with the expansion of its expert functions. In 1988 a laboratory forensic commodity, construction and technical studies, and in April 1990 - Laboratory of Forensic Economic Research. In addition to expert research staff of the Institute as specialists continued visits to the scene, as the experts involved in the trials, conduct seminars and lectures appear before investigative and judicial employees. Kiev Institute conducted training of prosecutors-criminalists to improve their professional skills in the field of forensic examinations. In the postwar period until 1990, researcher at the Institute was published more than 1,200 books and articles that highlighted all the issues over which at that time was working institution, reserved 2 doctoral and 30 master's theses, more than 100,000 forensic examinations. Throughout its existence, of the Kyiv Research Institute of Forensic Expertise and provide a great help prosecutor's investigative and judicial authorities in their daily fight against crime, on the instructions of the staff investigation departments and courts to conduct expert studies, using the latest scientific and technological means and thereby contribute to the establishment of the truth in criminal cases. Today Kyiv Research Institute of Legal Expertise incorporates the Department of the problems of criminology and forensic examination and laboratory. Also in Kiev NDISE judicial sector is fire and Technical Research and the Department of Mathematical Modelling and automation of expert studies. Work Kharkiv Research Institute of Legal Expertise is characterized by the following factors: mid-50's his staff had done a number of papers on theoretical problems of criminology and forensic examination. In 1952 Kharkiv NDISE spent recording and analysis methods of forgery,


SECURITY DIMENSIONS

and in 1953, on the instructions of the Ministry of Justice of the USSR, the staff of the Institute held in all institutions and laboratories forensic examination registration methods forgery in cases of theft of state and public property, where as a means of making or concealing stolen used different documents, which meant further forensic studies [2, p. 11-12]. In 1960 for the examination in cases of violation of traffic safety at the institute was established department of forensic studies, in which examined was the issue of the general methods of examination and problems with tainted research braking systems of motor vehicles. Employees of the Institute continues to actively participate in scientific conferences, where present papers on methods of crime investigation, research writing, handwriting, and more. Certain place in the scientific work of the Institute holds the development, construction and improvement of instruments and appliances used in the study of physical evidence seized from the scene. Were made following devices: for rolling balls in fusible metal; for optical scanning balls and other cylindrical surfaces; to detect traces of papillary patterns using radioactive formaldehyde trasohraf, proof filter for color photography, shell for fixing bore traces of smooth-bore hunting weapon, a device for determining the authenticity of the coins and others [5, p. 53]. In January 1967 at the Kharkov Institute was established academic council, which has developed a plan of research work of the expert institution. The plan provided for the preparation of theses and staff of the Institute through the development of current issues of judicial Questioned document examination, technical research documents trasologii, forensic ballistics, tactics of a series of investigative actions involving the use of scientific techniques and tools as well as specialized knowledge [5, p. 54]. Since the late 60's - early 70's at the Kharkov NDISE studies on the possibility of using advances in forensic electronics, cybernetics, vokaloskopiyi, crystal optics, mathematical

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linguistics and other natural and technical sciences. In addition to expertise, employees of the institute assist law enforcement authorities in the place where, in the conduct of individual investigations to detect and fix physical evidence and traces of the crime, act as experts trials, provide written and oral advice investigators and court staff on that are the responsibility of the institute, and the amount of such work is increasing every year. Over the years, the institute performed more than 130 thousand. Expert surveys. Make up the largest percentage of forensic examination, such as handwriting, technical examination of documents trasological, ballistic and others. Performed reviews of research materials, substances and products, fibers, paints and lubricants, drug raw materials, metals and their alloys. An increasing number of biological, technical, economic and commodity expertise, especially in construction and engineering, accounting, according to the vehicles. Recently annually held 8-9 thousand examinations, of which over 40% is made using a computer. Great importance was given to the institute and given to research work. Kharkiv Institute is actively involved in the design and implementation of automation in activities forensic institutions in Ukraine. Measures are taken in automation jobs Institute staff, are banks and databases, automated retrieval systems for certain types of forensic examinations. In addition, Kharkiv Research Institute of Forensic Expertise has its branches in. Dnipropetrovsk, which serves south-western area of the left-bank Ukraine and Crimean Branch, located in the city. Simferopol. These departments perform all forms of crime and some forensic examinations. December 30, 1950 the Council of Ministers of the USSR, it was decided to reorganize the Odessa NDISE, and the Institute was founded Odessa forensic research laboratory, which in October 1963 changed its name to Odessa research laboratory forensic examination. During this period, the laboratory staff are actively involved in improving existing and 107


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developing new machines that are used during the expert examination. In 1995 Odessa laboratory was reorganized into the Research Institute of Forensic Expertise. At this time, the Odessa Institute, law enforcement bodies and courts Odessa, Nikolaev, Kherson and Kirovohrad regions providing all kinds of forensic examinations, including avtotehnichni, chemical and biological expert studies. In the Odessa Institute of forensic experts specialize in the following sections: pocherkoznavtsi, trasolohy-Ballista, experts in physical and technical research methods, experts in chemistry and biology and experts vehicles. In addition to expert practice, Odessa Institute, as well as other expert institutions Ukraine, conducts research and teaching work. Structure Odessa Research Institute of forensic examination is the same as Kiev and Kharkov Institute. In September 1968 in the city. Lviv was founded Lviv branch of the Kiev Research Institute of Forensic Expertise, which provided assistance to law enforcement agencies and courts Lviv, Volyn, Rivne, Ternopil, Transcarpathian, and later - Ivano-Frankivsk and Chernivtsi regions in the investigation committed crimes. In 1995 the Lviv branch of the Kiev NDISE was transformed into an independent research institute. The primary task of the Lviv Institute is to conduct examinations for criminal and civil cases designated law enforcement and judges vyschevkaza, the regions of Ukraine. One of the activities of the institute at the present stage of its development is the use of the latest achievements of science and technology in the practice of collecting, researching sources of evidence-based information, in particular, by vacuum deposition of metals to identify uncertainty-dymyh traces on physical media. Lviv Institute as an independent scientific expert structural unit not only provide expertise on criminal and civil cases, but also actively involved in research work. In 1995 in Donetsk, in order to conduct expert studies for law enforcement south-eastern 108

regions was established five research institute of forensic examination, and in 2002 - Crimea and Dnepropetrovsk, which currently are under development, and their organizational structure is formed almost along the lines of other institutions operating in Ukraine. CONCLUSION Current status of special forensic expertise in Ukraine, the focus of which is expert institutions, enables many issues in the collection and study of evidence-based information. Expanded capabilities of traditional forensic examinations to establish gender, age, musician instrument with a laser, computer, holographic technology, microscopic study. Being introduced new expertise: soil science, biological and environmental. Methods entomological studies to establish times of death, the theoretical foundations of the judicial vybuhotehnichnoyi expertise. Established a special laboratory for the study and the methods of forensic holography. Systematized and asked for practical use target collections covering tactical and instructional techniques and tools for investigating crimes.

REFERENCES: 1. Іщенко А.В., Красюк І.П., Матвієнко В.В. Проблеми криміналістичного забезпечення розслідування злочинів: Монографія. – К., 2002. 2. Тихенко С.И., Лисиченко В.К. Развитие криминалистики в Украинской ССР за 50 лет Советской власти // Криминалистика и судебная экспертиза. – К., 1967. – Вып. 4. – С. 734. 3. Красюк І.П. Експертна служба МВС України сьогодні // Криміналістичний вісник: Наук.практ. зб. / ДНДЕКЦ МВС України; НАВСУ. – 2004. – № 2(2). – С. 5-11. 4. Сегай М.Я., Кобзар С.І. Онтологічні передумови формування слідів рук та гносеологічні аспекти їх криміналістичного дослідження // Криміналістичний вісник: Наук.-практ. зб. / ДНДЕКЦ МВС України; НАВСУ. – 2004. – № 2(2). – С. 11–16. 5. Колмаков В.П. Харьковский научноисследовательский институт судебной экспертизы на службе социалистического правосудия // Криминалистика и судебная экспертиза. – К.,1967. – Вып. 34. – С. 53-57. 6. Цимбал М. Судова експертиза у світлі нових видів досліджень: актуальні питання //Право України. – 2004. – № 5. – С. 72-76.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (109-116)

ОСОБЕННОСТИ ПРОВЕДЕНИЯ ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ ПРИ РАССЛЕДОВАНИИ КРУШЕНИЙ И АВАРИЙ НА ЖЕЛЕЗНОДОРОЖНОМ ТРАНСПОРТЕ ПО ЗАКОНОДАТЕЛЬСТВУ УКРАИНЫ

PECULIARITIES OF AN INSPECTION OF A SCENE OF AN ACCIDENT DURING INVESTIGATIONS OF ICLE INFO AND ACCIDENTS AT RAILWAY TRANSPORT ACCORDING TO THE LEGISLATION OF C RASHES UKRAINE Ирина Басистая, доктор юридических наук [assoc. prof. Irina Basysta, Ph.D.] Прикарпатский факультет Национальной академии внутренних дел Украины

ВВЕДЕНИЕ ABSTRACT Во время расследования уголовных правонарушений данной категории для следователя чрезвычайно важно правильно оценить ситуацию на месте и выработать определенный алгоритм собственной деятельности. Ведь по результатам проведённого нами изучения статистических данных и материалов уголовных производств (дел) установлено, что за последние три года значительное количество уголовных дел (производств) на Украине закрыто на различных основаниях, в частности в 2011 году из зарегистрированных 88 материалов по признакам преступления, предусмотренного ст. 276 УК Украины, закрыто производством - 5, направлено в суд - 67. В 2012 году из 53 зарегистрированных материалов по признакам преступления, предусмотренного ст. 276 УК Украины, закрыто производством - 13, направлено в суд - 71. А в 2013 году эти показатели существенно ухудшились, так из зарегистрированных 237 материалов по признакам преступления, предусмотренного ст. 276 УК Украины, закрыто производством - 1429, направлено в суд 11 уголовных производств1. Исходя из этого, своевременным и необходимым является концентрация внимания учёных на ключевых аспектах проблематики, выработке механизма усовершенствования действующего законодательства и алгоритмов с целью оптимализации деятельности практических работников. During investigations of criminal offences of this category it is extremely important for an investigator to have proper access to the scene of an accident and to develop their own algorithm of work. According to the results of our study of the statistical data and materials of criminal proceedings (cases), we have found out that a lot of criminal cases in Ukraine were closed for various reasons for the past three years. In particular, there were registered 88 cases according to the constituent elements of offence, provided for in Art. 276 of the Criminal Code of Ukraine in 2011. There were 5 cases closed by procedure, and 67 ones taken to courts. In 2012, there were registered 53 cases according to the constituent elements of offence, provided for in Art. 276 of the Criminal Code of Ukraine. 13 of them were closed by procedure, and 71 cases were taken to court. And in 2013, the rate got worse since out of 237 registered cases according to the constituent elements of offence, there were 1429 closed by procedure and 11 ones taken to courts. Taking into consideration these data, it is timely and necessary to update scholarly attention to the key aspects of the issues, to develop the mechanism of improving current legislation and the algorithms for the proper functioning of investigators. ARTICLE INFO Article history Received: 07.11.2014 Accepted 25.11.2014 Ключевые слова Keywords расследование уголовных правонарушений, следователь, алгоритм собственной деятельности, версия, следственное (розыскное) действие, авария, крушение, железнодорожный транспорт investigation of criminal offences, investigator, algorithm of one’s work, version, investigation, accident, crash, railway transport

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Ирина Басистая ОСОБЕННОСТИ ПРОВЕДЕНИЯ ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ ПРИ РАССЛЕДОВАНИИ

Алгоритм деятельности, в первую очередь, включает производство следователем следственных (розыскных) действий, направленных на получение (сбор) доказательств или проверку уже полученных доказательств в конкретном уголовном производстве. Следователь в силу требований статьи 223 УПК Украины должен придерживаться следующих требований, в частности: -основаниями для проведения следственного (розыскного) действия является наличие достаточных сведений, указывающих на возможность достижения его цели; -принимает надлежащие меры для обеспечения присутствия во время проведения следственного (розыскного) действия лиц, чьи права и законные интересы могут быть ограничены или нарушены. Перед проведением следственного (розыскного) действия лицам, которые принимают в нем участие, объясняются их права и обязанности, предусмотренные УПК Украины, а также ответственность, установленная законом; -проведение следственных (розыскных) действий в ночное время (с 22 до 6 часов) не допускается, за исключением неотложных случаев, когда задержка в их проведении может привести к утрате следов уголовного правонарушения или побега подозреваемого; -следователь, прокурор обязан пригласить не менее двух не заинтересованных лиц (понятых) для предъявления лица, трупа или вещи для опознания, осмотра трупа, в том числе связанного с эксгумацией, следственного эксперимента, освидетельствования лица. Исключениями являются случаи применения непрерывной видеозаписи хода проведения соответствующего следственного (розыскного) действия; - следственные (розыскные) действия не могут проводиться после окончания сроков досудебного расследования, кроме их проведения по поручению суда в случаях, предусмотренных частью третьей статьи 333 УПК Украины. Любые следственные (розыскные) или негласные следственные (розыскные) действия, проведённые с нарушением этого правила, являются 110

недействительными, а установленные в них доказательства – недопустимыми и т.д. Следовательно, с целью максимальной эффективности фиксации информации и её сохранения, при расследовании уголовных правонарушений данной категории, на первый план выходит такое следственное (розыскное) действие как осмотр места происшествия. Это одно из важнейших следственных (розыскных) действий, которое является источником основной доказательной информации. Перед тем как начать исследование материальной обстановки, следователь должен правильно определить границы осмотра, что является залогом его эффективного проведения и дальнейшей результативности (информативности). Результативность осмотра места происшествия во многом определяется уровнем подготовки к его проведению. Подготовка к осмотру представляет собой комплекс мероприятий организационнообеспечительного характера, которые образуют благоприятные условия для его проведения. Такая подготовка осуществляется в два этапа: - подготовка до осмотра, после получения сообщения о происшествии (уточнение характера события, обеспечение охраны МП, обеспечение безопасности граждан и предотвращение вредных последствий преступления, приглашение специалиста, определение состава СОГ и проверка готовности научно-технических средств, комплектности следственного чемодана); - подготовка к осмотру, который осуществляется непосредственно на месте события (принятие мер по оказанию необходимой медицинской помощи потерпевшим, устранение посторонних лиц с места происшествия, установление очевидцев, предоставление задания участникам СОГ, определение их функций, а также прав и обязанностей других участников осмотра)1. Следует помнить процессуальные требования статьи 237 УПК Украины к производству осмотра места происшествия, в частности: целью осмотра места происшествия является 1

Шепітько В.Ю. Довідник слідчого. – К.: Видавничий Дім «Ін Юре», 2003. – С. 11-12.


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выявление и фиксация сведений об обстоятельствах совершения уголовного правонарушения, а объектами осмотра – местность, помещения, вещи и документы. Следует отметить, что во время осмотра последствий аварий и катастроф на железнодорожном транспорте, как правило, возникает необходимость исследования всех указанных в норме УПК Украины объектов. Для примера, при сходе подвижного железнодорожного состава с рельсов, в неотложном порядке осматривается место схода железнодорожного поезда с рельсов и прилегающие к нему участки, локомотив и вагоны, которые сошли с рельсов, стрелочные переводы, устройства сигнализации, централизации, блокировки и связи, средства ограждения места путевых работ, документы, в которых указывается техническое состояние сооружений и устройств, связанных с причиной события, а в случае наложений посторонних предметов - предметы, наложенные на железнодорожное полотно и т.д2. В случае обнаружения орудия разрушения, нужно прежде всего осмотреть место разрушения с целью выявления таких вещественных доказательств как шурупы, гайки, рельсовые накладки, вынутые из шпал костыли и т.д. Также особое внимание необходимо уделить осмотру места хранения железнодорожных инструментов строгой отчетности и частиц маслянистых веществ3. Внимание! На месте катастрофы, прежде всего, осматривают предметы, которые быстро теряют свои первоначальные свойства, могут быть умышленно видоизменены (тормозные колодки для определения степени их нагрева, стоп-краны и краны тормозной системы, приборы управления локомотива и др). В случае разрушения пути и схода подвижного состава с пути, сначала осматривают верхние слои разрушенного пути, 2Особливості

розслідування катастроф і аварій на залізничному транспорті [Текст]: конспект лекції [Електронний ресурс] http://yuristonline.com/ukr/uslugi/yuristam/literatura/kriminalistika/150.p hp 3Огляд місця події при розслідуванні окремих видів злочинів: Наук. – практ. посібник / За ред. Н.І. Клименко. – К.: Юрінком Інтер, 2005. – С. 129.

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повреждённые вагоны и локомотив, потом другие единицы подвижного состава и вторую колею. Осмотр начинают с тех участков, откуда проводят работы по восстановлению движения поездов. Отмечают последовательность расположения в составе поезда вагонов и цистерн, габариты груза, размещённого на открытых платформах, состояние его крепления и другие признаки, характеризующие правильность формирования поезда и погрузки на платформы. Во время осмотра участка пути фиксируют: -состояние рельсов, креплений, шпал, балласта, земляного полотна и дорожных сооружений; расширение или сужение колеи, перекосы, углы, изгибы и выбросы пути, отклонения по уровню и другим дефектам, которые могут быть причиной катастрофы; -обнаруженные на пути посторонние предметы, части груза, детали тормозной системы вагонов и локомотива, которые, возможно, упали на рельсы и стали причиной катастрофы; - профиль и видимость путевых сигналов. Нужно сделать осмотр и измерения пути для установления отклонений от нормы по шаблону и уровню на расстоянии не менее 500 метров в обе стороны от места катастрофы. Во время осмотра рельсов фиксируют их тип, маркировку, количество и состояние креплений, конструкцию накладок, плотность прилегания подошвы рельса к подкладкам, степень бокового и вертикального износа рельсов, дефекты (изломы, трещины, выбоины и т.п.). Во время осмотра шпал устанавливают их количество на участке катастрофы и пригодность к эксплуатации. Определяют расстояние между шпалами, наличие треснувших, гнилых и оседлых шпал, степень их износа, а также как крепко они держат костыли. Относительно балласта и земельного полотна, то в протоколе осмотра указывают толщину и состав балластного слоя, наличие просадок, пучин, оползней, разрежения и так называемых балластных корыт. Локомотив и вагоны осматривают с целью определения состояния ходовых частей, приборов управления, тормозной 111


Ирина Басистая ОСОБЕННОСТИ ПРОВЕДЕНИЯ ОСМОТРА МЕСТА ПРОИСШЕСТВИЯ ПРИ РАССЛЕДОВАНИИ

системы, сигнализации, сцепных, тяговых и ударных приборов. Прежде всего, обычно осматривают вагоны, которые первыми сошли с рельсов, а тогда локомотив и другие части подвижного состава. Фиксируют расположение локомотива и вагонов, определяют, какие вагоны сошли с рельсов, место схода, какое расстояние вагоны прошли по шпалам и балласту, какое положение имеют колесные пары сошедших вагонов (находятся внутри колеи или снаружи), и какие части подвижного состава отсутствуют. В случае схода вагонов хвостовой или средней части поезда из колеи, нужно тщательно осматривать не только те вагоны, которые сошли с рельсов, но и вагоны головной части поезда, потому что неисправность того или иного головного вагона могла повлечь повреждение пути или падение на путь груза, или деталей подвижного состава без схода с рельсов самого неисправного вагона. Во время осмотра ходовых частей устанавливают их точные размеры, состояние осей, подшипников, спиц, кронштейнов, букс, буксовых рам и рессор. Отмечают наличие выбоин и износа гребня бандажа с указанием их форм и размеров. Осмотр тормозной системы имеет целью выяснить, применялось ли торможение в аварийной обстановке, каковы его результаты; могли ли локомотивная и кондукторская бригады своевременным включением тормозов предотвратить катастрофу и каковы причины недостаточного тормозного эффекта. При осмотре обращают внимание на состояние тормозных колодок, степень их нагрева, состояние тормозных рукавов и их соединений, количество и положение стоп-кранов в вагонах, показания манометра и его исправность, положение ручки кранов машиниста, состояние насоса, который подаёт воздух в автотормозную магистраль, наличие влаги в главных воздушных резервуарах, положение кранов автотормозной магистрали. Внимание! Следует иметь в виду, что иногда концевые краны перекрывают уже после катастрофы, чтобы уклониться от ответственности за несвоевременную остановку поезда. Во время осмотра тормозной системы должно быть сделано, по возможности, испытание тормозов с фиксированием показаний манометра. 112

Во время осмотра приборов управления локомотива фиксируют положение рукоятки крана машиниста, контролёра и реверса и устанавливают, исправны ли действующие приборы, не имеют ли они каких-либо дефектов. С помощью осмотра системы сигнализации и автостопа изучают состояние световых сигналов поезда, их расположение и видимость, исправность звуковой сигнализации, состояние прожектора локомотива, дальность его свечения, исправность автостопа. Задачей осмотра устройств СЦБ и связи является проверка их технического состояния и правильности использования во время движения поездов, которые потерпели крушение. Во время катастроф и аварий, сопровождающихся разрушениями подвижного состава, пути и других сооружений, часто уничтожаются вещественные доказательства, теряются признаки, которые свидетельствуют о причине и обстоятельствах происшествия. Данные об этих утраченных признаках могут сохраняться в различных железнодорожных документах, которые приобретают важное значение при расследовании сходов и столкновений подвижного состава, наездов на посторонние предметы и повреждение устройств энергоснабжения и связи. Удачному использованию документов во время расследования катастроф способствует то, что функционирование железнодорожного транспорта, деятельность его служб и состояние технических средств в Украине регулируют ведомственные инструкции, правила технической эксплуатации и другие документы установленного образца, которые подлежат осмотру с целью оказать помощь следствию в восстановлении обстановки, которая предшествовала катастрофе. Такими документами являются: акт и другие материалы служебного расследования крушения (аварии) в подлинниках; техническораспорядительный акт станции (распределительного пункта); журнал и расписание движения поездов; график исполненного движения поездов; книги письменных разрешений главному кондуктору поезда; журналы поездных телефонограмм; книга указаний ревизора по безопасности


SECURITY DIMENSIONS

движения о состоянии и ремонте пути, вагонов, локомотивов, устройств и связи, акты и докладные записки ревизоров об обнаруженных во время инспектирования дефектах, угрожающих безопасности движения; книги с записями о ремонте локомотива; книги замечаний машиниста, которые ведут в локомотивном депо; журнал осмотра путей, стрелочных переводов, устройств и связи; книги письменных предупреждений о неисправности пути, средств связи, подвесной контактной сети и других средств; акты проверок и докладные записки должностных лиц относительно выявленных недостатков в организации движения поездов, работе локомотивного и вагонного депо и других служб; письменные объяснения должностных лиц, имеющих отношение к тому участку дороги, где произошло крушение или авария; справки о включении в поездах автотормоза; документы по формированию поезда, распределения в поезде и вагонах груза, его габариты и масса; акт об устранении повреждений, сделанных восстановительным поездом; копия из продольного профиля и горизонтального плана станции либо участка пути4. Для участия в осмотре может быть приглашен потерпевший, подозреваемый, защитник, законный представитель и другие участники уголовного производства. С целью получения помощи по вопросам, требующим специальных знаний, следователь, прокурор для участия в осмотре может пригласить специалистов. Такая деятельность следователя охватывается подготовительным этапом осмотра места происшествия. Так как на железнодорожном транспорте имеют место повреждения устройств электроснабжения железной дороги, наложение на рельсы посторонних предметов, умышленное разрушение рельсового пути и т.д., то во всех указанных случаях нужно проводить осмотр места происшествия с участием специалистов: дежурных, инженера электростанции, линейного электромонтера, 4

Огляд місця події при розслідуванні окремих видів злочинів: Наук. – практ. посібник / За ред. Н.І. Клименко. – К.: Юрінком Інтер, 2005. – С. 130-132.

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работника службы электрификации управления железной дороги, который не обеспечил слаженности схем питания контактной сети и линий связи, члена ремонтной бригады, работника службы пути т.д. 5 Внимание! Лица, в присутствии которых производится осмотр, при проведении этого следственного (розыскного) действия имеют право делать заявления, подлежащие занесению в протокол осмотра. При проведении осмотра разрешается изъятие только вещей и документов, имеющих значение для уголовного производства и вещей, изъятых из оборота. Все изъятые вещи и документы подлежат немедленному осмотру и опечатыванию с заверением подписями лиц, участвовавших в проведении осмотра. В случае, если осмотр вещей и документов на месте осуществить невозможно, или их осмотр связан с осложнениями, они временно опечатываются и хранятся в таком виде до тех пор, пока не будут осуществлены их окончательные осмотр и опечатывание6. Следует отметить, что в данном случае, при описании обнаруженных вещей и документов по результатам аварий и катастроф на железнодорожном транспорте, необходимо соблюдать требования к терминологии, которая дополнительно детализирована ведомственными инструкциями. Также не рекомендуется употреблять неопределенных понятий, таких как: «вблизи», «около», «рядом» и т.д. Наряду с этим при описании выявленного не целесообразно чётко наводить определения следов, характеристика которых на момент осмотра не определена и требует дальнейших специальных исследований. Например, нельзя писать «пятна крови», «остатки тормозной жидкости или мазута» и т.д. В таких случаях в протоколе обнаруженное определяется 5

Огляд місця події при розслідуванні окремих видів злочинів: Наук. – практ. посібник / За ред. Н.І. Клименко. – К.: Юрінком Інтер, 2005. – С. 129. 6Кримінальний процесуальний кодекс України [Електронний ресурс]. – Режим доступу: httр://zакоn.rаdа.gov.uа/сgі-bin/lаws/mаіn.сgі?nrеg (вступив в дію з 20 листопада 2012 року).

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выражениями типа «пятна бурого цвета, похожие на кровь» и т.д.7 Внимание! Следователь, прокурор имеет право запретить любому лицу покинуть место осмотра до его окончания и совершать любые действия, мешающие проведению осмотра. Невыполнение этих требований влечёт за собой предусмотренную законом ответственность. При осмотре следователь, прокурор или по их поручению привлеченный специалист имеет право проводить измерения, фотографирование, звуко- или видеозапись, составлять планы и схемы, производить графические изображения осмотренного места или отдельных вещей, изготавливать отпечатки и слепки, осматривать и изымать вещи и документы, которые имеют значение для уголовного производства8. Предметы, изъятые законом из обращения, подлежат изъятию независимо от их отношения к уголовному производству. Изъятые вещи и документы, не относящиеся к предметам, которые изъяты законом из обращения, считаются временно изъятым имуществом . При расследовании аварий и катастроф на железнодорожном транспорте в силу динамических объективных и субъективных изменений, которым может быть подвергнуто место происшествия для следователя особенно важное значение приобретает максимальная детализация воспринимаемого события в протоколе ОМП и плане или схеме осмотра. Именно поэтому в заключительной части протокола должны содержаться сведения об изъятых вещах и документах и способах их идентификации9. Также здесь должна найти свое отражение информация о составленных планах, схемах, фотоснимках и т.п. Различие между планом и схемой заключается в том, что план выполняется 7

Шепитько В.Ю. Криминалистика: Курс лекций. Издание третье. – Х.: ООО «Одиссей», 2006. – С. 176. 8Кримінальний процесуальний кодекс України [Електронний ресурс]. – Режим доступу: httр://zакоn.rаdа.gov.uа/сgі-bin/lаws/mаіn.сgі?nrеg (вступив в дію з 20 листопада 2012 року). 9Кримінальний процесуальний кодекс України [Електронний ресурс]. – Режим доступу: httр://zакоn.rаdа.gov.uа/сgі-bin/lаws/mаіn.сgі?nrеg (вступив в дію з 20 листопада 2012 року).

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в масштабе, схема - без масштаба, ориентировочно с указанием на размеры объектов, их формы и расстояния между ними10. План местности вычерчивается способом измерений по направлению или способом засечек. Последний заключается в том, что замеры между двумя объектами и отображение на плане этого отрезка в соответствующем масштабе проводят только после первого визирования. Другие объекты визируют как с начальной точки, так и точки, на которую проводилось первое визирование. В этом случае отрезок между двумя данными точками служит базой для съёмки. Такой перекресток отражает место расположения объекта, на который производилось визирование. Поскольку база съемки и две линии визирования образуют треугольник, то вычислить расстояние от одного объекта до другого несложно. При составлении плана или схемы используют условные обозначения. На каждом плане или схеме должны быть: заголовок с указанием, что именно начертано, стрелка с обозначением «север-юг» для ориентирования на стороны света, масштаб (на планах), пояснительные надписи о том, что представляют собой те или иные 11 изображенные объекты . Также очень эффективными способами фиксации места происшествия являются фотосъёмка и видеозапись. Однако в практической деятельности по расследованию уголовных правонарушений на данном этапе существуют определенные проблемы. Так, провёденным опросом следователей установлено, что 73 % респондентов допускают ошибки и недостатки при формировании протокола ОМП через технические требования к его подготовке, 58 % респондентов испытывают трудности в использовании технико-криминалистических средств из-за отсутствия профессиональных видеокамер, а 74 % из-за их некачественности. Значительная доля проблематики заключается также и в отсутствии условий для применения технических средств (80% опрошенных), что в 10

Шепитько В.Ю. Криминалистика: Курс лекций. Издание третье. – Х.: ООО «Одиссей», 2006. – С. 177. 11 Шепітько В.Ю. Довідник слідчого. – К.: Видавничий Дім «Ін Юре», 2003. – С. 45-46.


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первую очередь связано с чрезмерной оценить практически весь его негативный нагрузкой на следователя (50% опрошенных) и масштаб14. По результатам совершения в отсутствии профессиональных навыков использования технико-криминалистических рассматриваемых преступлений достаточно средств (50% опрошенных)12. Исходя из часто возникает необходимость в осмотре изложенного, способом актуализации знаний трупа на месте происшествия, который должен могут быть как курсы повышения проводиться с обязательным соблюдением квалификации следователей, так и тренинги по требований статьи 238 УПК Украины, в данной проблематике, где бы модераторами частности: осмотр трупа следователем, выступали специалисты-эксперты или прокурором проводится при обязательном опытные преподаватели профильных высших участии судебно-медицинского эксперта или учебных заведений. Во время осмотра места врача, если вовремя невозможно привлечь происшествия в результате аварий судебно-медицинского эксперта; осмотр трупа и катастроф на железнодорожном транспорте может производиться одновременно с применяются традиционные виды осмотром места происшествия с соблюдением фотосъёмки: ориентирующая, обзорная, правил УПК Украины; после осмотра труп узловая и детальная. Также для фиксации на подлежит обязательному направлению для месте происшествия мелких частей, которые проведения судебно-медицинской экспертизы практически всегда образуются при для установления причины смерти; труп совершении рассматриваемого преступления и подлежит выдаче только с письменного не могут быть изъяты в полном объёме, - разрешения прокурора и только после целесообразно использовать методы проведения судебно-медицинской экспертизы масштабной и крупномасштабной фотосъёмки. и установления причины смерти15. Макросъёмка эффективный метод ЗАКЛЮЧЕНИЕ фотографирования объектов Осмотр места происшествия при с непосредственным увеличением без совершении таких преступлений является применения микроскопа, поскольку позволяет чрезвычайно важным, так как его результаты в основание дальнейшего просмотреть обнаруженные признаки ложатся в увеличенном виде. Внимание! Необходимо расследования, формирования версий, и в учитывать, что глубина резко изображаемого конечном результате – привлечения к пространства уменьшается пропорционально уголовной ответственности виновных лиц, а увеличению масштаба13. Во время осмотра также выявления причин и условий места происшествия в результате аварий железнодорожных происшествий. и катастроф на железнодорожном транспорте особенно эффективным и результативным ЛИТЕРАТУРА: является видеозапись. Ведь зачастую она REFERENCES: применяется в случаях, когда событие ещё не 1. Іщенко А.В. Теорія і практика криміналістичного завершено (продолжается пожар, возникла забезпечення процесу доказування в экологическая катастрофа) и позволяет розслідуванні злочинів [Текст]: навч. посібник /

12 Іщенко А.В., Ієрусалимов І.О., Удовенко Ж.В. Теорія і практика криміналістичного забезпечення процесу доказування в розслідуванні злочинів: Навч. посібник. – К.: Центр учбової літератури, 2007. - С. 28. 13 Ковальов К.М., Чашницька Т.Г., Нізовцев Ю.Ю. Застосування фото та відеозйомки при проведенні огляду місця події: Методичний посібник /ДНДЕКЦ МВС України. – К., 2006. - С. 17.

А.В. Іщенко, І.О. Ієрусалимов, Ж.В. Удовенко. – К.: Центр учбової літератури, 2007. – 160 с. 2. Ковальов К.М. Застосування фото та відеозйомки при проведенні огляду місця події 14 Шепитько В.Ю. Криминалистика: Курс лекций. Издание третье. – Х.: ООО «Одиссей», 2006. – С. 176. 15Кримінальний процесуальний кодекс України [Електронний ресурс]. – Режим доступу: httр://zакоn.rаdа.gov.uа/сgі-bin/lаws/mаіn.сgі?nrеg (вступив в дію з 20 листопада 2012 року).

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3.

4.

5.

6.

7.

[Текст]: Методичний посібник ДНДЕКЦ МВС України / К.М. Ковальов, Т.Г. Чашницька, Ю.Ю. Нізовцев. – К., 2006. – 54 с. Кримінальний процесуальний кодекс України [Текст] / [Електронний ресурс]. – Режим доступу: httр://zакоn.rаdа.gov.uа/сgі-bin/lаws/mаіn.сgі?nrеg (вступив в дію з 20 листопада 2012 року). Огляд місця події при розслідуванні окремих видів злочинів [Текст]: Наук. – практ. посібник / За ред. Н.І. Клименко. – К.: Юрінком Інтер, 2005. – 216 с. Особливості розслідування катастроф і аварій на залізничному транспорті [Текст]: конспект леції [Електронний ресурс] http://yuristonline.com/ukr/uslugi/yuristam/literatura/kriminalistik a/150.php Шепітько В.Ю. Довідник слідчого [Текст] / В.Ю. Шепітько. – К.: Видавничий Дім «Ін Юре», 2003. – 208с. Шепитько В.Ю. Криминалистика [Текст]: Курс лекций. Издание третье / В.Ю. Шепитько. – Х.: ООО «Одиссей», 2006. – 368 с.

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1. Ishchenko A.V. Teoria i praktyka kryminalistychnoho zabezpechennia procesu dokazuvannia v rozsliduvanni zlochyniv – К.: CYL, 2007. – 160 S. 2. Koval’ov K.M. Zastosuvannia foto ta videozyomky pry provedenni ohliadu miscia podii /DNDEKC MVS Ykrainy. – К., 2006. – 54 S. 3. Kryminal’nyi procesual’nyi kodeks Ukrainy: httр://zакоn.rаdа.gov.uа/ 4. Ohliad miscia podii pry rozsliduvanni okremykh vydiv zlochyniv / Zа red. N.І. Кlimenko. – К.: Urinkom Inter, 2005. – 216 S. 5. Osoblyvosti rozsliduvannia katastrof i avarii na zaliznychnomy transporti]: http://yuristonline.com/ukr/uslugi/yuristam/literatura/kriminalistik a/150.php 6. Shepyt’ko V.Yu Dovidnyk slidchoho – К.: «Іn ure», 2003. – 208 S. 7. Shepyt’ko V.Yu. Kryminalistyka. Kurs lekcii. Iz.3. – Harkiv.: ООО «Оdisei», 2006. – 368 S.


LEGAL SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (119-124)

HISTORY OF THE FORMATION AND DEVELOPMENT INSTITUTE OF REMEDY INFORMATION RIGHTS AND FREEDOMS AND CIVIL RIGHTS Prof. Lubomyr Sopilnyk Scientific and Research criminalistic Centre of the MIA of Ukraine, UKRAINE ICLE INFO ABSTRACT This article examines the history of formation and development of the institution of judicial protection of information rights and freedoms of man and citizen..

ARTICLE INFO Article history Received: 03.11.2014 Accepted 27.11.2014 Keywords court, human rights and freedoms, state, philosophical and legal theories of rights and freedoms by the state

INTRODUCTION Championship in determining the rights and freedoms associated with Immanuel Kant thought, "If there is a science that requires a person, it is the one that I teach - and specifically one that properly shows man his place in the world - and that's teaches who have to be to be a man. "It represented a clear assertion of the freedom of the individual in accordance with his dignity. Assuming that the policy should be subject to moral and right, the philosopher said: "The right person should be considered sacred, the effort is not worth it to state power." Present position allows to state that the legal thought of Kant illustrates the relationship between freedom and its provision by the state; source of law is the man; and the main function of the state ensuring human rights and freedoms. Historically, first appeared rights, rather than their guarantees: the value and inviolability

of life, equality of persons before the higher powers. Although they perceived on a subconscious level and not defined as a right, but reflected the ancient myths and beliefs. ANALYSIS OF RECENT RESEARCH Evolving over time, the idea gradually gained positive traits (freed from religion), appeared philosophical and legal theories of human rights, then - a combination of rights, freedoms and their guarantees. Today recognition and legal protection of the rights and freedoms of man and citizen are the main feature of the rule of law. On this basis a modern democracy different from its prototype. In order to clarify the legal meaning of "rights" and "freedom" of man and of the citizen were analyzed scientific publications, court cases on the protection of human rights and civil rights in the courts of general 119


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jurisdiction and the Constitutional Court. Research has shown that there are different approaches to the definition of these concepts. "Human Rights - is an individual natural features that make its life, human dignity and freedom of action in all spheres of public life." This approach defines the law as certain features that are essential for human existence and its development in specific historical conditions. They objectively determined by the achieved level of human development (economic, spiritual, social) and should be universal and equal for all people. The above statement is similar in structure to the previous one, although the shape is not associated with freedom of activity, yet the content implies equality. THE MAIN MATERIAL. Man can not exist without satisfying their needs, without the possession of material and spiritual wealth; to meet these needs and benefits people need rights and freedoms. Same as above, in the above definition refers to equality in rights and freedoms as in the distribution of material and spiritual wealth, that it is inherent to man (of equality benefits not mentioned). Recognition of Human Rights reaches age ancient thinkers: the Pythagoras - the man is the measure of all things; in Aklidamanta - God created all free nature nobody made a slave; in Cicero - between people there is no difference, a person is a citizen of the world. Though ancient scientists human rights and freedoms associated (implicitly) with the distribution of wealth, they say nothing about the spiritual side of life. Determination of Rights and Freedoms to consider with regard to the level of society, that is, as secured by the Constitution and other laws of Ukraine the opportunity to have, possess, use 120

and dispose of the economic, political and cultural conditions of society and legislated state. Human rights are interpreted as social human capacity to act freely, to choose the type and extent of their behavior in order to provide diverse material and spiritual needs of the person by using certain social benefits within the limits set by legislative acts. In the above position limits law defining freedom achieve material and spiritual needs, while the VF approach Pohorilko - freedom is given more attention than the factors which limit (the Act). Building on the concept of human rights, a judge of the Constitutional Court Shapoval believes that it is not only social, but also a legal category. Established in positive law, and thus recognized by the state, they acquire as a subjective right, which only can be realized. From this definition is consistent definition of MV Kostytsky: "Human rights a concept that characterizes the legal status of a person in relation to the state, its features and claims in the economic, social, political and cultural spheres." Together, we believe that in both definitions is that they constitute a basic human quality - the quality of the subject. Without claiming to be universal definition of human rights, arguing that this law, which required a man in her manifestation as the subject of human progress. On this basis, one can argue that human rights are the ones that need it as a subject of state-building. This statement is consistent with the difference of human rights with the rights of the citizen, which is that a person is defined as a bio-social phenomenon, as a citizen comes from special relationships with the state. Since subjective rights enshrined in the law, then much difference between them. Analysis of the key assertions of the concept of "human freedom" allowed foregone conclusion about the presence of certain features mentioned concept: freedom


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from birth; no one has the right to violate their natural basis; in a democratic society, the state is the guarantor of human freedom; amount of freedom reflects the principles embodied in many European countries and in Ukraine in the Constitution of our country states that a person has the right to do anything except what is prohibited by law; it is the principle of equal legal opportunities, legal assistance and legal protection. The difference between the rights and freedoms of well characterized VM Shapoval because observes that law enables the acquisition of individual social benefits, and freedom means non-interference in the acquisition of goods (right, in fact, means "give" and freedom - "do not bother") . Because of human freedom and civil rights in the "pure" do not talk, because each state sets limits on the freedom of exercise of the rights of others, so "established order, which directs state activities to protect individual freedom." This constitution guarantees the rights and freedoms of everyone in their maximum development. In most EU countries, human dignity is the source of rights and freedoms. For example, in the US (see Art. 2.3.) Is recognized as a desire for total freedom. Russian scientists value the rights and freedoms reduced to that freedom allows a person to manage on your own. But it always involves the limits of individual behavior, due to his stay in the human society and the need to take account of the freedom of others. As a component of the category of human rights and citizens' concept of freedom is enshrined in the Constitution or other piece of legislation the possibility of certain human behavior. Human rights define the scope of permissible behavior of the individual, within which it has no human dignity can realize themselves as free citizens. In our opinion, the scope of permissible conduct

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includes every opportunity to apply to court to protect rights. In domestic and foreign legal literature the rights and freedoms of man and citizen are classified by different basis because information rights and freedoms of individuals in the same researchers clearly marked, in others - indirectly. We think you need to focus on the bias which has emerged today: open information society, as a condition of democracy indicates a direct relationship information rights and freedoms to all other rights and freedoms of man and citizen. Based on the above considerations, the work is not carried out an analysis of possible classifications of information rights and freedoms (although touching on foreign law). With the natural character of the rights and freedoms are inalienable and inseparable from human nature and its nature. Disclosure characteristics "inalienable", "natural" has led to the fact that they were understood in the legal sense - as the right to life and health, honor and dignity, to freedom to obtain and use information, to privacy, that is, a subjective right - to an individual, is indispensable to a specific individual. The practical value of the rights and freedoms is their reality, that is, to exercise the powers arising from the content of a particular subjective rights. With the development of philosophical and legal thought expanding circle of human rights and their implementation requires safeguards. The ultimate guarantee of rights and freedoms is the remedy. Ruling Justice, provides everyone the right to a fair trial and respect for other rights and freedoms guaranteed by the Constitution and laws of Ukraine and international treaties. The courts, as public authorities are required to promptly and effectively to protect those rights and freedoms in civil, criminal and administrative proceedings. These types 121


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of proceedings as a form of implementation of judicial power, directly related to the constitutional provisions, rights and freedoms and their guarantees determine the essence and direction of the state; rights and freedoms of man and citizen are protected by the court; the right of everyone to protect their rights and freedoms from violations and encroachments by any means not prohibited by law. The eminent jurist AF Koni wrote that where the question of the relation of the whole society to their fellow citizens, to limit their personal freedom for the common good and the protection of the rights of individual citizens - that justice must find expression in legislation, which is higher, the deeper it peers into the truth of human life needs and opportunities - in the justice system. Courting - is one of the most important ways to protect civil rights and liberties of the subjects of law, which takes the form of justice and guaranteed by the state. It can be interpreted as a subjective right of everyone to restore his violated rights special body - the Court. In science, criminal procedural law under court protection is defined as "a set of organizational and procedural rules provided by the suspect, the accused and the victim to protect their rights and interests." Courting is an effective guarantee of the realization of all the rights and freedoms of man and citizen, applies to an unlimited number of persons. It is being implemented under the following conditions: the existence of separate and independent judiciary; establish principles of justice and the judiciary; guaranteed access to justice, local authorities, officials and public servants. The essence of the institute judicial protection, in which the Court takes the top spot as the organ of justice that best regulates the right to judicial protection. Accordingly, the right to judicial protection - it provides an opportunity law of persons and entities to protect their 122

rights in the courts of general jurisdiction and constitutional. This right should be viewed in two ways: on the one hand, as one of the constitutional rights of the state, on the other hand - as the law that establishes a universal mechanism for protecting any and all of the above rights. The court can not refuse to justice, if a citizen of Ukraine, foreigner or stateless person believe that their rights and freedoms infringed or violated established or created obstacles to their implementation or there are other narrowing of rights and freedoms. The refusal of the court to accept the claim and other claims, complaints, issued in accordance with applicable law, a violation of the right to judicial protection (Article 64 of the Constitution of Ukraine). There is also the expansion of judicial activities, including the legality of decisions, acts or omissions of public authorities, local authorities, officials and public servants. The advantage of judicial review of administrative that the court acts as a state. Court independent and obey only the law; activity takes place in the court hearing and the procedure for its conduct is regulated by law. The court provided publicity, publicity, direct involvement of stakeholders. The democratic principles of justice create the most favorable conditions to determine the facts of the case and make a lawful, reasonable and fair solution. Human and civil rights to judicial protection is implemented using two elements: regulatory framework (set of legal resources) and institutional (activities relevant public authorities) elements. The legal basis is the constitutional provisions and specifying the legislation through which the fixing of rules of conduct designed to ensure a uniform procedure and the stability of the regulation of social relations in the field of human rights to judicial protection. The normative basis gives the judicial protection of their own legal


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forms as a source of knowledge and guidance in the legal field. The institutional element includes activities of public authorities, which, through its power provides assurance, implementation, protection and restoration of human rights to judicial protection. Leading role in the mechanism of ensuring human and civil rights to judicial protection, holds court system, which provides access to justice to each based on the Constitution and laws of Ukraine. The essence of judicial protection as jurisdictional institute the rule of law provided by the Constitution of Ukraine. This Constitution recognizes the separation of state power in Ukraine into legislative, executive and judicial; it has the highest legal force and guarantees each going to court to protect the constitutional rights and freedoms; Justice is administered solely by the courts, whose jurisdiction extends to all legal relations arising in the state. The principles of judicial power by the Law of Ukraine "On the Judicial System and Status of Judges". Appeal rights and civil judicial protection provided by Article 55 of the Constitution of Ukraine, which, moreover, gives anyone the right to challenge the decisions, acts or omissions of public authorities, local government officials and employees; to apply to the relevant international judicial institutions after exhaustion of domestic remedies. Based on the Law of Ukraine "On the Judicial System and Status of Judges" right to judicial protection includes: 1) guarantee any of its rights, freedoms and legitimate interests of an independent and impartial tribunal established under the law; 2) a fair and impartial hearing within a reasonable time limits prescribed by law; 3) The right of everyone to participate in its case in the manner specified by the procedural law

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of the court of any instance (see. For jurisdiction in para. 2.1.). Deprive any right to have his case in court, the jurisdiction to which it belongs, is impossible. Judges in the judiciary are independent and subject only to the law. The basic principles of justice are: 1) legality; 2) the equality of all before the law court and the court; 3) provide proof of guilt; 4) competition and freedom to provide their court their evidence and to prove to the court; 5) Maintenance of public prosecution in court; 6) ensuring the accused the right to a defense; 7) openness of the trial and its complete recording by technical means; 8) ensuring the appellate and cassation court decision, except in cases determined by law; 9) bound by the decisions of the court. Protective function of the court is realized through components: 1) the prevention of infringement of the rights and freedoms; 2) updating; 3) the abolition of regulations or decisions of the authorities in case of inconsistency law; 4) damages caused by violations of human rights and freedoms; 5) a violation of the culprit and his responsibility. Among the growing number of rights and freedoms is the most important information. These rights are conducive to the formation of the person, and thus society, because the level of the latter depends on the sophistication of its members. At the heart of information rights is the notion of information. The essence of the term "information" (from the Latin "informatio") that is a clarification statement, message. As a means of providing information to understand human existence in society, a source of knowledge to satisfy their own needs, way of governance. This is the most important means of political, economic, spiritual and social life. From the information depends on the formation of the human person. 123


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Domestic legislation differently treats the concept of "information" that can be seen from the table given in Appendix A. Considering the given definition, it can be argued that information - is not only collected the data or information society is a resource whose value is to meet human needs. CC of Ukraine carries information to the intangible benefits, due to its special legal nature and the lack of substantive content. Its Article 16 provides for the right of every person to go to court to protect your personal non-property and property rights and interests. Part 2 st.200 Civil Code of Ukraine have the right to subject relations in information demand the elimination of violations of his rights and compensation of material and moral damage caused by such violations. Protection of civil rights and interests of information relations is also in accordance with rule 16 of the Civil Code of Ukraine, where among the ways to protect: the recognition of rights; recognition of the transaction null and void; termination in violation of law; termination of legal relations; compensation and other methods of compensation for property damage; compensation for moral (nonproperty) damage. CONCLUSION Thus, the protection of information rights is in accordance with the norms of Ch. 3 CC of Ukraine general methods listed in its Article 16, and special methods established by separate laws. Court able to protect individual rights related to the information by other means as may be stated in the agreement or by law (see. P. 2.1.). Information rights and freedoms of man and citizen arose immediately. They synthesized the centuries-old desire of people, which covered different aspects. Most researchers, it was associated with the individual's right to information; some talk about it right in terms 124

of technology dissemination; there were those who pointed out the limitations to access to information; others - fought for freedom of expression and dissemination of information through the media; some studies concerning rights related to information security; considered in terms of individual rights to seek information and more.

