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SECURITY DIMENSIONS INTERNATIONAL & NATIONAL STUDIES FROM PERSONAL TO GLOBAL SECURITY

SCIENTIFIC JOURNAL

NO. 10 (2/2013)

GLOBALIZATION & SECURITY. EUROPEAN PERSPECTIVE


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

EDITED BY

ROBERT CZĘŚCIK JANUSZ GIERSZEWSKI JULIUSZ PIWOWARSKI ALEKSANDRA SKRABACZ

SCIENTIFIC JOURNAL

10 (2/2013) GLOBALIZATION & SECURITY. EUROPEAN PERSPECTIVE NO.

CRACOW J ULY –D ECEMBER 2013


SCIENTIFIC BOARD:

Assoc. Prof. Tadeusz AMBROŻY Ph.D., Poland Assoc Prof. Stefan BIELAŃSKI, Ph.D., Poland Prof. Yuriy BOSHYTSKYI, Ukraine Wojciech CZAJKOWSKI, Ph.D., Poland Brig. gen. Prof. Ing. Miroslav KELEMEN, Ph.D., Slovakia Doc. Štefan KOČAN, Ph.D., Slovakia Prof. JUDr. Wiesław KOZUB-CIEMBRONIEWICZ, Poland Prof. Jerzy OCHMANN, Ph.D., Poland Juliusz PIWOWARSKI, Ph.D., Poland Prof. JUDr. Ing. Viktor PORADA, DrSc., dr. h. c. mult., Czech Republic JUDr. Karel SCHELLE, Ph.D., CSc., Czech Republic Prof. Łukasz TRZCIŃSKI, Ph.D., Poland Assist. Prof. Alessandro VITALE, Italy Prof. Janusz Józef WĘC, Ph.D., Poland JUDr. Jozef ZAT'KO, general poručik ICOCRIM, Slovakia

EXECUTIVE EDITORS:

Patrycja WĘGLARZ Radosława RODASIK

REVIEWERS:

Prof. Stanislav DADELO, Ph.D. (Lithuania) Jerzy DEPO, Ph.D. (Poland) Adam GOŁUCH, Ph.D. (Poland) JUDr. Wojciech M. HRYNICKI (Poland) Prof. Kuba JAŁOSZYNSKI, Ph.D. (Poland) Barbara KACZMARCZYK, Ph.D. (Poland) Assoc. Prof. Krzysztof KAGANEK Ph.D. (Poland) Doc. Štefan KOČAN, Ph.D. (Slovakia) Doc. Ing. Jozef MARTINKA, PhD.. (Slovakia)

Doc. Ing. Jana MÜLLEROVÁ, Ph.D. (Slovakia) Bogusław PŁONKA, Ph.D. (Poland) Robert SOCHA, Ph.D. (Poland) Prof. Lyubomyr SOPILNYK, Ph.D. (Ukraine) Ing. Doc. Inga URIADNIKOVA (Ukraina) Prof. Bernard WIŚNIEWSKI, Ph.D. (Poland) Assoc. Prof. Larisa A. YANKOVSKA, Ph.D. (Ukraine) Doc. Vasyl ZAPLATYNSKYI, CSc. (Ukraine) Doc. JUDr. Vladimir ZOUBEK, LL.M., MBA. (Czech Republic)

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

Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego APEIRON w Krakowie

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e- mail: science@apeiron.edu.pl

JOURNAL ALSO AVAILABLE AT: www.apeiron-wydawnictwo.pl ISSN 2299-4041

SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES

10 2013


Phot. Kamila Boruc

Warmest wishes for 2014 may this year be special and unique with lot of happiness and peace, and may the New Year bring us more wonderful opportunities to work together. Editorial Board and Cracow Research Institute for Security & Defense


Security Dimensions: International & National Studies

10 2013 CONTENTS INTRODUCTION

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INFORMATION FOR THE AUTHORS

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GLOBALIZATION & SECURITY. EUROPEAN PERSPECTIVE

ROBERT CZĘŚCIK, J. RADOSŁAW TRUCHAN Active Shooter – Challenge for Law and Tactics in Europe