REFERENCES: 1. Кант И. К Вечному миру : Трактаты о вечном мире. [Предисловие Ф.В.Константинова. Вводная статья с прим. И. С. Андреевой. Сост. cб. И. С. Андреева и А. В. Гулыга.] – М. : Соцэкгиз, 1963. – 279 с. 2. Рабінович П. М. Основи загальної теорії права та держави [Текст] : навч. посіб. – 6-те вид. / П. М. Рабінович – Х.: Консул, 2002. – 160 с. 3. Иваненко В. А. Социальные права человека и социальные обязанности государства: международные и конституционные правовые аспекты / В. А. Иваненко, В.С. Иваненко. – СанктПетербург : СПБ : "Юридический центр Пресс", 2003. – 404 с. 4. Погорілко В. Ф. Права та свободи людини і громадянина в Україні / В. Ф. Погорілко, В. В. Головченко, М. І. Сірий. – К.: Ін Юре, 1997. – 52 с. 5. Конституція України [Текст]: Основний закон: із змінами, внесеними згідно із Законом № 2222 – ІУ від 8 груд. 2004 р. – Харків: ФОП Співак Т. К., 2009. – 48 с. 6. Резолюция 59(1) Генеральной Ассамблеи ООН "Созыв международной конференции по вопросу о свободе информации" [Электронный ресурс]: Режим доступа: www.advoct.ru/news/38/843/. 7. Конституція США. The Constitution of the United States of America // The Declaration of Independence and the Constitution of the United States of America. –Lexington : Founding Fathers : Published by SoHo Books.– KY 07 August 2010.– 91 s. 8. Кравченко В. Конституційне право України [Текст] : навч. посіб. / В. Кравченко. – 3-тє вид., випр. та допов. – К. : Атака, 2004. – 512 с.


SECURITY DIMENSIONS

INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (125-130)

PROTETION OF INFORMATION RIGHTS AND FREEDOMS. INTERNATIONAL LEGAL ASPECTS Rostyslav Sopilnyk, Ph.D. Scientific and research of expert - criminalistic Center MIA of Ukraine in Lviv region, UKRAINE ICLE INFO ABSTRACT This article examines the protection of information rights and freedoms, international legal aspects, to improve justice for the protection of individual rights Information Appeal Court represent appropriate training, including - the practice of the European Court, they need to be supported seminars on judicial practice in this category cases. ARTICLE INFO Article history Received: 03.11.2014 Accepted 14.11.2014 Keywords Constitution, civil rights, international law aspect, the judiciary, the Court of Appeal European Court

INTRODUCTION No factor in the middle of any state should not narrow the legal standards of fundamental rights and freedoms, since the latter is directly related to human dignity. Through the study of security advantages as an object of judicial protection established its relationship with information rights and freedoms on the basis of constitutional norms of the European Union. Polish Constitution states: "natural and inalienable dignity is the source of rights and freedoms of man and citizen. It is firm, and respect for and protection it is the duty of public authorities". This gives reason to believe that when human dignity is violated, the violated rights and freedoms of man and citizen. Because dignity is given to man by nature and are inalienable (inherent to man), it must be protected by the state: the deprivation of human dignity leads to the disappearance of man as such (as a species). The converse assertion that the violation of human rights is a violation of dignity is invalid. No violations of the rights and freedoms cause a violation of digni-

ty. We believe that only a violation of fundamental rights and freedoms of man and citizen leads to a violation of dignity. ANALYSIS OF RECENT STUDIES. Resolution 59 (1) of the General Assembly declared that freedom of information is a fundamental right and the criterion of all other freedoms. Since then, the constitution of most European countries included in the basic information rights and freedoms. On this basis, one could argue that information rights are fundamental rights. In addition, all court cases involving violation of the rights and freedoms of information we can speak of a violation of dignity (violations of fundamental right). German Constitution the concept of dignity interpreted more broadly, as Article 1 states: "(1) The dignity of man is inviolable. To respect and protect it - the duty of the government." This allows to interpret: any assault on human dignity is the basis for the trial; any violation of fundamental rights is also the basis for the trial. Proof that the violation of fundamental rights leads to a violation 125


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of dignity, is the value which gives the German Constitution fundamental rights of the article: "(2) The German people therefore acknowledge invioinviolable and inalienable human rights as the foundation of every human community, peace and justice on earth ". THE MAIN MATERIAL The German state protects fundamental rights (and hence dignity) of all power: "The fundamental rights ... are required legislative, executive and judiciary as directly applicable law". Proof is another rule: "By constitutional order within the legislative power and ensuring the exercise of executive and judicial powers in accordance with the law and the state, aware of our responsibility to future generations, protects and natural foundations of life". We believe that the dignity and defines the natural foundations of life. The relationship between dignity, rights and freedoms established by the Constitution of the Czech Republic: "People are free and equal in dignity and rights. Fundamental rights and freedoms are inherent, inalienable, not subject to prescription and non-cancelable". In this regard, three concepts in the first place is freedom (liberty) and equality in dignity and rights are considered as a condition of human freedom. The Italian Constitution has increasingly developed the concept of dignity: "All citizens have equal social dignity and are equal before the law without distinction of sex, race, language, religion, political opinion, personal and social background". This is a public dignity, that is human dignity that does not exist outside of society. Inherent dignity of all members of society who are both equal before the law regardless of the differences between individuals. Any restrictions on the equity (including - esteem) prevent the development of the human personality and development. The proof is the continuation of the reduced article: "The task of the Republic remove obstacles ... which actually restrict the freedom and equality of citizens, prevent the development of the human person and the effective participation of all workers in the organization of the state ...". Given the fact that the protection of the rights and freedoms perform the courts, they 126

should provide reliable (perfect) protection mechanism. Disadvantages of national law (see. Item 1.2.), Their protyrichyvist (see. P. 1.2.), Imperfect in some countries (see. P.2.4.) Does not allow you to defend the fundamental rights and freedoms. On the basis of the Universal Declaration of Human Rights established international courts, whose activities are subject to Ń“runtuyetsya common legal standards in relation to people of all countries covered by their law. Rights and Freedoms protects the people of the Americas Inter-American Court of Human Rights (1978, m. Costa Rica, the basic document is the American Declaration of the Rights and Duties of Man in 1948 and the American Agreement on Human Rights, 1969); Africa - The African Court on Human and Peoples' Rights (1998, base paper - African Charter on Human and Peoples 1981), and European countries that have ratified the fundamental document European Court of Human Rights, the basis of which is the Convention. Ukraine ratified the Convention on 11 September 1997 and also recognized the compulsory practice of the European Court. According to the academician AD Svyatotskoho, the value of the practice of the European Court is that its decisions the Court makes an understanding of the fundamental standards of human rights. In Ukraine, it appears under its Law of 23. 02. 2006 "On the implementation of decisions and application of the European Court of Human Rights". This practice is recognized as a source of law. The jurisdiction of the European Court shall extend to all questions of interpretation and application of the Convention and its protocols. In the exercise of the courts of justice, approaches to the interpretation of the Convention shall be applied flush with the provisions of the Constitution, since the rules of the Convention is directly applicable as the provisions of the Constitution. Head of the European Court of J.-P. Costa sees that the Convention is intended to guarantee rights that are practical and effective, not theoretical and illusory. The above fully confirmed case "Airy against Ireland" (Airey v. Ireland), 1979, p.24.


SECURITY DIMENSIONS

The difficulties in the domestic proceedings relating to human rights, inadequate legal framework, distrust of people in the national courts forcing people to turn to the European Court, whose authority in the protection of fundamental rights and freedoms is growing. This is evident from the cases that come to the site of the European Court of annual reports Ukrainian ombudsman from speeches local officials, judges of the European Court. Thus, the Verkhovna Rada of Ukraine VM Litvin notes that for the entire period - from their initial applications against Ukraine and until 31 December 2010 - before the European Court received 30,738 applications against our country, of which 19,532 cases deemed unacceptable and removed them from the list. Head of the European Court of J.-P. Costa notes that the majority of the Court is now considering applications regard to the new Member States (55% of the cases in question come from 5 countries that joined the system in the past 15 years); with more than 8% of applications relating to Ukraine. Judge Basel (Switzerland), the Court of Appeal S. Gass states that in 2009 the Court came in 1400 against Ukraine. The fact that domestic courts are almost never observed Convention in law enforcement, and are based on national law, make decisions contrary to the Convention the following facts: 1. In 2010 with 109 cases considered by the European Court statements citizens of Ukraine, only one violation was found. 2. In their view standards of new laws associated with information not fix presumed to limit be necessary in a democratic society. Reason for this is Article 17 of the Law of Ukraine "On Enforcement of Judgments and application of the European Court of Human Rights", according to which the European Court is a source of law in the national legal system. Not provided with the right to information regardless of frontiers, but in the Internet age is an axiom (both human rights activists confirmed the observations in para. 1.3., Para. 1.4.).

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The Parliament of Ukraine on Human Rights considers that the reflection of the judicial protection of human rights in Ukraine is the increase in the number of appeals to the Ukrainian and European Court decisions on acceptance of the Ukraine, who stated systematic violations of the right to a fair trial. Former President of the Supreme Court of Ukraine V. Onopenko, based on jurisprudence, said the lack of readiness of national representatives of the judicial corps for the introduction of approaches and positions of the European Court in the Ukrainian legal space, lists the reasons for this: in many cases, courts exercise abstract link without guidance on the specific decision of the body; make reference to a specific solution without specifying its correlation with national law and the circumstances of the case.

Conducted a survey of 1283 judges of courts of general jurisdiction (see. Appendix E, p. 1.2.) Made it possible to determine the main difficulties of low frequency of cases under the Convention and the Court's precedents. These are: 1. The absence of cases relating to the protection of information rights and freedoms of man and citizen. The majority of respondents (92%) do not represent the ability to protect individual rights of information with just one document - the Convention. They want to be acquainted with the approaches formed the European Court when considering specific cases related to the information sector. Only 7% of judges surveyed state that in their practice, there have been isolated cases where one party sought to persuade the court to hear the case on the basis of the Convention. This suggests a lack of Familiarity and Bar hull of the European Court. In addition, 2% of respondents denied one party in consideration of the trial on the basis of the Convention 127


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2.

and the case law of the European Court. 61% of respondents noted the lack of guidelines for the protection of information rights and freedoms of man and citizen-based practice of the European Court of higher courts. The vast majority of judges (86% of 206 respondents) courts of appeal (Appendix S), while on training courses, not deepened their knowledge of the practice of the European Court to protect the rights and freedoms in the information field. More than 50% of the judges reported that they had not provided guidance on the precedents of the European Court in 2008 - 2010. More than 62% of judges in this category examines the practice of judicial protection of information rights and freedoms of other courts and over 90% of them supplement their own knowledge of the precedents of the European Court from different sources.

As a suggestion for improving the justice system for the protection of individual rights Information Appeal Court represent appropriate training, including - the practice of the European Court; they need to be supported seminars on judicial practice of this category of cases. Only then will they be able to advise trial courts. In 1.3. shown that the constitutional provisions relating to the protection of information rights and freedoms in Ukraine, successfully protected by the Convention, implemented in the European Court precedents. Thus, it is proved that statement (at least in the area of information) S. Shevchuk is relevant. In particular, the researcher said: "The rules of the Constitution of Ukraine on the rights and freedoms of man and citizen reflect mostly conventional position, the legal guarantees of fundamental rights and freedoms is a common legal matter as a constitutional and at the Convention level". To claim that the Convention provides protection of information rights and freedoms can be based on the study of the Court. In a number of cases considered Strasbourg and presented in p. 1.3., Pointed out that the fundamental rights of affected relative rights, information rights are. 128

The Convention, which lies at the heart of the European Court are too concise law, and without knowledge of case law of the Court mostly "scares" judges from the management of it. We believe that the only constant study of precedents the Court will allow to see it not as the default (ossified) document, and one that develops in specific cases over time (evolving society). Based on the Court's precedents, BA Malanchuk (Regional Coordinator of the joint program of the EU and the Council of Europe "Combating ill-treatment and impunity" called the Convention a "living tool" that develops in the development of society and "should be interpreted in light of the present". in other words, although the Convention does not change the interpretation of its articles is dynamic, evident in the examination of specific cases (see. p .1.3.). Providing legal protection of information rights and freedoms requires constant study of the European Court and the study of changes in the legislation of the Parties to the Convention. It is the fundamental policies of the European Court on the principle of subsidiarity. The latter, according to the judges of the European Court of AI Kovler that the system of supranational control are additional (subsidiary) in relation to a national, it follows from Article 1 of the Convention: "The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section 1 of this Convention. "The essence of this principle determines A. Kovler, that the major "severity" advocacy rests with sovereign states; on the state is "responsible for the outcome," and the choice of means to achieve the result Convention gives to the discretion of. We can add that discretion in achieving results is governed by the use of the Convention and case law of the Court. According to that judge subsidiarity can be productive only if the relevant provisions of the Convention available to judges and used in domestic law. The above gives reason to believe that although the Constitution of Ukraine Convention as prescribed norm of direct action, so it is unwritten duty of ratification of the latter. Also, do not use the domestic courts of the Convention and the case law of the Court to protect the rights and freedoms is not nothing but a disregard for the principle of subsidiarity: the problem of


SECURITY DIMENSIONS

security and guarantees of the Convention rights and freedoms primarily serve the state, not the European Court. Generally accepted in the EU is the principle of the rule of law. This principle is inclusive (the components highlighted in Appendix I) with respect to principles, developed by the Court when considering specific cases. Summarizing the Court's judgment, the judge of the court retired VG Butkevych defined core values that reflect the rule of law: 1) protection of the rights and freedoms; 2) The functioning of the state and its agencies associated requirements of law, the prohibition of state tyranny; 3) the principle of equality of rights (individuals and businesses) before the law; 4) ensuring law and order in society; 5) an efficient and predictable justice (right of access to justice, the right to a fair trial, etc.). Features functioning of the European Court are as follows. The Court is unable to assess the correctness of the decision of national authorities, but reserves the right to verify doskonalnist of the decision making process. The role of procedural aspect stands restrictive component of appreciation. The proof is that the Court must "first of all check whether the decision-making process fair, and only in exceptional circumstances, it can go beyond this limit and revise the material conclusions of the national" [Dubetskiy against Ukraine (Dubetska and Others v. Ukraine), № 30499/03, 2011]. 1. The court shall consider only the compliance of legal measures with the Convention. 2. The court "may not be an appeal (cassation, supervisors), it can not as detailed as the national court, examine the factual circumstances of the case. In this case ... the serious allegations made by the applicant in violation of his rights and freedoms, the more thoroughly should be the actual base "[Pedersen of Denmark and Badshard against (Pedersen and Baadsgaard v. Denmark), 2004, p.]. 3. "The competence of the Court to assess compliance with domestic law is limited.

4.

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First it was the national authorities should interpret and apply the law" [Chapel v United Kingdom (Chappel v. The UK), 1989, p.]. The Court does not interpret the provisions of national law: "The Court's role is limited to checking whether an interpretation is compatible with the Convention" [Lisitsa against Croatia (Lisica v. Croatia), 2010, p.]. The court hears cases only if the conditions of admissibility: the exhaustion of domestic remedies. "The Court reiterates that, in principle, its task is not to determine what measures deficiencies would be appropriate for performance by the respondent State of its obligations under Art. 46 of the Convention ..." [Skotstsari and Dzhyunta against Italy (Scozzari & Giunta v. Italy), №№ 39221/98 and 41963/98, p.249, ECHR 2000 - UIII].

Subjects appeal to the European Court identified in its affairs. In particular, "The Court may receive applications from any person, nongovernmental organization or group of individuals claiming to be the victim of assumption of one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto" [Hlinov against Ukraine, № 13693/05 , 2009, p.]. Each individual State Party concerned may apply to the court for the protection of the rights and freedoms osnovolozhnyh. Appeals shall be made only in writing when: 1) it suffered (was the victim) of that State violated his rights and freedoms (in our case - news); 2) The complaint concerns the subject of authority of the State; 3) used all national remedies to address information violated rights and freedoms; 4) the term breach of information rights and freedoms shall not exceed 6 months from the date of the decision the subject of powers of the state. Explanatory note for applicants and application form is available at the European Court, it can directly take the Secretariat of the Court, or get mail, after referring to the Court of appeal setting out the nature of the violated fundamental rights and freedoms. 129


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The cases before the Court is a public and adversarial. Exceptions may be when the Chamber or the Grand Chamber will decide differently. Obligatory element of the proceedings is the existence of legal representation (applicants who do not have sufficient funds CE provides legal assistance). Individual applications falls for consideration of a Section of the Court, whose head is appointed Judge-Rapporteur. The latter determines how the matter will be considered: three (Committee) or seven (Chamber) judges.

3.

4.

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REFERENCES:

1. Конституція Чехії.ỨSTAVA ČESKÉ REPUBLIKY. LISTINA ZΆKLADNNÍCH PRÁV A SVOBOD. PARLAMENT, MINISTERSTVA, OMBUDSMAN. ANTIDISKRIMINAČNÍ ́ ZÁKON podlle stavu k 11.9.2009.– Ostrava-Hrabůvka : sagit.– 2009.– 201 s. 2. Конституція Німеччини. Bundesrepablik Deutchland. Grundgesetz für die Bundesrepablik Deutschland. Textausgabe. Stand: Juli 2002. Herausgeber: Bundeszentrale für politische Bildung, Bonn. Umschlag: Norbert Josef Rsese. Satz: Medianhaus

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Fraitsheim AG, Bonn, Berlin. Druck: Chausen & Bosse, Leck. – 2004. – 96 p. Конвенція про захист прав людини та основоположних свобод з поправками, внесеними відповідно до положень Протоколу 11 з Протоколами 1,4,6,7,12,13. – Страсбург: Секретаріат Європейського Суду з Прав Людини, вересень 2003. – 35 с. Конституція Польщі. KONSTYTUCJA RZECZYPOSPOLITEJ POLSKIEJ (z dnia 2 kwietnia 1997 r.). – Łódź. – Wydawca : Oficyna WydawniczoReklamowa SAGALARA. – 2010 r. – 64 s. Україна. Ухвала Конституційного Суду України від 13 травня 2008 року № 24 – уп/2008 про припинення конституційного провадження у справі за конституційним зверненням громадянина Кибальчика В. П. щодо офіційного тлумачення ст.336 КК України та роз’яснення поняття "офіційний документ", що міститься в ній // Вісник Конституційного Суду України. – 2008. – № 3. – С. 58. 153. Кушакова Н. Розвиток інформаційного суспільства та права на інформацію в Україні / Н.Кушакова // Вісник Конституційного Суду України. – 2006. – №4. – С.16-22.


SOCIAL AND CULTURAL SECURITY


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (133-140)

WAR IN THE MIND: POSTTRAUMATIC STRESS DISORDER (PTSD) AFTER RETURNING FROM THE WAR ZONE Malwina Dankiewicz, M.A. Jagiellonian University in Cracow, POLAND ICLE INFO

ABSTRACT The article presents the characteristics of posttraumatic stress disorder (PTSD), a kind of mental disorder that can occur after experiencing a traumatic event such as war. It was described the types of events that can lead to PTSD, the way of development of the disorder, its symptoms and risk factors that increase susceptibility to developing the disease. It was analyzed the issue of combat stress as one of the possible sources of PTSD, typical for men, and the problem of suicide attempts among soldiers and veterans was also presented. The examples of preventive and therapeutic measures undertaken both in Poland and abroad were discussed. ARTICLE INFO Article history Received: 05.08.2014 Accepted: 16.10.2014 Keywords posttraumatic stress disorder, PTSD, combat stress, mental health

GENERAL CHARACTERISTICS OF PTSD Posttraumatic stress disorder (PTSD) is a mental health problem that can occur after someone goes through a traumatic event like war, assault, or disaster. The main symptoms of such stress include flashbacks, emotional numbness, hypersensitivity, aggressive behavior, and depression. It can develop following a traumatic event that threatens safety or makes feel helpless. Any overwhelming life experience can trigger PTSD, especially if the event feels unpredictable and uncontrollable, but in men military combat is the most common cause. Posttraumatic stress disorder can affect those who personally experience the catastrophe, those who witness it, and those who try to repair emotional or other damage afterwards,

including emergency workers and law enforcement officers. It can even occur in the friends or family members of those who went through the actual trauma. PTSD develops differently from person to person. While the symptoms of PTSD most commonly develop in the hours or days following the traumatic event, it can sometimes take weeks, months, or even years before they appear. Traumatic events that can lead to PTSD include: war, rape, natural disasters, kidnapping, car or plane crashes, assault, terrorist attacks, sexual or physical abuse, sudden death of loved one, childhood neglect or any shattering event that leaves someone feeling helpless and hopeless. There is the significant difference between PTSD and a normal response to trauma. The 133


Malwina Dankiewicz WAR IN THE MIND: POSTTRAUMATIC STRESS DISORDER (PTSD) AFTER RETURNING…

traumatic events that lead to posttraumatic stress disorder are usually so overwhelming and frightening that they would upset anyone. Following a traumatic event, almost everyone experiences at least some of the symptoms of PTSD. Normal reaction to abnormal events, when sense of safety and trust are shattered, is to feel disconnected, or numb. It’s very common to have bad dreams, feel fearful, and find it difficult to stop thinking about what happened. For most people, however, these symptoms are short-lived. They may last for several days or even weeks, but they gradually disappear. But if somebody has posttraumatic stress disorder, the symptoms do not decrease. This person does not feel a little better each day, even may start to feel worse. After a traumatic experience, the mind and the body are in shock, but people usually come out of it, as they make sense of what happened and process their emotions. With posttraumatic stress disorder, however, they remain in psychological shock.1 Start of disorder occurs after a period of latency, which can last from several weeks to several months. We can start calling it PTSD when symptoms persist for more than a month and hamper daily functioning. There are three types of PTSD: acute, chronic, and delayed onset. In acute PTSD symptoms last less than 3 months, in chronic PTSD symptoms last 3 months or more, in delayed onset PTSD symptoms first appear at least 6 months after the traumatic event. In some people, the disorder can persist for many years and untreated - go to a permanent change of personality (chronic form of the disorder develops in about 30% of people experiencing PTSD).2 1 National Institute of Mental Health, Post-Traumatic Stress Disorder (PTSD) [in:] http://www.nimh.nih.gov/health/topics/post-traumatic-stressdisorder-ptsd/index.shtml (26.07.2013). 2 J. Wciórka, Kryteria diagnostyczne według DSM-IV-TR, Elsevier Urban & Partner, Wrocław 2008.

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The symptoms of posttraumatic stress disorder can arise suddenly, gradually, or come and go over time. Sometimes symptoms appear suddenly from nowhere, at other times, they are triggered by something that reminds of the original traumatic event, such as a noise, an image, certain words, or a smell. There are three main types of symptoms: re-experiencing the traumatic event, avoiding reminders of the trauma and increased anxiety and emotional arousal. Reexperiencing the traumatic event relies on intrusive, upsetting memories of the event, flashbacks (acting or feeling like the event is happening again), nightmares (either of the event or of other frightening things), a feeling of intense anxiety during recall of trauma and intense physical reactions to reminders of the event (e.g. pounding heart, rapid breathing, nausea, muscle tension or sweating). Avoidance and numbing rely on avoiding activities, places, thoughts, or feelings that remind of the trauma, inability to remember important aspects of the trauma, loss of interest in activities and life in general, feeling detached from others and emotionally numb, and sense of a limited future (traumatised person does not expect to live a normal life span, get married, or have a career).3 Increased anxiety and emotional arousal are revealed in difficulty falling or staying asleep, irritability or outbursts of anger, difficulty concentrating, hypervigilance, feeling nervous and easily startled. Other common symptoms of PTSD are: anger and irritability, depression and hopelessness, guilt, shame, or self-blame, suicidal thoughts and feelings, substance abuse, feeling alienated and alone, feelings of mistrust and betrayal, physical aches and pains which can finally lead to poor 3

PTSD Support Services, The Symptoms of Post-Traumatic Stress Disorder: Chronic and/or Delayed [in:] http://www.ptsdsupport.net/ptsd_symptoms2.html (26.07.2013).


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quality of life, unemployment, family breakdown and other life challenges.4 While it’s impossible to predict who will develop PTSD in response to trauma, there are certain risk factors that increase the vulnerability. Many risk factors revolve around the nature of the traumatic event itself. Traumatic events are more likely to cause PTSD when they involve a severe threat to the life or personal safety: the more extreme and prolonged the threat, the greater the risk of developing PTSD in response. Intentional, human-inflicted harm - such as rape, assault, and torture - also tends to be more traumatic than unintended or more impersonal accidents and disasters. The extent to which the traumatic event was unexpected, uncontrollable, and inescapable also plays a role. Other risk factors for PTSD include: previous traumatic experiences, history of depression, anxiety, or another mental illness, family history of PTSD or depression, high level of stress in everyday life, history of physical or sexual abuse, history of substance abuse, luck of support after the trauma and lack of coping skills.5 COMBAT STRESS INJURY Combat stress is the reaction of normal people (in this case - soldiers) on the abnormal situation (e.g. bombardment, shooting, the first use of weapon or defense). It accompanies every warfare - the more intense it is, the greater the stress. Soldier fighting the enemy has to suppress his emotions for some time and avoid identifying with him, feeling remorse or compassion due to inflict suffering. This attitude is very difficult

12

to start, but also difficult to extinguish.6 In other words, combat stress is a reaction to the constant threat to life and health, the horrors of war, longing for loved ones in the country, as well as the difficult living conditions in the mission. Stress does not always have to be pathological. It becomes such when it comes to a sudden mental crisis, the collapse or exhaustion of soldier's psychological and biological defense mechanisms. According to prof. Stanisław Ilnicki, the former head of the Department of Psychiatry and Combat Stress of the Military Medical Institute in Warsaw, in such circumstances we are dealing with posttraumatic stress disorder (PTSD).7 Lt. Col. MD Wojciech Żarowski, Deputy Head of Department of Psychiatry in Clinical Military Hospital in Krakow, describes the symptoms of combat stress: the presence of a very strong anxiety, hyperactivity, explosiveness or withdrawal, reliving the traumatic situation, intrusive memories, nightmares, returning in thought to the event which increases the neurotic symptoms, emotional numbness, withdrawal from contact, inability to experience pleasure, hypersensitivity, aggressive behavior, low mood, lack of ability to enjoy, increased heart rate, increased pressure, fainting, depression and, in extreme cases, suicidal thoughts.8 Strong participation of Polish soldiers in missions in the Balkans, Lebanon, Iraq and Afghanistan have caused that the mental health problems of returning veterans are particularly important also in Poland. In 2005 in Warsaw was opened the Department of 6

4

National Center for PTSD, Common Reactions After Trauma [in:] http://www.ptsd.va.gov/public/pages/commonreactions-after-trauma.asp (26.07.2013). 5 M. Smith, J. Segal, Post-Traumatic Stress Disorder (PTSD). Symptoms, Treatment and Self-Help for PTSD [in:] http://www.helpguide.org/mental/post_traumatic_stress_diso rder_symptoms_treatment.htm (26.07.2013).

Ch, R. Figley, W. P. Nash, Stres bojowy. Teorie, badania, profilaktyka i terapia, Wydawnictwo Naukowe PWN, Warszawa 2010. 7 K. Przepióra, Wojna zmienia każdego [in:] http://www.wojsko-polskie.pl/pl/z-zycia-wojska/18909,wojnazmienia-kazdego.html (17.04.2012). 8 E. Szkurłat, To jest wojna, proszę pani [in:] http://www.polskieradio.pl/80/1007/Artykul/662550,To-jestwojna-prosze-pani-Ewa-Szkurlat (09.08.2012).

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Psychiatry and Combat Stress of the Military Medical Institute .The purpose of this unit is psychiatric and psychological assistance for Polish Army soldiers with symptoms of post traumatic stress disorder, their families and other victims, such as victims of terrorist attacks. Since 2005, in the Department have been hospitalized more than 290 soldiers, some of them several times. The total number of hospitalizations by 2014 is more than 440 militaries. Since 2014 the veterans and their families can also benefit from a nationwide telephone helpline, launched at the Department. According to estimates, posttraumatic stress affects about 10% of the veterans of the Polish military contingents.9 It is estimated that worldwide about 30% of veterans who served in Vietnam, have experienced symptoms of PTSD. In addition, about 20 to 25% of Vietnam War veterans experienced PTSD symptoms later in their lives. PTSD was also observed in the group of veterans of other wars. It is estimated that the disorder affected about 10% of veterans of the Gulf War, 6 to 11% of the soldiers involved in the mission in Afghanistan and 12 to 20% of the soldiers serving in Iraq.10 Lt. Col. MD Radosław Tworus, Head of the Department of Psychiatry and Combat Stress of the Military Institute of Medicine in Warsaw says that in the clinic of all patientsveterans classic PTSD is diagnosed only in 30% of people. Others suffer from various types of adjustment disorders associated with prolonged stay in the area covered by hostilities. Most of the veterans were not hurt, does not have the typical PTSD, but require treatment. Combat stress can cause a variety of mental health problems - from classic

PTSD by different forms of anxiety disorders, anxiety-depressive disorders, depressive disorders, emotional, behavioral and sleep disorders (e.g. isolation from other people, a lack of sensitivity or emotional dullness, nightmares), to abuse or addiction to alcohol and drugs. Often various mental problems occur at the same time. Combat stress also affects the disclosure or severity of mental disorders that occurred before military missions. Each of them requires different forms of psychotherapeutic and pharmacological assistance. Soldiers taking part in foreign missions are subjected to prolonged combat stress that begins even before they leave. The first stress period begins upon receipt of information about departure, the next is during the mission, and the third one appears immediately after returning to the country and takes the longest, up to two years after the end of the mission. In each of these periods another group of stressors affect the soldier: in the first one appears the fear of separation from loved ones, new and unknown place, interpersonal relations and threat to life and health; the second period is dominated by anxiety and other emotional reactions resulting from direct risk of own and colleagues lives, associated with a view of death, disability, suffering, and connected with the responsibility for the death of an enemy. In the third, the longest period, comes to pooling the emotions of the first and second stages and emotions related to the finding in the former roles: at home and in the unit.11 According to regulations, a soldier can stay in the mission no longer than six months, followed by another six months of resting, and after a further six months of preparation

9

P. Glińska, Telefon zaufania dla weteranów [in:] http://polska-zbrojna.pl/home/articleshow/11176?t=Telefonzaufania-dla-weteranow (21.01.2014). 10 U.S. Department of Veterans Affairs, How Common is PTSD? [in:] http://www.ptsd.va.gov/public/PTSDoverview/basics/how-common-is-ptsd.asp (31.07.2014).

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11

J. Rybak, Zakamarki żołnierskiego umysłu [in:] http://polskazbrojna.pl/home/articleinmagazineshow/12465?t=ZAKAMA RKI-ZOLNIERSKIEGO-UMYSLU (27.04.2014).


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he can go on another mission. In practice, the rotation is faster, soldiers are overexploited, and while still in the fight they incur large losses. The long absence also has an impact on family life, which is subject to change in the absence of a soldier. Impact on family breakdown after returning from the mission also have other problems often comorbid with PTSD, such as violence, alcoholism, depression and suicide 12 attempts. SUICIDES AMONG SOLDIERS Suicide attempts among soldiers are unfortunately not uncommon. According to data released by the Ministry of National Defence, in 2012 as a result of suicide died eleven Polish militaries. Taking into account that in the entire armed forces (professional soldiers, candidates for professional soldiers and National Reserve Forces) served at this time 105.4 thousand people, the number of suicides per 100 thousand of uniformed is 10.4, which is the same as in the general population. So officially in the Polish army commit suicide far less soldiers than in the U.S. military, but there are not conducted statistics on veterans. Research from the U.S. and Great Britain shows that those who leave the army, commit suicide more often than the rest of the population, are also more likely to develop mental disorders and tend to cope worse with debilitating addictions. The U.S. Army suicide rate is steadily growing and in the first half of 2013 reached alarming number of 29 per 100 thousand uniformed, while among civilians in a similar age group was 18.5 per 100 thousand people. Data published in the American Journal of

12

E. Szkurłat, To jest wojna, proszę pani [in:] http://www.polskieradio.pl/80/1007/Artykul/662550,To-jestwojna-prosze-pani-Ewa-Szkurlat (09.08.2012).

12

Public Health show that the risk of committing suicide by an American veteran is two times higher than for the rest of society.13 In 2012 about 6,500 of them took their lives away. This is 20% of all suicides that occurred at that time in the United States. If the veteran has less than 25 years, the risk even increases up to four times.14 In turn, prof. Nav Kapur from The Centre for Suicide Prevention, studied veterans of the British Army. In the age group under 24 years of age the risk of suicide of former soldiers is three times higher than of their peers. Only among older veterans it decreases significantly and is no different from the rest of society.15 In the Israel Defense Forces in the 90s, according to government information, 39 soldiers per year took their own lives, and in 2003 it was 43 active uniformed - much more than died of natural causes or were killed in a battle. They were mostly young, twenty years old people. Despite guaranteed anonymity, going to a psychologist causes high concern, mainly because of the possibility of dismissal with the annotation of mental incapacity to serve, i.e. Profile 21, which becomes a burden for life, taking away a chance to earn the driver license or get a job in government institutions, as well as discouraging private entrepreneurs to employ similar applicants. All of this definitely hinders the detection

13

M. Miłosz, Ministerstwo do weteranów: Wasze problemy nas nie obchodzą [in:] http://wiadomosci.dziennik.pl/wydarzenia/artykuly/419073,m on-do-weteranow-wasze-problemy-nas-nie-obchodza.html (12.02.2013). 14 M. Staniul, Samobójstwa żołnierzy - mroczny sekret współczesnych sił zbrojnych [in:] http://konflikty.wp.pl/kat,1020351,title,Samobojstwazolnierzy-mroczny-sekret-wspolczesnych-silzbrojnych,wid,15334560,wiadomosc.html (15.02.2013). 15 M. Miłosz, Ministerstwo do weteranów: Wasze problemy nas nie obchodzą [in:] http://wiadomosci.dziennik.pl/wydarzenia/artykuly/419073,m on-do-weteranow-wasze-problemy-nas-nie-obchodza.html (12.02.2013).

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of serious disorders, such as depression or PTSD.16 SUMMARY PTSD is a disease which can be more dangerous for soldiers than the participation in hostilities. Soldiers who have not coped with the trauma, cannot return to completing tasks and function properly in a group, as they are a real threat to themselves and colleagues. According to prof. Stanisław Ilnicki, in the Department of Psychiatry and Combat Stress of the Military Medical Institute in Warsaw are being made the attempts to restore to service the soldiers with PTSD, who usually wish to continue military service.17 However, according to Lt. Col. Mirosław Ochyra, spokesman of the Operational Command of Branches of Armed Forces, looking at the experience of the United States, there is a need to strengthen preventive measures.18 An example worthy of emulation is the publication of two guides for people returning from the war by the U.S. Department of Veterans Affairs. The publication Returning from the War Zone. A Guide for Military Personnel discusses the following topics: What common reactions should you expect following the trauma of war? What experiences are you likely to encounter on the home front? How can you positively cope with the transition? What are signs that you or your war buddies might need some outside assistance? Where can you go for

16

M. Staniul, Samobójstwa żołnierzy - mroczny sekret współczesnych sił zbrojnych [in:] http://konflikty.wp.pl/kat,1020351,title,Samobojstwazolnierzy-mroczny-sekret-wspolczesnych-silzbrojnych,wid,15334560,wiadomosc.html (15.02.2013). 17 E. Szkurłat, To jest wojna, proszę pani [in:] http://www.polskieradio.pl/80/1007/Artykul/662550,To-jestwojna-prosze-pani-Ewa-Szkurlat (09.08.2012). 18 M. Górka, Samobójstwa w armii. Rozpoznanie plagi [in:] http://wyborcza.pl/1,76842,11995571,Samobojstwa_w_armii __Rozpoznanie_plagi.html (23.06.2012).

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assistance?19 Another publication Returning from the War Zone. A Guide for Families of Military Members focuses on answers to the questions: What are common reactions to war? What common issues do families of returning service members experience? How can you prepare for this reunion? How can you positively cope with the transition? What are warning signs that your service member might need some outside help? What are treatment options for PTSD and other mental health problems? Where can you and your service member go for help?20 Another example of the activities undertaken in the U.S. to war veterans is the Trauma Management Therapy Program in University of Central Florida's Anxiety Disorders Clinic, designed to deal effectively with the psychological consequences of the participation of soldiers in military missions in Iraq and Afghanistan. This clinical research program, funded by a grant to UCF from the Department of Defense Military Operations Medical Operations Program, is offering a treatment plan that uses the most effective treatments for combat-related PTSD. Research indicates that one of the most effective methods is cognitive behavioral therapy (CBT). Within the program is used one of the CBT techniques - exposure therapy, which involves the strategy of approaching to the fearful situation, which forces to face the fear and provides a reinforcement for this. As a result, this therapy helps people face and control their fear, through exposing to the experiences trauma, but in a safe way. Usually in this purpose is used mental imagery, writing, or visits to the place where the traumatic

19

U.S. Department of Veterans Affairs, Returning from the War Zone. A Guide for Military Personnel, 2010. 20 U.S. Department of Veterans Affairs, Returning from the War Zone. A Guide for Families of Military Members, 2010.


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event happened21. UCF’s Anxiety Disorders Clinic uses olfactory stimulants to replicate traumatic events experienced by PTSD sufferers. Visual, audio and tactile components are also used, but according to patients, smell acts as the most powerful trigger.22 As a strategy to cope with the negative effects of stress, consisting in the change of the environment and thus reducing the number and intensity of environmental stressors, is impossible in the case of participation in the armed combat, hence should be prevented the occurrence of adverse consequences of stress, such as PTSD, through effective stress management. The key is education: the transfer of knowledge on stress (including traumatic), its symptoms and consequences; knowledge of the ways of coping and familiarizing with the simplest relaxation techniques.23 Most importantly, it should be remembered that posttraumatic stress disorder is completely treatable, if the therapeutic measures are implemented at an early stage. .

3.

REFERENCES:

11.

1.

2.

Figley Ch. R., Nash W. P., Stres bojowy. Teorie, badania, profilaktyka i terapia, Wydawnictwo Naukowe PWN, Warszawa 2010. Glińska P., Telefon zaufania dla weteranów [in:] http://polskazbrojna.pl/home/articleshow/11176?t=Telefonzaufania-dla-weteranow (21.01.2014).

4.

5.

6.

7.

8.

9.

10.

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13. 21

National Institute of Mental Health, Post-Traumatic Stress Disorder (PTSD) [in:] http://www.nimh.nih.gov/health/topics/post-traumatic-stressdisorder-ptsd/index.shtml (26.07.2013). 22 UCF RESTORES, Department of Psychology at the University of Central Florida, PTSD Treatment [in:] http://psychology.cos.ucf.edu/ucf-restores/clinical-researchprograms/ptsd-treatment/ (27.07.2014). 23 B. Nowak, Stres bojowy. Przyczyny, oznaki, zapobieganie: materiał do zajęć z kształcenia obywatelskiego, t. 7, Ministerstwo Obrony Narodowej, Departament Wychowania i Promocji Obronności, Warszawa 2008.

14.

15.

16.

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Górka M., Samobójstwa w armii. Rozpoznanie plagi [in:] http://wyborcza.pl/1,76842,11995571,Samobojstwa_w_ armii__Rozpoznanie_plagi.html (23.06.2012). Miłosz M., Ministerstwo do weteranów: Wasze problemy nas nie obchodzą [in:] http://wiadomosci.dziennik.pl/wydarzenia/artykuly/4190 73,mon-do-weteranow-wasze-problemy-nas-nieobchodza.html (12.02.2013). National Center for PTSD, Common Reactions After Trauma [in:] http://www.ptsd.va.gov/public/pages/commonreactions-after-trauma.asp (26.07.2013). National Institute of Mental Health, Post-Traumatic Stress Disorder (PTSD) [in:] http://www.nimh.nih.gov/health/topics/post-traumaticstress-disorder-ptsd/index.shtml (26.07.2013). Nowak B., Stres bojowy. Przyczyny, oznaki, zapobieganie: materiał do zajęć z kształcenia obywatelskiego, t. 7, Ministerstwo Obrony Narodowej, Departament Wychowania i Promocji Obronności, Warszawa 2008. Przepióra K., Wojna zmienia każdego [in:] http://www.wojsko-polskie.pl/pl/z-zyciawojska/18909,wojna-zmienia-kazdego.html (17.04.2012). PTSD Support Services, The Symptoms of PostTraumatic Stress Disorder: Chronic and/or Delayed [in:] http://www.ptsdsupport.net/ptsd_symptoms2.html (26.07.2013). Rybak J., Zakamarki żołnierskiego umysłu [in:] http://polskazbrojna.pl/home/articleinmagazineshow/12465?t=ZAKA MARKI-ZOLNIERSKIEGO-UMYSLU (27.04.2014). Smith M., Segal J., Post-Traumatic Stress Disorder (PTSD). Symptoms, Treatment and Self-Help for PTSD [in:] http://www.helpguide.org/mental/post_traumatic_stress _disorder_symptoms_treatment.htm (26.07.2013). Staniul M., Samobójstwa żołnierzy - mroczny sekret współczesnych sił zbrojnych [in:] http://konflikty.wp.pl/kat,1020351,title,Samobojstwazolnierzy-mroczny-sekret-wspolczesnych-silzbrojnych,wid,15334560,wiadomosc.html (15.02.2013). Szkurłat E., To jest wojna, proszę pani [in:] http://www.polskieradio.pl/80/1007/Artykul/662550,Tojest-wojna-prosze-pani-Ewa-Szkurlat (09.08.2012). UCF RESTORES, Department of Psychology at the University of Central Florida, PTSD Treatment [in:] http://psychology.cos.ucf.edu/ucf-restores/clinicalresearch-programs/ptsd-treatment/ (27.07.2014). U.S. Department of Veterans Affairs, How Common is PTSD? [in:] http://www.ptsd.va.gov/public/PTSDoverview/basics/how-common-is-ptsd.asp (31.07.2014). U.S. Department of Veterans Affairs, Returning from the War Zone. A Guide for Families of Military Members, 2010.

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17. U.S. Department of Veterans Affairs, Returning from the War Zone. A Guide for Military Personnel, 2010. 18. Wciórka J., Kryteria diagnostyczne według DSM-IV-TR, Elsevier Urban & Partner, Wrocław 2008.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (141-152)

CONCEPT OF THREATS AND NATIONAL DEFENSE IN THE JAPANESE IDEOLOGY AND DOCTRINE Marek Hoborowicz, M.A. Jagiellonian University in Cracow, POLAND ICLE INFO ABSTRACT The concept of threat and defense concerns an individual, social group but also – in a wider understanding – policy of every state, which is emphasized by researchers of this issue. To be able to refer to the issue of threat and defense in both epistemological and ontological sense, one should identify a specified social group or state, i.e. create a sociological layer, which enables to distinct the characteristic, unique elements. This paper attempts to first shortly discuss the aspect of threat and defense of national interests using the example of Japan after the so-called Meiji Restoration and second prove that in the case of this country, as in no other, the question of defense as a reaction to threat, reaches far into social culture, maintaining historical continuity, enriched with elements derived from the Western culture. Starting point for these deliberations on the subject of Japanese specificity in relations to perceiving threat and defense is definition proposed by Juliusz Piwowarski, who indicated few important components, which altogether compose the concept of threat and defense.

ARTICLE INFO Article history Received: 08.12.2014 Accepted 15.12.2014 Keywords Threat, security, Japan, ideology, doctrine, Russo-Japanese war

Before one starts to discuss both of these issues, they should be defined first. J. Piwowarski, a specialist in the field of security, defined the concept of threat as follows: “Threat is a phenomenon which is primal in relation to an epiphenomenon of security. The level of absence or of the degree of control over threats for a subject of security determines not only its survival but also the possibilities for further development in both personal and social dimensions.”1 Taking into consideration the overall relation and interaction between a threat and 1

J. Piwowarski, Fenomen Bezpieczeństwa, Kraków 2014, p. 19-20.

sense of security or of its lack, it is necessary to define also the concept of security. For the purposes of this study it will be necessary to recall a multidimensional definition of security proposed by J. Piwowarski, including, however, only three dimensions: epistemological, ontological and a sociological one. It must be noted that: “Security, for a specific individual or collective entity, is a multi-faceted phenomenon, concerning this entity directly or indirectly, which spectrum consists of the following components: • a desired state, which means for a specific entity the level of effectiveness of 141


Marek Hoborowicz CONCEPT OF THREATS AND NATIONAL DEFENSE IN THE JAPANESE IDEOLOGY…

control over possible threats to values relevant to the entity in the given place and time; in other words, security is a state which reflects the result of the difference of potentials: the potential of self-defense of a specific entity and the potential of threats to the entity in a given space-time […] • a development process, which is a metaneed of a human, through which is realized personal and social growth of the potential that increases the autonomous defense of an entity […], • a social construct, effect of the functioning of social ties of interdependences and interactions occurring in the human population, which is also one of the subjects of protection that is able to withstand numerous threats” 2 In the situation of increase of risk the sense of security disappears, which generates the need of defense in order to restore the desired level of security through elimination of the threat. Since the beginning of the Japanese statehood the security system: clan, ancestral and finally after 1868 – a national one – was based on the class of warriors called bushi – or samurai. The development of the knightly clans was strongly associated with the native belief system – shintō. The process of unification of shintō, which took place in the period of VII – VIII century was also the time when the developed philosophical and doctrinal systems: Buddhism and Confucianism had a strong impact on this primitive conglomerate of beliefs, myths and legends. “As did the Taoism in China, in Japan Buddhism set a framework of this primitive animism and contributed to the fact that it finally earned the name shintoism (“

2

Ibidem, p. 20-21.

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the way of gods”, in contrast to “the way of Buddha”).3 Suzuki Daisetsu4 evaluating the influence of Buddhism on the culture of Japan from the perspective of several centuries states: “We cannot discuss the Japanese culture, without including Buddhism, because at each stage of its development we can find different forms of the Buddhist manner of feeling. In fact, there are no areas in the Japanese culture that were omitted by the Buddhist influence, so pervasive, that we, who live in its center, are not aware of this at all. Since the official bringing it to Japan in the sixth century, Buddhism is the most inspiring factor in the history of the culture of this country. It could be said that the fact of introduction of Buddhism, as it were on the recommendation of the ruling classes of that era, made it an important factor in the cultural progress and political consolidation. Buddhism quickly began to be identified with the state […] Buddhism was fully involved in the policy of successive governments and in many ways helped to enforce it.”5

3H.

G. Blocker, Ch.L.Starling, Filozofia japońska, transl.. N. Szuster, Kraków 2008, p. 36-37. 4 Suzuki Daisetsu Teitaro (1870-1966) belonged to the samurai class. He was one of the most well-known Japaneese thinkers. He was a professor of Buddhist philosophy, first and the most important exponent of the philosophy of Zen in the West. By his numerous studies on Buddhist thought, and especially on Zen he started in the West his scientific and philosophical research on the essence of Buddhism and Zen and its impact on the culture and history of the people of Asia. At the beginning of the XX century he lived in the United States and Europe, where he participated in numerous conferences devoted to the development of religion, gave lectures and seminars, as well as published numerous scientific papers on the school of Buddhism Mahayana and Zen. He was engaged in translating Buddhist literature from Japanese and Chinese to English. D. T. Suzuki in his publications and research studies dealt with the metaphysical and philosophical exploration of nature of religion and has compared mystic Christian and Buddhist philosophy. 5 D. Suzuki, Zen i kultura japońska, transl. B. Szymańska, P. Mróz, A. Zalewska, Kraków 2009, p.141


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What becomes essential to the explanation of the essence of the development of the national security system based on the samurai class is the influence of Buddhist philosophy, especially Zen6 sect, on ethical and moral attitudes of Japanese warriors that seem to have a specific character. Zen relationship with samurai was explained in details by already mentioned D. Suzuki. He writes, “It should be mentioned about the inner relationship between the samurai manner of feeling and zen. Now it is recognized that the elements that define bushido are: unwavering perception of the demand for the samurai’s dignity, expressed in loyalty, filial devotion, nobility, kindness and generosity”.7 The concepts of honor and filial devotion became basic building blocks of morality of soldiers after 1868 and were a source of strength of every citizen of Great Japan, who fought for the fulfillment of the ideas included in the doctrines: Kokutai and Hakko-Ichiu (which will be explained in further part of this work). Analyzing causes of close relationship of the class of warriors with Zen Suzuki Daisetsu explains: “It may seem strange that Zen was in some way linked to the samurai spirit or samurai stratum of the Japan society. Regardless of the form that Buddhism took on in different countries in which it was developing, it is a religion of compassion and in its variable history it has never been involved in wars.” 8 D. Suzuki says that there were several reasons for this. Lack of a clear incentive to fight “[…] passively sustained a fighting spirit 6

It is assumed that Zen was brought to Japan in the XII century ( Kamakura season) by a Buddhist monk Eisai (1148-1215). The new philosophy was appreciated by the Hōjō clan samurai – the family that was famous for bravery, discipline and even ascetic way of life. No wonder that Eisai and his philosophy of minimalism and emptiness gained him recognition in the eyes of the family, which gave him the role of a spiritual guide. 7 D. Suzuki, Zen i kultura japońska, p.43. 8 Ibidem, p.37.

12

when warriors, for some reasons, had to step on the warpath. Zen did it in two ways: ethical and philosophical. Ethical - because Zen is a religion that teaches not to look back when you have to take some action, philosophical because it treats with equal indifference both life and death”.9 Worth to be emphasized are strongly accentuated by Zen discipline and selfimprovement. Mind, which was clear and focused on the fight, was a guarantee of a win. An obstacle in obtaining internal concentration was craving for wealth, excessive emotionality and unnecessary intellectual speculation. All of this made it difficult to achieve the goal. Zen with its cult of simplicity was everything that a warrior with his simple and not used to the philosophical thinking mind needed. Despite the message of peace which is carried by the philosophy of Zen, one of its most important symbols is a sword. Although it is identified with the struggle against evil, in the base layer it was a symbol of warrior’s power, his loyalty and willingness to sacrifice his life for his master. The significance of a sword in this case is closely related to the concept of the spirit of patriotism and was heavily emphasized, contributing to the development of nationalistic and militaristic attitudes in Japan after 1868. Also shintō referred to the symbolism of a sword, but Suzuki Daisutsu claims that there it has not as strong spiritual dimension as it has in Buddhism. “In shintō a sword always reveals its naturalistic origin. It is not a symbol but a powerful item with mysterious powers”.10 Despite some reservations of D. Suzuki, one cannot ignore the fact that the symbol of a sword in the shintō during the Meiji Restoration - and later - had major ideological and political meaning for the legitimism of the imperial power and for creation of a basis for Japanese nationalism and expansionism. 9 10

Ibidem. Ibidem, p. 55.

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Thus, D. Suzuki’s considerations as a representative of the Zen sect can be understood as emphasizing a strong influence of the philosophy of fighting spirit on the formation of successive generations of warriors, which created a close and inseparable relationship of this social class and Zen. The sense of Suzuki’s views has to be examined from the perspective of time in which they were uttered, i.e. the period of a strong impact of the Kokutai ideology, which in an institutionalized way sought to minimize the influence of Buddhism on the Japanese society. Therefore D. Suzuki’s thoughts had at that time a special dimension as they indicated a huge contribution of Zen to shaping the spirit and attitude of a large class of warriors, which became the nucleus of the army, fulfilling in practice the ideological foundations of the Empire of Great Japan. In the process of upbringing of a warrior one of the most significant values was loyalty, perceived as one of the most important virtues. In The Young Samurai Code - Budō Shoshinshu in the rule describing a filial love Kō Kō it is written, “Regardless of whether since the birth he will be gifted, smart, eloquent and handsome, if he is disloyal, he would quickly come down on the wrong path and become useless”11. Further there are also some important leads, “And although the words “parent”, “ruler”, “filial affection” and “loyalty” differ, their meanings have something in common”12. In the consideration of the principles of education and attitudes of Samurai, as well as other social areas, we get to the essence of the idea of Confucian philosophical message. Conrad Totman assessing the scope of the impact of Confucian principles on shaping of the Japanese political system claims that the time of onset of the Confucius’ philosophy

fell on the period when in Japan family known as Yamato came to dominance, which by combining in the person of the emperor both the political and religious functions led to centralization of power and significantly expanded their influence. “As soon as Yamato leaders expanded their power to the East and West, they encountered more complex internal political problems and were involved in diplomatic problems with a new and powerful dynasty T'ang in China. In order to remedy these problems they implemented political reforms that combined the principles of legitimacy and bureaucratic practices used by the T'ang dynasty. The reforms included the Confucian concept of the emperor, as the sole ruler, bureaucratic authority of regional and local governments, a military system based on public recruitment and a tax system, closely corresponding with the production capacity of the country.” 13 The adaptation of Confucian principles was not only about an administrative organization of a state. Confucian philosophy, having quite a significant resemblance to the traditional Japanese system of values, which has a strong emphasis on the hierarchical social order with the dominant role of a family, was initially treated by the imperial court as a justification for these values, and even strengthened their importance due to its origin. Adoption of the Chinese philosophical system by the Japanese court circles was something momentous and honorable, and at the same time due to its ideological overtones had a very practical dimension. Presentation in the Confucian conceptual system of a state as a representation of a family - with its dependencies, hierarchies, emphasizing the importance of respect and devotion to the father of a family, and in the broader meaning, to the ruler, respect to elders and senior – perfectly fitted

11

Daidoji Yuzan Shigesuke, Kodeks Młodego Samuraja Budō Shoshinshu, przeł. D. Marczewska, Bydgoszcz 2004, p. 18. 12 Ibidem, p. 19.

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13

C. Totman, Early Modern Japan, University of California Press 1995, p.16


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the needs of the Japanese court to consolidate those principles among the society, which significantly influenced political empowerment of the ruler. One should not assume that Confucianism was adopted in all and without reservations. The differences between Japanese and the Chinese systems of governance were important and very significant. In Japan the concept of the mandate of heaven was unknown, whereas it was an important part of the Confucian philosophy. In China wielding the power was of conditioned nature, as long as the ruler, who was holding his office with the mandate of heaven act in accordance with the will of heaven, walking the path of heaven (tao). Following the virtues and providing harmony guaranteed him his position. Despotic reigns were ending with the overthrow of the ruler by the people, which was the order of heavens. This Chinese method of limiting despotism was unfamiliar in Japan and ideologically distant from the Japanese rule of governance. A Japanese Emperor held no power from someone's mandate, he held an office as a result of a divine command, “…You, my grandson, go there and carry a government”, the Japanese emperor himself was a god, and was not subjected to earthly law, not to mention the whims of the people regarding following this or that ruler. For the Japanese, the Chinese mandate of heaven was unconditioned transfer of power, without any possibility of withdrawal, an attack on the reign wielded by the divine descendant was against the will of heaven. Regardless of the level of acceptance of its basic ethical and moral principles at different times and by different centers of power in Japan, there was a huge impact of Confucian philosophy on the religious, cultural, political and social tradition. Historians and cultural researchers in related fields of knowledge agree that the Confucian philosophical system “played a major role in the evolution of Japa-

12

nese religion, giving a specific character to the modern shintō”14. Its unique advantages in shaping social attitudes have been spotted in the early Edo period15. Since the inception of their governments, i.e. from 1603, Tokugawa noticed its extraordinary potential. The legitimacy of the shogun's power in military governance and administration of the country (like several centuries earlier) occurred based on “…Confucian values and ideals…” 16. “For very important are knowledge of their place, treating social relations with honor, respect for order and fulfillment of obligations.”17 Having regard to the need to strengthen the position of the Tokugawa military power, it was necessary to make significant changes: “Certain aspects of this philosophy, however, were modified to fit the reality of Japan more. For example, the Chinese Confucianism allowed for showing fidelity to beliefs, whereas in Japan this was limited to fidelity to the superior”18. This interpenetration of ideas, beliefs and rituals was important to consolidate social patterns such as loyalty, devotion, faith in the divinity of Japan as a country house of the gods, and the superiority of the Yamato family, which had divine roots. However, above all the Confucian rules of loyalty combined with the indifference to death, strongly emphasized in zen, shaped the attitude of Japanese warriors. It is worth to once again recall the words 14

B. Bocking, A Popular Dictionary of Shinto, Psychology Press 2005, p.17. About the influence of Confucianism on the development of other dimensions of the social life in Japan writes Tu- Wei -Ming in Confucian Traditions in East Asian Modernity: Moral, Education and Economic Culture in Japan and the Four Mini-Dragons, Harvard Uniwersity Press 1997, p. 21-37. 15 Edo period (Edo jidai) coincides with the period of the Tokugawa government, which began in 1603 and lasted continuously until 1868 when the political power has been restored to the emperor again, as ushered was the period that in the history of Japan was called The Meiji Restoration. 16 C. Totman, Early Modern Japan, p. 21. 17 Kenneth. G. Henshall, History of Japan, Warszawa 2011, p. 78. 18 Ibidem, p.78.

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of D. Suzuki, who explains, “Since the dawn of history Zen has always been strongly associated with the life of samurais. Although it has never encouraged actively to violent activities, it passively sustained the fighting spirit when the warriors - for some reasons- had to step on the warpath. Zen did it in two ways: ethical and philosophical. Ethical - because Zen is a religion that teaches not to look back when you have to take some action, philosophical because it treats with equal indifference both life and death”19. Discussing the nature and symbolism of the sword in terms of Confucianism and Zen, which has a defense functions in relation to an individual and a specific community (clan, nation), cannot be omitted. Here we will also use D. Suzuki’s approach to this idea: “Therefore a sword shall fulfill two tasks: it must remove everything that gets in the way of the will of a holder and lead to the suppression of all pulses that rises from the instinct of self-preservation. This first task directly concerns a patriotic spirit, and sometimes also a military one, the latter one has its religious references to loyalty and sacrifice. In the first meaning a sword often simply means destruction. It can also be a symbol of power, sometimes a demonic one. A sword must therefore be under the control and perform the second function indicated. An aware holder of a sword always keeps that in his mind. Destruction should be directed always against an evil spirit. A sword is identified then with the annihilation of what carries the threat to peace, justice, progress and humanism - with everything that is important for the whole world of spiritual bliss”20. A sword is also important in the symbolism of Shinto. It has a divine origin and it is used by samurais with the highest esteem. Its importance is emphasized by all of the divine books - Kojiki and Nihongi. Transmissions, 19 20

D. Suzuki, Zen i kultura japońska, p. 43. Ibidem, p. 54.

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myths and legends contained in the books played the most important role in the process of educating young samurai, which underlines a great importance of symbolism and its unquestionable genealogical continuity. One of the best examples which reflects this message is a story of a national hero named Yamatotakeru. This story is important as it combines several key elements: a reference to the main Shinto temple in Ise - a place of worship of the only descendant of the gods - the emperor and his divine ancestors, a symbol of a sword, and of genealogy of the family of Yamato”21. The political, economic and social transformation which took place in Japan after the restoration of full imperial power in 1868 did not affect the re-evaluation within the morality and the duties of a warrior class, on the contrary, it gave a new meaning to the traditional virtues. A researcher Hajime Nakamura presents it as follows, “After the Meiji Restoration, until the discomfiture in the World War II, the willingness to sacrifice (addressee of which in the feudal epoch was the senior), was declared to the emperor. The spirit of bushido, which for a long time was being shaped by the class of warriors - Yaishi Hague rightly pointed out in 1907 - is now directed only at the imperial throne”22. Hereafter H. Nakamura explains: “The cult of emperor did not appear right after the Meiji Restoration (1868). Originally its elements already existed in the deep antiquity. Studying myths and legends in the Kojiki and Nihonshoki, we will notice that stories about the gods were not there to show the size, strength and power of the gods, in which ancient people believed, but to prove the di21

Perephrasis of The Yamatotakeru legend can be found in Jolanta Tubielewicz’s, From myth to history. Lectures about Japan., Warszawa 2006, p. 115 - 121 22 Otō Fuji, Edo bungaku kenkyu ( Studia nad literaturą okresu Edo ), s. 70 [w:] H. Nakamura, Systemy myślenia ludów Wschodu, Indie, Chiny, Tybet, Japonia, ed. P. P. Wienera, transl. M. Kenert, W. Szkudlarczyk – Brkić, Kraków 2005, p. 446


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vinity of an emperor, whose relationship with the gods is exactly as described”23. Relationships formed under the power of tradition influenced the shape of other important attitude, which is an inherent part of the Bushidō Code – defense. “Giving a supreme value to specific interpersonal relations entails a strong sense of need to defend and develop this attitude. When existence of a particular system of relationships, to which an entity belongs, is threatened, they are willing to defend it even by force. In the Japanese way of thinking the use of brute force in considered as neither ethically wrong nor good, nor as justified or not under some specific circumstances. Individuals who belong to groups are striving to religiously justify an act of defense itself.” 24 The religious nature obtained political dimension. Created in 1872 on the basis of the Ministry of Heaven and Earth Deities Ministry for the Kyōbushō Doctrine developed a doctrine which came down to the three main points: “1. One should obey both the rules of worshiping the deities and the national patriotism 2) one should preach the heavenly mind and the way of mankind 3) one should worship and obey the throne of authority”.25 In response to ministerial activities representative of the Buddhist community Inoue Enryō claimed that: “…unlike China and the West, loyalty to the monarch and filial love are one. This is because all Japanese are descendants of the imperial family. The imperial family is a grand family of all Japanese, which makes the emperor and all of his people a part of one family26. 23 H. Nakamura, Systemy myślenia ludów Wschodu, Indie, Chiny, Tybet, Japonia, p. 447. 24 Ibidem, p. 463 – 464. 25Masaharu Anesaki, History of Japanese Religion: With Special Reference to the Social and Moral life of the Nation, London 1930, p. 335. 26Ibidem, p.19.

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The combination of religion and politics was summed up by one of the creators of the Meiji reform - Itō Hirobuni, as he said, “…religion in Europe is one of guidelines, which plays an important role in the society and brings people together. In our country, there is only one religion, which is nonetheless too weak to be a factor contributing to the policy development...” 27 Therefore, there arose a problem for a new Japanese government, the problem of adding to the religion an ideological force which will be able to play such a significant role in the formation of state structures. Analyzing this problem a historian of religion, Helen Hardacre, came to a surprising conclusions: “For the first time in history, the state dared to create a religious doctrine and committed itself to proclaiming it in a systematic way as the National Gospel…”28 European patterns transposed to Japanese territory, and then reinforced by the Kokutai ideology, which has its origin in shintō, became the supreme political value, which could be used in the state's attempts to implement future plans. These patterns, which are derived directly from the idea and refer to the religion, served as a model for the construction of the Japanese moral state, which starting from the political theology, and with its help, as its ultimate goal considered the constitution of a state by the following slogan – “enriching and strengthening the nation's army” (Fukoku Kyohei) 29, and that is 27 M. Łuczko, Itō Hirobuni i Yamagata Arimoto, Czołowi politycy Japonii okresu Meiji, Warszawa 2006, p. 22 28 H. Hardacre, Shintō and the State, Princeton University Press 1989, p. 7 – 8. 29Fukoku - Kyōhei was the political slogan of the Meiji government with a strong nationalist color, aimed at mobilizing the forces of the entire nation in order to make rapid economic and political transformation that will be used to build a country that could stand in one line with the Western powers. This watchword was in accordance with the nationwide dominant trend in Japan at the beginning of the so-called Mejia's Restoration. It was all about the acquisition on a large scale of Western civilization achievements, transmitted to the Japanese ground, and then implemented to nearly

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why religion ceased to be a goal itself, and become a measure of authorities to form a state. The emperor, in the new political realities, but in accordance with the centuries-old tradition, was identified as a descendant of the gods, and thus being a god himself, he merged in a political way in his person a dual role: a god and a ruler. Therefore the Japan Empire was perceived as a divine state, which was functioning by the will of God and based on divine principles. This procedure was necessary in a situation in which technologically and economically backward Japan could share the fate of China or Korea, which were completely dominated by such Western powers as Russia, England or the United States of America.

every aspect of the social life. Fukoku – Kyōhei allowed a rapid political transformation and modernization of Japan. In Fukoku- Kyōhei attention draws the military aspect. This can be a guide to show which of the priorities were the most important to the Meiji government. Building a strong army was a prerequisite that allowed Japan for alignment of forces in the face of Western powers and then struggle to strengthen its position in the international arena. One must remember that the international political situation in which the Meiji government had to exist, ranked the Japan on the losing position, which was initiated by the US military intervention, interrupted the isolation of the country, which lasted over 250 years. Meiji government was aware of the seriousness of the situation and kept in mind freshly the experiences, in which participated the other countries in the region, China and Korea, who have lost a large part of their sovereignty to the Western powers. Based on:: www.britanica.com/Meiji_Restoration, http://countrystudies.us/japan, (10.12.2013). Fukoku Kyōhei idea was the subject of research by American historians and political scientists. P.A. Scalapino claims, that: “under the influence of Fukoku - Kyōhei Japan started [...] the process of industrialization, as a necessary part of its policy, which led to security.” W.P.A. Scalapio, The Forein Policy Of Modern Japan, University of California Press 1977, p. XV. Worth seeing is antoher comment on FukokuKyōhei by a researcher S.K. Vogel, who put this issue as follows: “Fukoku – Kyōhei become the motto of the coalition of political ideas. Many [Japanese – M.H.] intellectuals sustained the assumption that the key to the survival of the nation is the development of domestic economic growth by the balance of trade and strengthening the military force, using the achievements of Western technology” – after: S. K. Vogel, US-Japan Relation’s in a Changing World, Washington 2002, p. 67.

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From the Japanese perspective these Western standards came down to, among others, expansionism and conquest. “…most of the non-Western world in those days was subordinated to European and American nation states, to their ever growing and expanding economic and political hegemony”30. Sometimes brutal subordination of Asian countries was accompanied by “[…] racist mindset which was dominating in the West then”31. It should not be surprising, therefore, that the Japanese elites were aware of a constant threat from the UK or the US. In shaped by western powers Asia's political order “…policymakers of the Meiji era adopted a geopolitical point of view, which in an inevitable way was leading to a conquest of the empire or to reconcile with its own submission, without taking into account any possible middle situations. They perceived the nonWestern world as a prey parceled to pieces by strong countries of the West. They came to the conclusion that Japan had no other way to consolidate its independence, than to imitate imperialists and attempt to catch up with them.[…] The adoption of this doctrine in a world of competing powers meant an approval for the logic of escalation, which was built into it. It is not out of the question that Japanese leaders could protect the national independence and Asia’s prosperity by supporting trade and emigration, both in dealing with neighbors and distant countries and without striving to impose domination. But none of them believed in existence of such a possibility and the behavior of other powers did not encourage them to change their views.”32

30A.

Gordon, Nowożytna Historia Japonii, p. 163 Ibidem, p. 175. 32 Ibidem, p. 174. 31


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KOKUTAI AND HAKKO - ICHIU AS A RESPONSE TO A THREAT AND JUSTIFICATION OF THE DEFENSE OF NATIONAL INTERESTS Restoration of the imperial power after 1868 sought to merge again the religious and political functions, which would consequently serve to strengthen the authority of the emperor himself. This was very important for determining the ideological base of the Japanese state in its modern shape. The Kokutai idea (国体) (abbreviation of Kokumin Taiku naikai) was supposed to serve it, in which an emperor was defined as the highest religious and political authority in the state. This doctrine was defined and recognized by the Constitution of 1889. It stated that “Kokutai is a form of state in which the emperor standing steadfastly on the guard over the line graciously supervises the state power.”33 This definition, which gained a binding character, was repeated by the Imperial Supreme Court where again confirmed was significance and a role of the emperor as an authority that guards the legal order of a state. Primarily the word Kokutai in Japanese meant a state or a national character and didn’t have such an unambiguous political overtone. It gained this meaning already in the process of social and political changes, which took place in Japan since the second half of XIX century. A researcher of the Kokutai ideology Masao Maruyama in his publication of 1961 entitled Denken In Japan, stated that this expression at the end of the XIX century gained a new “magical meaning”, turned into “the living awareness” and became a “religious character” 34. 33

Y. Hagiwara, Uber Begriff und Funktion der „kokutai” – Ideologie: Der Mythos des japanischen Kaisertums als Herrschaftsideologie vor dem zweiten Weltkrieg, www.law.keio.ac.jp/~hagiwara/kokutai.html, p.1. See also John S. Brownlee, Four Stages of The JapaneseKokutai, Uniwersityof British Columbia, October 2000, p. 1-14 www.iar.ubc.ca/centres/cjr/seminars/semi2000 34 Masao Maruyama.„Denken In Japan” (1961), Frankfurt 1988, s.45

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A Japanese political scientist Yoshisha Hagiwara also sees a religious character of the Kokutai ideology, which through a person of the emperor was turning hitherto shintoistic beliefs into “national shintoism, which could have been defined as faith in the emperor […]. The emperor himself is the founder of the divine paths (Kannegara no michi), the highest god of all gods of the imperial ancestors, the only priest of the highest god and he is the god of this title and moreover – the only living god” 35. Emphasizing of the divinity of an emperor and related to it predestination of Japan to exercise the world power – as the divine land – gave a basis for elaborating the basis of a political doctrine which would define a framework and directions of the foreign policy. This doctrine was Hakko – Ichiu which in Japanese means “eight corners of the world under a common roof”. The genesis of this doctrine ranges the period of merging Japanese myths and legends into two sacred books – Nihongi i Nihonshoki. The first attempts to put into practice the mission of Japan appeared in XVI century and were related to the plans of conquering Korea and China by one of the three great leaders of mediaeval Japan - Toyotomi Hideyoshiego. Forgotten for over 300 years, he came back in the turn of XIX and XX century and was fitted to the new political reality. Hakko – Ichiu doctrine was Japan’s answer to the geopolitical situation in Asia, which was being a real threat to the resilient national interests. As a result of the colonial expansion vast territories of Southern and Eastern Asia found themselves under a strong influence of the western superpowers, which were engaged in the activities of even the character of a robbery.

35Hagiwara,

Uber Begriff und Funktion der „kokutai” – Ideologie: Der Mythos des japanischen Kaisertums als Herrschaftsideologie vor dem zweiten Weltkrieg, s.2Y

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Effects of these doings were noticeable particularly in China. One should also remember that the effect of breaking isolation of Japan by force, was a signature of unprofitable agreements, similar to those in force on the territory of the imperial China. All of these facts had a great influence on the awareness of Japanese political, cultural and economic elites. Already at the end of the XIX century after a short period of fascination with western culture in Japan occurred a rapid turn in the direction of domestic values. As people are aware of the reasons of the fall of China and recent American activities in Japan, one can hear opinions that Japan plays the role of a defendant of Asian values against the expansive western materialism. The authorities were conducive to the increase of such a political climate and using official propaganda made the society realize the necessity of undertaking efforts in order to enable development of the “unique divine Imperium” and fulfillment of its mission. The main assumptions of the doctrine were in accordance with the Kokutai ideology and were emphasizing the uniqueness of an emperor and Japan. They proclaimed the following ideas: 1. „Japan is the centre of the world, at it forefront there is the divine emperor, who owes his divinity to the fact that he is the descendant of the great Amaterasu –Omikami. 2. Japan is under a particular protection of gods (Kami). Therefore the nation and the ground of Great Japan, as well as all of its institutions are above everything else. 3. All of these characteristics are a basis of KODOSHUGISHA (the way of the emperor) and provides Japan with a divine mission of leading all nations under the common roof so that the mankind for its

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own sake could be included into the act of the emperor’s governance”36. By creating Kokutai and Hakko – Ichiu Japan pushed the limits of such concepts as: threat and defense of the national interests, which covered the area of Asia and Pacific. The foreign policy of Japan pursued in accordance with these principles was inevitably leading to a military confrontation with the western superpowers, which within their activities were striving to maintain the status quo in this part of the world. PRACTICAL DIMENSION OF BOTH THREAT AND DEFENSE OF THE NATIONAL INTERESTS OF JAPAN ON THE EXAMPLE OF THE WAR BETWEEN JAPAN AND RUSSIA (1904 – 1905) AND JAPAN AND CHINA (1937 – 1945) Creating foundations for building political and military power Japanese elites were aware of the necessity of learning the methods of exercising of power in western countries. “To learn about the West and it’s methods to defend from it even more effectively” 37. Later on the word “defend” ceased to be meaningful and was replaced by the word “defeat”. Already at the beginning of 70. XIX century many politicians, who had nationalistic views, started to make plans of conquering Korea, which was compliant with the belief in a special mission of Japan in Asia. An obstacle to fulfilling these plans was inter alia Russia, which had some considerable influences in China and Korea. The first attempts – diplomatic ones – of creating a protectorate in Korea ended – in the interpretation of Japanese people – with a failure, which was believed to be Russia’s fault. Another political and military attempt undertaken in 1873 admittedly did end up with a success, it was not 36

K. Dave, Japan`s Dark Background 1881-1945,Willamette University www.willamette.edu/~rloftus/moremilitarism.html, s.1 26.02.2005 37 J. Tubielewicz, Historia Japonii, Wrocław 1984, s. 353


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however compliant with the expectations of the Japanese. The climate of dissatisfaction increased after political activities of Russia, which led to the necessity of returning the Liaotung peninsula. The Russian policy supported by numerous military demonstrations was a major threat to the plans of Japan, which consequently led to the defense of the national interests through starting military activity by Japan. The war between Japan and Russia was officially declared on February 10th 1904. Leaving aside the detailed descriptions of individual actions worth recalling is the following passage: “In May 1904 130000 Japan soldiers crossed the border with Manchuria and clashed with the 220 thousand Russian corps, defeating it in a fight. […] The defeat of Japan in some way was probably caused by the revolution, which lasted since January 1905, however the military power of Japan exceeded the expectations greatly, which was clear for all the observers. None suspected that discipline, equipment and effectiveness of Japan troops would be this high. Apart from admiration of the military experts this also caused some justified concerns”38. A Polish commentary on these events is interesting: „The war of 1905 […] was provoked solely by imperialism and Russian rapacity. […] Already the intransigence of the Russian government even in relation to so modest restrictions of its imperialist ambitions […] prompted the government of the emperor Matsuhito, who had no desire for war with Russia and was afraid of it, to break off the unfruitful negotiations and deflect the Russian drive to the East by the military force”39. 38

J. P. Rurarz, Historia Korei, Warszawa 2009, Wyd. II poprawione, s. 301 39Polityka Narodów, Warszawa 1933 IX, z.9, s.38 Miesięcznik „Polityka Narodów” ukazywał się w latach 1933-1938 i zawierał analizy polskiej polityki zagranicznej oraz poświęcał dużo miejsca na prezentowanie geopolityki światowej. Miesięcznik pełnił rolę periodyku opiniotwórczego skierowanego do polskiej inteligencji.

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The analysis ends up with the following sentence, “ Not only the Polish opinion seems to underestimate the fact that the war of 1905 for Japan was not the war of conquest but strictly a defensive one, and that Japan was provoked to this war and that it decided to the war after long hesitation and with a heavy heart”40. Japan military activity in China, which started in July 1937, was explained by nothing more but defensive actions. This time, however, Japan – as it was being explained – was defending not only its own national interest but also the Asian identity from the communism. Before the escalation of the tension and military activities, Japan policy makers were speaking out about the threat from the communism movement. The Policy of Nations, relating the Japanese government meetings posted the statements by leading Japanese politicians: “[…] Minister Arita ascertained a great concern of the Japanese government caused by the communist influences in the Eastern Asia and mentioned the march of Chinese communist army in Northern China […]. The minister of war, gen. Terauczi in the mid-May this year performed at a meeting of the Budget Committee of the Japan parliament and opposed the Soviet policy in the Far East”41. In another speech minister Arita “Draws the attention to […] relationships between Japan and Soviets, admitting that they are bad and accusing USSR for that, which, in his opinion, does not understand the position of Japan in the Eastern Asia. […] Further on he pointed the fact of maintaining by the USSR too many of military forces in the Far East, which were a real threat to the peace in this part of the world and declared that Japan in its concern for the peace in the Eastern Asia cannot watch this indifferently”42. 40

tamże, s 38-39 Narodów, Warszawa 1936, VII, t.VIII, s.96-97 42 Ibidem, s. 95 41Polityka

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Information policy of Japan created for the internal and international benefit left no doubts. The war in China (waged without declaring it first) is a war against communism, which was the greatest threat to fulfillment of Japan's policy that aimed at establishing hegemony in Asia and thje Pacific – in the spirit of harmony and cooperation of the Asian people and under the guidance of the divine Japan. .

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Anesaki M., History of Japanese Religion: With Special Reference to the Social and Moral life of the Nation, London 1930. Blocker H. G., Starling Ch.L., Filozofia japońska, transl. N. Szuster, Kraków 2008. Bocking B., A Popular Dictionary of Shinto, Psychology Press 2005. Brownlee J. S., Four Stages of The JapaneseKokutai, Uniwersityof British Columbia, October 2000. Dave K., Japan`s Dark Background 18811945,Willamette University (www.willamette.edu/~rloftus/moremilitarism.html). Fuji O., Edo bungaku kenkyu ( Studia nad literaturą okresu Edo ), [in:] H. Nakamura, Systemy myślenia ludów Wschodu, Indie, Chiny, Tybet, Japonia, ed. P. P. Wienera, transl. M. Kenert, W. Szkudlarczyk – Brkić, Kraków 2005. Hagiwara Y., Uber Begriff und Funktion der „kokutai” – Ideologie: Der Mythos des japanischen Kaisertums als Herrschaftsideologie vor dem zwei-

8. 9. 10. 11. 12.

13. 14. 15. 16. 17. 18. 19. 20. 21. 22.

23. 24.

ten Weltkrieg (www.law.keio.ac.jp/~hagiwara/kokutai.html). Hardacre H., Shintō and the State, Princeton Uniwersity Press 1989. Kenneth. G. Henshall, Historia Japonii, Warszawa 2011. Łuczko M., Itō Hirobuni i Yamagata Arimoto, Czołowi politycy Japonii okresu Meiji, Warszawa 2006. Maruyama M..„Denken In Japan” (1961), Frankfurt 1988. Nakamura H., Systemy myślenia ludów Wschodu, Indie, Chiny, Tybet, Japonia, red. P. P. Wiener, transl. M. Kanert, W. Szkudlarczyk – Brkić, Kraków 2005. Piwowarski J., Fenomen Bezpieczeństwa, Kraków 2014. Polityka Narodów, Warszawa 1933 IX, z. 9. Polityka Narodów, Warszawa 1936, VII, t.VIII. Rurarz J. P., Historia Korei, Warszawa 2009, Wyd. II poprawione Scalapio W P. A., The Forein Policy Of Modern Japan, University of California Press 1977. Suzuki D., Zen i kultura japońska, transl. B. Szymańska, P. Mróz, A. Zalewska, Kraków 2009. Totman C., Early Modern Japan, University of California Press 1995. Tubielewicz J., Od mitu do historii, Wykłady o Japonii, Warszawa 2006. Tubielewicz J., Historia Japonii, Wrocław 1984.. Tu-Wei-Ming Confucian Traditions in East Asian Modernity: Moral, Education and Economic Culture in Japan and the Four Mini-Dragons, Harvard Uniwersity Press 1997. Vogel S. K., US-Japan Relation’s in a Changing World, Washington 2002. Yuzan Shigesuke D., Kodeks Młodego Samuraja Budō Shoshinshu, transl. D. Marczewska, Bydgoszcz 2004.


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INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (153-158)

MORAL UND NOMISMA – EINIGE ANMERKUNGEN Prof. Dr. Dr. Vladimir Robert Matas, M.A., CSc. Universität Heidelberg, GERMANY

ARTICLE INFO Article history Received: 30.11.2014 Accepted 10.12.2014 Keywords Nomisma, der Austausch, Die Moralität

VORWORT Einleitend möchte ich daran erinnern, dass „[d]er Tausch über die subjektiven Aneignungsformen fremden Besitzes, den Raub und das Geschenk, hinausgeht – ganz dementsprechend, daß die Geschenke an den Häuptling und die von ihm erhobenen Strafgelder die Vorstufen der Steuer sind – und finden auf diesem Wege als erste übersubjektive Möglichkeit die soziale Regelung vor. […] [D]er Tausch ist [daher] ein soziologisches Gebilde sui generis.“1 Gegen die hobbessche Vorstellung der Konkurrenz als einer der drei hauptsächlichen Konfliktursachen2 stellt in Simmels Augen „die Konkurrenz zwischen den Individuen um die begehrten Objekte keinen Mechanismus dar, der sie voneinander trennt, vielmehr einen, der sie immer mehr miteinander verbindet. Der Bezug auf ein gemeinsames Drittes stellt dabei eine neue Form der […] «Vergesellschaftung» her, in welcher der bereits von Thomas Hobbes als Naturzustand beschriebene «Kampf Aller gegen Alle» in einen «Kampf Aller um Alle» umschlägt.“3 Simmel zufolge4 „ist der Tausch [nämlich] eine Vergesellschaftung, eine jener Beziehungen, deren Bestehen eine Summe von Individuen zu einer sozialen Gruppe

Simmel, 1989, S. 89. Vgl. Hobbes, 1966, S. 95. 3 Lichtblau, 1997, S. 47. 4 Simmel, 1989, S. 210.

macht, weil «Gesellschaft» mit der Summe dieser Beziehungen identisch ist.“ Auf der Grundlage des konstitutiven Egoismus des Menschen5 komme ich zur Problematik der abschätzenden Erwägungen im Tausch, da es keinen Tausch ohne eine Wertabwägung gibt, denn „[a]uf den tiefen Zusammenhang zwischen dem Wert und dem Tausch […] weist schon die Gleichheit des Umfanges hin, in dem sie beide das praktische Leben fundamentieren.“6 Ferner beschäftige ich mich mit der Natur des Geldes, denn „[a]ls das gemeinsame Dritte aller Tauschoperationen [misst] das Geld […] die Identität bzw. Nichtidentität zweier Relationen, die jeweils für sich genommen auf einen gemeinsamen Wertmaßstab Bezug nehmen“7. Dies alles ist von moralischen Aspekten durchdrungen, insbesondere, was das Verhältnis zum Geld, die Tauschgerechtigkeit und den „Wert“ des Menschen betrifft. REX EST POPULUS UND DIE ENTSTEHUNG VON STEUERN Wenn der Staat als Garant der Einhaltung u. a. der Tausch-, Kauf- und Dienstverträge schon da ist, dann landen wir nolens volens bei Steuern. Diese spielen bei der Erzwingung staatlicher Gesetze eine besondere Rolle, wie Simmel zeigt: „Es

1 2

Vgl. z. B. Kersting, 2002, S. 109. Simmel, 1989, S. 63. 7 Lichtblau, 1997, S. 49. 5 6

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ist […] ganz ungenau, wenn man vom Staate sagt, er erzwinge die Befolgung seiner Gesetze. Er kann tatsächlich niemanden dazu zwingen, seiner Militärpflicht zu genügen oder das Leben und Eigentum andrer zu achten oder ein Zeugnis abzulegen, sobald der Betreffende nur bereit ist, es auf die Strafen für die Gesetzesverletzung ankommen zu lassen; was der Staat in diesem Falle erzwingen kann, ist nur, daß der Sünder diese Strafen erdulde. Nur in Hinsicht auf eine einzige Gesetzeskategorie ist der Zwang zur positiven Erfüllung möglich: auf die Steuerpflicht. Die Erfüllung derselben (wie die der geldwerten privatrechtlichen Verpflichtungen) kann allerdings im strengsten Sinne des Wortes erzwungen werden, indem dem Pflichtigen der betreffende Wert mit Gewalt abgenommen wird“.8 Olson9 beschreibt die von Simmel betonte Entstehung des Zwanges zur positiven Erfüllung bei der Steuerpflicht mit folgenden Worten „Wenn der Anführer einer umherziehenden Räuberbande […] stark genug ist, sich in einem gegebenen Territorium durchzusetzen und andere Banditen fernzuhalten, kann er Verbrechen in diesem Gebiet monopolisieren – er wird ein stationärer Bandit. [Hobbes10 spricht in diesem Falle vom «Staat durch Aneignung.»: Anm. v. V. R. M.] Der Vorteil dieses Monopols auf Verbrechen ist nicht in erster Linie, dass er sich nehmen kann, was andere sonst gestohlen hätten; wichtiger ist, dass das Monopol ihm ein umfassendes Interesse an dem Gebiet gibt. […] Er ist der einzige, der in dem fraglichen Gebiet in der Lage ist zu besteuern oder zu stehlen. Dieses Monopol auf Diebstahl ändert die Anreize in dramatischer Weise. […] Erstens veranlasst ihn sein umfassendes Interesse dazu, den Prozentsatz der Abgaben zu verringern, die er von jedem Opfer seines Diebstahls erzwingt. […] Der stationäre Bandit, der ein Gebiet dauerhaft beherrscht, [möchte,] dass die Opfer ein Motiv haben zu produzieren und gegenseitig vorteilhaften Tausch durchzuführen. Je größer das Einkommen ist, das die Opfer des Diebstahls erzielen, um so mehr ist zu holen.“ In letzter Konsequenz wird der stationäre Bandit zu „[e]in[em] Wohltäter für die von ihm Beraubten. Simmel, 1989, S. 546. Olson, 2002, S. 20, 21. 10 Hobbes, 1966, S. 135. 8 9

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Die zweite Art, in der die umfassenden Interessen [beide letzte Hervorhebungen durch V. R. M.] des stationären Banditen seine Anreize ändern, besteht darin, dass sie ihm einen Anreiz geben, öffentliche Güter bereitzustellen, die seinem Gebiet und denjenigen zugute kommen, die er mit seiner Steuer bestiehlt. […] Wir wissen, […] dass viele öffentliche Güter die Gesellschaft produktiver machen, wie Dämme, die gegen Überflutung schützen, die Polizei, die von Verbrechen abschreckt, und Quarantänen, die ansteckende Krankheiten abwehren.“11 Es findet hierbei ein Tausch zwischen dem stationären Banditen und seinen Untertanen: er erhält „seine“ Steuern und sie bekommen seine „Wohltaten“ zu spüren. Summa summarum „gleicht [der stationäre Bandit] nicht dem Wolf, der den Elch jagt, sondern eher dem Landwirt, der dafür sorgt, dass sein Vieh geschützt und mit Wasser versorgt wird.“12 Generell schreibt Olson13: „Regierungen [sind] in der Regel durch das Eigeninteresse derer entstanden, die die größte Fähigkeit hatten, Gewalt zu organisieren.“ Olson erinnert in seinen Ausführungen selbst an Hobbes: „Wenn einmal klar ist, dass die Macht der Regierung unvergleichlich größer ist als die eines Untertans oder Bürgers, muß die Regierung gewöhnlich nicht viel Kosten dafür aufbringen, gegen ihre Untertanen oder Bürger zu kämpfen; diese wissen, dass es für sie am besten ist, die Regierung nicht herauszufordern. Dieses Argument ist nicht neu: Für den besonderen Fall der autokratischen Herrschaft wurde es von Thomas Hobbes sehr eloquent ausgeführt.“14 DAS NOMISMA Wir haben anfangs erwähnt, dass der Tausch – im simmelschen Sinne – eine „Vergesellschaftung“ darstellt und dass das Geld als „das gemeinsame Dritte aller Tauschoperationen“15 eine generalisierende Bedeutung hat. Explizit schreibt Simmel16 ferner: „Indem der Naturtausch durch Olson, 2002, S. 23. Olson, 2002, S. 26. 13 Olson, 2002, S. 25. 14 Olson, 2002, S. 106. 15 Lichtblau, 1997, S. 49. 16 Simmel, 1989, S. 213. 11 12