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MARIATERESA GAMMONE The European frontier in our global village

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KUBA JAŁOSZYŃSKI A Rescue Shot – Resolving Hostage Situation in Police Operations

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JULIUSZ PIWOWARSKI Wide Comprehension of Securitology in Culture of National Security

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ISABEL MARIA FREITAS VALENTE European Union – Police and Customs cooperation. A historical perspective

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ANTONIO VIOLANTE The creation of the Kingdom of Croatia in 1941 on the pages of the periodical “L’Illustrazione Italiana”

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ALESSANDRO VITALE The EU’s notion of territoriality: the “Westphalian memory” vs. the “new Empire”. Consequences for the Macro-regional Dimension of the Adriatic Sea Region

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KAREL SCHELLE Die Anfänge der europäischen Integration – erste Bemühungen um kollektive Sicherheit in Europa

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SECURITY STUDIES. VARIA TADEUSZ AMBROŻY, JULIUSZ PIWOWARSKI, MATEUSZ NOWAK Anthropomotor Parameters, Special Efficiency in Dispositional Group Training Kick-Boxing and Intensive Circuit Training

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ANDRZEJ CZOP, MAREK SOKOŁOWSKI` The foundations of law and security culture in Japan

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STANISLAV DADELO Evaluation of competences possessed by security guards employed by private security

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KAJA KOWALCZEWSKA To What extent Private Military Corporations have International Legal Personality

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PAULINA LEDWOŃ 104 The abolition of the co-ownership as the method of elimination threats arising from unregulated legal status of the real estate ROMAN MICHALOVIČ Special Technologies of Rescue system in Russian Federation for forest fires

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JANA MÜLLEROVÁ Measurability and objectivity of crisis management effectiveness

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ALEKSANDRA POWIERSKA Social media in the PR activities of the Polish uniformed services using the example of the “Polish Police” Facebook profile

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RADOSŁAWA RODASIK, EWELINA ĆWIERTNIA, ALEKSANDRA SKÓRZAK Communication and Language in Prison

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JOANNA STOJER-POLAŃSKA, TOMASZ KONOPKA Homicide with a Single Stab Wound

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OLGA M. TYTARENKO Environment adult education as a part of the social security policy

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ANDRZEJ WAWRZUSISZYN Security management versus educational practice

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MICHAŁ ZAJDA Reflections on the mechanism of the authoritarian system of The Polish People's Republic based on actions of the Security Service towards Tadeusz Pankiewicz – The Righteous Among The Nations of The World

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SECURITY: ECONOMY & LAW

LYUDMYLA GARASYM Trends improvement of personal management service industries

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MYRON LESKIV Dependence of professional features and needs of development of personnel management from character accentuation

171

JEANNA VITALIVNA SEMCHUK Analysis of social structure and evaluation indicators of enterprise development

177

ROSTISLAV LYUBOMYRVICH SOPILNYK Legal implications convictions

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VITALY MAKHINCHUK Development of alternative ways of entrepreneurial dispute resolution in Ukraine

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Security Dimensions: International & National Studies

10

2013

INTRODUCTION It is infrequent that scientific initiatives have a lasting and valuable continuation. It has happened in the case of 10th issue of the periodical SECURITY DIMENSIONS: INTERNATIONAL & NATIONAL STUDIES in which published are articles of international scientific community focused on issues regarding various elements of culture of national and international security. A growing number of them brings joy, as it indicates an increase of interest in security issues. High level of scientific articles, confirmed by the international team of scientific reviewers, rejoices even more. We decided to dedicate the 10th number of our periodical to the subject of European integration and globalization issues since they seem to be of high importance in modern security policy. Authors from Italy, Portugal, Poland and Czech Republic were discussing in their articles the most important problems regarding this subject (the beginning of European integration, historical analysis, case studies and much more). We support integration and cooperation of countries, especially on the area of scientific researches. Our aim is to create an international environment of scholars, who are committed to the matter of security and future of Europe and of the world. We believe that cultural differences are not an obstacle for cooperation, but quite the opposite – a valuable way of mutual inspiration. Therefore we decided to publish one paper in every issue of our periodical in another congress language. This time I am pleased to recommend a paper written in German by JUDr. Karel Schelle, Ph.D., CSc. from Czech Republic.