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den Geldkauf ersetzt wird, tritt zwischen die beiden Parteien eine dritte Instanz: die soziale Gesamtheit, die für das Geld einen entsprechenden Realwert zur Verfügung stellt.“ Dies erinnert stark an Aristoteles17: „Als eine Art Ersatz für das Bedürfnis ist aber durch Übereinkunft das Geld entstanden. Und deswegen hat es den Namen nomisma (Geld) erhalten, weil es nicht durch die Natur, sondern durch Konvention (nomos) vorhanden ist“. […] „So nämlich wird immer Tausch stattfinden, und wenn Tausch, dann Gemeinschaft. Das Geld stellt also, indem es die Dinge wie ein Maß kommensurabel […] macht, Gleichheit her. Denn weder gäbe es Gemeinschaft, wenn es keinen Austausch gäbe, noch Austausch, wenn es keine Gleichheit gäbe, noch Gleichheit, wenn es keine Kommensurabilität gäbe.“18 Im Kapitel „Moralität des Tausches“19 charakterisiert Campagna den „Tausch […] als beiderseitiges Geben und Nehmen. Der Tausch setzt also […] Reziprozität – aber nicht unbedingt auch Symmetrie und Proportionalität – im Geben und Nehmen voraus.“20 Dies führt wieder direkt zu Aristoteles21: „Denn in vielen Fällen stimmen die Reziprozität und ausgleichende Tauschgerechtigkeit nicht überein.“ Wobei „das Gerechte […] das Proportionale [ist]; das Ungerechte ist, was die Proportionalität verletzt.“22 „Folglich wird das ausgleichende […] Gerechte das Mittlere zwischen Verlust und Gewinn sein.“23 Was ist aber das Geld konkret? Lt. Simmel ist „Geld […] das «Geltende» schlechthin […]. Alle anderen Dinge haben einen bestimmten Inhalt und gelten deshalb; das Geld umgekehrt hat seinen Inhalt davon, daß es gilt, es ist das zur Substanz erstarrte Gelten, das Gelten der Dinge ohne die Dinge selbst. […] Auf dieser Grundlage wird es verständlich, daß das Geld, als der abstrakte Vermögenswert, nichts anderes ausdrückt, als die Relativität der Dinge“24. Mit anderen WorAristoteles, 2006, S. 174. Aristoteles, 2006, S. 175. 19 Campagna, 2005, S. 105 ff. 20 Campagna, 2005, S. 108. 21 Aristoteles, 2006, S. 172. 22 Aristoteles, 2006, S. 169. 23 Aristoteles, 2006, S. 170. 24 Simmel, 1989, S. 124. 17

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ten liegt „die Bedeutung des Geldes [darin], die wirtschaftliche Relativität der Objekte in sich darzustellen“25. Ich möchte in diesem Zusammenhang noch daran erinnern, „dass heutzutage Noten und Münzen untergeordnete Zahlungsmittel sind […], dass Schecks wie Kreditkarten kein «Geld» sind, sondern Verfügungsarten darstellen über das Zahlungsmittel Giroeinlagen […]. Girogeld ist kein gesetzliches Zahlungsmittel. Es wird per gesellschaftliche Konvention als Geld verwendet, weil es als Zahlungsmittel allgemein akzeptiert ist.“26 An dieser Stelle bietet sich noch – als eine Ergänzung – die kantsche Geldvorstellung an: „Geld ist eine Sache, deren Gebrauch nur dadurch möglich ist, daß man sie veräußert.“27 Und weiter „[…] eine Realdefinition des Geldes […]: es ist das allgemeine Mittel, den Fleiß der Menschen gegeneinander zu verkehren“28. Zusammenfassend ist „Geld […] also (nach Adam Smith [29]) derjenige Körper, dessen Veräußerung das Mittel und zugleich der Maßstab des Fleißes ist, mit welchen Menschen und Völker untereinander Verkehr treiben.“30 Eine sehr wichtige Rolle in Bezug auf Geld spielt seine Verbindung mit den Begriffen von Freiheit, von Unabhängigkeit. „Wer sein Landgut gegen ein Haus in der Stadt vertauscht, der ist damit allerdings von den Mühseligkeiten und Sorgen der Landwirtschaft befreit; aber diese Freiheit bedeutet, daß er sich sogleich den Aufgaben und Chancen des städtischen Grundbesitzes zu widmen hat. Verkauft er aber sein Gut gegen Geld, so ist er nun wirklich frei, das negative Moment der Befreiung von den bisherigen Lasten ist das überwiegende, seine neu geschaffene Situation als Geldbesitzer enthält nur ein Minimum bestimmter Direktiven für die Zukunft. In der Befreiung vom Zwange des Objekts durch den Geldverkauf ist das positive Moment derselben auf seinen Grenzwert hinabgesunken; das Geld hat die Aufgabe gelöst, die Freiheit des Menschen nahezu in ihrem rein negativen Sinne zu verwirkli-

18

Simmel, 1989, S. 133. Siebke, 2002, S. 116. 27 Kant, 1990, S. 137. 28 Kant, 1990, S. 138. 29 Vgl. Smith, 1776. 30 Kant, 1990, S. 140. 25 26

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chen. […] Wenn er dann aber endlich, mit dem Erlös dafür in der Hand, wirklich «frei» ist, so stellt sich oft genug jene typische Langeweile, Lebenszwecklosigkeit, innere Unruhe des Rentiers ein, die ihn zu den wunderlichsten und allem inneren und äußeren Sinne zuwiderlaufendsten Beschäftigungsversuchen treibt, damit er nur seiner «Freiheit» einen substanziellen Inhalt einbaue.“31 Mit einem positiven Tenor beschreibt Kostolany dagegen diese Freiheit als Unabhängigkeit mit den folgenden Worten: „[Es] gibt […] auch diejenigen, die zwar viel Schönes und Teures erwerben können, es aber nicht tun, weil ihnen der Gedanke genügt, es tun zu können.“32 DIE MORALITÄT DES TAUSCHES Diesen Abschnitt möchte ich mit der Frage beginnen, ob „der Drang nach Geld moralisch gerechtfertigt [ist] oder nicht“33. Die anschließende Antwort Kostolanys lautet: „Ein objektives Urteil ist unmöglich. Aber eines ist sicher: Die Faszination des Geldes und der Drang danach ist der Motor für den wirtschaftlichen Fortschritt.“ In Bezug auf den konstitutiven Egoismus des Menschen – vgl. Kostolanys Anspielung an René Descartes: „Cogito, ergo sum homo speculator“34 – würde ich dazu sagen, der Drang nach Geld ist „keine Sünde“35 aber die „Nutzung des Geldes, wie und wofür, das ist immer auch eine Frage der Moral“, wie Tietmeyer schreibt36. Auf die moralische „Gefährlichkeit“ von Geld hat Simmel mit der folgenden Feststellung hingewiesen: „Der Gottesgedanke hat sein tieferes Wesen darin, daß alle Mannigfaltigkeiten und Gegensätze der Welt in ihm zur Einheit gelangen […]. Unzweifelhaft haben die Empfindungen, die das Geld erregt, auf ihrem Gebiete eine psychologische Ähnlichkeit mit diesem. Indem das Geld immer mehr zum absolut zureichenden Ausdruck und Äquivalent aller Werte wird, erhebt es sich in abstrakter Höhe über die ganze weite Mannigfaltigkeit der Objekte, es wird zu dem Zentrum, in dem die entgegengesetztesten, fremdesten, Simmel, 1989, S. 552, 553. Kostolany, 1991, S 29. 33 Kostolany, 1991, S 28. 34 Kostolany, 1983, S. 17. 35 Vgl. Hobbes, 1966, S. 97. 36 Tietmeyer, 2002, S. 12. 31 32

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fernsten Dinge ihr Gemeinsames finden und sich berühren“37. Und eine Seite weiter fügt er hinzu: „Die Feindseligkeit, mit der die religiöse und kirchliche Gesinnung oft dem Geldwesen gegenübersteht, mag auch auf den Instinkt für diese psychologische Formähnlichkeit zwischen der höchsten wirtschaftlichen und der höchsten kosmischen Einheit zurückgehen und auf erfahrene Gefährlichkeit der Konkurrenz, die gerade das Geldinteresse dem religiösen Interesse bereitet – eine Gefährlichkeit, die sich nicht nur, wo die Substanz des Lebens eine ökonomische, sondern auch wo sie eine religiöse ist, gezeigt hat.“38 Diese Feststellung ist in der heutigen Welt sehr aktuell, denn in den Augen der religiösen Fundamentalisten ist Gott gerade in den westlichen Ländern durch das Geld ersetzt worden, eo ipso herrschen Blasphemie und Unmoralität in der westlichen Gesellschaft, und diese müssen aus fundamentalistischer Sicht mit aller Härte gnadenlos bekämpft werden. Ganz praktisch entstehen dadurch neue sicherheitsrelevante Probleme, deren Lösung – in Form eines einschlägigen Sicherheitsmanagements – die okzidentale Zivilisation noch sucht. Ein Bereich, in dem auch der Wert des Menschen Tausende Jahre lang mit Geld ausgedrückt wurde, war die Kaufehe und die Institution der Mitgift. „Gerade dass die Frauen ein nutzbarer Besitzgegenstand sind, dass Opfer für ihren Erwerb gebracht sind, lässt sie schließlich als wertvoll erscheinen. Überall, so hat man gesagt, erzeugt der Besitz Liebe zum Besitz. Man bringt nicht nur Opfer für das, was man gern hat, sondern auch umgekehrt: man liebt das, wofür man Opfer gebracht hat.“39 Historisch gesehen, ging es bei der Kaufehe bzw. bei der Mitgift um eine Art – „modern“ gesagt – Lebensversicherung der jeweiligen Eheleute, mit Simmels Worten: „Durch [den] engen Zusammenhang, den die Mitgift bei der Geldwirtschaft mit der ganzen Konstitution des Ehelebens hat – sei es um den Mann, sei es um die Frau zu sichern – ist es verständlich, dass schließlich sowohl in Griechenland wie in Rom die Mitgift zum Kennzeichen der legitimen Gattin wurde, in Simmel, 1989, S. 305. Simmel, 1989, S. 306. 39 Simmel, 1989, S. 506, 507. 37 38


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ihrem Gegensatz zur Konkubine, die keinen weiteren Anspruch an den Mann hat, so daß dieser weder für einen solchen entschädigt, noch sie selber für den Fall der Nichterfüllung desselben sichergestellt zu werden braucht. Und dies leitet zur Prostitution über, die die Bedeutung des Geldes für das Verhältnis der Geschlechter wieder in ein neues Licht stellt.“40 Nach meinem Verständnis stellt für Simmel – im Rahmen einer geldbezogenen Bewertung des Menschen – die Prostitution einen Gegenpol zur Kaufehe dar, denn „[n]ur die Transaktion um Geld trägt jenen Charakter einer ganz momentanen Beziehung, die keine Spuren hinterläßt, wie er der Prostitution eigen ist. Mit der Hingabe von Geld hat man sich vollständiger aus der Beziehung gelöst, sich radikaler mit ihr abgefunden, als mit der Hingabe irgendeines qualifizierten Gegenstandes, an dem durch seinen Inhalt, seine Wahl, seine Benützung leichter ein Hauch der gebenden Persönlichkeit haften bleibt. Der momentan aufgegipfelten und ebenso momentan verlöschenden Begierde, der die Prostitution dient, ist allein das Geldäquivalent angemessen, das zu nichts verbindet und prinzipiell in jedem Augenblick zur Hand ist und in jedem Augenblick willkommen ist.“41 Die Kaufehe bzw. die Mitgift spielen in unserer Gesellschaft vermutlich keine bedeutende Rolle mehr, aber die Prostitution bleibt aktuell und sie hat zum Teil sogar neue Formen entfaltet. Der bekannte tschechische Schriftsteller Bohumil Hrabal erwähnt in seinem sich mit der kommunistischen Wirklichkeit in der ehemaligen Tschechoslowakei auseinandersetzenden und in mehrere Weltsprachen übersetzten Roman „Allzu laute Einsamkeit und andere Texte“ die ehemalige erste Liebe seines Romanprotagonisten. Sie möchte ihm mitteilen, wie gut es ihr geht. Sie erzählt, „für ihr letztes Geld hätte sie sich das Grundstück im Wald gekauft, und der Erdarbeiter habe dann das Fundament gegraben und mit ihr in einem Zelt geschlafen, dann habe sie ihm den Laufpaß gegeben und sich einen Maurer angelacht, und dieser Mauer schlief mit ihr […] und so hatte sich Mančinka durch Liebe im Bett und das gesteckte

12

Ziel vor Augen diese Villa gebaut“42. Hrabal konfrontiert an dieser Stelle die moralischen Probleme seines Romanprotagonisten, dessen intellektuelles Gewissen darunter leidet, dass er sich in dem damals herrschenden kommunistischen System zur Vernichtung von Büchern verkauft hat, mit der absoluten Selbstverständlichkeit von Mančinka, der keine ethischen Vorwürfe in den Sinn kommen. In der Person von Mančinka versucht der Autor mit einer Übertreibung, aber nicht von der Realität weit entfernt, die Spezies einer Person, die in der Korruption der kommunistischen Vergangenheit erzogen wurde, zu charakterisieren. Und die Korruptionsmentalität hat sich zum großen Teil nach dem Zusammenbruch des Kommunismus nicht geändert. Olson43 beschreibt die einschlägige Problematik im Sinne von „Tausch“ bzw. „Wert“ lapidar mit folgenden Worten: „Obwohl es natürlich korrupte Beamte und MafiaOrganisationen in den meisten westlichen Ländern gibt […], ist das Ausmaß an Korruption [...] in den ehemals kommunistischen Ländern […] jenseits des Erfahrungshorizontes des Westens.“ Da fragt man spontan, warum? Die Antwort ist einfach: „der sklerotische Niedergang des von Stalin errichteten Systems des Auspressens [hinterließ] den früheren kommunistischen Ländern große Unternehmen, welche die Tätigkeit der Insiderlobby weit besser beherrschten als die der Produktion. Jede dieser Organisationen hatte nur ein geringes Interesse am Wohlstand der Gesellschaft. Und beim Bemühen, ihren eigenen Interessen zu dienen, nahmen sie keine Rücksicht auf die Bedürfnissen der Gesellschaft.“44 „[D]ie Räuberei in einer Hobbesschen Anarchie des Krieges aller gegen alle [wurde hier «verfeinert» als] Raub durch Lobbytätigkeit“45. Und ich ergänze, dass das Korruptionsdenken folglich in der Bevölkerung geblieben ist – nach dem Motto: qualis rex, talis grex. SCHLUSS Der Schwerpunkt dieses kurzen Aufsatzes betrifft einige moralische Aspekte, mit denen sich u. a. Hrabal, 2003, S. 96. Olson, 2002, S. VIII. 44 Olson, 2002, S. 163. 45 Olson, 2002, S. 186, 187. 42 43

40 41

Simmel, 1989, S. 513. Simmel, 1989, S. 513.

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schon Georg Simmel in seiner berühmten „Philosophie des Geldes“46 beschäftigte. An dieser Stelle möchte ich die Aktualität der „Philosophie des Geldes“ hervorheben. Sie sei nämlich „identisch mit den ungelösten Strukturproblemen jener historischen Moderne um 1900, von denen sich die neuzeitliche Geschichte nur um den Preis zweier Weltkriege und der Errichtung zahlreicher totalitärer Diktaturen […] vorübergehend verabschieden hatte. Die Epoche zwischen 1890 und 1914 erweist sich insofern im Rückblick gesehen als die eigentliche Blütezeit jener kulturellen Moderne, in deren Bann wir auch gegenwärtig [Hervorhebung durch V. R. M.] stehen“47. .

LITERATURVERZEICHNIS: 1. 2. 3.

46 47

Aristoteles, übersetzt und herausgegeben von Wolf, Ursula (2006): Nikomachische Ethik. Rowohlt Taschenbuch Verlag, Reinbek bei Hamburg. Campagna, Norbert (2005): Prostitution. Eine philosophische Untersuchung. Parerga Verlag, Kempten (Allgäu). Hobbes, Thomas (1651, 1966): Leviathan oder Stoff, Form und Gewalt eines kirchlichen und bürgerlichen Staates. Herausgegeben und eingeleitet von Fetscher, Iring. Übersetzt von Euchner, Walter (1966). Suhrkamp Taschenbuch Verlag, Frankfurt am Main.

Simmel, 1900 (1989). Lichtblau, 1997, S. 14.

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4. Hrabal, Bohumil, übersetzt von Sacher, Peter (2003): Allzu laute Einsamkeit und andere Texte. Deutsche Verlags-Anstalt, Stuttgart, München. 4. Kant, Immanuel (1797, 1990): Die Metaphysik der Sitten. Mit einer Einleitung herausgegeben von Ebeling, Hans (1990). Philipp Reclam jun., Stuttgart. 5. Kersting, Wolfgang (2002): Thomas Hobbes zur Einführung. Junius Verlag, Hamburg. 6. Kostolany, André (1983): Kostolany´s Notizbuch. Seewald Verlag, Stuttgart. 7. Kostolany, André (1991): Kostolanys Börsenpsychologie. Vorlesungen am Kaffehaustisch. ECON Verlag, Düsseldorf, Wien, New York. 8. Lichtblau, Klaus (1997): Georg Simmel. Campus Verlag, Frankfurt am Main, New York. 9. Olson, Mancur, übersetzt von Fleischmann, Gerd (2002): Macht und Wohlstand. Kommunistischen und kapitalistischen Diktaturen entwachsen. J. C. B. Mohr (Paul Siebeck), Tübingen. 10. Siebke, Jürgen (2002): Geld und Politik. In: Geld. Universitätsverlag C. Winter, Heidelberg. 11. Simmel, Georg (1900, 1989): Philosophie des Geldes. Herausgegeben von Frisby, David P. und Köhnke, Klaus Christian (1989). Suhrkamp Taschenbuch Verlag, Frankfurt am Main. 12. Smith, Adam (1776): An Inquiry into the Nature and Causes of the Wealth of Nations. In Two Volumes. Printed for W. Strahan; and T. Cadell, London. 13. Tietmeyer, Hans (2002): Geld und Moral. In: Geld. Universitätsverlag C. Winter, Heidelberg.


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2014 (159-163)

КУЛЬТУРА БЕЗОПАСНОСТИ ЗДОРОВЬЯ Лариса Потапова, Ph.D. Scientific and Research criminalistic Centre of the MIA of Ukraine, UKRAINE ICLE INFO ARTICLE INFO Article history Received: 03.11.2014 Accepted 03.12.2014 Keywords здоровье, культура безопасности здоровья, здоровый образ жизни

Обращаясь к историческому аспекту проблемы, мы видим, что еще в начале ХХ столетия общество подошло к пониманию того, что стратегия достижения здоровья человека лишь путем врачевания (лечения) не является перспективной, скорее наоборот, она ведет в глухой угол, хотя раньше проблема культуры безопасности здоровья рассматривалась лишь медициной. Для понимания методологических основ формирования культуры безопасности здоровья важно рассматривать проблему по дальнейшей системе: • здоровье; • культура безопасности здоровья; • здоровый способ жизни. Здоровье человека – это его способность сохранять соответствующую возрасту и полу психологическую устойчивость в условиях постоянного изменения количественных и качественных единиц структурной и сенсорной информации. Образ жизни, с латинского «Modus Vivendi», – это система

взаимоотношений человека с самим собой и факторами внешней среды. Культура безопасности здоровья человека – это одна из частей общей культуры общества, которая направлена на управление здоровьем, развитие физических, морально-волевых и интеллектуальных способностей человека с целью гармоничного формирования ее особенностей. Современные исследования трактуют культуру безопасности здоровья, как форму повседневной жизни, которая отвечает гигиеническим правилам, развивает адаптивные возможности организма, помогает успешному обновлению, поддержке и развитию его резервных возможностей, полноценному выполнению личностью социальнопсихологических функций. Очень большое значение для культуры безопасности здоровья имеет информированность людей и возможность доступа к специальным профилактическим процедурам, хорошие экологические условия, достойная система охраны здоровья. Кроме этого, существует ряд 159


Лариса Потапова КУЛЬТУРА БЕЗОПАСНОСТИ ЗДОРОВЬЯ

составляющих культуру безопасности здоровья, здорового способа жизни, которые касаются не только физического и психического, но и социального и духовного здоровья: отсутствие вредных привычек, доминирующая мировоззренческая установка на приоритетную ценность культуры безопасности здоровья, позитивная мотивация на здоровый способ жизни и т.п. Одной из главных причин ухудшения здоровья людей является грубое нарушение объективных законов природы. В системе естественного оздоровления здоровье человека рассматривается как гармоничное единство духа, тела и разума. Главная черта системы культуры безопасности здоровья состоит в том, что в центре внимания ее находится живущий по законам природы подлинно здоровый человек, а не индивидуум, руководствующийся лишь эгоистическими, часто безнравственными прихотями, пристрастиями и капризами. Поэтому, необходимо воспитание ответственности каждого за личную и общественную культуру безопасности здоровья, за здоровье природы, планеты, повышение культуры в целом. Культура безопасности направлена на ненанесения вреда (обеспечение безопасности), самому себе, своему здоровью, своей жизни, в том числе и ее качеству здоровья, жизни и интересам других людей, а также бережное отношение к окружающей среде1. Люди, которые будут заниматься безопасностью или уже занимаются этим, должны иметь острый ум, быструю реакцию, крепкое здоровье. Необходимо 1

Андреев В.И. Приоритет духовности в условиях здоровье сберегающего обучения и воспитания. – С. 9. – В кн.: Здоровье сберегающее обучение и воспитание. / Под научной редакцией В.И. Андреева. – Казань: Центр инновационных технологий, 2000. – 267 с.

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научиться быть здоровым как можно дольше. Мир, который нас окружает, очень агрессивен по отношению к людям. Микробы, вирусы появились на земле намного раньше, чем человек. Они постоянно мутируют и приспосабливаются к антибиотикам и другим антивирусным препаратам. Как сохранить здоровье в молодости, как не растратить его и не потерять в молодые годы? Ведь молодежная среда коммуникативна и более подвержена всевозможным соблазнам – алкоголю, наркотикам, беспорядочным половым связям. Необходимо научить молодежь культуре личной безопасности. Ведь, если человек не заботится о своей безопасности, о своем здоровье, как он может стать профессионалом в сфере безопасности для других. Вредные привычки такие, как употребление алкоголя, наркотиков приводят к нарушениям здоровья. Алкоголь является причиной почти 4% всех смертей в мире. Каждый год в мире умирает приблизительно 2,5 млн. человек от алкоголя. В Польше употребление алкоголя среди населения страны увеличилось за 8 лет на 30%. Наибольшее свое предпочтение поляки отдают пиву (на душу населения в возрасте 15 лет и старше в 2013 г. было чуть больше 10л.). Здесь Польша (55,1%), обошла даже Германию (53,6%) Также Польша является европейским лидером по употреблению марихуаны, амфетамина и экстази. Каждый третий подросток в Польше признался в употреблении наркотиков. Задачи высшей школы не только дать знания студентам, но и проводить подготовку национальной интеллигенции, способствовать обновлению и обогащению интеллектуального генофонда нации, воспитанию ее духовной элиты, приумножать культурный потенциал,


SECURITY DIMENSIONS

который обеспечит высокую эффективность деятельности будущих специалистов. Все это может быть достигнуто через: • воспитание будущих специалистов авторитетными, высокообразованными людьми, носителями высокой общеполитической, профессиональной правовой, интеллектуальной, социальнопсихологической, эмоциональной, эстетической, физической и экологической культур; • пропаганду культуры безопасности здорового образа жизни. По данным Министерства охраны здоровья Украины за последние десять лет повышение уровня заболеваемости и распространение заболеваний среди молодежи состоялось по всем их классам (болезни крови и кроветворных органов, болезни мочеполовой и костно-мышечной систем и т.п.). На слабое здоровье указывает его уровень у призывников, причем оно из года в год снижается: количество здоровых призывников за последние 10 лет снизилось почти вдвое. Практически каждый второй молодой человек волнуется по поводу распространения эпидемии ВИЧ / СПИДа, инфекций, которые передаются половым путем, туберкулеза, гепатита В и С и т.д. Исследования Максимовой Н.Ю.2 говорят о тесной взаимосвязи состояния здоровья молодежи с нарушениями норм поведения: практически каждый второй больной ученик становится тяжело воспитываемым. Вместе с тем ¼ состава учеников определяют как одну из главных 2

Максимова Н.Ю. Виховна робота з соціально дезадаптованими школярами: Методичні рекомендації / Н.Ю. Максимова. – К.: ІЗМН, 1997. – 132 с.

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причин (состояние здоровья), по которой они не могут лучше учиться. Низкий уровень культуры безопасности молодежи имеет ряд конкретных причин. Во-первых – это низкий уровень мотивации на здоровый образ жизни и культуры безопасности здоровья у большей части населения молодежи Украины и многих европейских стран (Польша, Румыния, Германия и т.д.). Среди молодежи очень распространено курение, злоупотребление алкоголем, неправильное питание, употребление наркотиков, сильная психоэмоциональная нагрузка и при этом отсутствие активной двигательной деятельности (гиподинамика). Употребление наркотических веществ есть проблемой социализации молодежи современности. По экспертным оценкам в Украине количество наркоманов приближается до 500 тысяч. В Украине 87% подростков в возрасте от15 до 17 лет хотя бы раз пробовали алкогольные напитки; средний возраст первого опыта употребления алкоголя – 13 лет; около 12% опрошенных молодых людей хотя бы раз употребляли марихуану или гашиш; 11% подростков считают, что достать наркотические вещества достаточно легко; первое место по продажам наркотических препаратов лидируют – клубы, дискотеки, второе место за общественными парками, третье место – место жительства самого торговца, четвертое место – интернет, пятое место – учебные заведения. В Европе более 32 миллионов человек, или почти 10% взрослого населения в странах Европейского Союза и Норвегии употребляли наркотики в 2008 году, согласно годовому отчету European Monitoring центра по наркотикам и наркомании (ЕМСDDА). Большинство потребителей наркотиков в Европе (22,5 млн.) предпочитают марихуану. Амфетамин и 161


Лариса Потапова КУЛЬТУРА БЕЗОПАСНОСТИ ЗДОРОВЬЯ

экстази принимают 2-2,5 млн. человек. Около 4 миллионов человек пристрастились к кокаину, от 1,2 до 1,5 миллионов человек употребляли опиаты, в основном героин. Приблизительно 74 миллиона европейцев пробовали марихуану и гашиш (по крайней мере, один раз в жизни), 12 миллионов пробовали амфетамины (один раз в жизни), 10 миллионов пробовали экстази, и 13 миллионов пробовали кокаин. Во-вторых – падение моральных устоев, которые состоят из нескольких

факторов. Статистические данные последних лет говорят о многократном увеличении заболеваемости среди молодежи. Низкий уровень здоровья молодежи имеет ряд конкретных причин: • падение моральных устоев; • социальное расслоение населения; • сложная криминогенная ситуация; • раннее начало половой жизни; • коммерциализация половых отношений; • однополые сексуальные отношения.

Потребление алкоголя в литрах чистого эталона на душу населения (в возрасте 15 лет и старше) Страна

Белоруссия Молдавия Литва Россия Румыния Украина Андорра Венгрия Чехия Словакия Португалия Сербия Гренада Польша Латвия Финляндия Республика Корея Франция Австралия Хорватия Ирландия Люксембург Германия

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Общее потребле ние

Учтенное потребле ние

Неучтенное потребление

Пиво (%)

Вин о (%)

Крепкие спиртные напитки (%)

Другое (%)

Прогноз на 2015

17.5 16.8 15.4 15.1 14.4 13.9 13.8 13.3 13 13 12.9 12.6 12.5 12.5 12.3 12.3 12.3

14.4 6.3 12.9 11.5 10.4 8.9 12.4 11.3 11.8 11.4 11 9.6 11.9 10.9 10.5 10 9.8

3.2 10.5 2.5 3.6 4 5 1.4 2 1.2 1.7 1.9 2.9 0.7 1.6 1.8 2.3 2.5

17.3 30.4 46.5 37.6 50 40.5 34.6 36.3 53.5 30.1 30.8 51.5 29.3 55.1 46.9 46 25

5.2 5.1 7.8 11.4 28.9 9 45.3 29.4 20.5 18.3 55.5 23.9 4.3 9.3 10.7 17.5 1.6

46.6 64.5 34.1 51 21.1 48 20.1 34.3 26 46.2 10.9 24.6 66.2 35.5 37 24 2.9

30.9 0 11.6 0 0 2.6 0 0 0 5.5 2.8 0 0.2 0 5.4 12.6 70.5

17.1 17.4 16.2 14.5 12.9 11.8 9.1 12.4 14.1 12.5 12.5 12.9 10.4 11.5 10.6 11.9 10.9

12.2 12.2 12.2 11.9 11.9 11.8

11.8 10.4 10.2 11.4 11.4 11.3

0.4 1.8 2 0.5 0.5 0.5

18.8 44 39.5 48.1 36.2 53.6

56.4 36.7 44.8 26.1 42.8 27.8

23.1 12.5 15.4 18.7 21 18.6

1.7 6.8 0.2 7.7 0

11.6 12.6 11.7 10.9 11.2


SECURITY DIMENSIONS

Несмотря на кажущиеся столь ужасающие цифры употребления алкоголя и наркотиков, все же проведенный нами анализ научных исследований подтвердил, что в современных условиях происходит целенаправленный процесс ориентации молодежи на здоровый образ жизни, культуру здоровья. Также мы считаем, что необходимо помочь подрастающему поколению в ориентации на здоровый образ жизни, что указывает на необходимость создания общенациональной программы культуры безопасности здоровья.

ЛТЕРАТУРА:

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воспитание. / Под научной редакцией В.И. Андреева. – Казань: Центр инновационных технологий, 2000. – 267 с. 2. Виховання національно свідомого, патріотично зорієнтованого молодого покоління, створення умов для його розвитку як чинник забезпечення національних інтересів України: Аналітичноінформаціні матеріали / Ред. Колегія: В.І. Довженко, Т.В. Безулик, К.О. Ващенко та ін. – К., 2003. – 191 с. 3. Заплатинский В.М. Культура та безпека // Збірник наукових праць. Науковий вісник Академії безпеки та основ здоров’я. 4. Закон України «Про загальну середню освіту» Інформаційний збірник Міністерства освіти України, № 15, 1999. – С. 6-31. 5. Максимова Н.Ю. Виховна робота з соціально дезадаптованими школярами: Методичні рекомендації / Н.Ю. Максимова. – К.: ІЗМН, 1997. – 132 с.

1. Андреев В.И. Приоритет духовности в условиях здоровье сберегающего обучения и воспитания. – С. 9. – В кн.: Здоровье сберегающее обучение и

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (164-168)

DISCIPLINRY LIABILITY: THE CONTENT, PRINCIPLES AND TYPES Cand. of Law, Assist.Prof.Valeriy Vyacheslavovych Sereda, Ph.D. Lviv State University of Internal Affairs, UKRAINE

ABSTRACT ICLE INFO

The author suggests to consider disciplinary liability as generic notion, and general and special disciplinary liability can be considered as specific notions. It is stressed that all these types of liability should be based on the principles of legality, validity, expediency, justice, proportionality, inevitability with the mandatory securing the rate of its occurrence and the observance of the presumption of suspect’s innocence. ARTICLE INFO Article history Received: 11.09.2014 Accepted 06.11.2014 Keywords administrative liability, disciplinary liability, disciplinary offence, disciplinary penalty

Disciplinary liability is based on the corresponding principles that reflect the essence of the legal norms governing the corresponding relations. These include: • the legality of disciplinary liability; • the validity of disciplinary liability; • the expediency of disciplinary liability; • the justice of disciplinary liability; • the presumption of suspect’s innocence; • the rate of disciplinary liability occurrence; • the proportionality of disciplinary liability; • the inevitability of disciplinary liability. The legality of disciplinary liability arises from the fact that this liability is only for disciplinary offenses, that is, for guilty wrongful acts. Disciplinary liability may be applied only by bodies and persons vested with appropriate powers. The liability can be used only within the labour legislation limits. Thus, the legislation establishes a comprehensive list of 164

disciplinary penalties, as well as the period during which these penalties may be imposed, and the order of bringing to the disciplinary liability. Moreover, only one disciplinary penalty may be applied for every guilt. This rule is not applied to committing so-called continuing disciplinary offences (truancy, for instance). If the non-fulfilment or improper fulfilment of job duties assigned to the employee continued, despite the imposition of a disciplinary penalty, a new disciplinary penalty may be applied, including dismissal. Validity is based on the fact that the legal decision and the legal measure of enforcement impact on the employee can only be justified. A justified decision is one based on the examined evidence, taking into account the severity of the offense, the employee identity, systematic violations of labor discipline etc.


SECURITY DIMENSIONS

O.T. Barabash noted that disciplinary liability should be reasonable and fair. The validity of disciplinary liability lies in the following: a) imposition of a disciplinary penalty only for actions (inactions), connected with the violation of labor discipline; b) the application of disciplinary penalties that would not humiliate human dignity and worker’s labour honor; c) the imposition of one penalty for each violation of labor discipline [1, p. 69]. Expediency envisages consideration of the offender’s individual properties, previous work, employee’s behavior and attitude to work (i.e. strict individualization when choosing a disciplinary penalty) in each case. The law also allows the possibility of early withdrawal of the disciplinary penalty. If new disciplinary sanctions aren’t imposed on the employee, the penalty is to be removed after a year period. However, the employer has the right to remove the recovery of the employee before a specified period on his own initiative, at the request of the employee, a supervisor or representative body of employees. In each case, the question on early withdrawal of disciplinary penalty against the employee should be decided from the standpoint of expediency of that action. Removal of the punishment is not considered as such in the future, because the employee is not considered to have disciplinary action. The removed penalty is not considered to be a penalty in the future, because the employee is not considered to have disciplinary action. Moreover, the law allows the possibility of complete liberation of the labor discipline offender from disciplinary penalty, since the use of disciplinary action is a right, but not an obligation of the employer. The principle of justice fixes the nature of disciplinary sanctions, and while choosing them the employer must take into account the degree of severity of the committed offense and caused harm, the circumstances under

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which the offense was committed, and the employee’s previous work. When determining the type of disciplinary sanction the attention should be paid to the degree of severity of the offense, the circumstances under which it was committed, the caused harm, the offender’s previous behavior and admission of guilt, the attitude toward the performance of official duties, the qualification level, etc. The principle of justice prevents from increasing the penalty after considering of the complaint of an employee who has been subjected to it. The principle of justice also includes a requirement to impose one legal punishment for a single offense. The presumption of innocence is that the employee does not have to prove his guilt to the employer about committing a disciplinary offense. The problem of proving the guilt of the employee is the problem of the employer himself. In order to recognize the wrongful act of the employee as a disciplinary offence, the employer must establish the fact of guilt. The only thing that the owner or his authorized body may require from the worker (the offender of labor discipline) is a written explanation of the detected offense. Also according to the Article 7 of ILO Convention № 158 "On termination of employment relations on the initiative of the entrepreneur " in 1982, the employment relations with the worker shall not be terminated for reasons related to his behavior or work, as long as he is not provided the opportunity to prove his innocence, except cases when the employer can‘t reasonably provide the worker this possibility for the employee [2; 3]. The employee may even refuse to give testimony, and this is the case which requires the act that must be signed by the persons certifying this fact. But the refusal to provide testimony does not prevent the employer to bring workers to disciplinary liability. The principle of proportionality is distinguished as a permanent legal value of the 165


Valeriy Vyacheslavovych Sereda,DISCIPLINARY LIABILITY: THE CONTENT, PRINCIPLES AND TYPES

ratio of measures of a disciplinary penalty and the severity of a committed offence. Imposing penalties a legislator requires an employer to take into account the severity of the offence, circumstances under which it was committed, the previous behavior of the employee and his/her attitude to work. The principle of the rate of disciplinary penalties attachment is defined in terms of imposing disciplinary penalties. The employer’s delayed reaction on the committed offense reduces the effectiveness of the disciplinary penalty. The disciplinary penalty cannot be applied later than six months from the day of the misconduct, and according to the results of the audit, the revision of financialeconomic activities – later than two years from the date of its committal. In the scientific literature on labor law stands the principle of inevitability of disciplinary liability. This principle is reflected in the fact that any offence should not be neglected by the employer. Maybe this is a lack of conviction or sentence, but always obliged to have an impact in principle of liability, because the latter is a broader measure than punishment, penalty or conviction. It’s pointed out of the necessity of the disciplinary action in any case of labor discipline, which in itself is of warning meaning, regardless of whether disciplinary proceedings are realized or disciplinary action based on the personality of an offender and the circumstances of the offense committed won’t be applied. However, nowadays sphere of the manifestation of the principle of inevitability of disciplinary liability is significantly narrowed. So how exactly employer has to decide whether to breach in a given case disciplinary sanctions or it’s not appropriate. Moreover, even if it is a subject to disciplinary sanctions, it is not necessarily to be completed by application to the perpetrator of a disciplinary penalty. An employer may just use oral interviews with the offender. So we can’t talk about the inevitability of disciplinary 166

liability as a duty of the offender to answer for disciplinary offence committed and suffered from some unpleasant consequences in all cases. It should be noted that in some cases the employer's right to solve the question of whether to prosecute the offender or not to the disciplinary liability, is limited. However, the disciplinary responsibility is of inevitable nature, as labor law requires from an employer to apply in some cases disciplinary action to a particular person. The legal mechanism of disciplinary liability consists of legal regulations providing basis for disciplinary liability, disciplinary sanctions, their imposition order, removal and appeal. It should be noted that disciplinary compulsion is an extra-judicial, for it is inherent in the widespread use of moral and legal sanctions, it is carried out by the subjects of disciplinary power. If the means of civil legal compulsion can be applied to both individual and collective subjects, then the means of disciplinary compulsion are applied only to physical persons who are not only personalized, but also individualized. There are many sanctions and procedures intended for a certain group of people within its framework [4, с. 348-349]. Taking into account the mentioned above, disciplinary liability may be general and special. Such a division, according to Y. Adushkina conditioned by three grounds: • firstly, the inclusion of a person in one or another particular type of community; • secondly, belonging of a citizen to a certain type of organization (for example, it is particularly regulated the liability of employees of enterprises and establishments of the systems of various transport ministries, prosecutors, judges, etc.); • thirdly, the nature of the functions performed by a person in the given organization.


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The responsibility of those employees whose activity is the main content of this organization is especially regulated; they are judges, prosecutors, investigators and others (as opposed to individuals who perform supporting functions in the same organization). "Marked factors, - continuous further the author, - cause (on various subjects) the specific grounds for liability, lists of penalties, hierarchy of disciplinary power, procedural forms and, therefore, determine the differentiation of disciplinary liability" [5, p.28-29]. Thus, the general disciplinary liability arises on the basis of the Labor Code of Ukraine regulations and work rules. It is spread over the majority of employees, including seasonal and temporary employees who are not covered by the statutes and regulations on discipline and other special regulations. Even in those branches of national economy where there are statutes or regulations concerning the discipline, much of the employees bear general disciplinary liability. General disciplinary liability under Art. 147 Labour Code of Ukraine suggests two types of disciplinary sanctions: reprimand and dismissal, which are exhaustive. Special disciplinary liability is provided only for specifically defined categories of employees on the basis of laws and regulations concerning the discipline and special regulations. It is characterized by a special subject of a disciplinary misconduct, specific nature of a disciplinary misconduct, special types of disciplinary sanctions, special procedure for imposing and appealing the disciplinary sanction. Special subject is the employee who bears disciplinary responsibility according to special normative-legal acts, statues, regulations, laws. Special disciplinary liability differs from the general by the following features: 1) the persons are liable to its scope; 2) regulated by special normative-legal acts;

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3) the broader content of the disciplinary offence; 4) measures of the disciplinary penalty. Thus, for certain categories of the workers, the moral content demands are included in their duties. This applies to judges, prosecutors, public servants, employees, who performs educational functions. Failure to comply with these norms, it is immoral behavior not only during the work, but also in everyday life is the basis for the involvement of the employee to disciplinary action, including dismissal from the office; 5) the persons and bodies entitled to apply penalties. The workers carrying disciplinary responsibility in accordance with the statues, regulations and other legislative acts of the discipline, disciplinary sanctions may be imposed not only by the authority, which is responsible for employment, and higher authorities. The workers occupying elective offices, can only be dismissed by decision of the body which elected them, and only on the grounds provided by the legislation (art 147-1 the Labor code of Ukraine); 6) the application procedure and appeals against penalties. Summing up the mentioned above, we can formulate definitive apparatus of disciplinary liability: disciplinary liability - is a generic concept, and general and specific disciplinary liability can be regarded as a species concept. Disciplinary liability is a type of legal liability, which covers the employee’s duty both to be responsible to the managing subject or to the authorized body for the disciplinary offense committed by him/her, the essence of which lies in the employee’s failure to perform or perform improper the assigned employment or official duties; and to incur disciplinary sanctions provided by the legislation of Ukraine. 167


Valeriy Vyacheslavovych Sereda,DISCIPLINARY LIABILITY: THE CONTENT, PRINCIPLES AND TYPES

General disciplinary liability is a subtype of disciplinary responsibility directed at an employee guilty of nonperformance or improper performance of assigned (by labor legislation, collective and labor agreements) duties resulting in disciplinary sanction, kinds and grounds for the application of which are provided by the Labor Code. Special disciplinary liability is a subtype of disciplinary liability directed at the legislation defined special subjects who for the committed disciplinary offence bear the punishment within the frames of special regulations providing for more severe disciplinary measures that are implemented by applying special procedures for their imposition.

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REFERENCES: 1.

2.

3.

4. 5.

Барабаш О.Т. Дисциплінарна відповідальність робітників і службовців за порушення дисципліни праці / О.Т. Барабаш // Радянське право. – 1974. – № 5. – С. 68-72. Про припинення трудових відносин з ініціативи роботодавця. Конвенція МОП від 22.06.1982 р., №158 // [Електронний ресурс]. – Режим доступу: http://www.rada.gov.ua Про ратифікацію Конвенції Міжнародної організації праці №158 про припинення трудових відносин з ініціативи підприємця. Постанова Верховної Ради України від 04.02.1994 р., №3933-XII // Відомості Верховної Ради України. – 1994. – № 23. – Ст. 166. Бахрах Д.Н. Административное право: учебник / Д.Н. Бахрах. – М.: Изд-во БЕК, 1997. – 350 с. Адушкин Ю.С. Дисциплинарное производство в СССР / Ю.С. Адушкин; под ред. В.М. Манохина. – Саратов: Изд-во Сарат. ун-та, 1986. – 128 с.


HOLISTIC PERSPECTIVE OF KINESIOLOGICAL ASPECTS OF SECURITY CULTURE


SECURITY DIMENSIONS

INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (171-177)

SAFETY CULTURE IN SPORTING ACTIVITY Mirosław Juszkiewicz Ph.D.1, Dorota Ambroży Ph.D.2, associate professor Ewa Dybińska, Ph.D.3 1, 2 Faculty 3

of Physical Education & Sport, University of Physical Education in Cracow, POLAND Andrzej Frycz Modrzewski Cracow University, POLAND

ABSTRACT As a result of the growing pace of life and developing civilization in which important factors are the crisis of values, the misunderstood idea of freedom and the willingness to achieve success quickly (by taking a shortcut), a new area of threats can be observed. They are caused by faster pace of life that is related to technical development which, in turn, makes us place higher demands on ourselves both in respect to our physical and psychological fitness. Contemporary world requires people to take care of their bodies. This is related especially to taking care of our bodies through the prism of the myth of beauty. The ideal of beauty promoted by mass media is difficult to achieve for an average human being and impossible to achieve for the majority of people in a satisfactory time period. Therefore, reflection on experiencing corporality as an aesthetic value in reference to safety culture seems to be both interesting and significant. High safety culture is related to high values ascribed to human health and life as well as keeping the boundary between essential risk, which is an integral part of life and development, and ensuring safety and protection against threats. The axiology of physical activity and issues of movement, fitness, health and beauty of human body related to it is one of subject of interest in safety culture. The aim and specification of actions in the field of body axiology is description, interpretation and analysis of facts related to human corporality which have sense and therefore are a value. ARTICLE INFO Article history Received: 01.11.2014 Accepted 09.12.2014 Keywords safety culture, sport activity, safety

At the turn of XX and XXI centuries, after the terrorists attack on WTC in New York in 2001, there was a strong demand for security. Regardless of the New York symbol of the new era of global threats, the insecurity of everyday existence is constantly increasing. As a result of the growing pace of life and developing civilization in which important factors are the crisis of values, the misunderstood idea of freedom and the willingness to achieve success quickly (by taking a shortcut), a new area of threats can be observed. They are caused by faster pace of life that is related to technical development which, in turn, makes us place higher demands on ourselves both in respect to our physical and psychological fitness.

We want to become independent from the modern world and at the same time, being aware of some kind of dependence, we try to adapt to reality. Contemporary world requires people to take care of their bodies. This is related especially to taking care of our bodies through the prism of the myth of beauty. Corporality, which is a part of human nature, is an omnipresent dynamic wholeness. Nowadays the cult of body and the belief that thanks to it an individual manifests their identity and depicts their individuality become widespread. In the post-modern society to effective functioning means that a person has to respect the arrangements of the modern world in which a beautiful body is one of many require171


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ments. If a person does not meet standards specified by the society, they have to forget about fulfilling their dreams and plans. The body is a basis for identity creation. Therefore, a beautiful body has become a desired value which is to guarantee stabile functioning of a person both at an individual and social level. Frequent attempts to modify corporality are an effort to fulfill those expectations and become a kind of threat. By becoming an essential requirement of contemporary times, the beautiful body may become a type of objectification similar to such rituals as human sacrifices, self-flagellation in the name of religious practices or slavery and prostitution. The ideal of beauty promoted by mass media is difficult to achieve for an average human being and impossible to achieve for the majority of people in a satisfactory time period. It should be noted that the media image is only an unthinking image which presents only ideal body proportions without showing the way to achieve them. It becomes a specific kind of a dream about a beautiful body. Contemporary socio-cultural concepts assume that value appreciated in a particular society, instilled in people by media, are often reflected in their individual value systems. Along with the advancement in different fields of medicine and technological development, the human body is subjected to various kinds of modifications without attention being paid to their consequences. Surgical procedures, diets ruining our bodies and various kinds of other procedures are a shortcut to obtain the dream ideal. Aesthetically pleasing appearance, regardless of the cost is an essential requirement needed to achieve success in contemporary world. The beautiful body becomes the objective of life as is sports championship gained by means of body. In both cases doping testing should be necessary to check whether the way to success was not a shortcut. In sport, even though it is still imperfect, the doping testing system is a threshold which significantly limits the practice of dangerous and artificial competition. Competition in everyday life takes the value of beautiful body into account without paying attention to the way it was achieved. Nobody wonders if a beautiful figure has been achieved by means of a balanced diet, effective physical exercise or a healthy lifestyle. The only thing which counts is the final effect and only ideal proportions and shape matter. The ma172

jority of women who watch models’ slim figures on TV experience the feeling of sadness since they do not have such figures. This results in lack of acceptance of one’s body which often causes frustration. The awareness of not fulfilling those conditions becomes the source of subjectively experienced suffering. People pursue the ideal of beauty by any means believing that this will allow them to achieve success and stabilization in life. However, such conduct which aims to gain the sense of balance and the feeling of psychophysical satisfaction, very often becomes a threat to us. The way to a quick bodily success often has destructive effects for health. The myth of beauty becomes a new kind of threat understood as a phenomenon or a group of phenomena which pose the possibility of specific events or states disadvantageous for human existence, including health, life and for the existence of beneficial conditions for further proper development. Therefore, reflection on experiencing corporality as an aesthetic value in reference to safety culture seems to be both interesting and significant. Safety culture is the field which includes a system of meanings by which threats throughout the world are understood. It also specifies an attitude of a particular society to risk, threats and safety as well as highlights values which are considered important in this respect. High safety culture is related to high values ascribed to human health and life as well as keeping the boundary between essential risk, which is an integral part of life and development, and ensuring safety and protection against threats. A population, and similarly an individual, is motivated by physiological needs (e.g. nutrition and sleep) typical for the whole species. Until they are accommodated, they are its main concern. Another basic physiological need, which we are not always aware of, is the need for physical movement (physical activity) that results from historical conditions of human existence (protection, acquiring food, fighting, escape). It has not lost its relevance since biological nature of man does not stand physical inactivity. Pursuing balance between those aspects of safe functioning is becoming an important part in the discussion on the safe quality of human life. The axiology of physical activity and issues of movement, fitness, health and beauty


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of human body related to it is one of subject of interest in safety culture. The aim and specification of actions in the field of body axiology is description, interpretation and analysis of facts related to human corporality which have sense and therefore are a value. This is a means of understanding and explaining the structure and physical fitness of a man. Fulfilling needs by means of delivering desired values concerns all aspects of human activity. Responsible attitude towards your body is one of the most important values since it conditions our temporal existence. Needs related to the body may be necessary or relatively be unnecessary or be an intentional complement of human existence. Differentiating between these is of great importance because it helps us understand the motives behind our attitude towards our bodies. Without a doubt behaviour motivated by the necessity to uphold our existence has to be evaluated differently than behaviour resulting from the desire to experience “something more” in life. “Nevertheless, it is possible to assume, without rejecting the attempts to order the world of values with regard to quality, that the division into existential values is the most fundamental one since it fulfillment decides about the existence of man (as an individual, as society, as humankind) and serves its existential safety and nonexistential ones – which can accurately be described as essential – which fulfillment decides about specific existence in the world, expressing its nature which is constantly developing and come under axiological improvement. Apart from existential and essential values it is also wellfound to introduce ornamental values, which make human life more pleasurable, comfortable and more beautiful, as well.”1 Fulfilling existential values creates an existential basis and nonexistential values is going beyond potential completeness of the means of existence – it is a peculiar superstructure of simple life. Whereas, the pursuit to fulfill existential values is justified by the desire to survive, the desire to experience essential values, especially ornamental ones, makes a person more willing to express and experience “over existential” desires. The desire to enrich life 1

Lipiec J.: Świat wartości. Wprowadzenie do aksjologii. FALL, Kraków 2001, p. 42.

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results in taking new challenges which breaks the monotony of existence, including challenges whose results are uncertain. Risk taken in emergencies seems justified because it serves a greater cause than only one’s satisfaction which happens in case of putting yourselves or others at risk because of reasons which do not have the traits of necessity. However, this does not change the fact that for some people valuation of functioning in risky situations is much higher than quiet and stable existence. It can even be stated that it is precisely thanks to such actions which overstep necessity, the space of discovered values gets bigger and human life becomes more attract ive. Health awareness and intelligence determine lifestyle and, above all, its elementary constituents, such as good diet and physical exercise and activity. They have significant influence on health and well-being of each individual. Physical activity is treated not only as a means to an prohealth end, but also as a source of personal satisfaction and auto-expression. Increase in vital forces of a person undergoing movement treatment is undeniable. The rule which says that the body can be not only fixed, but above all protected (prophylaxis) by means of general physical exercises has found application in human life. Protection, but also increasing one’s physical abilities and improving them through physical treatment is a person’s accomplishment. The judgment whether something is useful, necessary and important lies is an issue underlying valuation processes. As a result, for humans safety grows into value. Value is something which is significant for a subject in each dimension and sides of their existence irrespective of consciousness of this meaning or real knowledge about them. It is also something which in procedures affecting corporality is good, necessary, beneficial for the subject and which produces appropriate reactions in an axiological act. With reference to people these will include various physical activities which will bring the expected results in the form of a beautiful body when they are individually adapted to a person. However, they have to be done systematically for a longer period of time. Therefore, it is not about taking a shortcut, but doing intensive work for the results of which one has to wait. They can constitute a value which not only can be experienced here 173


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and now, but whose essence manifests itself in further fulfillments and realities. These are values important for psyche, the body and whole structure of the human being. They are a response to dreams, desires and aims. Thus, dreaming about a well-built body emerges as a desired value. It can be said that a peculiar type of value system is being created in response to our own desires. When values fulfilling human existence are desired qualitatively, they bring joy and positive sensations can be vital values. Therefore, it is not about pleasure here and now, but about more distant effect. Very often focusing on the present, especially with respect to beautiful appearance, results in short-term benefits, which manifest themselves in everyday joy, but turns out to be destructive in the long-run. SAFETY AND RISK IN SPORTING ACTIVITY One of means of expanding a person’s personal space of available values is broadly understood sporting activity. The term sport refers to all kinds of physical activity participation in which has influence on developing or improving physical and psychological condition, development of social relations or obtaining sports results at all levels.2 It has to be considered by making a basic distinction between amateur and professional sport based on the level of an individual’s engagement. “An amateur makes something in accordance with their choice made by means of subjective satisfaction, that is above all pleasure itself, resulting from something they have chosen as well as pleasure for themselves, resulting from the fact that they could it themselves. Feat, on the other hand, starts where the term related to how to do something which one is doing \...\ It turns out that it is not enough to simply throw a ball and that is also necessary to throw it accurately. Accuracy is not enough, strength and finesse are also necessary so that a goalkeeper will not be able to defend the goal. The effectiveness of a move is not enough, it has to be original, beautiful and perfect like an act of a virtuoso.”3 Whereas amateur sport is usually associated with recreational activity, professional sport 2 3

The Act of 25 June 2010 on Sport, Art. 2.1. Lipiec J.: Fenomenologia wędrówki. Wyd. FALL, Kraków 2010, p. 262.

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with its professional form. However, the stance of a competitive sportsperson occurs also in other types of intentional human activity. “Competitive sportspeople – as character types or a type of practical outlook on life – can basically be found everywhere: in material and intellectual production, art, science, erotism and fight.”4 The subjective desire to be constantly better leads to the search for and creation of new values which will contribute to take more risky actions since extraordinary effect are rarely obtained through standard means. Taking intentional actions which change the current lifestyle is caused by dissatisfaction with the way we exist in the world and the lack of, unsatisfied feeling or satiety of fulfillment of expected needs. “They are accompanied by specific means of experiencing one’s satisfaction, e.g. dissatisfaction, insatiability, emptiness, boredom, sadness, melancholy, despair and grief.”5 The original state in the pursuit of need fulfillment is finding or creating values which decrease the sense of emptiness. In such a situation a person searches in their personal and social space for such kind of physical activity (sports discipline) whose values will contribute to the fulfillment of needs. Already at this stage an initial decision based on its potential place at the level of safety and risk is made. This choice depends greatly on an individual’s physical structure. Some people expect that their sporting physical activity will be satisfied while maintaining the maximum level of safety, others want to experience a bit of thrills related to the increased level of risk. However, it should be assumed that even people taking extreme risk want to at least stay alive because benefits resulting from doing sports are achieved only if we continue to live. Making some simplification it can be stated that people doing sport to stay healthy will prefer safer sporting disciplines while those who want to experience a bit of thrills will be interested in more risky sports. It should also be noted that decision about taking up a particular kind of sporting activity is motivated mainly by an individual’s ideas and the influence of their environment and is linked to potential rather than 4 5

Ibidem., p. 263. Ibidem., p. 147.


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real acceptance of the level of risk. Only after starting to do the selected sports discipline is the level of risk tolerance verified. The initial period of learning motor skills is the time when we verify our ideas of the experienced and real level of safety. This results from knowledge and ideas we have about a particular sports discipline. Such ideas, which usually are not sufficiently underpinned by a sound knowledge base, are often created on the basis of an idealized and emotional picture based on observation of champions. The result of such admiration is the tendency to highlight benefits and minimizing expected risks. The level of safety relies largely on the method of sports initiation. People learning on their own usually have a small sense of the risky nature of their actions because they have low awareness of the level of real threats. They do not expect any risks since they believe they are able to do a particular sports discipline safely and on their own. Students taking part in integrated learning are informed about potential risks (which may temporarily strengthen the sense of risk), but at the same time the appropriately conducted process of teaching should reduce the sense of risk and ensure a high level of real safety. The level of safety, both in its emotional and real form, rises along with the growth of skills. The acquired knowledge and skills verified by being applied in varied situations give the sense of satisfaction while doing the selected sport. Experiences consolidated in memory tend to be generalized through the prism of description in categories of pleasure or distress sensation, stimulating the desire for or avoidance of a similar situation; information incompatible with the adopted schemata, on the other hand, are ignored6. The image of sporting activity that is created in our imagination and then confronted in real situations exerts great influence on the tendency to finding ourselves in a similar situation that is considered to be constructive. If a person is satisfied with the discipline they practice, they are inclined to fulfill their need for sporting activity in it; if they are not satisfied, they will search for a different method of 6

Pirecki K.: Psychologiczne czynniki subiektywnej percepcji i oceny ryzyka. [in:] Studencki R. (ed.), Zachowanie się w sytuacji ryzyka. Wyd. Uniwersytetu Śląskiego, Katowice 2004. p. 69.

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fulfilling this need. The awareness of the increased level of risk related to some types of sporting activity will stimulate the pursuit to increase the level of motor skills and competence and to provide protection of people who take care of safe practice of sport. Attention to systematically improve or maintain suitable qualifications increases the level of body and emotional safety effectively and enriches human life with experiencing numerous values related to sport. Looking for risk may be one of stimulus behind selection of a sports discipline, but it may also occur as a result of still being hungry for adventurousness while doing sport. Repetitiveness, stability and safety experienced during sporting activity may be the most expected values of such lifestyle, but they may also result in the feeling of boredom, stagnation and hunger for adventurousness. As a result, a person may either stop doing a particular sporting discipline or, on the contrary, stimulate the pursuit to increase the sensation experienced when shaping one’s body (improving effectiveness, versatility and aesthetics of body movement) or to reinforce experienced emotions (entering competition, increasing the level of risk, looking for recognition or admiration). In the second case even people who earlier represented a play-safe attitude to sport, become more selfconfident and willing not only to accept, but also seek increased risk. Similar signs are observed in case of people who become bored with the discipline they practice – they give it up or look for new experiences in it. Seeking to extend the scope of values experienced in sporting activity can be used as a positive sign, however, it needs to be remembered that the desire for greater emotions should not exceed one’s qualifications since this may create excessively risky situations. “Fitness training which, by realizing a number of values related to human beings, has been a natural human need for centuries, influences their safety both directly and indirectly. /…/ Taking care of one’s body by means of physical exercise may be a way dealing with dangers both by increasing the possibilities to fight them and by improving one’s image and the quality of life by gaining a higher status in the society.”7 Sport is 7

Korzeniowski L., Ambroży T.: Potrzeba aktywności fizycznej i bezpieczeństwa a hierarchia wartości w treningu holi-

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a very safe method of enriching life if the level of an individual’s skills is supplemented with social safety measures. “Unrealistic optimism – which is the most common mistake – is an extremely deceptive element of threat and potential risk evaluation. According to this theory people believe that they are invulnerable – others are more exposed to dangers and risks than them. Of course this does not mean that they are mistaken. However, the majority of us think in this way, the evaluation of one’s risk is below the average. This phenomenon is not truly reflected since a significant proportion of these people have accidents. Optimism is manifested in failure to evaluate the negative results of events and overestimating positive ones.”8 This favours taking unnecessary risks, including sports and recreational ones which are highly promoted in common socio-cultural space. However, it is necessary to make people aware in a responsible way that “physical activity itself may create risks. People who take up physical activity are vulnerable to exhaustion, overtraining and various kinds of body injury. That is why the intensity of physical activity should be carefully monitored (a role of a professional – a trainer – plays a significant role here) and to adapt it trainee’s current abilities. Uncontrolled sport rivalry may also result in risks. It can take the form of a uncontrollable willingness to win the title of champion (e.g. by using doping which has devastating impact on our body) or be related to the organizational aspect of sporting competitions (e.g. soccer fans’ acts of hooliganism during matches, not only at the stadium but also outside it).”9 Therefore, in planning and taking up sport we have to be responsible for ourselves and other people and balance the risk and the possibility to ensure safety responsibly and consciously. Risky activities create emotional values while diminish-

8

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stycznym. Annales Universitatis Mariae CurieSkłodowska, Vol.lx, suppl. XVI, 231, Lublin 2005, s. 22– 23. Sankowski T.: Funkcjonowanie człowieka w sytuacjach zagrożenia związanych z aktywnością rekreacyjnoturystyczną. [in:] Wyrwa A.: Studia Periegetica, Teoria i Praktyka w Turystyce. Zeszyt 3/2009, p. 178-179 and Goszczyńska M.: Człowiek wobec zagrożeń. Psychospołeczne uwarunkowania oceny i akceptacji ryzyka. Wyd. Żak, Warszawa 1997, p. 103–111. Ambroży T.: Kultura fizyczna a bezpieczeństwo. Apeiron, Zeszyt Naukowy no. 6, Kraków 2011, p. 259.

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ing the value of safety. Excessive care, on the other hand, results in taking unnecessary actions and limiting emotional life. Freedom manifests in the possibility to make one’s own choices in the pursuit to meet their need. For this purpose we search the space of available values and choose the ones which help to realize the objective in the most effective way. “The results of our decisions are evaluated in reference to how they meet our needs, which are expressed at the level of informal language in abstract categories which are not incompatible with each other: happiness, good, satisfaction, self-realization.”10 Values related not only to safety and stabilization, but also to the expectation of experiencing something new or even something crazy have gained a prominent place among the expected and desired values. In case of voluntary sporting activity the place of risk and safety in the hierarchy of values depends on subjects’ personal preferences. Attention to obtaining skills suitable to presumed aims and movement competences increases the felt and real level of safety in a significant way. Having the sense of safety when doing physical activities increases comfort and lends space to potential decision taking about more fascinating forms of doing them. Practicing sport in a responsible manner makes it possible to realize a number of values in a satisfying way, starting with the most fundamental ones, which foster health and physical fitness, to ornamental values which make it possible to experience emotions, sometimes even extreme ones. The intensity of being engaged in unnecessary physical activity should be characterized by responsibility founded by a thorough evaluation of one’s own and social abilities to ensure safety since their negative consequences concern usually not only a particular person, but also their social environment. If physical activity we take up voluntarily is to expand the space in which we experience happiness, we have to consider the presence of other people, who have similar expectations, in it. Values related to safety and risk in doing sports should complement each other so that body and emotional needs are met without exposing people

10

Szapiro T.: Co decyduje o decyzji. PWN, Warszawa 1993, p. 22.


SECURITY DIMENSIONS

to experiencing values which are destructive for them and their social environment.

REFERENCES

1.Ambroży T.: Kultura fizyczna a bezpieczeństwo. Apeiron, Zeszyt Naukowy nr 6, Kraków 2011 2.Korzeniowski L., Ambroży T.: Potrzeba aktywności fizycznej i bezpieczeństwa a hierarchia wartości w treningu holistycznym. Annales Universitatis Mariae CurieSkłodowska, Vol.lx, suppl. XVI, 231, Lublin 2005, 3.Lipiec J.: Fenomenologia wędrówki. Wyd. FALL, Kraków 2010

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4.Lipiec J.: Świat wartości. Wprowadzenie do aksjologii. FALL, Kraków 2001 5.Sankowski T.: Funkcjonowanie człowieka w sytuacjach zagrożenia związanych z aktywnością rekreacyjnoturystyczną. [in:] Wyrwa A.: Studia Periegetica, Teoria i Praktyka w Turystyce. Zeszyt 3/2009 6.Szapiro T.: Co decyduje o decyzji. PWN, Warszawa 1993, 7.Pirecki K.: Psychologiczne czynniki subiektywnej percepcji i oceny ryzyka. [in:] Studencki R. (ed.), Zachowanie się w sytuacji ryzyka. Wyd. Uniwersytetu Śląskiego, Katowice 2004.

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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (178-186)

THE INFLUENCE OF A TRAINING PROGRAMME ON THE SPECIAL PHYSICAL FITNESS OF JU-JITSU TRAINEES Tadeusz Ambroży1, Mateusz Nowak2, Dariusz Mucha3, Wiesław Chwała4, Juliusz Piwowarski5 1,3,4

Faculty of Physical Educ. & Sport, University of Physical Education in Cracow, POLAND Personal trainer, POLAND 5 School of Higher Education in Public and Individual Security “Apeiron” in Cracow, POLAND 2

ABSTRACT The purpose of training in ju-jitsu is developing characteristic adaptation to physical activity and optimizing body functions so as to obtain maximal achievements. A means to an end is mastering the fighting technique and develop the essential level of special physical fitness. The aim of this paper was to determine the influence of a modified circuit training conducted according to an original program on level of special physical fitness of ju-jitsu trainees. Ju-jitsu trainees having similar somatic parameters and training experience (3-5 years) were included in the research. 30 participants between the age of 21 and 28 have been selected by means of a purposeful selection. On the basis of different variants of a circuit training and governed by the guidelines of a functional training for trainees, we have developed a training programme which aims to develop special strength, stamina and speed skills. STATISTICA PL software was used to compile the results. In order to determine statistical significance of differences between pre- and posttest measurements in the evaluated group of Ju-Jitsu contestants, a t-test for related groups was used. In conclusion, the proposed training programme proceeds at a high level of intensity, which resembles start activity (which is indicated by the heart rate frequency measurement and lactic acid blood concentration) and may be used in ju-jistu training. The experimental training programme has exerted positive influence on the participants’ with respect to the number of movements made, which can affect their effectiveness in fight. ARTICLE INFO Article history Received: 01.11.2014 Accepted 29.11.2014 Keywords ju-jitsu, special physical fitness, strength training, martial arts

INTRODUCTION According to rules in ju-jitsu both long and short distance attacks, as well as ground fighting are allowed. In ju-jitsu fights are characterized by acyclic movements and frequent changes in fighting conditions. It comprehensively affects trainees and, by activating all muscle groups, engages the whole body broadly and uses all 178

elements of trainees’ motor skills (Ambroży 2008). In the course of fight the position of a trainee constantly changes which requires that they are quick. Changeable intensity of a physical effort, on the other hand, requires specific endurance capacity. Ju-jitsu is a direct fight which requires maximal nerve and muscle effort in a relatively short time (Sterkowicz 1998).


SECURITY DIMENSIONS

The aim of a sports training in ju-jitsu is developing characteristic adaptation to physical activity and optimizing body functions so as to obtain maximal achievements. A means to an end is mastering the fighting technique and develop the essential level of special physical fitness. In a ju-jitsu training, apart from doing typically specialist exercises (repeating techniques, combinations, counter-attacks and some parts of the fight), selected exercises can be used to improve general and special physical fitness in the form of station circuits. As one variant of training forms in ju-jitsu, circuit training is a way of conducting a training session which develops muscle strength and to some degree speed and resistance to physical fatigue. Taking into consideration the type of work of muscles, it is classified in the group of dynamic methods of strength training with the use of medium weights. From a methodological point of view, this kind of training is used as a method developing endurance-strength skills. Variants of the circuit training give a broad range of options of modifying this way of conducting classes (Ambroży 2007). In order to develop special skills it is essential to make sure in the course of a training programme preparation that strength training engages the muscle groups that are used in the allowed techniques and develop the so-called postural muscles. In the evaluation of special physical fitness technical efficiency tests (examples: Sterkowicz and Ambroży 2003), as well as special strength and endurance tests are used. The comparison of the results of general physical fitness tests and the results of sports achievements, a number of factors, which characterize selected trainees’ level of training, is found. The test of special physical fitness (TSSR), which is used in the evaluation of special physical fitness of judo and ju-jitsu trainees, is carried out by means of ippon-seoi-nage throw repeated with maximal speed. This throw is done in the following way: after leaning the opponent forward, we drag them on the back and throw them forward over the left or right shoulder. Two competitors (uke), face each other at a distance of 6 meters in places marked by a tape sticking to the mat. The tested trainee (tori) starts in the middle, being placed forward to one of their fellow

12

trainee. On command: Hajime the trainee is to do the following: move as fast as possible and make three ippon-seoi-nage throws, changing partners. The task of their fellow trainees is to perform falls, rise up quickly and stand on the place marked on the mat. Interval effort consists in doing as many throws as possible in three series lasting 15, 30 and 30 s respectively, with 10 second intervals. The interval starts on Matte command. Immediately after physical effort and after a one minute break, heartbeat frequency HR was measured. On the basis of the following formula: the sum of HR measurement after effort and an one minute break / the sum of throws in three series, TSSR index can be calculated (Sterkowicz and Ambroży 1992, 2003). TSSR tests enable to evaluate trainees’ level of preparation at a particular stage of training. By repeating them, it is possible to evaluate progress or decrease in physical fitness. Analysis of test results, on the other hand, enables to modify training effectively. The aim of this paper was to determine the scope of a modified circuit training conducted according to an original program on ju-jitsu trainees’ level of special physical fitness. On the basis of research results and evaluation of trainees qualified to the project, an attempt to evaluate whether the proposed training programme can be implemented into ju-jitsu training cycle was made. The conducted research allowed to formulate the following research questions: 1. At what level of intensity (heart beat frequency and lactic acid blood concentration measurement) accomplishment of a training unit of an experimental research project takes place? 2. Does the experimental training programme influence trainees’ level of special physical fitness? MATERIAL AND RESEARCH METHOD Ju-jitsu trainees having similar somatic parameters and training experience (3-5 years) were included in the research. 30 participants between the age of 21 and 28 have been selected by means of a purposeful selection. On the basis of different variants of a circular training and governed by the 179


Tadeusz Ambroży et.al., THE INFLUENCE OF A TRAINING PROGRAMME ON THE SPECIAL PHYSICAL FITNESS …

guidelines of a functional training (Ambroży 2008) for trainees, we have developed a training programme which aims to develop special strength, stamina and speed skills. The concept of the experimental training programme was based on the rule of „small strength circuits” (Ambroży 2007) in which there is an additional assumption that is doing suitably grouped exercises: strength, functional and targeted ones. Each training unit is divided into three small circuits (Table 1): • the circuit of strength training (with the use of barbells, dumb-bells and weights), • the circuit of exercises developing

STRENGTH CIRCUIT

functional fitness (plyometric and coordination exercises), • the circuit of targeted exercises (exercises engaging those parts of muscles which are most often used in sporting competitions). Doing particular exercises was time limited – 30 seconds, except for the circuit of strength training which the aim was to make 15 repetitions which were also time limited, but in this case the limit was 45 seconds. The training starts with shaping exercises (5-10 minutes). Each training unit finishes with stretching exercises (10-15 minutes).

SKILLS CIRCUIT

TARGETED EXERCISES CIRCUIT

with

A workout of lower limbs with the use of coordination ladders.

Straightening arms at chest height with elastic tapes attached to a ladder.

Pull-ups to the chest height with arms splayed narrowly.

A transition to support, jumping up high with knees placed against the chest.

Stepping forward and moving a medicine ball from above head at the same time.

Pressing barbells alternately when lying on an exercise ball.

High knee run in place. Skipping A with barbells in hand.

Doing press-ups on a bosu1 ball and returning to the posture, transferring bosu over the head alternately with straightening arms at chest height.

Swinging one’s limb with kettlebells2 starting from square stance3

Jumping over a hurdle combined with going under the hurdle.

Pulling up torso to a suspended rope with a simultaneous twist of the body.

Twists of the body with a place kept in both hands combined with raising the knee up in an equivalent position.

A knee bend combined with a one-leg jump on a plyobox4

Tsugi-ashi stepping pattern between plates.

Classic squat combined overhead barbell presses

Table 1. The training programme used in the research project

1

Bosu Ball – is a fitnesss training device, consisting of an inflated rubber attached to a rigid platform. A kettlebell – is a training device with a decentralized centre of gravity. Most often it is a cast-iron ball with a handle. 3 Square stance – a starting position which is characterized by a wide low stance. 4 Plyo-box – a training device used for plyometric exercise. 2

180


SECURITY DIMENSIONS

Suitable statistical methods were used (one factor analysis of variance Anova and post hoc Shaffe test) and no significant differences in the group of participants were found. The experiment lasted for 8 weeks with 4 training units a weekThe participants of the project were subjected to specialist examination before and after the project. This enabled to evaluate the scope of influence of the training programme on the participants. All participants were informed about the assumptions of the experiments and took part in it of their own will. The participants could have any medical contraindications against making physical effort. The scope of research obtained a positive opinion (No./77/KBL/OIL/2010) of the Bioethics Committee at the Regional Medical Chamber in Cracow. In order to evaluate the level of intensity of a training unit, physiological tests were conducted in the course of the training unit in the first and sixth week of the experimental cycle. The tests were conducted by means of the test apparatus including: • Lactate Scout lactometer: the measurement of lactic acid concentration, • POLAR expulsor pump, models: F-55 and FT-4: used to measure heart rate frequency. Special physical fitness was evaluated by means of the TSSR rest (presented above). At the first setting, a warm up was performed, which included a 5 minute jog (moderate intensity) and several ipponseoi-nage throws done at a slow pace so as to adapt to the distance and partners. The test consisted of three stages of effort (A = 15 s; B and C = 30s), separated by 10 second intervals. In each series of throws, the participant (tori) gets a grade on the basis on the maximal number of ippon-seoi-nage throws performed on two partners (uke) A and B, standing on the mat at the distance of 6 m.

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The outline of the experiment is presented in Figure 1. 3m Uke A

3m Tori

UkeB

6m Fig. 1. The outline of the TSSR Test

Both uke A and B were the same weight and height as tori (the person evaluated in the test). Immediately after the C cycle and a minute later hart rate frequency was measured with the use of a sport tester. Throws done in the following cycles: A, B and C were added and the following index was calculated: Final HR (beats/min.) immediately after performing throws + HR 1 min after the test The number of throws (A+B+C) STATISTICA PL software was used to compile the results. In order to determine statistical significance of differences between pre- and posttest measurements in the evaluated group of Ju-Jitsu contestants, a ttest for related groups was used. RESULTS Statistical analysis using a student t-test (Table 2) has shown that there are statistically significant differences in average pre- and post-test results of the following variables: average heart rate frequency – the pre-test result (mean=149,77; sd=4,72) was statistically higher (mean difference=1,20) than the post-test result (mean=148,57; sd=4,58), p<0,001, the highest heart rate frequency – the pre-test result (mean=180,13; sd=6,69) is statistically significant higher (mean difference=2,77) than the post-test result (mean=177,37; sd=5,97), p<0,001. As table 3 shows, the original training influenced 181


Tadeusz Ambroży et.al., THE INFLUENCE OF A TRAINING PROGRAMME ON THE SPECIAL PHYSICAL FITNESS …

the following factors as well: lactic acid concentration before – the pre-test result (mean=3,83; sd=1,66) is statistically significantly lower (mean difference=-0,16) than the post-test result (mean=3,99; sd=1,61), p<0,001) and lactic acid

Pretest

Average heart rate frequency The highest heart rate frequency

concentration after – the pre-test result (mean=11,45; sd=2,04) is statistically significantly higher (mean difference=0,28) than the post-test result (mean=11,17; sd=2,00), t(29) =25,131; p<0,001.

Posttest

Student t-test (df=29) Differences between measurements t mean sd

mean

sd

mean

sd

p

149,77

4,72

148,57

4,58

1,20

1,06

6,180

0,000

180,13

6,69

177,37

5,97

2,77

1,55

9,798

0,000

Table 2. The comparison of post- and pre-test measurements of Ju-Jitsu trainees with respect to physiological characteristics (average heart rate frequency, the highest heart rate frequency) – student t-test for dependent samples.

Pretest

Lactic acid concentration before Lactic acid concentration after

Student t-test (df=29)

Posttest

Mean

sd

Mean

śr.

3,83

1,66

3,99

11,45

2,04

11,17

sd

mean

p

0,06

-15,099

0,000

0,06

25,131

0,000

mean

sd

1,61

-0,16

2,00

0,28

Table 3. The comparison of post- and pre-test measurements of Ju-Jitsu trainees with respect to physiological characteristics (lactic acid concentration before and after) – student t-test for dependent samples.

As figure 2 and table 4 show, research results indicate a statistically significant influence of the experimental training on the number of performer throws in TSSR test, the post-test results (mean=24,14; sd=1,96) was statistically significantly higher than the pre-test results (mean=22,31; sd=2,44)(mean difference=-1,83)p<0,001. A change in the scope of index, calculated after the test finished, was also observed. The pretest result (mean=15,14; sd=2,12) is

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statistically significantly higher (mean difference=1,21) than the post-test result (mean=13,93; sd=1,46), t(28) =6,810; p<0,001. Index reduction points to the positive influence of the training on the level of special physical fitness. No statistically significant differences between the pre- and post-test results in HRpo results [t(28) =-1,696; p=0,101] and Hr rest [t(28) =0,239; p=0,813] have been observed.


SECURITY DIMENSIONS 200

30

12

pretest

25 150 20 100

15 10

50 5 0

0 ilość rzutów

HRPO

Indeks

Hrspoczynek

Fig. 2. Graphic presentation of average results of the examined group of Ju-Jitsu trainees – the specialized test (the number of throws, heart rate frequency after effort – Hr after, heart rate frequency in the resting phase – Hr rest, Index).

Pretest

The number throws Hr after Hr rest Index

of

Posttest

Student t-test (df=28) Differences between measurements mean sd

mean

sd

mean

sd

22,31

2,44

24,14

1,96

-1,83

179,79 153,10 15,14

5,76 6,87 2,12

180,48 153,00 13,93

5,02 6,51 1,46

-0,69 0,10 1,21

t

p

1,26

-7,839

0,000

2,19 2,34 0,96

-1,696 0,239 6,810

0,101 0,813 0,000

Table 4. The comparison of pre- and post-test measurements of Ju-Jitsu trainees with respect the result of the specialized test (the number of throws, Hr after, Hr rest; Index). Student t-test for dependent samples.

RESULTS SUMMARY AND DISCUSSION In the course of the project, by means of Polar sport-testers and Lactate Scout lactometer, an attempt was made to evaluate the influence of the experimental training unit on the organism of jui-jitsu trainnes. Heart rate frequency and lactic acid blood concentration were measured. Average heart rate frequency oscillated at the level of 75-85% HRmax, which would make effort in experimental training in the group of mixed strain between anaerobic threshold (AT) and the uncompensated metabolic acidosis threshold (TDMA) (Cempla and Mleczko 1989). Such range is considered to be the most optimal in body adaptation to intensive effort (Pate and Branch 1992). The highest value of heart rate frequency among

trainees in the experimental training groups in the course of exercises feel within the range of 85-95% HRmax, which suggests that effort made in the course of the experimental training counts as submaximal. Wołkow (1972) notices that such kind of effort is also related to the highest values of oxygen consumption. Given substrate oxidation processes that take place in such values, heart rate frequencies and the duration time of a training unit, the scope of intensity of the experimental training counts as mixed effort. On the basis of the conducted research, Tabata et al. (1996) prove that training conducted at the moderate intensity level results only in improvement in aerobic performance. High intensity trainings, on the 183


Tadeusz Ambroży et.al., THE INFLUENCE OF A TRAINING PROGRAMME ON THE SPECIAL PHYSICAL FITNESS …

other hand, influence the improvement in aerobic and anaerobic systems providing energy. Kruszewski et all. (2008), who investigated muscle strength development methods, compared the effects of the training conducted with the use of the modified method of isometric tension with lifting heavy weights training. After the completed 4 week experiment the author concludes that the absolute and relative strength development in the group using the lifting heavy weights training can be determined by a high intensity of training units. In the third minute after the exercises in the experimental small circles, lactic acid blood concentration was measured with the use of specialist apparatus – Lactate Scout. The results obtained in each group were above 8 mmol·l- l-1, and sometimes exceeded 10 mmol·l- l-1. Hübner-Woźniak and Lutosławska (2000) classify training which ends in such a way as heavy, anaerobic effort. Roniker (1987) treats the obtained values of lactic acid concentration as the results of intensive interval work. The observed level of lactic acid may be a factor which facilitates an increase in anaerobic threshold level, especially if its concentration exceeds the results obtained so far. Kozłowski and Nazar (1983) highlight that the anaerobic threshold may be moved even in well-trained trainees. The continued training leads to the increase of VO2 max, which results from the increase in effort tolerance in the direction of uncompensated metabolic acidosis threshold (TDMA). The abovementioned results may be substantiated in the course of work-out and rest duration in the experimental circuit training. Active work-out in one of the small circuits was 150 seconds, which was followed by a 60 second break. The time interval: 150180 seconds of interval, which is treated as shaping the capacity of lactic acid anaerobic metabolism and aerobic strength. In addition, the used break can be beneficial for training 184

requiring the support of high work-out intensity (Gabryś 2000). Effort made in the course of the experimental training seems to be adequate for the representatives of sports disciplines in which changeable effort is often subjected to sudden fluctuation. In the course of fight heart rate frequency reaches up to 200 beats per minute. The performed work interrupted in 3 to 1 ration (activity to rest ration) may result in the increase of lactic acid concentration even to 16 mmol/l (Keul 1969, Nikiforow i Wiktorow 1974). When analyzing the physiological reaction of body to a boxing fight stimulated on a punch bag, he stated that immediately after four two-minute rounds lactic acid concentration on average amounted to 13,6 mmol·l-1 and heart rate frequency reached the highest value of approximately 192 beats/minute. The results of the conducted analysis enabled the author to state that amateur boxers should be able to tolerate high lactic acid concentration amounting to even 14-15 mmol·l-1. Even in case of mixed fights, including Ju-Jitsu, where the fight might take place on the feet (with the use of inter alia boxing techniques) or take the form of ground fighting – ran dori, the intensity may vary. Sterkowicz determines the intensity of Ju-Jitsu training units in the range from 150-180 heart beats per minute, where the threshold of 180 heart beats may be exceeded several times in the course of doing exercises (Sterkowicz 1998). The analysis of training fights conducted by Ambroży (2008) has shown that confrontation on the feet is related to average heart rate frequency of 166 beats/minute, and lactic acid concentration after such type of fights amounts to 9,6 mmol·l-1. A three minute ground fighting has resulted in an increase in heart rate frequency to 183 beats/minute. Lactic acid concentration, on the other hand, has reached approximately 11,2 mmol·l-1. In order to check the influence of the experimental training on the participants’


SECURITY DIMENSIONS

special physical fitness a specialized TSSR test has been used. It has to be mentioned that the aim of the targeted circuit of the training programme was to strengthen and activate muscle groups directly engaged in movement tasks of the specialization. After participating in the TSSR test, Ju-Jitsu trainees performed a greater number of ippon-seoi-nage throws than before the circuit training. The improvement in results obtained in the test after the stage of experimental training can be a proof of a more effective muscle work of a trainee, engaged in the performance of the throw technique, as well as more dexterous movement on the mat (moving between two uke). Blais et al. (2007) highlight that strength training, targeted by a suitable selection of exercises, should reflect a trainee’s movement on the mat. Moreover, used training stimulus have to correspond to time characteristics of the fight and required muscle endurance. Fulfilling these requirements should lead to a noticeable improvement in the physical targeted fitness of trainees. This thesis is supported by methodological assumptions of development of a circle of targeted exercises in the experimental training. The idea of selected exercises in this set was to engage muscle groups that are used in sports competition. When analyzing the TSSR test results, we need to make a reference to research by Blaise et al. as well. The authors made an evaluation of main moments of strength in the course of doing morote seoi-nage throw in particular joints. The results have shown that lower rather than upper limbs generate strength. The following distribution of powers influencing particular joints has been observed: knee joint 24%, hip joint 29%, torso 29% (Blais et al. 2007). In the divison of judo techniques morote seoi nage and ippon seoi nage are included in the group of grips – Te Waza (Witkowski et al. 2009). Despite such classification, there is a high probability of a

12

similar engagement of lower limb in the trainee who performs a throw. In the proposed experimental training each of small circuits – strength, targeted and fitness circuit – is devoid of isolated exercises and engages the whole body in a multifaceted work-out, especially torso and lower limbs. The improvement which was observed after the experiment as a result of a greater number of throws can be directly linked to such a selection of exercises. At the same time JuJitsu trainees observed an increase in strength, which may be the reason for performing a greater number of throws. As literature shows, trainees having a greater level of muscle strength are more effective when performing a task because of a greater movement economy. This leads to an increase in endurance capacity of a trainee in the course of a specific effort (Wisløff and Helgerud 1998, Millet et al. 2002). Observations of heart rate frequency in the course of the specialized test as well as at rest before and after the experimental training programme displayed similar characteristics. According to the author of the test, professor Sterkowicz (1995), one of signs of the improvement in specialist endurance in the test is among other things an increase in the number of throws in particular periods, but also a decrease in heart rate values with a subsequent improvement in the number of throws. Such an opinion is supported by other researchers (Franchini et al. 1999). In the group that participated in the experimental training, despite the fact that a decrease in post-workout heart rate frequency has not been observed, performing a greater number of throws at the same heart rate may be indicative of facilitation of function of the circulatory system at the time of specialized effort. Kemi et al. (2011) have proven than a dynamic strength training can improve the economy of movement, which results in the intensity up to 30% and raise in the aerobic limit to 21%. 185


Tadeusz Ambroży et.al., THE INFLUENCE OF A TRAINING PROGRAMME ON THE SPECIAL PHYSICAL FITNESS …

CONCLUSION 1. The proposed training programme proceeds at a high level of intensity, which resembles start activity (which is indicated by the heart rate frequency measurement and lactic acid blood concentration) and may be used in jujistu training. 2. The experimental training programme has exerted positive influence on the special physical fitness of participants’ with respect to the number of movements made, which can affect their effectiveness in fight. 3. The proposed training programme may be implemented as strength training in ju-jitsu training in the preparatory period. The positive effects presented in TSSR test after the period of small circles may be indicative of the effectiveness of the used training form and methodological assumptions of its implementation. REFERENCES 1. Ambroży T. 2007: W poszukiwaniu związków treningu obwodowego z prozdrowotną aktywnością fizyczną. Annales Medicina Wydawnictwo UMCS, Lublin. 2. Ambroży T. 2008: Struktura Treningu Jujitsu, Wydawnictwo COS Warszawa. 3. Blais L., Trilles F., Lacouture P. 2007: Threedimensional joint dynamics and energy expenditure during the execution of a judo throwing technique (Morote Seoï Nage). Journal of Sports Sciences 25(11):1211-1220. 4. Blais L., Trilles F., Lacouture P. 2007: Validation of a specific machine to the strength training of judokas. The Journal of Strength & Conditioning Research 21(2): 409-412. 5. Cempla J., Mleczko E. 1989: Badania zależności między objętością, strukturą i dynamika obciążeń treningowych biegaczy, a rozwojem sportowym i reakcjami fizjologicznymi na wysiłek fizyczny o różnej mocy. Wydawnictwo AWF Kraków. 6. Franchini E., Nakamura F.Y., Takito M.Y., Kiss M.A.P.D.M., Sterkowicz S. 1999: Análise de um teste especifico para o judô. Revista Kinesis 21. 7. Gabryś T. 2000: Wydolność beztlenowa sportowca, trening –kontrola-wspomaganie. Wydawnictwo AWF Katowice. 8. Gosh A.K. 2010: Heart rate, Oxygen Consumption and Blood Lactate Responses during Specific Training in

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Amateur Boxing. International Journal of Applied Sports Sciences 22(1): 1-12. 9. Hübner- Woźniak E., Lutosławska G. 2000: Podstawy biochemii wysiłku fizycznego. Wydawnictwo COS. 10. Kemi O.J., Rognmo O., Amundsen B.H., Stordahl S., Richardson R.S., Helgerud J., Hoff J. 2011: Onearm maximal strength training improves work economy and endurance capacity but not skeletal muscle blood flow. Journal of Sports Sciences (29)2: 161-170. 11. Keul J. 1969: Częstość tętna i poziom kwasu mlekowego kryteriami oceny oddziaływania treningu. Sport Wyczynowy 9(67):41-44. 12. Kozłowski S., Nazar K. 1983: Beztlenowe i tlenowe procesy metaboliczne w pracujących mięśniach-koncepcja progu beztlenowego. Sport Wyczynowy 8-9(224-223): 3-12. 13. Kruszewski M., Kruszewski A., Kruszewski B. 2008: Changes in relative and absolute force measured during powerlifting after a 4 –week training using the weightlifting method and stick isometric method. Medicina Sportiva 12(2): 41-45. 14. Millet G.P., Jaouen B., Borrani F. and Candau R. 2002: Effects of concurrent endurance and strength training on running economy and VO2 kinetics. Medicine & Science in Sports & Exercises 23(8): 1265-1269. 15. Nikiforow J.B., Wiktorow I.B. 1974: Metody treningowe w boksie. Sport Wyczynowy 9(117): 23-26. 16. Pate R.R., Branch J.D. 1992: Training for endurance sport. Medicine & Science in Sports & Exercise 24(9): 340-343. 17. Roniker A. 1987: Kwas mlekowy a wysiłek fizyczny.Wydawnictwo Instytut Sportu Warszawa. 18. Sterkowicz S. 1995: Test Specjalnej Sprawności Ruchowej w Judo. Antropomotoryka 12-13:29-44. 19. Sterkowicz S. 1998: Ju-Jitsu , wybrane aspekty sztuki walki obronnej. Wydawnictwo AWF Kraków. 20. Sterkowicz S., Ambroży T. 1992. The Fitness Profile of the Men who Train’s Jiu-jitsu. Antropomotoryka, 7. 21. Sterkowicz S., Ambroży T. (red.) 2003. Ju-jitsu sportowe: proces szkolenia (podręcznik trenera). Europan Association for Security, Kraków. 22. Tabata I., Nishimura K., Kouzaki M., Hiray I., Ogita F., Miyachi M., Yamamoto K. 1996: Effects of moderate-intensity endurance and high-intensity intermittent training on anaerobic capacity and VO2 max. Medicine & Science in Sports & Exercise 28(10): 1327-1330. 23. Wisløff U., Helgerud, J. 1998: Evaluation of a new upper body ergometer for cross-country skiers. Medicine & Science in Sports & Exercise 30(8):13141320. 24. Witkowski K., Maśliński J., Kubacki R. 2009: Kompendium judo. Wydawnictwo AWF Wrocław. 25. Wolkow N.I. 1972: Fizjologiczna charakterystyka pracy powtórzeniowej przy różnych wartościach tętna. Sport Wyczynowy 4(92): 12- 15. l


INTERNATIONAL SECURITY


SECURITY DIMENSIONS

INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (189-200)

HUMANITY IN MODERN WARFARE, EMPATHY AND JUS IN BELLO Kaja Kowalczewska, M.A. Jagiellonian University in Cracow, POLAND

ABSTRACT Based on the work of S. Baron-Cohen, the text considers the relationship of empathy disorders with the perception of humanity in the context of the conduct of hostilities. Making use of philosophical and legal assumptions, it examines the understanding of the principles of humanity and dictates of public conscience, namely the Martens Clause, providing for the moral compass of international humanitarian law. Controversially it argues that the widely proclaimed postulate of warfare humanisation is a kind of paradox. On the one hand, we assume that man is inherently good and, therefore, the conduct of war should be more humane; on the other hand, we perform it by withdrawing man from the battlefield and by replacing him with autonomous systems . Will the replacement of human weaknesses kind by artificial intelligence lead to a revolutionary solution and reduction of suffering or will it only speed up movement of humanity on the slippery slope? In this text, the author will try to draw the reader's attention to the often overlooked ethical dilemmas and issues of fundamental nature which are often lacking in the security studies. ARTICLE INFO Article history Received: 05.11.2014 Accepted 15.12.2014 Keywords principle of humanity, empathy, robotisation of warfare, autonomous weapons, Martens Clause, international humanitarian law, armed conflicts

INTRODUCTION The law of war and the law of the sea are some of the oldest branches of international law, and there is nothing surprising in this since, as it is clear from the history of mankind, war and trade accompanied Homo sapiens for a long time often fueling each other. Generations and the crystallisation of customary international law norms relied on consensus concerning shared values and interests that the international community, whatever its definition may be1, recognised as decisive enough to commit to comply with. As a result, over the centuries, we moved from the total arbitrariness of war, which was the basic prerogative of the absolute sovereign, to the limited right to use force acccording to the Charter of the United R. KwiecieĹ&#x201E;, Teoria i filozofia prawa miÄ&#x2122;dzynarodowego. Problemy wybrane, Diffin 2011, pp.30-35. 1

Nations and collective security system.2 Whereas the law of sea, while remaining largely conditioned by the economic interests of the countries, will not be subject to further discussion aimed at the mapping of the issues of morality of war in the context of the norms of international humanitarian law (IHL). At the very beginning it is worth noting that the evolution of the perception of the doctrine and the law of war is expressed, inter alia, in their nomenclature. And so the first work of Hugo Grotius, the father of international law, dealt with the law of war and peace,3 the name which only at the end the twentieth century was replaced by the law 2 Art.2 par .4 and Chapter VII, United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI. 3 H. Groot, De jure belli ac pacis, 1625 [in:] L. Friedman, The Law of War. A Documentary History, Volume 1, Random House, New York, 1972.

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of armed conflicts to finally take the form of international humanitarian law.4 Application of linguistic analysis is suggestive of the shift that we have experienced: we have to deal with the transfer of emphasis from the rationae materiae aspect emphasising the state of war by distinguishing it from the state of peace, to the rationae personae focus, namely humanitarian nature. This clearly legible paradox results from the compilation of such a concept as humanity with the state of war and is closely linked to the claim of war being “humanised”. This will provide the backbone of the following essay and will be discussed in the context of the principles of humanity under IHL and empathy as a psychological mechanism, based on the research of S. Baron-Cohen.5 It should also be anticipated that this essay does not intend to address the traditional understanding of IHL and will be limited to the domain of jus in bello, namely the conduct of warfare whose legality and legitimacy is assessed separately from the merits of its commencement which is regulated under jus ad bellum. What is more, the reader interested in exploring the detailed rules of the conduct of hostilities and the verification of its legality may feel disappointed because the author focuses on the subjective side, i.e. the question of the morality of soldiers and exciting new developments of military techniques aimed at the withdrawal of men from the battlefield. The author attempts to combine scientific considerations concerning the sources of cruelty and empathy with the legal standards governing warfare, expressed in the basic norm of humanitarian law – the principle of humanity. FEELINGS PROVOKED BY THE WAR War has been and still is sadly one of the main ways of solving international disputes, and inThe term "international humanitarian law" is a concept developed by the International Committee of the Red Cross and can be used interchangeably with "humanitarian law", ICRC, Commentary on the Additional Protocols of 8 June 1977, Geneva, 1987, p. XXVII. In contrast, the concept of "international law of armed conflict" or "law of war" appear in military jargon and should be used as synonyms. It is significant that the legal doctrine and the international community prefer the term „humane” and soldiers directly involved in the conduct of hostilities prefer a more forceful term. 5 S. Baron – Cohen, The Science of Evil. On Empathy and the Origins of Cruelty, 2011. 4

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creasingly of internal conflicts between the government and insurgents, or between armed groups of regional warlords. The bloodshed experience of the early twentieth century contributed to the acceleration of international works related to the reduction of suffering caused by war. On the one hand the will to protect civilians and "humanise war" were declared,6 but on the other hand it was decided to limit resort to this method as a means of dispute resolution and to promote other peaceful solutions.7 This is the most common argument put forward when it comes to the incentives to limit hostilities. Cynically, one may ask if indeed the suffering of millions of people along with the destructions caused by war which affect the economy and infrastructure of numerous countries are the main driving forces behind such peace talks and whether they form the building block of the international system of collective security. Are the subjects of international law, mainly States with a slowly increasing role of global intergovernmental organisations, still driven by values such as compassion and the common good, intrinsically relating to human dignity and the fundamental duty of the State to protect it? It is at least debatable to analyse conscience and consciousness of a State but if we were to accept that ultimately there is an individual human being performing the functions of State bodies reflection on his or her motivation and the sphere of subjective evaluation becomes possible. Another issue is the existence of the "conscience of nations" as referred to by States while adopting the Martens Clause.8 S. Baron-Cohen believes that the most valuable source of norms of human behavior is Saint Petersburg Declaration of 1868, Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight ; Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925, the Hague Conventions of 1907 and the Geneva Conventions of 1949. 7 Woodrow Wilson Fourteen Points proposal for ending the war in a speech on January 8, 1918, the Treaty of Versailles of June 28, 1919 ; the Kellogg–Briand Pact (or Pact of Paris, officially General Treaty for Renunciation of War as an Instrument of National Policy) of 1928 and the Charter of United Nations. 8 Placed in the preamble to the Hague Convention (IV) respecting the Laws and Customs of War on Land of 1907. 6


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not law, religion or society, but empathy. Presenting an approach that combines the knowledge that comes from biology and psychology, he relies on empathy as a free way to resolve disputes. In contrast to the religious, legal and armaments systems, empathy is a sustainable source of reconciliation between individuals and cannot coerce anyone. At the same time he observes that the era of globalisation and acceleration has contributed to the erosion of empathy on the level of small groups (family) and large (society), as disclosed in our consumerist approach to others and their treatment in an objective way. S. BaronCohen refers as well to examples from history, focusing primarily on specific social groups suffering under the rule of Nazi Germany. He explains that the lack of empathy partly contributed to the commission of the most serious human rights violations which later gained the title of war crimes and crimes against humanity. Moreover, according to the author, a new field of international law, international criminal law, should take a full empathy approach into account. This postulate is not new since also domestic systems provide for basic guarantees of the defendant such as the presumption of innocence or the extraordinary mitigation of punishment due to repentance or other extenuating circumstances as well as to the guarantee for a sentenced person not to be treated in an inhuman and degrading manner. The existence of the aforementioned absolute norms in domestic and international legal systems identifies certain rules to be followed regardless of the horror and disgust the committed acts and the villain might induce. This approach points to overcoming the desire for revenge and making redress without resorting to methods and measures that we reject and condemn. Behind this lies the moral norm that tells us that treating the villain in the way he treated the victim, thus duplicating deprecated behavior, turns ourselves into abusers. Consequently, procedural guarantees and rules arising from substantive law, which sometimes may seem unfair, especially for the victim and his loved ones also concentrate on the positive sides of the accused or convicted person. This is a clear manifestation of empathy legislator deriving its legitimacy from the public. A good reflection of this

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desire is a popular movement for the abolition of the death penalty which is still in place in many countries.9 Criminal law is a special case because it takes the person's intention, and not just an external expression of the will in the form of accomplished act, into account.10 Finally, S. Baron-Cohen exposes the need to include empathy in post-conflict processes, carried out among conflicted communities, for whom often clarification of the circumstances and factual findings together with moral satisfaction or personal reconciliation are more valuable than the judgment of an international tribunal or compensation in cash. This thriving branch of international law – jus post bellum11 – provides the best example of the appreciation of this postulate. While analysing the history of armed conflicts in the twentieth century it seems that emotions and issues that belong to the psychological and personal sphere play a comparable role to the motivation coming from the hard premises of Realpolitik associated with the material side of the conflict. The need to take moral reasons into account exists at every stage of the war: its commencement, conduct, and the whole process that takes place at the end of the conflict. The eternal dispute about the duality of duties, provoking the dicussion on the relation of law to morality materialises in IHL in the principle of humanity and military necessity. Their crucial role is to guaran-

The death penalty is is still foreseen in the legislation of, inter alia, Afghanistan, Saudi Arabia, China, Egypt, India, Iraq, Iran, Japan, Lebanon, North Korea and some states in the US. In contrast, its has not been used in the last 10 years or a moratorium on it was established in, inter alia, South Korea, Cuba and Russia. More: Amnesty International, Death sentences and executions in 2013 Report, March 2014. 10 Tadic, Judgement, ICTY Appeals Chamber {Case No.IT94-1-A}, 15 July 1999, § 84–104, 123, 137, 145–147, 162. 11 T. Lachowski, Transitional justice as substantive component of rhe responsibility to rebuild within the RtoP framework, [in:] Responsibility to Protects in Theory and Practice [eds. V Sancin, M. Kovic Dine],GV Zalozba 2013, pp.629 – 652 ; M. Saul, Local Ownership of Post-Conflict Reconstruction in International Law: The Initiation of International Involvement, „Journal of Conflict & Security Law”, Oxford University Press 2011, pp. 169-177 ; I. Osterdahl, E. van Zadel, What Will Jus Post Bellum Mean? Of New Wine and Old Bottles, „Journal of Conflict & Security Law”, Oxford University Press 2009. 9

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tee a proper balance between the competing interests of civilians and military. EMPATHY: DOES IT MEAN SUFFERING FOR TWO? Before examining the norms expressing moral obligations in IHL, S. Baron-Cohen’s empathy argument shall be briefly presented and mapped in the context of its disorders classification as well as its causes. Empathy is a peculiar antithesis of selfadmiration. We can talk about it when we suspend our one-sided perception of reality and thus of feelings and needs of the people around us. Instead, we focus on the others and the message being communicated with their behavior – verbally as well as non-verbally. Empathy determines our ability to identify the way of thinking and feeling towards others and to use appropriate methods of response. Empathy is a trait that scientists explore using quantitative analysis based on two elements: "recognition" and "response" expressed by the „seven-step mechanism” and "empathy quotient".12 In addition to the above methods to identify the level of empathy of the person, the researchers are able to distinguish areas of the brain responsible for this state. S. Baron-Cohen describes two types of empathy erosion depending on their reversibility. Cases in which our empathy is to "recover" occur due to "corrosive emotions". Everyone happens to have moments of weakness when the level of compassion for the people accompanying us suddenly drops. This is typically caused by emotions such as jealousy, frustration, revenge, blind jealousy, hatred or the desire to self-defense. In such cases we become more selfish and closed to the feelings of others. It is worth noting that most of these features are in some way inseparable from the battlefield where stressful situations can easily and quickly take possession over thinking and acting in an inadequately trained or emtionally unstable soldier. This type of empathy erosion is temporary. However, the mere fact that these conditions are typically ephemeral does not mean that they could not have a big impact. It is easy to

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More: S. Baron-Cohen, op.cit., Chapter II .

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imagine a soldier in berserk committing the most heinous crimes. The second case, a much more serious one, is the long-term mental condition that is irreversible and provokes serious disorder of one’s empathy levels. People affected by this condition are involuntary prisoners of their "self-focus" and are not able to release themselves from their perception of the world. In addition, while permanent changes that have taken place in the brain prevent self-renewal of the empathy level, the disorder of "empathy circuit" does not allow one to return to a normal condition. S. Baron - Cohen indicates a complex source of disorders which includes, inter alia, changes in the brain (especially in the amygdala), stress in the early stages of life and genetic or environmental factors. At the same time he stresses that in spite of the reflection that comes from the title of the book we shall not speak about evil people but about people with zero or low levels of empathy. Consequently, he presents a typology of zero levels, concluding, with a degree of optimism that, firstly, empathy alone, devoid of logic, is not sufficient for the proper functioning of society. Secondly, a person with zero empathy (especially the so-called "zero-positive") has an opportunity to pursue a different way of moral development through individually developed solutions. It is worth noting that the author argues that zero-level empathy cannot be automatically linked to immoral behavior since the complexity of the human psyche reveals many "shades of gray" of a lack of emapthy. Even though it must be assumed that empathy does not necessary follow a specific code of ethics, it is nevertheless difficult to deny the claim of its usefulness in social relations. Zero-level empathy should be divided into states in which there are positive characteristics that support the functioning of society, which is a zero-positive, and zero-negative states which do not have such features and therefore are a source of serious adaptation problems. Zero-negative are subdivided into 3 types: Type B (Borderline), Type P (Psychopath) and Type N (Narcissus), while the zero-positives encompass people with autism, including a special type of people with Asperger's syndrome.


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THE ZERO-NEGATIVES Type B is characterised by falling into two extreme conditions which may vary in small time intervals: absolute happiness or total breakdown. It determines automatic idealisation or automatic devaluation of external factors. In relation to interpersonal relations this means feeling emtionally insecure. Consequently, Type B feels an intense need for affection, while feeling a deep fear of abandonment. Being emotionally unbalanced, Type B becomes an unpredictable person whose rational decisions are strongly influenced by his or her current emotional state. The perception of reality in two colours is not conducive to the understanding of the complexity of the processes and phenomena and therefore reduces the chances of compliance with social norms and moral values. Type P is distinguished by a lack of confidence in the safety of interpersonal relations and the lack of the ability to distinguish neutral speech from an emotionally charged one. In consequence, in ambiguous situations Type P chooses the interpretation oriented at the hostility to the communicated content. The milder form of Type P disorder is called Machiavellianism and is characteristic for those who exploit others for their own self-promotion. Thus, in order to achieve their objectives these persons will not hesitate to use all available means, including notorious lies. Type P is considered a typical example of the amoral personality whose relation of parent-child went wrong and swayed the normal development of a sense of justice (according to the Lawrence Kohlberg test of morality). The third type is a zero-negative narcissistic personality, in which the key issue is the "entitlement". Type N leads monologues instead of dialogues using people to achieve his/her own goal to then get rid of them. Type N acts in selfish and self-centered ways, does not pay attention to whether this could hurt someone, yet at the same time, unlike the Type P, is not necessarily cruel. As the name suggestsNarcissus is very focused on his own talents and self-admiration. THE ZERO-POSITIVES Individuals with zero empathy can also be seen positively. S. Baron-Cohen defines them as individuals who transpose complicated complexity of

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the world and perceive it through the prism of formulas and algorithms, known only to themselves. The problem with this kind of disorder is the difficulty of communication with the outside world as they may not be able to produce information that then could be properly processed by the zero-positive type. The Autistic Type, highly systematising, may be particularly interesting from the point of view of the new warfare revolution, namely the progressive robotisation of conduct of hostilities. It is also directly connected to the legal science concerning the study of codifying legal texts – hence the subsequent framing of „open” textuality of legal norms in specific algorithms and syllogisms.13 Autistic people unconsciously treat others as objects albeit without causing any harm. What is more, people affected by Asperger's syndrome may have a career chance in the fields where analytical skills and accuracy count the most since they perceive the world through patterns, compliance with which confirm the validity of their conclusions. Unfortunately, this condition prevents them from understanding situations in which logic does not play a major role, especially social situations requiring tact and intuition and therefore logic reasoning plays secondary role. The problem is that the truth is neither always the result of a certain equation nor is it reproducible nor verifiable. There are serious reasons for which science continues to be challenged by the problem of „finding the truth” despite centuries of development and numerous breakthroughs. Finally, setting up a rigid system excludes the possibility of taking unexpected modifications into account, and is fueled by the strong need for precision. The assumptions of such reasoning do not correspond to the reality of social processes in which the role and importance of feelings cannot be defined in absolute terms, which in consequence could be substituted in appropriate fields in pattern in order to obtain a correct, accurate and reliable answers. Lack of predictability in social situations and the role of external variables requires a certain degree of flexibility and creativity from individuals. Meanwhile, the zero-positive people deal in a much W. Cyrul, J. Duda, J. Opiła , T. Pełech-Pilichowski, Informatyzacja tekstu prawa perspektywy zastosowania języków znacznikowych, Wolters Kluwer SA, 2014. 13

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worse manner with tasks requiring improvisation. Empathy requires quick perception of social group complexity: its multiple objectives, interests, presented points of view, changes in mood and social interactions make it sheer impossible for people with zero or low empathy to work well in interpersonal dialogue. At the same time, it should be noted that S. Baron-Cohen holds that these individuals use developed systems to build the algorithm conditioning ethical behavior and treatment of people in accordance with the accepted morality. As a result, people with Asperger syndrome could be considered good lawyers, if they focus on the documentation analysis and argumentation structure while leaving the contact with clients and negotiations to other associates. It seems that one of the conclusions that can be drawn from the description above is that in the case of recruiting a person to be entrusted with responsible tasks, especially those concerning the protection of common values and interests of others, the level of empathy should be examined in order to possibly diagnose the type of disorder. It is hard to imagine a soldier who is devoid of empathy to be able to meet the principle of humanity in his conduct. On the other hand, a model training of new recruit presupposes exercises designed to strengthen the psyche of a soldier who cannot afford a moment of weakness in a crisis situation. This does not mean, however, that it should eradicate any glimpses of compassion since soldiers must be guided by principles of caution and distinction. Therefore, it implies saving civilians14 and in any case restraining from using torture or other degrading treatment of prisoners of war.15 Nevertheless, a person diagnosed as zero-positive may be good a analyst who can deal with the so-called Big Data16 thanks to the ability to systemise supplement staff or military operational and intelligence analysts. As far as zero-positive skills allow communication, it can be concluded that thanks to the fact that they are Art. 35 I Additional Protocol, op.cit. Art. 17 the Geneva Convention (III) relative to the Treatment of Prisoners of War, Geneva, 12 August 1949. 16 K. Trapp, Great Resources Mean Great Responsibility: A Framework of Analysis for Assessing Compliance with API Obligations in the Information Age , [in:] International Humanitarian Law and the Changing Technology of War (eds. D. Saxon), Brill | Nijhoff 2013. 14 15

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operating a pattern, they may become a valuable source of knowledge on how to develop appropriate algorithms which could then be used in development of automated systems, especially in ever more autonomous systems. The latter, supported by still developing artificial intelligence incite many debates today on the gradual dehumanisation of war and the general withdrawal of men, not so much from the battlefield ("stand-off" war) as from the mere decision-making process.17 HOW MUCH HUMANITY IN WAR? Empathy being one of the main inhibitions of aggressive reactions may be one of the most important arguments in the debate on the humanisation of wars, which allegedly are to become less aggressive and non-inflicting suffering. It seems that as a consequence of being an ability of reading othersâ&#x20AC;&#x2122; feelings, including those unpleasant and painful, empathy should be a natural barrier of the brutalisation of war. In the previous sections the author explained why in some cases this does not happen. S. Baron-Cohen cites two main causes for this: the irreversible changes in the brain and transitional strong emotional states which are temporarily blinding us to the compassion of others. It is the second cause that will be further discussed in the context of IHL â&#x20AC;&#x201C; the principle of humanity. MARTENS CLAUSE AND THE REQUIREMENTS OF THE PUBLIC CONSCIENCE Paying attention to the the horrors of war combined with particular work of the International Committee of the Red Cross significantly contributed to the establishment of inter-State dialogue on the protection of victims of war, happening at the first international conferences. The culmination of the first phase (1899-1907) of shaping contemporary humanitarian law was marked with the signing of the 13 Hague Conventions in 1907. As a result, the so-called Hague Law was created defining the rights and duties of belligerents in the conduct of hostilities and limiting the scope of authorised means of injuring the enemy. The secJ.S. Thurner, Examining Autonomous Weapon Systems from a Law of Armed Conflict Perspective, [in:] New Technologies And The Law Of Armed Conflict (Hitoshi Nasu & Robert McLaughlin eds.), 2013. 17


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ond stage, closely linked to the experiences of World War II, resulted in the elaboration of the socalled Geneva Law in order to ensure the protection of the military personnel not participating in the hostilities or hors de combat and persons taking no active part in hostilities, especially civilians.18 These provisions were written in the fourth Geneva Conventions of 1949 which together with the Hague Law have gained the status of customary international law and constitute the canon of classical IHL. Interestingly, the Martens Clause, which will be the axis of the analysis below, did not first appea in the original version of the proper text of the international agreement19 but in the preamble to the 1899 Hague Convention (II) on the Laws and Customs of War on Land. It was then repeated in the preamble to the Hague Convention (IV) 1907. The formula proposed by the Russian delegate Fyodor Martens, provides that "Until a more complete code of the laws of war is issued, the High Contracting Parties think it right to declare that in cases not included in the Regulations adopted by them, populations and belligerents remain under the protection and empire of the principles of international law, as they result from the usages established between civilized nations, from the laws of humanity and the requirements of the public conscience. "[Bold. Aut.]. The flexibility of the clause wording as well as the complementarity of application of the principles of humanity and the dictates of the public conscience was and still is a source of much controversy on the legal nature of this clause. M. Marcinko, Historia, źródła i podstawowe zasady międzynarodowego prawa humanitarnego, IHL course, Faculty of Law and Administration, the Jagiellonian University, 2011. 19 What took place only in 1977 when its modified version was included in article 1 par. 2 of I Protocol Additional and provides as follows: „In cases not covered by this Protocol or by other international agreements, civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, from the principles of humanity and from the dictates of public conscience”. 18

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Literature is abundant in discussions of Martens Clause’s place in the legal order20 but taking into account the context of this study the following study is limited to the presentation of possible interpretions of „the laws of humanity and the dictates of the public conscience”. At first glance, it would seem counterintuitive that that clause separates humanity with the requirements of the public conscience, which in colloquial meaning comes down to the concept of humanity and consciousness. If we assume a positive vision of human nature, this clause will most definitely fulfill its functions, ie. provide a "last resort" for persons deprived of protection under contractual or customary law. Hence, given the nature of the formula and the idea of its creator, a pessimistic view of human nature does not seem to fit. But the analysis of IHL as a system secondary to human nature does not allow to set a conclusive thesis as to the vision of human nature. On the one hand, it is a law designed to impose rules of conduct condemning the heinous and cruel acts, and providing appropriate consequences for those who commit such violations. As a result, the following presumption arises: Wartime experiences and history prove that war and "bestial"21 acts are an integral part of human nature. On the other hand, the reference to humanity, even and perhaps above all, in situations of immediate danger to health and life, indicates the fact that the international community wants to believe that man is inherently good and humane [sic !]. Invoking the principle of humanity before international bodies – the guardians of peace and justice – resulted in a rich collection of documents making an attempt to approach this concept using 20 T. Meron, The Martens Clause, Principles of Humanity, and Dictates of Public Conscience, „The American Journal of International Law”, Vol. 94, No. 1 (Jan., 2000), pp. 78-89 ; M.N. Schmitt, Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance, „Virginia Journal of International Law”, Volume 50, Issue 4, pp. 795 – 839 ; T. Widłak, Klauzula Martensa na tle pojęcia „ludzkość ” w prawie międzynarodowym, [in:] „Międzynarodowe Prawo Humanitarne. Zasady podejmowania działań przy użyciu siły”, Volume III, 2012, pp. 173-186. 21 More about that war is more "human" than the "bestial" or "animal" D. Livingstone Smith, The most dangerous animal: Human nature and the origins of war, Macmillan, 2009.

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legal language. Walter Kälin, the UN Special Rapporteur on the situation of human rights in Kuwait, concluded in his final report that the Martens Clause encompasses three main arguments.22 Firstly, the right of the parties to choose the means and methods of combat is not unlimited. Secondly, parties need to distinguish between those who take part in hostilities and those belonging to the civilian population; the latter should be spared if possible. Thirdly, there shall be no attacks against the civilian population as such. Moreover, the Martens Clause presented as the foundation of the minimum "requirements of humanity" is applicable in non-international armed conflicts.23 Therefore, the humanitarianism is meant to primarily distinguish between people involved in the fight and presenting a risk from potentially vulnerable people (civilians) to put limits in the conduct of warfare that cannot cause excessive suffering24 and which should be carried out with with precaution.25 Moreover, IHL does not presuppose the principle of reciprocity which means that the party to a conflict is obliged to observe the law regardless of the other party insistently breaking it. It may be understood as a desire to ensure a minimum of empathy on the side of legally operating entity. This problem is particularly acute in an era of asymmetric conflicts where one party is at a stronger position and thus the weaker party flees to unethical behavior aimed at the strategic use of the opponent's compliance with humanitarian law. This stands in direct contradiction with the principle of chivalry and recalled "the dictates conscience."26 Report on the situation of human rights in Kuwait under Iraqi occupation, prepared by Mr. Walter Kälin, Special Rapporteur, E/CN.4/1992/26 of 16 January 1992. 23 ICJ described the common article 3 to the Geneva Conventions as "elementary considerations of humanity”. Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement of 27 June1986 I.C.J. Reports 1986, p. 14; General List No. 70, para 218. 24 Art. 35, I Protocol Additional, op.cit. 25 Chapter IV, Ibid. 26 It is worth noting that S. Baron-Cohen points out that the zero level of empathy is not directly linked to a lack of remorse, and even contrary remorse may be accompanied by actions that we condemn from moral point of view. The problem lies in the fact that the person affected by

Equally important in this regard is the advisory opinion of the International Court of Justice (ICJ) on the Legality of the Threat or Use of Nuclear Weapons,27 especially the dissenting opinion of Judge Mohamed Shahabuddeen discussing in detail issues relating to Martens Clause's place in the system of international law, its meaning and method of implementation. Also while analyzing positions of States during the proceedings before the ICJ we shall look closely at the statements of Australia, emphasising the crucial importance of the doctrine of human rights and its impact on "dictates of public conscience".28 Consequently, the underlying idea of that concept whose counterpart in domestic legal systems may be found in the rules of social relations29 shall be presented. Nevertheless, while discussing the public conscience in the national legal system we have a clarity as to what kind of society we refer, whereas in the international community it is characterised by a low degree of organisation and unclear notion of subjectivity it is no longer a case. To whose conscience, and consequently requirements/dictates shall we refer in the realm of international law? The concept of social conscience brings the reference to public opinion to mind, which in the context of armed conflict can be understood as public opinion of parties to the conflict, the United Nations or the world of human community (all people living on the planet). Reference must be made here to the previously made argument. If while speaking of public opinion we mean positive connotations , it is mainly due to the media and non-governmental organisations invariably supporting the development of the common good of all humanity.30 Un-

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a disorder of empathy does not draw conclusions corresponding to the conclusions of compassionate person. Thus, despite being aware of conscience, they do not refrain from actions dictated by their aberrant personality. 27 ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996. 28 Requests for Advisory Opinions on the Legality of Nuclear Weapons- Australian Statement, 1996 AUSTL. Y.B. INT'L L. 685, 699 29 Art. 5 and art. 56 of Polish Civil Code. 30 In addition, vital role of empathy among volunteers working in the NGO sector shall be noted. Those individuals do not necessarily have to share the tragic experiences of the victims of violence and armed conflict, in order to bring help and mobilize civil society to render selfless help.


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fortunately, history teaches us that it is not necessarily what is in accordance with the conscience of one community which can be recognised as such in other factual circumstances or especially by another community.31 Conflict of political and economic interests has a direct bearing on the moral valuation of the position which in certain cases also relies on the differentiation of religion or origin. That is why the ICRC amounting to more than the traditional individual perception of the national interest of given population or individual adopted impartiality as a principle in helping regardless of nationality, race, religious beliefs, class or political opinions. In the literature, dispute lasts as to whether concepts of "humanitarian principles and requirements of the public conscience" are of normative value or whether they represent only a kind of rhetorical embellishments highlighting the obligations arising from the invoked "(...) regulations in force (...), the principles of the law of nations (...) customs".32 And if they can be assigned the nature of legal norms, what range of standard do they constitute? Basic positions represent them as the norms of customary law, jus cogens norms or interpretation norms, not necessarily limited to IHL but representing a principle of international law generally. Besides the classic problems associated with the cruelty of war, the modern doctrine of humanitarian law must face new challenges, among which, particularly interesting in the context of the humanisation of war, is a growing presence and new fields of application of remotely controlled or autonomous unmanned systems. ROBOTISATION OF HUMANITARIAN WAR? Along with the development of technology, armed forces have been doing everything to ensure that human lives were protected. The development of aviation, automatic weapons and eventually remotely piloted systems perfectly fits into this paradigm. Except that what at first sight seems to be the ideal direction for the modernisation of the armed forces and the way to mitigate human sufThe support of Serbs for the policies of Mr Milosevic against the Kosovars or anti-Semitism before World War II, which went beyond the borders of one country. 32 T. Widłak, op.cit., pp. 177-178. 31

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fering, at least of one party to the conflict, also leaves us with the uncomfortable impression that such works of science fiction like „Ender's Game” and „Robocop” finally begin to materialise in real life.33 Since the Martens clause points out humanity as the foundation of international law one should consider how to regulate the operation of robots, especially those that will be able to make their own targeting decisions.34 In contrast to the classical sniper's task – vaunted by some condemned by others, yet certainly necessary in most relevant operations – in the case of autonomous action (not automatic)35 of a combat system we will not find a "humanity" factor, i.e. a human being making the decision. We disregard here the participation and responsibility of the creators of hard- or software which, once activated, decides alone when to deprive a person of his/her life and when to save it. Particularly interesting is the previously cited perspective of autistic persons who in their systemising reasoning resemble such systems. According to S. Baron-Cohen despite zero empathy autistic persons are able to follow the moral code albeit the one creating the code remains unknown. Another issue that should be pondered upon is the context of these situation. It seems that S. Baron-Cohen talks about the possibility of ethical behaviour in everyday situations assuming that such persons will not have direct access to coercive measures or to fighting measures in the context of war. So the question arises as to their ability of translating the provisions of IHL into the pattern which would consequently allow them to distinguish combatants from civilians. Or should the subtle differences between military necessity and proportionality be captured which are causing problems to people without any empathy disorders? Provided the answer was More on the website of Campaign to Stop Killer Robots, www.stopkillerrobots.org/bibliography/ [accessed on 28.10.2014]. 34 At the present state it is still a "song of the future" - systems that can aspire to the title of autonomous, are being used, among others, in Israel (Iron Dome, the Hapry drone) and the United States (the Patriot air and missile defense system). 35 W. Boothby, Some legal challenges posed by remote attack, „International Review of Red Cross”, Volume 94 Number 886 Summer 2012, s. 584. 33

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yes, the problem of robotisation of hostilities would have been resolved. Unfortunately, the present state of knowledge does not allow the development of this type of pattern as itwould constitute a basic artificial intelligence algorithm. As long as scientists do not discover how the human brain performs the reasoning, technicians have to rely on simplified models of limited use36 since the requirements of morality do not allow to expand the areas in which the experiment’s price can consist of the deprivation of the life of a person under legal protection. The public opinion of the international community at large so far toppled institutions such as slavery, apartheid and colonialism. It seems quite surprising that the discussion on transferring the decision-making process „into the hands of” machines is only at the initial stage given the rapid pace of this field development. The international community, being based on the principle humanity and following the dictates of conscience, which are taking into account the atrocities of the previous century, should clarify its position towards the use of autonomous unmanned combat systems, so-called killer robots, as soon as possible.37 It is not just about the moral premises but about cogitation of the role of IHL as a system aimed at the proctection of individuals and mankind as a whole. PLAYSTATION MENTALITY Milder form of robotisation of warfare is the development of remotely controlled unmanned combat systems38 where the operator can be away from the battlefield by thousands of kilometers. In the space of just a few years, these systems have entered into the equipment of numerous armed 36 Recognized expert Ronald Arkin believes that his software developed under the name of the Ethical Governor is able to act as a "muzzle" incorporating ethical evaluation to combat unmanned systems. More: R. C. Arkin, P. Ulam, and B. Duncan, An Ethical Governor for Constraining Lethal Action in an Autonomous System, Technical Report GITGVU-09-02. 37 Works on this topic progress on the forum of the United Nations Convention on Certain Conventional Weapons (CCW), whose deliberations on 13-16 May 2014 in Geneva, were devoted to consideration of the proposal of VI Additional Protocol governing the use of autonomous weapons. 38 Commonly, but incorrectly, called drones.

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forces, including the Polish army. The basic argument was the ability to reduce losses among the military and civilian casualties. The practice of their application and especially the controversial policy of "targeted killing" however, have cast doubt on the legality of the use of these new means of warfare under IHL and the current human rights regime.39 A particularly interesting topic is the effect of operator remoteness on the moral judgment that takes place when reporting the target and then carrying out the attack. There are voices raising that as robots in the future, operators acting from a secure command station are not susceptible to stress and overwhelming emotions interfering with the rational assessment on the battlefield.40 Despite the fact that under the law an operator situated in an office or in a container in the middle of the desert is a legal target of attack the practical aspects of carrying out such a counterattack, turn it into a counterproductive operation. Therefore, it is argued that by eliminating a sense of immediate danger unmanned combat systems may prove to be more "human" than humans, because their operators will not lust for blood and revenge nor will they carry out massacres of civilians (at most, it will be caused by a critical coding error or displayed misinformation).41 On the other hand, the development of the socalled „playstation mentality”, defined as the impression of unreality of tasks that the operator performs by using the screen and joystick, is often regarded as the moral risks connected with operations carried out remotely. This tends to reflect the N. Melzer, „Targeted Killing in Contemporary Legal Doctrine”, [in:] N. Melzer. Targeted Killing in International Law, Oxford Scholarship 2009 ; T. Żuradzki, Polityka namierzania i zabijania: aspekty etyczne i prawne, academia.eu 40 A contrario : J. Mullen, Report: Former drone operator shares his inner torment, CNN, 25.10.2013, www.edition.cnn.com/2013/10/23/us/drone-operatorinterview/ [accessed on 13.10.2014). 41 Compare with Isaac Asimov's "Three Laws of Robotics" of 1942: 1. A robot may not injure a human being or, through inaction, allow a human being to come to harm. 2. A robot must obey the orders given to it by human beings, except where such orders would conflict with the First Law. 3. A robot must protect its own existence as long as such protection does not conflict with the First or Second Laws. 39


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dual nature of warfare robotisation: a tactical side, taking into account the extent to which the machine is able to replace the pilot intelligence, and an ethical side emphasising the dehumanisation war causes. How ought one refer to the death of a civilian who was killed by „robot hands”? Which values need to be addressed then? What if the robot, which by default will be replacing a man while claiming to be a more effective and efficient agent, will think automatically instead of thinking autonomously? It should also be remembered that not all atrocities occur out of impulse, stress or confusion - some of them are well planned actions, carried out with „cold blood”, following a thoughtful order. At least questionable is the assertion that, in such situations we can assign empathy the crucial importance. Because of the right to refuse to obey the order, which is a clear and flagrant violation of the fundamental principles of humanitarian law – the so-called „Nuremberg defense", priority shall be given to the basic understanding of these principles and focus on the protection of the values regardless of whether the person awakens in us fear, disgust or hatred. In conclusion, the international community's efforts to incorporate the language of morality to international law, including regulation of warfare, should be emphasised. Under the slogan of humanisation of warfare we can read both the desire to minimise the atrocities of war and paradoxical in this combination as well as the desire to withdraw humans from the battlefield. Unmanned combat systems represent both opportunities and threats to humanity depending on whether the development of technology will allow to program morality or will be accompanied by reflection on the possible ethical implications. Therefore, a key issue is to equip such systems with a safety valve allowing to take over control by the man in every critical case. The ability to empathize is undeniably connected to qualitative analysis while robots are dealing so far only with quantitative analysis. The latter is very helpful in the era of mass access to information although it should be borne in mind that it is not sufficient because the Big Data problem consists not only of the enormity of information but also of its quality assessment.

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S. Baron-Cohen's reflections focused on the presentation of people with mental problems preventing them from the correct detection and response to the complexity, also emotional, of the real world created by social interactions. It is doubtful that the code functioning according to the zero-one method (just like individuals with Borderline disorder) will be able to satisfy the requirements of morality, formulated on the basis of international law, and the Martens Clause. In the end, it seems that „humanity” has become a fundamental value of the international law system in which legal discourse has been recently dominated by the development of human rights doctrine, modeling concepts like sovereignty. From a moral point of view, it seems perfectly reasonable – if the determinant of this revaluation is to protect the weaker party – regardless of the fact whether his/her behavior or views are consistent with ours or whether we are able to identify and understand them. The law applies in spite of empathy not because of it. People affected by disorders of reality perception should follow certain norms due to the fact that they have an impact on another human being and their source is inalienable and unassailable dignity.

REFERENCES: Doctrine 1. 2. 3. 4. 5. 6. 7.

Arkin, R.C., Ulam, P., and Duncan, B., An Ethical Governor for Constraining Lethal Action in an Autonomous System, Technical Report GIT-GVU-09-02. Baron – Cohen, S., The Science of Evil. On Empathy and the Origins of Cruelty, 2011. Boothby, W., Some legal challenges posed by remote attack, „International Review of Red Cross”, Volume 94 Number 886 Summer 2012. Cyrul, W., Duda, J., Opiła, J., T. Pełech-Pilichowski, Informatyzacja tekstu prawa perspektywy zastosowania języków znacznikowych, Wolters Kluwer SA, 2014. Groot, De jure belli ac pacis , 1625 [in:] L. Friedman, The Law of War. A Documentary History, Volume 1, Random House, New York, 1972. Kwiecień, R., Teoria i filozofia prawa międzynarodowego. Problemy wybrane, Diffin 2011. Lachowski, T., Transitional justice as substantive component of rhe responsibility to rebuild within the RtoP framework, [in:] Responsibility to Protects in Theory and Practice [eds. V Sancin, M. Kovic Dine],GV Zalozba 2013.

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Kaja Kowalczewska HUMANITY IN MODERN WARFARE, EMPATHY AND JUS IN BELLO Livingstone Smith, D., The most dangerous animal:19. Human nature and the origins of war, Macmillan, 2009. 9. Melzer, N., „Targeted Killing in Contemporary Legal Doctrine”, [in:] N. Melzer. Targeted Killing in International Law, Oxford Scholarship 2009. 10. Meron, T., The Martens Clause, Principles of Humanity, and Dictates of Public Conscience, „The American Journal of International Law”, Vol. 94, No. 1 (Jan., 2000). 11. Mullen, J., Report: Former drone operator shares his inner torment, CNN, 25.10.2013, www.edition.cnn.com/2013/10/23/us/drone-operatorinterview/ 12. Osterdahl, I., van Zadel, E., Will Jus Post Bellum Mean? Of New Wine and Old Bottles, „Journal of Conflict & Security Law”, Oxford University Press 2009. 13. Saul, M., Local Ownership of Post-Conflict Reconstruction in International Law: The Initiation of International Involvement, „Journal of Conflict & Security Law”, Oxford University Press 2011. 14. Schmitt, M.N., Military Necessity and Humanity in International Humanitarian Law: Preserving the Delicate Balance, „Virginia Journal of International Law”, Volume 50, Issue 4. 15. Thurner, J.S., Examining Autonomous Weapon Systems from a Law of Armed Conflict Perspective, [in:] New Technologies And The Law Of Armed Conflict (Hitoshi Nasu & Robert McLaughlin eds.), 2013. 16. Trapp, K., Great Resources Mean Great Responsibility: A Framework of Analysis for Assessing Compliance with API Obligations in the Information Age , [in:] International Humanitarian Law and the Changing Technology of War (eds. D. Saxon), Brill | Nijhoff 2013. 17. Widłak, T., Klauzula Martensa na tle pojęcia „ludzkość ” w prawie międzynarodowym, [in:] „Międzynarodowe Prawo Humanitarne. Zasady podejmowania działań przy użyciu siły”, Volume III, 2012. 18. Żuradzki, T., Polityka namierzania i zabijania: aspekty etyczne i prawne, academia.eu 8.

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Reports 1. Amnesty International, Death sentences and executions in 2013 Report, March 2014. 2. International Committee of the Red Cross, Commentary on the Additional Protocols of 8 June 1977, Geneva, 1987. 3. United Nations, Report on the situation of human rights in Kuwait under Iraqi occupation, prepared by Mr. Walter Kälin, Special Rapporteur, E/CN.4/1992/26 of 16 January 1992. International law 1. General Treaty for Renunciation of War as an Instrument of National Policy (Kellogg–Briand Pact) of 1928. 2. Geneva Conventions of 1949. 3. Hague Conventions of 1907. 4. Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare. Geneva, 17 June 1925. 5. Saint Petersburg Declaration, Declaration Renouncing the Use, in Time of War, of Explosive Projectiles Under 400 Grammes Weight, 1868. 6. Treaty of Versailles of June 28, 1919. 7. United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI. 8. Woodrow Wilson Fourteen Points proposal for ending the war in a speech on January 8, 1918. Case law 1. ICJ, Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion, I.C.J. Reports 1996. 2. ICJ, Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgement of 27 June1986 I.C.J. Reports 1986. 3. ICTY, Tadic, Judgement, ICTY Appeals Chamber {Case No.IT-94-1-A}, 15 July 1999.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (201-204)

THE STATE SECURITY BETWEEN GEOPOLITICAL REALISM AND HISTORICAL TRADITION Dario Citati, Ph.D. Institute of Geopolitics and Auxiliaries Sciences, ITALY

ARTICLE INFO Article history Received: 07.12.2014 Accepted 16.12.2014 Keywords State security, geopolicy, international security

Security is a concept that play a central role in geopolitics. Generally speaking, we can assert that geopolitics highlights some historical constants (features repeated in time, regardless ideologies and cultural differences) based on geographic features, in which States, as international politics main players, are collocated. Geopolitics is not the expression of a “geographical determinism”, despite many authors has often fallen into this wrong interpretation. A proper geopolitics working method is in fact not aimed to establish immutable laws in historical development, but it is aimed to identify general tendencies that need to be integrated with cultural, ethnographical, philological and historical information. The study of geopolitics and its auxiliary sciences is also characterized by a typical purpose, that it is not only a descriptive and cognitive purpose, but also a prescriptive and operative one. This is the reason why a geopolitical analysis must be always a summary: on the one hand it has to produce a scientific evaluation to understand reality, and on the other hand it has to provide with tactical and strategic recommendation political decisionmaker. For this reason geopolitics has several features in common with intelligence activity and with the defence of State's security. One of the main category in classical geopolitics is the opposition between “Land” and “Sea” and between land powers and sea powers. Land powers are developed on the continents

whereas the sea powers, thanks to their insular dimension, have a natural inclination to control sea and trade routes. That dichotomy has crucial repercussion in security sphere. A sea power, in fact, takes more advantage in the sphere of defence because of its geographical position: it has no borders in common with other States and the risk of territorial disputes is therefore minimum. A land power, on the contrary, always has to compete with neighbouring States to protect its own security and for this purpose has to put into practice policies that fluctuates continuously between “cooperation” and “competition”. However, at the same time sea powers are often forced to project themselves on the continent to gain access to resources, while the land powers already have a major potential if they succeed in setting up an integrated system with their neighbours. Due to this substantial duplicity, the relations between land and sea powers are never univocal. The one who pretends to identify an iron law of opposition between these two types necessarily falls into determinism. This kind of interpretation in fact did not consider concretes dynamics and the role of ideas in human history. The “Great Game” of the XIX century between Russia and Great Britain, for instance, indeed represents a clear example of clash between “Land” and “Sea”. The British Empire, a sea power that dominated the Oceans with its fleets, competed with the Russian Empire, that was a land power, for con201


Dario Citati THE STATE SECURITY BETWEEN GEOPOLITICAL REALISM AND HISTORICAL TRADITION

quering the heart of Central Asia. Nevertheless, only a few years before these two competitors were allies during the Napoleonic Wars. During this period in fact typically land powers as Russia and Prussia had joined their forces with Great Britain in order to stop the expansion of another land power with hegemonic aims: France. After the Napoleonic Wars, into the fragile European order that followed the Congress of Vienna (1815), there were attempts to realize the principle of “balance of powers” theorized by the Austrian Chancellor Klemens Von Metternich. Metternich acknowledged that peace in Europe could be reached only following two ways: the first one was the maintenance of traditional political order and traditional European institutions, and the second one was the creation of a geopolitical system in which the great powers reciprocally balanced themselves. We can assert that Metternich was a “multipolarism supporter”, because he was a committed supporter of the balance of powers, that was necessary in the peculiar European XIX century scenario. However the Restauration breakdown and the failure of Metternich’s projects showed that geopolitics is a useful instrument, but that it is not sufficient to explain historic phenomenon in its whole complexity. The main reason of the collapse of the European order was in fact the raise of nationalist, liberalist and socialist ideologies. This kind of ideologies had led European people to a mutual antagonism that caused two fratricide World Wars. The main enlightened minds inside the progressive front were well aware of that. For instance, the great Czech historian František Palacký (1798-1876), even though he was a protestant and a strong supporter of the emancipation of his people, he was moderate and he believed that Slavic people had to find their own role inside the Catholic Austrian Empire. He did not want, in fact, to call into question the Habsburg Monarchy, because he believed that a collapse of that political entity would lead Europe into chaos. So history generally teaches that geopolitical dynamic between “Land” and “Sea” is part of the intra-continental relations typology. As the German historian Ludwig Dehio noted when a land power carries out an hegemonic policy regarding its neighbours, the presence of a sea power always counterbalances its actions. This 202

kind of dynamics have been known in Europe since the end of the Middle Ages: in the Iberian Peninsula, for instance, modern Portugal historically had strong relations with Great Britain, although Great Britain always represented for Portugal a rival on the seas, and despite the fact that the decline of the Portugal Empire was always strictly connected to the raise of the British Empire. The Anglo-Portuguese alliance is therefore explained by the traditional Spanish hegemonic aims on Portugal. So, in a conflict between two neighbouring land powers a State hegemonic policy encourages the other States to establish alliances with sea powers. However the sea powers are inclined to exacerbate continental disputes because a high level of integration between land powers represents a threat to their own interests. When an American President Wilson, at the end of the World War I, promoted the principle of selfdetermination, he was well aware of this kind of logic. The same concept was used also by Zbigniew Brzezinski regarding the “Eurasiatic Balkan” and it is implemented today by the United States in Middle East, continental Europe and Central Asia-Caucasus region. In every case this policy is aimed to set up a high fragmented continental space with small or medium States in a situation of permanent conflict, in order to force these States to have to count on a “far ally”. But the sense of security that originates from the alliance with an external sea power in order to defend itself from a neighbour State perceived as a threat is often merely exterior. The goal of the “far ally” is in fact to support a situation of permanent tension. A clear example is the current US support to Eastern Europe in anti-Russian sense. This reflections are therefore very useful today for all European States that are involved in an epochal shift of the global scenario, where the consequences are not easy to foresee. From a geographical and geopolitical point of view the definition of Europe as “West” is misleading. Europe should be considered more properly as the “West of the East”, or in other words, the western part of the Euro-Asiatic landmass, that is situated in the world eastern hemisphere. However, if on the one side Europe is the Euro-Asiatic landmass western part, on the other side Europe is also an open “peninsula” that looks


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on the Atlantic Ocean. The European powers maritime expansion during the last centuries is without any doubt a direct consequence of this feature. Hence, the European double nature, both continental and peninsular, impose a double strategic evaluation to the European security approach. On the one side, Europe can not represent the bridgehead of another external power against its biggest neighbour, Russia, because of its geographical continental position. General Charles De Gaulle, the last great European statesman, was well aware of what hostility between Europe and Russia could represent: an authentic suicide for both parts. On the other side Europe always will have the need to set up transatlantic relations in a multipolar context, because of its “peninsular” nature. Furthermore, the European transatlantic relations reform has to invest not only the United States but also Latin America, especially for countries like Spain and Portugal, where the policy of cooperation with former colonies represents the main foreign policy guideline. The European Union, therefore, definitely does not constitute today a political or a geopolitical subject, so the single States bilateral option is certainly the best way to set up a new “balance of power”. Other countries already walked through this way with positive results in increasing their international importance and their role in the integration process. A good example of this kind of contemporary “balance of power” set up by a single State is the “multivectoral policy” of Kazakhstan. This country, located at the crossroads between Europe and Asia and big as the whole Western Europe, was successful in implementation excellent security and economic relations whether with traditional allied States (as Russia), or with basically rival States (like China), but also with leading countries in military and technological areas (like Israel and the United States), and with the European Union. So, concerning the European Union it is embarrassing to admit that Europe actually has a difficulty in expressing a proper cultural, civil and diplomatic capability in order to protect its own interests and its own security, even though the European historical tradition can be proud of

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statesmen like Chancellor Metternich and General De Gaulle. The reason of this lack of capabilities is also a matter of culture and identity. State security is strictly related to sovereignty and independence, but it is also true that no civilization in history was established on pragmatism and economic interests. The European lack of geopolitical vision is due to the lack of a genuine European vision of itself. After the First and the Second World Wars the European integration process allowed European people to finally live in peace. However the price of that peace was on the one hand loss of sovereignty, and on the other hand a series of social and cultural processes that have changed the face of Europe, of which the demographic crisis and the distortion of the concept of family are the clearest signs. It is impossible to build a security culture in the geopolitical sphere if a climate of insecurity in the spheres of values and identity still remains. Hence the process of enlargement of the European Union should acquire a meaning of mutual compensation. Eastern European and Baltic States, after the experience of “real socialism”, today are generally showing more attention to European historic heritage compared with the Western European countries. Nevertheless, the Western European countries seem to be more inclined to setting up a critical review of the postCold War relations with the USA and Russia. Therefore Eastern Europe could assume an important role in the cultural and institutional review of European identity, while Western Europe could contribute to formulate a security outlook aim to improve the relations with Russia. Poland, which was and always will be one of the main players in European history, is certainly called to play a fundamental role in this biunivocal process.

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REFERENCES: 1. Brague R., Europe. La voie romaine, Paris 1993. 2. Brzezinski Z., The Grand Chessboard: American Primacy and Its Geostrategic Imperatives, New York 1997. 3. Dehio L., Gleichgewicht oder Hegemonie. Betrachtungen über ein Grundproblem der neueren Staatengeschichte. Krefeld 1948.

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4. Mahan A.T., The Influence of Sea Power Upon History 1660-1783, Boston 1925. 5. Massi E., La rivalutazione della geopolitica, Bologna 1991.

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6. PalackĂ˝ F., Oesterreichs Staatsidee, Wien 1972. 7. Schmitt C., Land und Meer : Eine weltgeshichtiche Betrachtung, Leipzig 1942.


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (205-211)

IS TERRORISM PERCEIVED IN SECURITY STUDIES AS AN EFFECTIVE STRATEGY? Juliusz Piwowarski, Ph.D. Patrycja Węglarz, M.A. School of Higher Education in Public and Individual Security “Apeiron” in Cracow, POLAND ICLE INFO ABSTRACT The aim of this paper is to present standpoints prevailing among the researchers of terrorism, which refer to the problem of efficiency of terrorism treated as a coercive strategy. Authors basing on the scientific papers, which in their opinion are of key importance for this discussion, indicate the most important arguments in favor of the efficiency of terrorism and opposite ones. according to which not only terrorism is inefficient, but also antiterrorist strategies built upon misinterpreted attacks – must turn out to be defective. Analyzing few important publications in the discussed matter authors recall the notions included in it in order to provide an overview of the most important conceptions. ARTICLE INFO Article history Received: 03.10.2014 Accepted 19.11.2014 Keywords Security, terrorism, counterterrorism, coercion

Contemporary the problem of terrorism is a very often undertaken subject in the research field of security studies and allied sciences. Much has been written on the beginnings of terrorism1, motivations of terrorists2 and antiterrorist activities3. A problem, which appears often in discussions is the efficiency of antiterrorist activities. Some researchers claim the terrorism to be an efficient strategy, some (e.g. Max Abrahms) prove otherwise. Polarization of beliefs results from 1

Cf. e.g.. M. Crenshaw, The Causes of Terrorism, “Comparative Politics”, vol. 13, no. 4, p. 379. 2 Cf. e.g.. M. Abrahms, What Terrorists Really Want: Terrorist Motives and Counterterrorism Strategy, “International Security” 2008, 32:4, p. 78-105; G. LaFree, G. Ackerman, The Empirical Study of Terrorism: Social and Legal Research, “Annual Review of Law and Social Science” 2009, no. 5, p. 347-374. 3 T. Plümper, E. Neumayer, Terrorism and Counterterrorism: An Integrated Approach and Future Research Agenda, “International Interactions” 2014, no. 40, p. 579-589.

interpretations of statistic data and analysis of states’ reaction to terrorist attacks and consequences of actions undertaken by both sides of the conflict. In this paper authors will try to present some of the approaches to the problem of efficiency of terrorism, which in their opinion are most worth to be recalled. The aim of this paper is to point out the most important threads of the scientific discussion concerning the problem of strategies of terrorism and to systematize somehow the knowledge regarding the subject, however with no ambitions to redefine the problem. The paper sums up the research conducted by the authors on the problem of effectiveness of terrorism, the way the terrorism itself is perceived in the recent studies and the reasons why there is no agreement among scholars. 205


Juliusz Piwowarski, Patrycja Węglarz IS TERRORISM PERCEIVED IN SECURITY STUDIES AS AN EFFECTIVE STRATEGY?

In short (this conception will be developed in the further part of the paper) one may ascertain that bipolarity of these attitudes results from adopting one of the two assumptions: 1. terrorism works as in most cases terrorist groups manage to influence the government of attacked state; 2 terrorism doesn’t work because governments misunderstand political targets of the attacking groups. Currently prevailing is the first of abovementioned attitudes. M. Abrahms in following words refers to attitudes winning in this argument: “The prevailing view within the field of political science (...) is that terrorism is an effective coercive strategy. The implications of this perspective are grim; as target countries are routinely coerced into making important strategic and ideological concessions to terrorists, their victories will reinforce the strategic logic for groups to attack civilians, spawning even more terrorist attacks”4. There is much to be discussed within the issue of terrorism5, and researchers has been trying to define and explain this phenomenon for a long time. Not only effectiveness as a problem of assessing such a policy was under consideration of researchers, but also morality of terrorism, both of which are, as it turns out, related in this specific case. C. A. J. Coady, considering the problem of morality of terrorism wrote in 1985: „The crucial point is merely that when violence is viewed as a means to certain ends (believed to be) of importance then there are broadly three ways of assessing its morality. One is to reject it on the ground that the use of violence (or at any rate, severe violence) in 4

M. Abrahms, Why Terrorism Does Not Work?, “International Security” 2006, vol. 31, no. 2, p. 42. 5 For the purposes of this paper authors adopted the definition of terrorism proposed by A. H. Kydd, B. F. Walter, according to which terrorism is the use of violence against civilians by nonstate actors to attain political goals. See: A. H. Kydd, B. F. Walter, The Strategies of Terrorism, „International Security” no. 31, p. 52.

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the pursuit of good ends is never morally licit; this is the pacifist position. A second is to assess the violence solely in terms of its efficiency in contributing to the achievement of the good ends, this is the utilitarian response. A third is to assess the violence , partly in terms of its efficiency, but more significantly in terms of the sort of violence it is, most particularly whether it is directed at morally appropriate targets but also whether it is barbaric or grotesque or disproportionate”6 . Thus depending on belief in the importance of a political goal – effectiveness of violence in the form of terrorist attacks can be considered justified either simply because it leads to accomplishing the goal, or because it shortens the time of pursuing this goal and hence eventually lowers the amount of victims. Researchers, who claim that “terrorism works” e.g. Andrew H. Kydd and Barbara F. Walter7 prove this view on the basis of analysis of the reaction of governments of particular states to terrorist attacks: “terrorism has been so successful that between 1980 and 2003, half of all suicide terrorist campaigns were closely followed by substantial concessions by the target governments”8 They explain the reasons of its effectiveness in following words: “Terrorism works not simply because it instills fear in target populations, but because it causes governments and individuals to respond in ways that aid the terrorists’ cause”9. The fundament for such an argumentation is a belief that terrorists are too weak to intrude their will by military means. They have however the power to convince people to act accordingly to their wishes by changing people’s beliefs regarding such 6 C. A. J. Coady, The Morality of Terrorism, “Philosophy” Vol. 60, No. 231 (Jan., 1985), pp. 47-69. 7 A. H. Kydd, B. F. Walter, op. cit., p. 49. 8 Ibidem. 9 Ibidem.


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issues as terrorist’s ability to impose costs and the level of their engagement to the cause. Researches prove that change of mindset cannot occur in the communication act – within “cheap talk”, which have no power of influencing people’s behavior: “If al-Qaida had informed the United States on September 10, 2001, that it would kill 3,000 Americans unless the United States withdrew from Saudi Arabia, the threat might have sparked concern, but it would not have had the same impact as the attacks that followed. Because it is hard for weak actors to make credible threats, terrorists are forced to display publicly just how far they are willing to go to obtain their desired results10”. When discussing power simple verbal statements are rarely treated as credible for actors have incentives to lie and bluff, hence “terrorists who wish to influence the behavior of an adversary must resort to costly signals. Costly signals are actions so costly that bluffers and liars are unwilling to take them”11.In opinion of Kydd and Walter terrorism violence is such a form of costly signaling. Robert Pape explaining the logic of suicide attacks ascertains on the basis of statistical data that weak actors would use such actions when peaceful means fail and conventional military tactic is unavailable because of the disproportions of power 12 Furthermore, he says: „over the past two decades, suicide terrorism has been rising largely because terrorists have learned that it pays”13, and thereby tilts to opinions that terrorism is an entirely rational and efficient strategy. Max Abrahms proving the researchers, who claim as Pape does, wrong, based his argument on analysis of statistics of the 10

Ibidem, p. 50-51. Ibidem, p. 58. 12 R. A. Pape, The Strategic Logic for Suicide Terrorism, “American Political Science Review” 2003, vol. 97, no 3, p. 343-361. 13 Ibidem, p. 343. 11

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effects of terrorist attacks. He distinguishes two types of terrorist campaigns, of which only one can be considered as effective or ineffective and is important for his studies. Abrahms writes: “strategic terrorism aims to coerce a government into changing its policies; redemptive terrorism is intended solely to attain specific human or material resources such as prisoners or money. Because my focus is on terrorism’s ability to compel policy change, terrorism in this study refers only to strategic terrorism campaigns”14. The researcher examined in his study the strategic effectiveness of the twenty-eight terrorist groups designated by the U.S. Department of State as foreign terrorist organizations since 2001. Analyzing effectiveness of their activity Abrahms indicates two dimensions along which terrorism’s effectiveness can be measured: combat effectiveness and strategic effectiveness. The first one describes the level of damage inflicted by the coercing power; the latter refers to the extent to which the coercing power achieves its policy objectives. In the opinion of the researcher policy objectives are much more difficult to assess than policy outcomes: “In general, the stated objectives of terrorist groups are a stable and reliable indicator of their actual intentions. This assumption undergirds the widely accepted view within terrorism studies that groups use terrorism as a communication strategy to convey to target countries the costs of noncompliance. Because these group seek political change and because their stated objectives represent their intentions, terrorism’s effectiveness is measured by comparing their stated objectives to policy outcomes”15. To make such comparison Abrahms created a four-tiered rating scale i.e.: “total success”, “partial success”, “limited success” and “no success”. 14 15

M. Abrahms, op. cit., p. 46. Ibidem, p. 47-48.

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The analysis showed that the twentyeight groups, which were recognized to have greatest significance to U.S. counterterrorism policy, have achieved their objectives less than 10 percent of the time: “As the political mediation literature would predict, target countries did not make concessions when terrorist groups had maximalist objectives. Yet even when groups expressed limited, ambiguous, or idiosyncratic policy objectives, they failed to win concessions by primarily attacking civilian targets. This suggests not only that terrorism is an ineffective instrument of coercion, but that its poor success rate is inherent to the tactic of terrorism itself”16. Such conclusion leads us towards the problem of strategies of terrorism, for depending on both the target and objective, the way of acting of terrorist groups and means used to accomplish the goal vary. Suicide, for example, attacks are part of strategy defined as “attrition”, which goes on weakening an enemy gradually and attacking long enough for the enemy to undertake activities meeting the demands of terrorists. Within this strategy terrorists want to convince their enemy that they are strong enough to

cause serious damages if the specific policy will be continued17. One can assume that the key to lower the amount of terrorist attacks would be an efficient policy of counteracting them, as reacting to them in a specific manner results in occurring subsequent attack threats. An important question posed by scholars quoted in this paper was whether the character of goal influences the way of acting of the terrorist groups? The objectives of terrorists vary, however there are five which seem to be the most frequently emerging and important, i.e.: regime change, territorial change, policy change, social control and status quo maintenance18. When it comes to typologies of strategies used by terrorists to accomplish their goals, researchers of the subject proposed a number of them (e.g. Thomas Thornton19, Martha Crenshaw20, David Fromkin21 and Edward Price22). The proposition by Walter and Kydd sums up existing typologies and seem to be adequate to the newest conditions. According to this typology there are five strategies of terrorism, which are best presented in the form of a following figure:

Target of Persuasion Enemy Power Subject of uncertainty

Resolve Trustworthiness

Fig. 1 Strategies of Terroris Violence Source: A. H. Kydd, B. F. Walter, The Strategies of Terrorism, „International Security” no. 31, p. 59.

16

Ibidem, p. 76.

208

attrition spoiling

17

Own Population intimidation outbinding provocation

A. H. Kydd, B. F. Walter, op.cit., p. 51. Ibidem, p. 52. 19 T. Thornton, Terror as a Weapon of Political Agitation, [in:] Internal War: Problems and Approaches, ed. H. Eckstein, London 1964. 20 M. Crenshaw, The Causes of Terrorism, “Comparative Politics”, vol. 13, no. 4. 21 D. Fromkin, The Strategy of Terrorism, “Foreign Affairs”, vol. 53, no. 4. 22 E. Price, The Strategies and Tactics of Revolutionary Terrorism, “Comparative Studies in Society and History”, 1977, no. 19. 18


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The strategy of attrition is created to make the target believe that maintaining specific policy will bring costs which are not worth the gains. This strategy is designed to accomplish the objective. Intimidation is based on preventing some undesired behavior by means of threats and costly signals and is used mostly to overthrow a government or gain social control over a population. Provocation is a strategy used mostly by the groups pursuing a regime and /or territorial change and it’s based on persuading the local audience of untrustworthiness of the target of attack, which needs to be vigorously resisted. Spoiling strategy is used to achieve a goal of ensuring that peace overtures between moderate leaders on the terrorists side and the target government do not succeed. The last strategy—outbidding is described by the scholars as follows: “outbidding arises when two key conditions hold: two or more domestic terrorist group objective

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parties are competing for leadership of their side, and the general population is uncertain about which of the groups best represents their interests”23. M. Abrahms proves however that „terrorism is an ineffective instrument of coercion”24, especially in the case of terrorist group oriented to attacking civilians (CCTG – Civilian-centric terrorist groups) because their activity is not properly understood by the attacked states. Attack on a state is interpreted by governments as an attempt to destroy the country and conquer it, without taking into account any possible political motivations of terrorists. Researcher created an interesting model of civilian-centric terrorist groups, by which he tried to prove that terrorist groups, when attacking civilians, do not achieve their policy objectives regardless of their nature.

idiosyncratic

maximalist

limited

target selection

mostly civilian

mostly military

perception of objective

maximalist

varied

no policy outcome concessions

ambiguous

occssional concessions

Fig. 2 Contongency Model of Civilan-centric Terrorist Groups Source: M. Abrahms, Why Terrorism Does Not Work?, “International Security” 2006, vol. 31, no. 2, p. 57.

23 24

A. H. Kydd, B. F. Walter, op.cit., p. 76. See M. Abrahms, op. cit.

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In Abrahms opinion reaction of the USA authorities to the 11 September is an example: “Americans—especially in the immediate aftermath of the terrorist attacks— have tended to ignore al-Qaida’s rationale for violence. Instead of focusing on al-Qaida’s policy demands, they have fixated on the effects of the terrorist attacks and inferred from them that the terrorists are targeting the United States to destroy its society and values”25. On the other hand those who argue that terrorism is ineffective draw attention also to the problem of misunderstanding the attacks by governments of targeted states. Going back to the example of the reaction of U.S. to the attack in 2001, let’s once again quote Abrahms, who in his paper writes about “Al-Quaida miscommunication strategy”: “ Bin Laden and his lieutenants frequently complain that the United States has failed to “understand” the “true reason” for the September 11 attacks. Instead of attacking because “we hate freedom”, the attacks are a response to the fact that “you spoil our security” and “attack us. […] As correspondent inference theory predicts, supporting evidence suggests that President Bush and large segments of American society focused on the disastrous effects of al-Quaida’s behavior and inferred from them that the terrorists must went to destroy American society and its values—despite al-Quaida’s relative silence on these issues”26 In the researcher’s opinion the response of the U.S. to the September 11 Terrorist Attacks illustrates why terrorist groups that target civilians are unable to coerce policy change, for in the immediate aftermath of the attack Americans didn’t focus on the terrorists’ policy demands, but solely on the effects of the attacks, from which they inferred that the aim of the terrorists is to destroy the society and values of the United States.

There are however scholars, who analyzing the response of the U.S. to this specific attack and to other ones, come to a completely opposite conclusion: “The United States pulled its soldiers out of Saudi Arabia two years after the terrorist attacks of September 11, 2001, even though the U.S. military had been building up its forces in that country for more than a decade”27. In response to the attack was formulated the counterterrorist policy of the USA. In four basic rules of this policy (messianism, unilateralism, militarism and prevention) was decided i.a.28: 1. To make no deals with terrorists, as such deals could lead to mimicry, escalation of terrorist acts and demands, and gradual winding of the “spiral of violence”. 2. To punish perpetrators of terrorists acts gracelessly for the committed acts. 3. To isolate and pressurize states, which are conducive to terrorism in order to force them to change their policy. 4. Enforce abilities of counteracting terrorism in other countries collaborating with the USA and require support (by cooperation of intelligence services, trainings or equipment support). 3. To block the capital flows used in order to finance terrorist activity. 4. To increase control over the export of guns, armament and dual-purpose material and substances to preclude terrorist groups from buying materials used to produce weapon of mass destruction. 5. To efficiently use international instruments – decisions of convents and protocols regarding production and possession of chemical and biological weapon and control of nuclear materials. It is important to continue elaborating the subject of strategies of terrorist groups 27

A. H. Kydd, B. F. Walter, op.cit, p.49. Por. http://www.terroryzm.com/polityka-stanowzjednoczonych-wobec-terroryzmu-w-xxi-wieku/ (access: 5.10.2014) 28

25 26

Ibidem, p. 65. Ibidem, p. 70.

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and the problem of effectiveness of their activity to better understand how targeted states should response to a possible attack and how contemporary governments can prevent and counteract such acts of violence. Oriental politics scientists suggest that so that the counterterrorist activity could be efficient, it has to be conducted on many levels29: • Military level (special operations), • Level of espionage and counterespionage , • Diplomatic level, • Internal and international legal regulations; • Others (propagandist, financial etc.) Providing security preventively is one the pillars of counterterrorism, because terrorist counts on astonishment and shock caused by their attack, therefore it is so important to prepare for the possible attack. One should however draw attention not only to methods of counteracting acts of aggression, but also remember about political motives of these actions, for as Abrahms highlights: “If countries impute terrorists’ motives from the consequences of their actions, then the communities in which terrorists thrive may impute states’ motives from the consequences of their counterterrorism policies, reinforcing the strategic logic of minimizing collateral damage. Correspondent inference theory can explain not only why terrorist campaigns rarely work, but also perhaps why counterterrorism campaigns tend to breed even more terrorism”30.

29 Based on: Walka z terroryzmem w świetle prawa międzynarodowego, red. K. Lankosz, M. Chrośnicki, P. Czubik, Bielsko-Biała 2004, K. Jałoszyński, Współczesny wymiar antyterroryzmu, Warszawa 2008 and Wojna z terroryzmem w XXI wieku, ed. B. Hołyst, K. Jałoszyński and A. Letkiewicz, Szczytno 2009. 30 M. Abrahms, Why…, s. 76.

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All of the above remarks regarding the discussion among the scholars on the efficiency of terrorism does not exhaustively cover the undertaken subject, but only outlines the main tread of the both sides’ argumentation. For within the fight against terrorism we should take into account every argument and analysis, which allow for better understanding of this complex phenomenon and thus counteracting it better.

REFERENCES: 1. Crenshaw M., The Causes of Terrorism, “Comparative Politics”, vol. 13, no. 4, p. 379. 2. Abrahms M., What Terrorists Really Want: Terrorist Motives and Counterterrorism Strategy, “International Security” 2008, 32:4. 3. LaFree G., Ackerman G., The Empirical Study of Terrorism: Social and Legal Research, “Annual Review of Law and Social Science” 2009, no. 5. 4. Plümper T., Neumayer E., Terrorism and Counterterrorism: An Integrated Approach and Future Research Agenda, “International Interactions” 2014, no. 40, p. 579-589. 5. Abrahms M., Why Terrorism Does Not Work?, “International Security” 2006, vol. 31, no. 2. 6. Kydd A. H., Walter B. F., The Strategies of Terrorism, „International Security” no. 31. 7. Coady C. A. J., The Morality of Terrorism, “Philosophy” Vol. 60, No. 231 (Jan., 1985). 8. Pape R. A., The Strategic Logic for Suicide Terrorism, “American Political Science Review” 2003, vol. 97, no 3. 9. Thornton T., Terror as a Weapon of Political Agitation, [in:] Internal War: Problems and Approaches, ed. H. Eckstein, London 1964. 10. Fromkin D., The Strategy of Terrorism, “Foreign Affairs”, vol. 53, no. 4. 11. Price E., The Strategies and Tactics of Revolutionary Terrorism, “Comparative Studies in Society and History”, 1977, no. 19. 12. http://www.terroryzm.com/polityka-stanowzjednoczonych-wobec-terroryzmu-w-xxi-wieku/ (access: 5.10.2014) 13. Walka z terroryzmem w świetle prawa międzynarodowego, red. K. Lankosz, M. Chrośnicki, P. Czubik, Bielsko-Biała 2004. 14. Jałoszyński K., Współczesny wymiar antyterroryzmu, Warszawa 2008 and Wojna z terroryzmem w XXI wieku, ed. B. Hołyst, K. Jałoszyński and A. Letkiewicz, Szczytno 2009.

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INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (212-234)

RUSSIAN COMPREHENSIVE APPROACH TOWARD ARCTIC RACE Col (ret) Zdzislaw ŚLIWA, Ph. D. the Baltic Defence College, Tartu ESTONIA

ABSTRACT Arctic has lately slipped slightly from the radar of the International Community as a consequence of the Ukrainian, economic austerity, Ebola spread and also combating radicals like Islamic State. Even global warming is not major topic of news. In spite of this, the Arctic race is ongoing involving all the nations interested in that region considering future profits connected with resources, shipping routes and fishery. Among them Russia is currently a key player in many domains especially as it is treating Arctic very seriously and has already invested into grounding national position there. Present-day peaceful cooperation is very promising but growing military presence in Arctic, especially Russian build-up, is causing more and more concerns about the future. The paper is discussing major reasons of the Arctic race, depicting briefly legal aspects e.g. UNCLOS, international organizations like the Arctic Council and also role of actors there. International disputes are also mentioned especially those related to the Russian Federation, being major player there. The main focus is on Russian interests, economy related competition and also military developments to support national interests. The Western sanctions are negatively influencing exploration of natural resources making Moscow nervous and the country must be treated very seriously to avoid creating new “Cold War” type icy relations and confrontation. FO ARTICLE INFO Article history Received: 12.11.2014 Accepted 10.12.2014 Keywords international security, the Arctic, Russian Federation, military developments in Arctic,

INTRODUCTION Arctic slipped slightly from the attention of the International Community lately as an effect of crisis in Ukraine, European struggle with economic austerity, Ebola spread and also fighting radicals like Islamic State. However, the nations involved in regional developments are still continuing their struggle for resources, shipping routes and fishery there. Although the global warming topic is not as hot as before it is still an issue with differing opinions of experts. As for now, a peaceful cooperation among involved nations is continued despite 212

the fact that military presence in Arctic is increasing with Russia in lead in implementing that instrument of national power. The recent Ukrainian crisis affected world’s perception of Moscow’s intents also in the High North and any scenario is seen as an option. The Arctic is the complex region with eight countries possessing land borders there: Denmark, Sweden, Finland, Iceland, Norway, Russia, Canada and USA; five of them border the Arctic Ocean: Canada, Denmark, Norway, Russia and USA and three have land above


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Arctic Circle: Iceland, Finland and Sweden.1 As historically a global competition among major powers is constant struggle in every dimension and is based on exploiting every opportunity to forward national interests such the number of actors could be a challenge. The recent global economic crisis has caused real concerns about energy security especially in Europe relying significantly on Russia as major supplier of gas and oil. That dimension of security has become important for European Union being afraid of aggressive stance of Russia during latest conflicts in Georgia and Ukraine. It was also clearly recognized that other than military instruments of power have been played skilfully by Moscow, being very pragmatic international actor. The energy security has triggered attention of other suppliers like USA, Middle East by latest discoveries in Arctic, being at the same time one of potential areas of international conflicts. The last region is not forgotten especially for Russia which needs it, especially its resources, to preserve notable role in the future energy games. The multivector capabilities’ build-up is observed by other players, recognizing growing threat up there in the High North based on the fact that “unlike ethnic, religious, or ideological conflicts, which involve non-divisible values such as identity and belonging, conflicts over resources are interest based contests over divisible goods.”2 As every Arctic actor has something to gain or lose it makes them rather proactive than passive.

B. Van Pay, National Maritime Claims in the Arctic Changes in the Arctic Environment and the Law of the Sea, Office of Ocean and Polar Affairs, U.S. Department of State, The 33rd COLP Conference Seward, Alaska 21 May 2009, http://www.virginia.edu/colp/pdf/Van_Pay-Arctic-Claims.pdf [accessed: 02 October 2014]. 2 K. Ballentine, Beyond Greed and Grievance: Reconsidering the Economic Dynamics of Armed Conflict, in: K. Ballentine, J. Sherman (ed.), The Political Economy of Armed Conflict. Beyond Greed and Grievance, the International Peace Academy (London, 2003), p. 273. 1

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The paper is discussing the development of politic – military situation in Arctic based on the multi-vector importance of the region in the context of national interest of main actors. It will be based on recognizing major facts about importance of the region and also legal aspects of the situation. Thereafter, selected nations will be discussed to recognize their current position toward the future of Arctic. The main attention is related to Russian role in Arctic in political, economy and also military domain and main activities in those domains are analysed. Moreover, changes within international relations, as an outcome of the crises in Georgia and Ukraine will be considered when presenting Moscow readiness to advance national interests in selected areas implementing all available options. Possible developments of the situation in Arctic shaping the future of the whole region will be also deliberated as the situation there will always have some broader international implications. IMPORTANCE OF THE ARCTIC REGION The global warming is still an issue but opinions in regard to that phenomena are differing, nevertheless that process is changing the geopolitical importance of Arctic influencing shifts in national geostrategic of nations rooted there. Currently, the Arctic Ocean’s summer ice cover is only half of what it was 50 years ago3 influencing better shipping options and easier access to natural resources. Although, the ice cover seemed to expand steadily again in 2013, the next year it diminished quite significantly4. Even though the estimates differ, in general ice declining L. W. Brigham, Think Again: The Arctic, Washington, 16 August 2010, http://www.foreignpolicy.com/articles/2010/08/16/think_agai n_the_arctic [accessed: 22 September 2014]. 4 Y. Uutiset, Pohjoisnavalla vähän jäätä (A little ice at the North Pole), the Finnish News Agency Yle 1 Uutiset, Luonto 17 January 2014 http://yle.fi/uutiset/pohjoisnavalla_vahan_jaata/7037199, [accessed: 10 October 2014]. 3

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trend is common in research findings as “the rate of increase in surface temperature has been accelerating.”5 The environmental transformation is linked with improving access to natural resources, which are vast including gas reserves (estimated to be 30% of the world’s undiscovered resources), and oil, (some 13% of world’s undiscovered supplies).6 Moreover, there are large nickel, zinc and iron ore deposits there. Again, data are varying in sources but there is widespread agreement that the region is rich enough to invest in it when considering the needs of national economies in the long run. Moreover, following climate changes, the shipping along

the Northern Sea Route (NSR) has lately increased, although it is not regarded as a serious competitor to Suez Canal in the nearest future. The challenges are related to the extreme weather, short period of navigation and underdeveloped infrastructure. Such the complex importance is grabbing attention of every regional nation and also others considering future profits. Even though military conflicts are not very likely in the area, specifically increase of military presence is creating more and more concerns about the future.

Fig. 1. Oil and Gas Activities Russian Arctic Source: J. Mitchell, Russia’s Territorial Ambition and Increased Military Presence in the Arctic, the Foreign Policy Journal, 23 April 2014, the picture by permission of the Malte Humpert, the Arctic Institute who is the author, http://www.foreignpolicyjournal.c om/2014/04/23/russiasterritorial-ambition-andincreased-military-presence-inthe-arctic/ [accessed: 06 September 2014].

The WIRE’s Climate Change report covers the period 1981 to 2012 recognizing that sea ice extent has been declining at the rate of ∼3.8%/decade. The same is referring to declining snow cover (−2.12%/decade for the period 1967– 2012), the Greenland ice sheet and mass of glaciers worldwide also declined. The process will continue. See in details: J. C. Comiso, D. K. Hall, Climate trends in the Arctic as observed from space, WIREs Climate Change 2014, Volume 5 pp. 389–409. doi: 10.1002/wcc.277 [accessed: 23 September 2014]. 6 There are opinions that that „Driving much of the new interest in the Arctic, however, are the stores of oil and gas that lie beneath the water — amounting to an estimated 22 percent of the earth’s remaining supplies“, Read: S. Borgerson, C. Antrim, An Arctic Circle of Friends, report in the New York Times, 28 March 2009, http://www.nytimes.com/2009/03/28/opinion/28borgerson.ht ml?_r=0 [accessed: 02 October 2014]. 5

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Arctic is much broader subject than just resources and sea lines of communication as recognized by Michael Byers as it is, what is important, also “about domestic politics”7; it makes possible challenges more serious. Similar understanding was mentioned by Phil Steinberg, who, when talking about Canadian and Russian scientists working closely together to map the frozen region, suggested that “it’s more a symbol of national pride.”8 Such the understanding is presenting the region in broader sense as not only hub of resources but also a tool of foreign policy toward achieving national prosperity and cohesion when focusing on common interests of any state. It is related mainly to Canada, Norway and Russia and their efforts to enhance presence including military domain. USA has not been very active, but lately it has paid more interest in this hemisphere as presented in the Department of the US Navy’s ‘NAVY Arctic Roadmap’9 published in November 2009. As a result, “due to the changes taking place in the Arctic, the High North is moving from the outskirts to a new geopolitical centre of gravity”10. New developments pose new challenges and give rise to new opportunities as stated in the Norwegian White Paper ’The High North: Visions and strategies’ published in the L. Harding, Russia to boost military presence in Arctic as Canada plots north pole claim, the Guardian 10 December 2013, http://www.theguardian.com/world/2013/dec/10/russiamilitary-arctic-canada-north-pole [accessed: 06 September 2014]. M. Byers is the professor of the University of British Columbia. 8 Ibid. Phil Steinberg is director of the International Boundaries Research Unit at Durham University. 9 U.S. Navy Arctic Roadmap, Department of the Navy, Washington, October 2009. 10 J. Store, The High North and the Arctic: The Norwegian Perspective, the Arctic Herald No 2/2012, Moscow 15 June 2012, http://www.regjeringen.no/nb/dokumentarkiv/stoltenbergii/ud/taler-og-artikler/2012/nord_arktis.html?id=685072 [31 October 2014]. 7

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autumn of 2011. It is recognized in the document that “the strategic picture is changing: the traditional climate of confrontation between East and West is giving way to greater cooperation with, and signs of interest from, more actors – North American, European and Asian. They are interested in new transport routes, access to resources and knowledge about climate change, the melting ice and changes in the marine environment.”11 INTERNATIONAL AND NATIONAL MAJOR PLAYERS As for now, no major conflict occurred in Arctic and nations are following international law, especially the U.N. Convention on the Law of the Sea (UNCLOS), which “comprises 320 articles and nine annexes, governing all aspects of ocean space” including legal right to support ”settlement of disputes relating to ocean matters”12. The document recognizes that Coastal States exercise sovereignty over their territorial sea and rights in a 200-nautical mile Exclusive Economic Zone (EEZ) with respect to natural resources and certain economic activities, and also exercise jurisdiction over marine science research and environmental protection. Moreover, the Coastal States have right for exploring and exploiting continental shelf (at least 200 nautical miles from the shore) and to regulate marine scientific research in the EEZ and on the continental shelf13. A very important is recognition of the right of ships and aircraft for “transit passage” through straits used for international navigation, which is playing a role in disputes. The UNCLOS is basic reference document and it is shaping national The High North: Visions and strategies, the Ministry of Foreign Affairs, Oslo 18 November 2011, p. 21. 12 United Nations Convention on the Law of the Sea of 10 December 1982, UN Office of Legal Affairs, updated 22 August 2013. 13 Ibid. 11

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efforts and legal aspect related to disputes and national claims. Such the framework has been ratified by 166 nations and is supported by as many as 145 agreements related to the implementation Part XI of the Convention (signed 10 December 1982)14. The Part XI provides regime related to minerals on the seabed outside any state’s territorial waters or EEZ; the major nation, which has not signed the UNCLOS, is US as it has some objection in relation to specifically the Part XI. Russian Federation has ratified UNCLOS on 12 March 1997 and it has the greatest claims in Arctic area, believing that the Lomonosov Ridge stretches all the way to the Northern Pole giving it rights to claim this sector of continental shelf. The complexity of situation and involvement of a few nations has inevitably led to creation of transnational organizations to look for common solutions based on consensus rather that improperly understood competition. Among them, the important entity is the Arctic Council, initiated in 1996 by signing the Ottawa Declaration15 by eight founding states: Canada, Denmark (including Greenland and the Faroe Islands), Finland, Iceland, Norway, Russia, Sweden and the United States. Its credibility is supported by participation of six organisations representing Arctic Indigenous Peoples with permanent participant status.16 It is important to notice that military security domain is not included in the agenda of the Council. Although the

Council has not made bonding agreements or treaties, its status has been improved in recent years “producing tangible results.”17 Some concerns were related to the ‘the Ilulissat Declaration’ signed in 2008, as it states that “by virtue of their sovereignty, sovereign rights and jurisdiction in large areas of the Arctic Ocean the five coastal states are in a unique position to address these possibilities and challenges. In this regard, we recall that an extensive international legal framework applies to the Arctic Ocean as discussed between our representatives at the meeting in Oslo on 15 and 16 October 2007 at the level of senior officials.”18 The declaration was carefully read by other non-circumpolar countries as it has made an impression that they are intended to be excluded from shaping the future of Arctic. The organization is and will be important as “the Arctic Council is the only circumpolar body and the leading political body for Arctic issues”19 as recognized by the Norwegian Ministry of Foreign Affairs. The Arctic Council is recognized by all the competitors as it was mentioned during an international workshop in Moscow in 2013 organized by the SIPRI’s Arctic Futures project and the Russia’s Institute of World Economy and International Relations (IMEMO). The participants included officials and experts from Russia, other parts of Europe and North America and, for the first time, also from North East Asia including Korean Republic and China.20 In the speech

14

Chronological lists of ratifications of, accessions and successions to the Convention and the related Agreements as at 3 October 2014, Division for Ocean Affairs and the Law of the Sea, Office of Legal Affairs, United Nations, last updated 03 October 2014, [accessed: 30 October 2014]. http://www.un.org/Depts/los/reference_files/chronological_lis ts_of_ratifications.htm 15 For details see: Declaration on the Establishment of the Arctic Council. Joint Communique of the Governments of the Arctic Countries on the Establishment of the Arctic Council, Ottawa, 19 September 1996. 16 The Website of the Arctic Council, Tromsø, 29 June 2011, http://www.arctic-council.org/index.php/en/aboutus/member-states [accessed: 22 October 2014].

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J. Store, The High North and the Arctic,..., op., cit. The Ilulissat Declaration, Arctic Ocean Conference, Ilulissat, 27 – 29 May 2008, Greenland, http://www.oceanlaw.org/downloads/arctic/Ilulissat_Declarati on.pdf [accessed: 16 October 2014]. 19 The High North: Visions and strategies, op., cit., p. 10. 20 The topic of the workshop was: ‘Russia’s Strategy for Developing the Arctic Region Until 2020: Economics, Security, Environment and International Cooperation’, see: 1 Oct. 2013, Russia’s Strategy for Developing the Arctic Region Until 2020, Stockholm International Peace Research Institute SIPRI, Moscow 01 October 2013, http://www.sipri.org/research/security/arctic/arcticevents/rus 17 18


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Ambassador Anton Vasiliev emphasised “the positive, stable and predictable” situation in the Arctic region and highlighted the role of the Arctic Council, as “central institution of cooperation in the Arctic”21. Strategic interests of Russian Federation, as one of key actors, were specified by Dmitry Afinogenov as follow: national defence, economy and business and energy security.22 As for now, international law and mutual cooperation of Arctic actors, including countries and organizations, is producing encouraging results and as long as those priorities are foundation of solving disputes the future is rather promising. Other major actors in the region are USA and Canada as they are possessing, especially latter one, instruments of power to challenge other competitors. Canada has vast claims in

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the Arctic and as stated by Prime Minister Harper, “has a choice when it comes to defending our sovereignty over the Arctic. We either use it or lose it” as “Arctic is central to our national identity as a northern nation. It is part of our history. And it represents the tremendous potential of our future.”23 Referring to „...national identity as a northern nation” for domestic politic reasons24 is similar to the Russian rhetoric about Arctic. Such the state of affairs is expected to put Canada in confronting position toward Russia and possibly also other actors. It includes USA being worried about the Northwest Passage status as an international waterway.25 However, Ottawa is also aware that alone is not strong enough to balance Moscow, so only option is to unite efforts with other major players.

Fig. 2. Canadian claims in relation to the continental shelf. Source: L. Harding, Russia to boost military presence in Arctic as Canada plots north pole claim, the Guardian 10 December 2013, http://www.theguardian.com/w orld/2013/dec/10/russiamilitary-arctic-canada-northpole [accessed: 06 October 2014].

sias-strategy-for-developing-the-arctic-region [accessed: 16 October 2014]. 21 Ibid. Anton Vasiliev was Russia’s Senior Arctic Official to the Arctic Council. 22 Ibid. D. Afinogenov was a representative of the Apparatus of the Security Council of the Russian Federation,

23 A. Lytvynenko, Arctic Sovereignty, Policy Review, Prepared for the Ad Hoc Committee of Deputy Ministers on the Arctic, 05 April 2011, http://www4.carleton.ca/cifp/app/serve.php/1355.pdf [accessed: 14 October 2014]. 24 K. Drummond, Cold wars: why Canada wants to claim the North Pole, The Verge, 09 December 2013, http://www.theverge.com/2013/12/9/5191740/canada-russiafight-over-north-pole-arctic [accessed: 14 October 2014]. 25 The Arctic: Canada’s legal claims, Parliamentary Information and Research Service, Publication PRB 08-05E, Parliament of Canada 24 October 2008, http://www.parl.gc.ca/content/lop/researchpublications/prb08 05-e.pdf [accessed: 14 October 2014].

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Canada is carefully observing Russian force build-up and to respond it introduced an army training centre at the Resolute Bay and deepsea port at the Nanisivik Naval Facility26. It looks as arms race will take this or another form as the region is requiring specific capabilities, equipment and training to operate effectively. Harper position is clear regarding militarization of Arctic as in August 2014 he said “cautious yes” concerning funding military domain, explaining “cautious in the following sense: that we haven’t seen, obviously, the kind of aggressive moves in the Arctic that we have seen in Eastern Europe by the Russians.”27 Nevertheless, so far Russian aircraft has already tested boundaries of Canadian airspace causing concerns and being recognized as a warning. USA focus on Arctic is growing as presented in the ‘National Strategy for the Arctic Region’ released in May 2013 by the White House aiming to: advance US security interests, pursue responsible Arctic region stewardship and strengthen international cooperation28. It was followed by the US Department of Defence’s new ‘Arctic Strategy’ (November 2013) covering interests and need to “pursue comprehensive engagement with allies and partners to protect the homeland and support civil authorities in preparing for increased human activity in the Arctic”29. It strengthens the message that there is the 26 Военные

базы в Арктике - сигнал к новой ’холодной войне’ (Military bases in Artic – signal for new ’cold war’), ИноСМИ.ru 13 August 2007, http://inosmi.ru/world/20070813/235988.html [accessed: 26 September 2014]. 27 Stephen Harper concerned by Russia's growing military presence in Arctic, the Canadian Press 22 August 2014, http://www.cbc.ca/news/politics/stephen-harper-concernedby-russia-s-growing-military-presence-in-arctic-1.2744499 [accessed: 24 September 2014]. 28 National Strategy for the Arctic Region, the White House, Washington May 2013, p. 2, available at http://www.whitehouse.gov/sites/default/files/docs/nat_arctic _strategy.pdf [accessed: 14 October 2014]. 29 Arctic Strategy, US Department of Defence, Washington November 2013, p. 7, http://www.defense.gov/pubs/2013_Arctic_Strategy.pdf [accessed: 14 October 2014].

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core national interest in preserving “rights, freedoms, and uses of the sea and air space recognized under international law.”30 Also U.S. Navy (USN) revised the Arctic Roadmap (2014) and the strategy paper ‘U.S. Navy Arctic Roadmap 2014 – 2030’ is highlighting the need to ensure US Arctic sovereignty and to strengthen homeland defence.31 Although the focused approach could be challenged by US budgetary cuts, it is important factor from Russian perspective, especially as the US Secretary of Defence Chuck Hagel ensured that „US intends to be ’very involved’ in the Arctic” and US Navy intends to be able to operate there by 2025.32 Such the statement is also recognized by academics claiming that without “U.S. leadership to help develop diplomatic solutions to competing claims and potential conflicts, the region (Arctic) could erupt in an armed mad dash for its resources.”33 This is linked with the obvious fact that no other major actor is able to face Russia alone if the country will decide to do any hostile acts. There are some disputes about the sea territory between USA and Canada in Beaufort Sea and between Canada and Denmark in Baffin Bay, but common perception of possible challenges could make nations closer allies. The important fact is also that both nations are NATO members and the Washington Treaty, especially Article V, is making obligations to support each other if endangered or attacked. This is a reason why both NATO and EU are also international actors as they are obliged to respect rights of their member states.

Ibid., p. 10 U.S. Navy Arctic Roadmap for 2014 to 2030, Department of the Navy, Washington February 2014, http://www.navy.mil/docs/USN_arctic_roadmap.pdf [accessed: 17 October 2014]. 32 J. M. Cole, Militarization of the Arctic Heats Up, Russia Takes the Lead, the Diplomat 06 December 2013, http://thediplomat.com/2013/12/militarization-of-the-arctic-heats-uprussia-takes-the-lead/ [accessed: 14 October 2014]. 33 L. W. Brigham, Think Again: The Arctic, op. cit. 30 31


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RUSSIAN INTERESTS AND POLITICS The election of the President Putin in 2000 was linked with a shift in national policy toward Arctic, as Russia restored interests in Arctic but was using all the ‘soft’ tolls to forward own agenda and to avoid conflict. It lasted until 2011. Following the UNCLOS definition of Arctic “Russia got started early, sending two major scientific expeditions into the deep Arctic to collect evidence that the sea floor all the way up to the North Pole, known as the Lomonosov Shelf, is actually a continuation of the Siberian landmass and thus, Russian territory.”34 Using legal framework to claim its rights, supported by the scientific data in December 2001, the application was presented to the UN Commission on the Limits of the Continental Shelf in respect to four areas: two in Arctic and two non-Arctic ones. Those out of Arctic received supportive recommendations, but regarding Arctic claims the UN commission required additional data35. So, the country made decision to continue research projects and delimitate outer limits of the continental shelf in the Arctic Ocean region, and it was declared top priority task to be accomplished by 2015, again entirely within the framework of international law.36 Russia highlighted core interests in Arctic in 2007 when national flag was placed on the seabed at the North Pole and samples to prove the rights were taken; it was also wake up call for other nations interested in the region causing angry 34 F. Weir, Arctic resource race heats up, as Russia, Canada stake new claims, The Christian Science Monitor, Boston 11 December 2013, http://www.csmonitor.com/World/2013/1211/Arcticresource-race-heats-up-as-Russia-Canada-stake-newclaims-video [accessed: 20 September 2014]. 35 B. Van Pay, National Maritime Claims in the,…, op., cit. 36 Read: K. Zysk, Russian Arctic Strategy. Ambitions and Constrains, Joint Force Quarterly, Issue 57, 2nd quarter 2010, Fort Lesley, April 2010, the author is a senior fellow at the Norwegian Institute for Defence Studies (IFS), http://www.geopoliticsnorth.org/index.php?option=com_cont ent&view=article&id=100 [accessed: 15 September 2014].

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comments. Such the undersea expedition was a part of the carefully designed strategy “to collect scientific evidence for resubmitting to the UN Commission on the Limits of the Continental Shelf (CLCS) its request to confirm that some 460,000 mi2 of underwater terrain between the Lomonosov and Mendeleev ridges are the continuation of the Siberian shelf and thus could be added to Russia’s exclusive economic zone.”37 Again, the legal framework was applied to forward national agenda. The rhetoric however changed when Russia implemented the national Arctic Strategy in 200838 and emphasized ambitions to enhance global role, including Arctic as a vital constituent of strategic interests. The document “emphasizes the region’s importance to Russia’s economy as a major source of revenue, mainly from energy production and profitable maritime transport. A main goal is to transform the Arctic into Russia’s top strategic base for natural resources by 2020, and preserve the country’s role as a leading Arctic power.”39 Other objectives are „...in the sphere of socioeconomic development, to expand the resource base of the Arctic zone of the Russian Federation, which is capable in large part of fulfilling Russia's needs for hydrocarbon resources, aqueous biological resources, and other forms of strategic raw P. Baev, Russia’s Race for the Arctic and the New Geopolitics of the North Pole, The Jamestown Foundation, Washington, October 2007, http://www.jamestown.org/uploads/media/JamestownBaevRussiaArctic_01.pdf [accessed: 28 September 2014]. 38 About Russian global role in energy security read: J. Perovic, R. Orttung, Russia’s Role for Global Energy Security, in: A. Wenger, J. Perovic, R. Orttung, Energy and the Transformation of International Relations, the Oxford Institute for Energy Studies, Oxford, 2009, pp. 117-147. 39 K. Zysk, Russian Arctic Strategy, GeoPolitics in the High North 2014, http://www.geopoliticsnorth.org/index.php?option=com_cont ent&view=article&id=100:russian-arcticstrategy&catid=52:uncategorised, [accessed: 24 September 2014]. 37

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material“40 as recognized by the president. In late March 2009, the Kremlin released the revised text of the strategy presenting “dramatic expansion of official Russian sovereign interests in what was previously agreed-upon as part of the so-called ‘global commons’.”41 It stressed the importance of two major regional domains: the North Sea Route and natural resources. Next, preservation and protection of the natural ecosystem; formation of a unified information space, and the importance of „international cooperation, guaranteeing mutually beneficial bilateral and multilateral cooperation between the Russian Federation and other Arctic states on the basis of international treaties and agreements to which the Russian Federation is a signatory”42 are also presented there. The document was divided into four main chapters: 1. Russia’s national interests in the Arctic; 2. Main goals and strategic priorities; 3. Fundamental tasks and means of realization of the state policy; and 4. Fundamental mechanisms of realisation of the policy. The strategy did not provide any clear differentiation between the various terms employed in the document (e.g. “interests”, “goals”, “priorities”, “tasks”, “means”, “mechanisms”). The first chapter „Russia's national interests in the Arctic” (or „National Interests of the Russian Federation in the Arctic“) described five main goals in the Arctic. First paragraph presented importance of expanding the resource base in the region to fulfil „need for hydrocarbon resources, Translated from the Russian by M. Rusnak and I. Berman, Russia’s New Arctic Strategy - The Foundations of Russian Federation Policy in the Arctic until 2020 and Beyond, Courtesy of the American Foreign Policy Council, The Journal of International Security Affairs 2010, http://www.securityaffairs.org/issues/2010/18/russia's_new_ arctic_strategy.pdf [accessed: 12 September 2014]. 41 M. Rusnak and I. Berman, Russia’s New Arctic Strategy,…, op., cit. 42 Ibid.

aqueous biological resources, and other forms of strategic material.” The second one deals with national security, stability of borders and military capabilities for their protection. Next chapters are concerned about “the preservation and protection of the natural ecosystem of the Arctic” and “formation of a unified information space in the Arctic zone of the Russian Federation”. The final one expresses the importance of „international cooperation, guaranteeing mutually beneficial bilateral and multilateral cooperation between the Russian Federation and other Arctic states on the basis of international treaties and agreements to which the Russian Federation is a signatory.“43 It was important document released ahead of some other actors and it provided foundation for future policy and developments in Arctic. It was based on ambitious guidelines for governmental bodies asking them to create their branch plans to complement the overall concept. However, it was very complex challenge and “as experience with the previous ambitious plans shows, achieving the goals may take longer than scheduled, if they are achieved at all.“ 44 It was very true prediction especially in the context of the Ukraine crisis in 2014 and international sanctions. Meanwhile, Russia was continuing attempts to solve other disputes with real progress. On 15 September 2010 Norway and Russia “ended a bitter 40year dispute over their maritime borders and signed a treaty that will allow for new oil and gas exploration” on the Barents Sea recognized by president Medvedev as “a ‘constructive’ model of how rival Arctic nations should settle their differences.”45

40

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Ibid. K. Zysk, Russia’s Arctic Strategy - Ambitions and Constraint, op., cit. 45 L. Harding, Russia and Norway resolve Arctic border dispute, Guardian 15 September 2010, http://www.theguardian.com/world/2010/sep/15/russianorway-arctic-border-dispute [accessed: 10 October 2014]. 43 44


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Nevertheless, Canadian hard stance, USA growing concerns and China’s emergence in the “Arctic Race” has made Russia worried. According to statements made by Admiral Vysotsky, Russia is not going to back one inch in the Arctic area it considers its own.46 Also NATO’s role in the area has alarmed Vysotsky who estimated that “Russia’s economic interests are threatened by the activities of NATO and a number of Asian countries in the Arctic”47 recognizing the need to support Arctic policy with all instruments of power including military one. The NATO presence was also criticized by Russian Foreign Minister Sergei Lavrov who stated that „NATO doctrines and analysis from time to time mentions that the military factor in the Arctic will grow as the struggle for resources intensifies. We are firmly convinced that there is no such problem in the Arctic that would require NATO participation.”48 Russia supported political statements by reinforcing its Northern Fleet, one of country’s four fleets, also two special Arctic forces brigades are to be established in the area. The most recent clash of statements has been that of Russia and Canada, as Ottawa has announced that it will expand its territorial zone all the way to the Pole. This again caused Russian president to react and he tasked Russian military, during a meeting of the Defence Ministry Board in Moscow, “I would like you to devote special attention to deploying

46 Russian navy chief warns of China’s race for Arctic, the Telegraph, 04 October 2010, http://www.telegraph.co.uk/news/worldnews/europe/russia/8 041997/Russian-navy-chief-warns-of-Chinas-race-forArctic.html [accessed: 13 September 2014]. 47V. Baranov, Russia concerned by NATO, Asian states’ activities in Arctic, RIA Novosti, 06 July 2011, http://en.ria.ru/russia/20110706/165057023.html [accessed: 15 September 2014]. 48 I.Sekretarev, Lavrov: No Need for NATO Presence in Arctic, RIA Novosti, 20 October 2011, http://en.ria.ru/russia/20110706/165057023.html [accessed: 10 September 2014].

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infrastructure and military units in the Arctic”49. Still, any discussion condemning rights is triggering strong reactions e.g. by stating, that “the Arctic is an unalienable part of the Russian Federation that has been under our sovereignty for a few centuries” and “it will be so for the time to come.”50 Such the perception is still present e.g. according to Associated Press president Putin: “… angrily dismissed suggestions that the Arctic should be placed under the jurisdiction of the international community”, as it “is an unalienable part of the Russian Federation that has been under our sovereignty for a few centuries”.51 The main foundation is still valid as stated by President Putin: „More often the interests of the Arctic powers, and not only them, cross here - countries that are far away from this region are also expressing interest (in the Arctic)” so „in these conditions we must take additional measures not to fall behind our partners, to keep our influence in the region and in some aspects be ahead of our partners.”52 It means that proactive policy will be continued to stay at the forefront of the race for resources and national prestige. Russia will again try to forward its legal right to the UN in 2015 related to expansion of the Arctic shelf, although such the attempt failed 49

Russia fires back at Canada’s Arctic claims, vows increased military presence, the Canadian Press, the Province 11 December 2013, http://www.theprovince.com/news/Russian+president+fires+ back+after+Canada+salvo+Arctic+claims/9270757/story.htm l [accessed: 13 September 2014]. 50 V. Isachenkov, Putin: Russia to Expand Arctic Presence, Real Clear Defence 03 October 2013, reprint from the Associated Press, http://www.realcleardefense.com/articles/2013/10/03/putin_r ussia_to_expand_arctic_presence_106898.html [accessed: 14 September 2014]. 51 V. Isachenkov, Putin: Russia to Expand Arctic Presence, op., cit. 52 A. Anishchuk, Russia’s Putin wants beefed-up presence in Arctic, Reuters Moscow, 22 April 2014, http://www.reuters.com/article/2014/04/22/us-russia-putin11 arctic-idUSBREA3L1BN20140422, [accessed: September 2014].

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in 2001. Such the address is based on the results of the expedition by the Akademik Fedorov research vessel, which lasted from July to October 2014 performing “comprehensive studies to establish the geological and geophysical basis for assessing the petroleum potential of the continental shelf beyond Russia’s exclusive economic zone.”53 When saluting researchers, after their arrival to St. Petersburg, the Russian Minister of Natural Resources and Ecology Sergey Donskoy, said “I’m confident that it’s our shelf. All the specialists are saying that we have a very good application. The acceptance of this application by the Commission is virtually an acceptance of our geological model by the specialists from all other Arctic interests.”54 Such the statement supported by self-motivated research has been a signal of the multi-vector approach to Arctic. Not only military card is played but it is very pragmatic part of overall strategy, which is linked with Russian Arctic strategy of 2008 envisioning that region to become strategically important resources hub. It is really worth of an effort to get resources estimated to be some 106milliards tons of oil and some 70billions cubic meters of gas.55 The last events in Ukraine are not excluding potential military pressure also in the case of Arctic, which is of great importance in the long-term survival of Russia. It is also pointed out that Moscow does not trust the other actors in the Arctic and would be ready to use military force to protect and defend its interests in the area. Such the perception is supported by official statements as highlighted by president Putin in August 2014 during a meeting at a pro-Kremlin youth 53

1.2 million sq.km, 5 billion tons of fuel: Russia to apply for Artic shelf expansion, RIA Novosti, 29 October 2014, http://rt.com/news/200555-ussia-arctic-shelf-un/ [accessed: 30 October 2014]. 54 Ibid. 55 In the text the numbers are presented in the British English.

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camp when he reminded that Russia is nuclear power and “Russia’s partners … should understand it is best not to mess with us” and “our interests are concentrated in the Arctic. And of course we should pay more attention to issues of development of the Arctic and the strengthening of our position.”56 The message was very clear presenting strong political will to use all available means to support national interests in every area they are located. However, some contradictory signals could be found in relation to intentions, as Vice Prime Minister Rogozin stated, that “‘it’s crucially important for us to set goals for our national interests in this region. If we don’t do that, we will lose the battle for resources which means we’ll also lose in a big battle for the right to have sovereignty and independence” but Aleksandr Gorban, a former representative of the Russian Foreign Ministry, mentioned “war for resource … in the Arctic will never happen.”57 Such intentional leakages are showing that there is a will to continue peaceful cooperation, but the military units disposition is showing decisiveness in preserving own vital interests, especially as Russia will establish dominant forces and capabilities in the short time, based on developed strategy and funds to support such the program. ARCTIC AS RUSSIAN OPTION TO CONTINUE ECONOMIC DEVELOPMENT Economy is important for Russia for both domestic and international policy reason, and it was hit significantly as the result of the annexation of Crimea and the follow-on sanctions are still devastating for economy. It was the most important tool to force Moscow 56 S. Walker, L. Ragozin, M. Weaver, Putin likens Ukraine's forces to Nazis and threatens standoff in the Arctic, the Guardian 29 August 2014, [accessed: 11 September 2014]. 57 J. Mitchell, Russia’s Territorial Ambition and Increased Military Presence in the Arctic, 23 April 2014, http://www.foreignpolicyjournal.com/2014/04/23/russiasterritorial-ambition-and-increased-military-presence-in-thearctic/ [accessed: 09 September 2014].


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to rethink cost and effect of such the violation of international law. The gas agreement between Russia and Ukraine facilitated by EU and signed at the end of October 2014 proved however that Moscow is flexible and pragmatic in politics and is also concerned about budget income coming from selling natural resources. In that context Kremlin plans toward Arctic are more important to preserve supplier role especially as European nations are focusing now on the diversification of supplies looking to remove monopoly of the single supplier. Good example is Lithuania as because of liquefied natural gas (LNG) storage vessel ‘Independence’ it will be able to stop dependence on Russia having alternative sources and will buy gas at market prices. So, Russia needs Arctic and international financial and technological sanctions toward oil companies are hampering that effort. Such limitations are also hurting European businesses (e.g. French Technip and Total, Dutch Shell, Italian Saipem, Norwegian Statoil) as they have had planned to cooperate with Russians. Nevertheless, in August 2014 American giant ExxonMobil started exploration of oil in the region in cooperation with Rosneft based on estimate that „beneath the Kara Sea, north of Russia’s Siberian coastline, lies more oil than can be found in the whole of the Gulf of Mexico.“58 According to Rosneft, the oil field Universitetskaya is used to “test the potential of the unexplored the Arctic Ocean. The geological structure targeted by the drilling is roughly the size of the city of Moscow and may contain as many as 9 billion barrels of oil.”59 The cooperation was an effect of a

58 G. Chazan, J. Farchy, Russia Arctic energy ambitions jeopardised by western sanctions, Financial Times 01 September 2014, http://www.ft.com/cms/s/2/41d19b16-31c9-11e4-a19b00144feabdc0.html#slide0 [accessed: 05 September 2014]. 59 S. Bierman, E. Gismatullin, Exxon Drilling Russian Arctic Shows Sanction Lack Bite, Sanctions, what sanctions? Bloomberg L.P. (08 August 2014),

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contract to hire the rig, which was signed before the conflict in Ukraine and as such was not a matter of any sanctions. That teamwork has been beneficial for ExxonMobil as its production drop to record low in last five years and the ‘Universitetskaya’ has been supposed to be worth some 700mln USD. The drilling equipment was provided by the SeaDrill Company. Moscow was vitally interested in the continuity of cooperation and access to technologies as “Arctic region and its deposits are of crucial importance – at stake it is to maintain oil production level above 10 million barrels a day.”60 Nevertheless, the ExxonMobil finally stopped cooperation in October 2014 as an effect of international sanctions, but the cooperation will be continued as soon as it will be an option. According to Grigoriy Birg, gas and oil analyst at Investcafe, “sanctions could not last that long to seriously affect the long-term strategic partnership of Rosneft and ExxonMobil,” and “both sides are investigating options available to them on how to continue cooperation without breaking the sanctions.”61 The US concern in cooperation with Rosneft, Sodeco and ONGC is still continuing the Sakhalin-1 project to develop „three oil and gas fields off the northeastern coast of Sakhalin Island in Russia’s Far East“ and also http://www.bloomberg.com/news/2014-08-08/exxon-drillingrussian-arctic-shows-sanction-lack-bite.html [accessed: 05 September 2014]. 60 T. Grymkiewicz, Sankcje? Amerykanie razem z Rosjanami szukają ropy. Putin dał znak, by zacząć odwierty, (Sanctions? Americans together with the Russians are looking for oil. Putin gave the signal to start drilling), BIZTOK.pl 09 August 2014, http://www.biztok.pl/gospodarka/sankcje-amerykanie-razemz-rosjanami-szukaja-ropy-putin-dal-znak-by-zaczacodwierty_a17210 [accessed: 05 September 2014]. 61 A.Nikolsky, Western Sanctions on Russia Will Not Affect Rosneft-ExxonMobil Partnership: Oil Analyst, RIA Novosti, 01 October 2014, http://en.ria.ru/analysis/20141001/193501667/WesternSanctions-on-Russia-will-not-Affect-RosneftExxonMobil.html [accessed: 05 October 2014].

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LNG terminal.62 For the government the continuity of production by Rosneft is important as the company, exploring some 40% of overall oil production in the country, is important provider of funds to the national budget. So, the lack of loans and new technologies could cause even its collapse in long-term. It has already supported the company by borrowing some 40bln USD to pay debts connected with purchasing (55bln USD) the TNK-BP (Tyumenskaya Neftyanaya Kompaniya) and next year there is still a significant instalment to pay (12bln USD). However, there are restrictions for exploration projects as they are costly e.g. the oil production in Gazprom Neft’s Prirazlomnoye oil field (estimated 530mln barrels of oil) has been economical profitable only due to the special government tax discounts.63 Looking into developments and challenges to the exploration of Arctic it is still in its introductory phase and it will take time to achieve desired outcome from gas and oil fields; so it will not support the Russian economy in short time. Especially as the progress and utilization of resources requires cooperation and investments of international oil and gas companies, which are possessing required technologies. In that context the situation in Ukraine might scare, and sanctions discourage, the companies causing even their withdrawal from some projects, although they have already invested significant funds.64 As result, the sanctions will have long-term effect on Russian intensions influencing budget revenues, which are heavily related to natural resources. Ibid. N. Cunningham, Russia ships its first Arctic oil. Is a boom coming? Energy/Environment Energy Voices, The Christian Science Monitor 21 April 2014, http://www.csmonitor.com/Environment/EnergyVoices/2014/0421/Russia-ships-its-first-Arctic-oil.-Is-aboom-coming [accessed: 11 September 2014]. 64 D. Trenin, P. K. Baev, The Arctic A View from Moscow, Carnegie Endowment for International Peace, Washington 2010, pp. 22-23. 62 63

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Especially as technologies for exploration of such deep water deposits are not available. Moreover, shale gas discoveries within Russia will be probably stopped as only USA companies are possessing modern technologies to enable exploration, so Arctic is even more important. Another risk is related to ageing gas and oil infrastructure requiring huge funds to continue export, and the flow of funds coming from new sources is rather critical to ensure investments. Additionally, the money is linked with future plans to develop infrastructure to process raw materials and to export high quality processed products, as long term strategy. It is especially linked with oil and the strategy will significantly suffer as effect of the West Europe and USA political and economic pressure. What is important the sanctions are less affecting gas companies as there is a reasonable threat that Russia could stop supplies to Europe, especially as the winter is about to happen. There is another interesting factor related to bilateral Russia and Japan relations as Arctic is slightly warming relations between the two countries. As Japan is a huge importer of energy sources, the North Sea Route (NSR) is of growing importance as it “cuts the travel time from Hamburg to Yokohama by about 40 percent compared to the Suez route, with fuel savings of 20 percent“65 and other costs e.g. insurances. As there are tensions with China (Diaoyu/Senkaku Islands) the NSR is providing future option. So, economic interests are helping to overcome differences. The joint efforts were presented when Japanese explorer Inpex Corporation signed an agreement with Rosneft in May 2013 to explore two Russian oil fields in the Okhotsk Sea and Moscow supported Tokyo’s candidacy for the 2020 Olympic Games. The cooperation is important for Russia as it is S. Pourzitakis, Japan and Russia: Arctic Friends, The Diplomat (01 February 2014), http://thediplomat.com/2014/02/japan-andrussia-arctic-friends [accessed: 02 August 2014]. 65


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supporting bypassing EU sanctions when looking for highly desired technologies. Moreover, by building new LNG terminals it could have direct access to the Asian market, which is hungry for resources, without a need to build expensive pipelines. The bilateral relations between Russia and Japan are shaping the dynamics on international relations creating some sympathy among countries based on pragmatic politics. There are other concerns for Russia as the productivity of the Siberian oil fields in decreasing slowly, so new options are strategically important to preserve important role on the international energy market in the long perspective. Additionally funds are required to make new investments, and to look for than previous partners who could provide technologies. The symptom of search for money has been the decision to consider selling to China shares in an oil and gas Vankor Field in Eastern Siberia66. The deal could be speeded up by constant the reduction of crude oil (Brent) prices down to 73 USD/bbl at the end of November 2014.67 Especially as much as 50% of Russian export relies on oil and some 20% on gas, so every price drop means deficiencies within national budget. It has also military dimension related to ongoing and rather ambitious program of the modernization of armed forces. The effort to extend military presence in the Arctic is linked with support for regional national claims and interests. Decrease of prices could influence revision of budget and some sectors on national economy could suffer, especially as there are prediction that the oil price will J. Bolanowski, Wielkie problemy Rosnieftu. Putin szuka ratunku w Chinach (Great problems of Rosneft. Putin seeks relief in China), Biztok wp.pl, 09 September 2009, http://www.biztok.pl/gospodarka/wielkie-problemy-rosnieftuputin-szuka-ratunku-w-chinach_a17571 [accessed: 10 September 2014]. 67 Energy & Oil Prices. Crude Oil & Natural Gas, BloombergView.com as of 31 November 2014. http://www.bloomberg.com/energy/ [accessed: 01 December 2014]. 66

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still gown down below 70USD/barrel and GAZPROM will be forced to downgrade gas prices for some nations. So, there is a hope that “if economic incentives are driving combatants to fight, then altering those incentives by measures that move their costbenefit calculus in favour of peace may also induce them to cease fight.”68 Such the peaceful consequence could be an outcome of the international pressure on all the countries to look rather for common benefits than conflict. Even OPEC summit in November 2014 did not provide desired effect and oil prices are still going down. Russian economy is suffering because decreasing oil prices, US and UE sanctions based on still ongoing instability in Ukraine, which is also one of major trading partners for Russia, directly causing its economic downturn. The Russian Rouble is still losing toward Euro and US Dollar and it reached at the beginning of December 2014 record low level reaching exchange rate more than 60 Roubles to Euro and more than 50 Roubles to US Dollar69 with negative likelihood. The Bank of Russia is trying to support national currency by raising interest rates, which is criticized as there is possibility that side effect will be further slowdown of economic growth, which reached only 0.7 % in the third quarter of 2014. Moreover, inflation reached 8% and some 100bln USD of capital is supposed to leave country throughout the year70. The status of the international reserves of the 68 K. Ballentine, Beyond Greed and Grievance…, op. cit., p. 273. 69 As of 01 December the exchange rate went down to 63.63 Roubles to Euro and more than 51 Roubles to US Dollar. Follow: Russian Rouble Exchange Rate, Exchange Rates UK, http://www.exchangerates.org.uk/Russian-Rouble-RUBcurrency-table.html [accessed: 01 December 2014]. 70 Rosja: rubel spada, rośnie inflacja, słabnie wzrost gospodarczy (Russia: ruble is falling, inflation is rising, economic growth is weakening), Polish Press Agency, Portal ONET Money, 28 October 2014, http://waluty.onet.pl/rosja-rubel-spada-rosnie-inflacjaslabnie-wzrost-g,18529,5662443,1,news-detal [accessed: 28 October 2014].

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Russian Federation went down to 428,6bln USD at the end of October 2014; some 12% compare to the beginning of the year71. Although, there is relatively good industrial production, the oil prices and ongoing sanctions are still decisive factors influencing Russian budget and until it will be stabilized the economy will not recover following expectation of the national leadership. It will cause revision of budget for incoming years (it was based on assumption then oil prices will not go lower than 90USD/barrel) and reduction of funds for all the national sectors including also military expenses; however those will be as restricted as possible. There is also side effect of budgetary cuts as lack of funds and stability is encouraging well educated scientists and managers to leave country as it happened after collapse of the Soviet Union. ARCTIC MILITARY RISE TO SUPPORT OTHER INSTRUMENTS OF POWER As mentioned previously, to support political statements the Northern Fleet is present in Arctic and two purposely created Arctic brigades are in the formation process. All the units will be subordinated to the newly created Northern Fleet-Unified Strategic Command (SF-OSK)72 integrating the Northern Fleet, land forces brigades, air force and air defence units and also all other necessary combat support and combat service support elements. The Command “will be responsible for protecting Russia’s Arctic shipping and 71 At the beginning of 2014 it was estimated as much as 509,5bln USD. See: International Reserves of the Russian Federation, Bank of Russia, Moscow, http://www.cbr.ru/eng/hd_base/default.aspx?Prtid=mrrf_m [accessed: 01 December 2014]. 72 Northern Fleet-Unified Strategic Command in Russian language: Severny Flot-Obedinyonnoye Strategicheskoye Komandovaniye (SF-OSK). Read: T. Pettersen, Russia to reorganize military forces in the Arctic, (17 February 2012), The Barents Observer, http://barentsobserver.com/en/security/2014/02/russiareorganize-military-forces-arctic-17-02 [accessed: 28 November 2014].

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fishing, oil and gas fields on the Arctic shelf, and the country’s national borders in the north”73 by enhancing abilities to plan and execute joint operations using more effectively available resources. The additional advantage will be provided as soon as the NSR will be navigable and the Russian Northern and Pacific Naval fleets will be able to support each other and the SF-OSK will monitor the sea lines of communication. The growing command and control set up and capabilities of units will create significant strategic deterrence effect toward other nations interested in Arctic and any forceful solution. It is a message that any option, including military one, is acceptable and feasible for Moscow to preserve national interest. Moscow is actively rebuilding former Sovietera military bases including some on the New Siberian Islands, along with development of military capabilities which are necessary to operate in remote and difficult area and climate with temperatures as low as -500C. The Islands are already the base for 10 military ships and four icebreakers being “a demonstration of force.”74 The long term intent is to create permanent bases for purposefully equipped and trained units, navy assets including upgrading fleet of nuclear-powered submarines and icebreakers - to patrol the waters. An important element will be a military town being, according to head of the Eastern Military District’s press service Colonel Gordeyev, „the modular blocks for the construction of military stations have been delivered to Wrangel Island and to Cape Schmidt. The complex will be assembled in the form of a star that allows the personnel to move freely inside the construction, limiting

Z. Keck, Russia to Establish Arctic Military Command, the Diplomat 21 January 2014, http://thediplomat.com/2014/02/russia-to-establish-arcticmilitary-command/ [accessed: 29 October 2014]. 74 J. Mitchell, Russia’s Territorial Ambition and Increased Military Presence in the Arctic, op., cit. 73


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exposure to cold temperatures as much as possible.”75 The Northern Fleet located in bases on the coastline of the Barents and Norwegian Seas, according to its commander Admiral Korolow, is supposed to acquire more than 40 modern vessels until 2020, following the program of the modernization of armed forces, including multirole, diesel powered submarines76. Among new submarines it is important to mention that newly build submarines K-550 ‘Alexander Nevsky’ and K-535 ‘Yuriy Dolgorukiy’, both the fourth generation Boreiclass ballistic missile submarines of the Project 955, joined the Fleet. Moreover, until the end of the year another Borei-class submarine (‘Vladimir Monomakh’), also armed with new submarine-launched ballistic missile

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(SLBM) ‘Bulava’, will strengthen the maritime force. The Navy is conducting continuously intensive exercise involving all types of combat units e.g. in September 2014 some 10 vessels and submarines (nuclear and diesel powered), supported by Navy Aviation, exercised in the Barents Sea. The focus was on mine warfare, antisubmarine and antisurface warfare employing both submarines and land-based mobile anti-ship missile batteries77. The Fleet is also conducting search and rescue exercises with Norwegian armed forces, codename “Barents”, to ensure high level of rescue services, which is related to the water and weather conditions in that sea.

Fig. 4. Russian nuclear submarine “Podolsk” in Arctic. Source: M. Dura, Ekologiczny nadzór nad odbudową rosyjskich baz w Arktyce, (Ecological supervision on rebuilding Russian Bases in Arctic), 15 October 2014, Defence24, http://www.defence24.pl/news_ekologiczny-nadzor-nadodbudowa-rosyjskich-baz-w-arktyce [accessed: 17 October 2014]. (Photo fromмультимедиа.минобороны.рф) A.Yudina, Russia Building Military Town in Arctic, RIA Novosti, 08 September 2014, http://en.ria.ru/military_news/20140908/192745152/RussiaBuilding-Military-Town-in-Arctic.html [accessed: 15 September 2014]. 76 Flota Północna otrzyma ponad 40 okrętów (The Northern Fleet will acquire more than 40 vessels), Radio Voice of Russia 08 April 2014, http://polish.ruvr.ru/news/2014_04_08/Flota-Polnocnaotrzyma-ponad-40-okretow-0300/ [accessed: 16 September 2014]. 75

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В Баренцевом море началось двухстороннее тактическое учение разнородных сил Северного флота, (The bilateral tactical exercise of the Northern Fleet in the Barents Sea started) Website of the Russian Federation Ministry of Defense, Moscow 09 September 2014, http://function.mil.ru/news_page/person/more.htm?id=11982 874@egNews#txt [accessed: 15 September 2014].

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The land units of the Russian armed forces will be composed of “a combined-arms force to protect its political and economic interests in the Arctic by 2020, including military, border and coastal guard units to guarantee Russia's military security in diverse military and political circumstances.”78 It will consist of previously mentioned two motorized rifle brigades situated in Murmansk and Arkhangelsk; the first is planned to be deployed and announced fully operational capable in 2015. The reorganization, equipping and training are already in progress. The transportation and mobility will be provided using MT-LBV armoured transport vehicles. The specialized units e.g. Special Forces reconnaissance units are also conducting trainings on the Kola Peninsula within experimental program simulating combat in the Polar Regions’ mountainous terrain. There were also airborne units’ drills and strategic bombers patrols to present variety of military options. Russian military industry complex is developing also purposely designed equipment to increase military capabilities and mobility in that specific terrain. Among them, new version of the helicopter Mi-8, named Mi-8AMTSz-WA ’Terminator’, was tailored to the extreme conditions of the region to provide transport and deliver fire support to land forces. Moreover, such airframes as: the Ka-52 ‘Alligator’, next-generation reconnaissance and combat helicopter, and also upgraded Mi24 – Mi-35M, which is multipurpose military transport helicopter for combat missions in day-and-night conditions in adverse weather, will join units there. To increase air defence capabilities a new combined short to medium range surface-to-air missile and anti-aircraft artillery weapon system 96K6 Pancyr-S1 conducted successfully Arctic tests. Russian air force will deploy MiG-31 interceptors and Russia to Field First Arctic Brigade in 2015, RiaNovosti 02 February 2012, http://en.ria.ru/military_news/20120221/171440711.html [accessed: 12 September 2014]. 78

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tactical aircraft at a Russian Arctic airfield in the urban settlement of Tiksi in northernmost Sakha Republic and at Anadyr airfield, capital of Chukotka Autonomous Area, as early as 2017. The distance from Anadyr to Alaska is just 750km and in the past it was the base for long-range aviation79. According to Lt. Gen. Mizintsev, head of the National Defense Management Center, „at least 13 airfields and 10 radar stations in the Arctic to safeguard the nation’s military security in the region.”80 The military presence is significantly growing causing symptoms of arms race to be followed by USA and Canada and growing potential of using force to preserve national interests. The Russian Series report, prepared by Defence Academy of United Kingdom, is declaring, that: „militarily, thanks to the Northern Fleet primarily, Russia is the dominant power in the region and looks set to further augment its military capability in the region throughout the rest of this decade”, so having it in mind it “looks set to keep all options open, should the ‘Arctic fist’ be required, rather than the ‘gloved hand.’ As an operational and home base for the country’s fleet of SLBM submarine cruisers, the Arctic also has great significance for the country’s national security. Thus, there would appear to be every likelihood that, if so required, Russia will use military force to maintain its position in the region.”81 The militarization of Arctic has Russia to Base MiG-31 Interceptors at Arctic Airfield: Air Force Commander, RIA Novosti, 15 October 2014, http://en.ria.ru/military_news/20141015/194110681/Russiato-Base-MiG-31-Interceptors-at-Arctic-Airfield-Air-Force.html [accessed: 17 October 2014]. 80 M. Fomitchev, Russia to Strengthen Arctic Border with 13 Airfields, 10 Radars, RIA Novosti, 15 October 2014, http://en.ria.ru/russia/20141028/194737649/Russia-toStrengthen-Arctic-Border-with-13-Airfields-10-Radars.html [accessed: 20 October 2014]. 81 S. J. Main, If spring comes tomorrow… Russia and the Arctic, Russian Series 2011, Defence Academy of the United Kingdom, Shrivenham 2011, http://www.da.mod.uk/publications/library/russianseries/20111017-SJM-Arctic-paper.pdf/view, pp. i, [accessed: 11 September 2014]. 79


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speeded up in 2014 and as stated by Defense Minister Shoigu during a military council meeting “we have set quite a pace in our foray into the Arctic,” and as on outcome “by the end of the year (2014) we will already deploy most of our units in the region – from Murmansk to Chukotka.”82 The statement is significant as automatically it will allow military control of 6,200km long Arctic coastal zone by the end of 2014. The funds dedicated to Arctic are sufficient as for now to and planned activities are about to be completed supporting politics and economy. The challenge could be a long term sustainment of armed force in the region, especially when USA and also Canada will try to balance those capabilities. But in every case the continuity of upgrading infrastructure along the NSR will be one of the future trends as it is strongly supported by political will based economic needs83. FUTURE AND CONCLUSIONS There are a few options for the future of Arctic cooperation and they vary from peaceful to conflict ones. The Russian International Affairs Council draws two possible security scenarios in the region. The first one, “negative security scenario“, assesses that military presence and hostility in the Arctic will increase and role of international organisations will gradually decline. The second one, “the positive security scenario“, is stressing the potential for enhanced international cooperation in Arctic. As such, “actualization of the Arctic problems by a military-political bloc dominating in the world offers an opportunity to construct a new architecture of international relations in the

82 A. Petrov, Russian Bases to Span Entire Arctic Border by End of 2014, RIA Novosti, 21 October 2014, http://rt.com/news/197936-russia-arctic-military-shoigu/ [accessed: 26 October 2014]. 83 Read also: S. J. Main, If spring comes tomorrow…, op., cit., pp. 51-58.

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Arctic based on positive security.”84 The recent Russia – Ukraine crisis and revised perception of Moscow by European nations and US might complicate the „positive security scenario” and cooperation in Arctic by raising doubts about willingness to comply with the UNCLOS and to cooperate with the Arctic Council. The reopening of the old Soviet military bases in the region and cancellation of exercises e.g. Norwegian – Russian - US naval training „Northern Eagle” are showing that the future is not easy to predict.85 At the same time other actors are trying to increase their presence in the region, not excluding military domain, to gain as much as possible. Canada is no exception and it is ready to implement compromise approach within several options to solve disagreements, mainly with US. It strives to accomplish a credible and convincing presence in the region, but so far the inputs have been somewhat modest. US on the other hand has not showed overly enthusiasm on the Arctic issue until releasing key documents defining national strategy in recent years. Its stance is that great parts of the Arctic Sea, which Canada considers as inner area, are actually international waters. What makes this more difficult, from legal point of view, is the fact that USA has not ratified the UNCLOS. Washington is now preoccupied in Pacific region recognizing it as key for national interests86, nevertheless Arctic vigilance is 84 A. Shaparov, NATO and a New Agenda for the Arctic, Russian International Affairs Council, North (Arctic) Federal University, 24 September 2013, http://russiancouncil.ru/en/inner/?id_4=2377#top [accessed: 16 October 2014]. 85 H. Mikkola, The Return of Realpolitik? The deepening crisis in Ukraine may spill over to the Arctic, The Finnish Institute of International Affairs, FIIA Comment 6/2014, Helsinki 2014. 86 Read also in: M. Spangler, Rebalancing the Rebalance, Parameters Summer 2014, Vol. 44 No. 2, US Army War College, The Strategic Studies Institute, Carlisle 2014, http://strategicstudiesinstitute.army.mil/pubs/parameters/issu es/Summer_2014/5_Spangler_Article.pdf [accessed: 31 October 2014].

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growing as also Asian actors are interested in it. Such the shift in policy is recognized in Moscow but Russia is still inferior regarding real power projection capability to match that of the USA, and is trying to influence mainly through different international organisations and by winning time in developing necessary infrastructure. It is interesting to see how both use soft language and then again confrontational tones based on a situational change. In that respect Russia’s objectives are quite clear and far reaching; if they will materialize, it would be by size the major player in the region ready to challenge any opponent. China’s interests have also increased lately to ensure that it will not be excluded from the use of the region if all positive resources predictions will come true. It is boldly exploiting the global economic situation to gain a better position in Arctic. The country has a lot of economic power and it is using it mainly to affect the smaller Arctic Council states and is also trying to preserve good relations with Russia. Although they have benefitted of it today, in the long run this could not be in the best interests of the council members, especially as Beijing prefers bilateral talks. It is observing the military buildup especially by Russia and US and as for now is not ready and capable to follow them. The report, created already in 2009, highlighted that „it is unclear whether Russia, either alone or with potential allies, would have to resort to military means to reach such political or economic gains from energy, or whether non-military opportunities already exist for it to achieve gains through the manipulation of its export supplies and its geographic domination of major transportation routes and existing export infrastructure for the former Soviet Union states”87. They studied cases of Ukraine, Georgia, Lithuania,

Belarus and also Caspian and Central Asia nations as examples of military and economic pressure to achieve political goals88. The commutation between actors is still ongoing and during meetings, e.g. SIPRI workshop in Moscow in October 2013 the consensus seemed to prevail as “participants agreed that an armed conflict in the Arctic is highly unlikely and that the Arctic is one of the most stable regions in the world.” Although, “at the same time, the possibility of future conflict cannot be completely overruled but if conflict does happen it is more likely to be the result of spill-over from conflicts elsewhere. There may be a need to develop confidence-building mechanisms to avoid misunderstandings between the Arctic states in respect to traditional security issues.”89 In that context the events in Ukraine during the second decade of 21st century could be a warning that Russia, but also other nations, could be willing to use all necessary means to forward their political agendas in solving territorial disputes and claims. In relation to Arctic it changes the situation by threatening possible developments. Nevertheless, so far nothing indicates that the disputes would cause major instability over the exploitation of the area but development of military capabilities is the alerting factor. The approach of each single nation toward Arctic differs and is based solely on national interests, which is possible to understand. At the same time countries (USA, China, Japan, others) and organizations (EU, NATO) are still trying to revise policies and strategies to fit the situation and risks. It is important, as the final status is still not defined and some decisions by UN are to be taken, which is giving an advantage to countries with veto right there. It is linked with recognition that region could be an arena of power struggle, but as for now

A. M. Jaffe, R. Soligo, The Russian connection, in: M. D., Russel J. (ed.), Energy Security and Global Politics. The militarization of resource management, the Routledge Global Security Studies, New York 2009, p. 122.

Ibid., pp. 126-130. 1 Oct. 2013, Russia’s Strategy for Developing the Arctic Region Until 2020, op. cit.

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there is lack of power projection capabilities to influence situation by single actor, so politics, engagement within international organizations’ framework and economy are major tools. The future continuity of the global warming processes is a question and opinions are differing, nevertheless the process is still ongoing requiring development of clear way ahead for every player in Arctic. The sea routes will be open in some time and it could be used as a part of economy and political games by Russian possessing longest shoreline in the Arctic Sea. Positive signals are Russia – Norway treaty in the Barents and recognition of the UNCLOS, the Arctic Council and OSCE. Kremlin currently needs also positive developments for internal policy purposes to convince people that it is respecting international law when claiming just historical territories being focused on the prosperity of own people and all the steps in Arctic are just to preserve and raise their quality of life. Professor Skrzyp when discussing geopolitics in the context of resources recognized that “the great game of world powers is ongoing for access to those resources and their transport routes, called by some the geopolitics of pipelines or geo-economics. Geopolitics of tomorrow, in my opinion, is the global conflict of strategic raw materials, mainly oil and gas”90. It applies to Arctic as rich resources and geostrategic location make it the area of interests for many nations and potential hotspot of the tomorrow. In the nearest future any open conflict is not an option for Russia as it is preoccupied with European affairs and needs time to stabilize unbalanced economy. On the other hand Crimea case is making European nations very occupied on the continent and it is making Arctic not main effort for EU and NATO at J. Skrzyp, Geopolityka „wczoraj, dziś i jutro” (Geopolitics „yesterday, today and tomorrow”), Przegląd Geopolityczny ed. 2, Institute of Geopolitics, Częstochowa 2010, p. 23.

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least for now. But, for that reason Moscow’s stance toward Arctic will be rather strongminded as there is a lot to lose in the case of negating, even partially, its national interest there by other actors. By implementing very decisively and attentively comprehensive approach toward Arctic, Russia is winning the first stage of the long-term race toward future benefits.

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CONFERENCE REPORTS


SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES NO. 12;

2014 (237-238)

VII. ROČNÍK MEZINÁRODNÍ VĚDECKÉ KONFERENCE „BEZPEČNÁ EVROPA 2014“ - CONFERENCE REPORT Jacek Piwowarski, M.A. Michał Twardosz, B.A. School of Higher Education in Public and Individual Security “Apeiron” in Cracow, POLAND 1. ICLE INFO

On November 18th, 2014, in the Higher School of Karlovy Vary in Czech Republic held an international conference on security in Europe. It was attended by representatives of the institutions, schools, public services such as the military, which are associated with security. The representative of School of Higher Education in Public and Individual Security “Apeiron” in Cracow was Rector Juliusz Piwowarski, Ph.D.

The conference was attended also by representatives of the Slovak Republic, Germany, Czech Republic and Ukraine. The conference started at 9:00 am with registration of the participants. Then about 9.40 there was a short press conference about safety and the role of the conference. At 10.00 am. there was an official opening of the conference and welcoming of all attendees. The first speaker was the recently appointed Rector of the University of Karlovy Vary - Ing. Dana Roubínková, Ph.D. Participants were

also welcomed by the Mayor of Karlovy Vary Ing. Kulhánek. The last speaker was the former Rector of the School Prof. VSKV Viktor Porada, who asked the participants to present the materials they have prepared.

The first speaker was Brig. gen. Ing. Andor Sandor - Security Advisor, former head of the Military Intelligence Service in the Czech Republic. He gave a very interesting lecture on "International cooperation interview, with an emphasis on current geopolitical situation in Ukraine and Islamic countries". Another instance involved "Security in Europe from a political point of view" was delivered by a member of the Committee on European Union Affairs of the Czech Republic. The presentation discussed all aspects of security research and theories of law and political science in the context of European security. The subject of globalization, its impact on the security environment and its complexity was covered by the presentation of Ing. Ladislav 237


Jacek Piwowarski, Michał Twardosz, VII. ROČNÍK MEZINÁRODNÍ VĚDECKÉ KONFERENCE „BEZPEČNÁ EVROPA 2014“ …

Ceri, dr. of the Military Office of the President of the Slovak Republic. The next speaker was the Rector and founder of Higher School of Public and Individual Security "Apeiron" in Cracow Juliusz Piwowarski, Ph.D., who gave a presentation about individual and social dimensions of safety culture vs. human and social capital. The next topic discussed was migration in the context of the European Union and trends in crime in the Slovak Republic in years 2007 – 2014, presented on the basis of research that included participation of the victims. This presentation provided a lot of information about safety of our southern neighbors. Before 12.30 there was a discussion followed by refreshments. Approximately at. 13.00 was held the second part of the conference. The first topic was terrorism, historical radicalism and separatism. The next one concerned the methods of forensic examination of crime of an extremist context. There were also issues related to cybercrime and its influence on children, the influence of the structure of the Police of the Slovak Republic on the effectiveness and conduct explanatory. Discussed were also topics of protection services in Czech Republic, health care, emergency medical services, prehospital help in emergency cases and biological risk related to the assistance of wounded and injured. Very interesting speech was delivered by Doc. JUDr. Dr. Ivo Svoboda, Ph.D. and Doc. Ing. Louis Juříček, Ph.D. lecturers from Karla Collegium Englise and Masaryk University in Brno, who were discussing a mathematical model of the behavior of 6.35 mm caliber Browning ammunition analyzing real head gunshot wounds. A representative from the Fire Department Karlovy Vary gave a presentation about Integrated Rescue System based on the example of the airport in their town. After this speech the discussion started, which was to be an introduction to the last part. The attendees after a short break 238

including a quick coffee, returned to their seats. The last part was more psychologicaloriented, presentation topics related to, inter alia, psychological assistance to the victims of the attack, personality theory in respect of criminal behavior and psychosocial services. In this section one of the speakers gave a specific show, as he hypnotized his assistant. That was a very interesting experience for the public.

Prof. JUDr. Ing. Viktor Porada, MD., Dr. h. c. mult. - Prof. Dr .. Květoň Holcr, MD. gave a presentation on formation and development of the safety science and, including some inspiring suggestions on the structure of the international research project. The last lecture was delivered by JUDr. Petr Ibl, PhD. VSKV the director of the institute. The subject of hios presentation was prevention of negative phenomena in the College community. The entire conference was a very interesting and valuable contribution to the development of security studies. Each speaker was prepared perfectly for his speech and was able to answer even the most difficult questions which fell out of the room. Such initiatives, which allow the most prominent specialist in the field of security research meet and jointly discuss issues relevant for this branch of studies are very important and should definitely be supported and continued in the future.


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