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This volume consists of twenty five articles that reflects variety and richness of scientific interests of their creators. Articles were divided into three chapters. The first is entirely dedicated to the abovementioned topic of globalization and European integration. The second consists of thirteen articles which presents variety of issues in the area of security studies. Authors except from matters, which are the object of wide interest (such as securitology or legal aspects of security culture) also take up gladly the issues of criminal conceptions, forensic medicine, technical and tactical schooling of defense specialists, and forensic linguistics. I am pleased to note the appearance of valuable and scientifically relevant papers regarding intensively discussed phenomena of security, such as PR and social media. The last chapter includes papers, which are an effect of scientific research conducted by scholars from Ukraine, who deal with economical and legal aspects of security on international, national and entrepreneurial level. Recommending this volume with confidence to readers interested in widely comprehended subject of security science, I address my words of appreciation and encouragement to our further assiduous work on acquiring knowledge on security, and cooperation with the APEIRON Publishing House. Therefore I mustn't pass over in silence the obvious merits of academic lecturers from Poland, including AON, WSPol, WSBPiI Apeiron and securitological communities from Czech Republic, Italy, Portugal, Slovakia, and Ukraine, without the kind interest and support of whom, this publication wouldn't have gained such a wide representation and satisfactory range of issues. Chief Editor,

dr Juliusz Piwowarski


Security Dimensions: International & National Studies

10

2013

INFORMATION FOR AUTHORS 1. 2. 3.

4. 5.

6. a) b)

7.

a) b)

c)

8.

The Editorial Boards accepts papers of at least 6 pages in length. Papers must be in English (either British or American). We accept also 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 Articles should be saved into a Wordcompatible file (.doc, .docx, .rtf). Font type: 12 Times New Roman CE or an equivalent Cyrillic font; single space of 1.5 lines; standard margins (2.5 cm); alphabetic, numbered references at the end of the text. Each paper should include: An abstract of maximum 100 words underlying the main points of the article. 3-5 key words, both in the language of the paper and in English. References should only include publications cited in the article and should be fitted to the pattern provided below: For books: RosaR., Filozofia bezpieczenstwa, Bellona, Warszawa 1995. For articles from periodicals: Koziej S., Bezpieczenstwo i obronnosc Unii Europejskiej, „Myśl Wojskowa” 2005, no. 1. For articles in books: Kudelska M., Filozofia Indii - kilka uwag wstępnych, [in:] Filozofia Wschodu, v. I, B. Szymańska (ed.), Uniwersytet Jagielloński, Kraków 2001. Footnotes should be placed at the bottom of each page and follow the pattern provided

a) b)

c)

d)

9.

10. 11. 12. 13. 14. 15.

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. For articles in books: M. Kudelska, Filozofia Indii - kilka uwag wstqpnych, [in:] Filozofia Wschodu, t. I, B. Szymańska (red.), Uniwersytet Jagielloński, Kraków 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 Dimension,” authors transfer the copyrights to the papers to the Publisher. Please enclose a statement to that effect.

Please direct your correspondence to

science@apeiron.edu.pl

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WHAT IS APPROPRIATE FOR US? We welcome submissions on widely comprehended security. Papers of nonscientific character that consists merely of opinion are generally rejected. Our rule is to define “security” broadly, so the topics of analyses we are interested in are numerous, below please find only few examples of them: 1.

THEORY OF SECURITY STUDIES, including new propositions of definition of relevant concepts and attempts of applying existent theories that are important for contemporary securitology.

2. TECHNOLOGY, i.e. analysis of all kinds of technological aspects of national and international security.

4. DISPOSITIONAL GROUPS, analysis of schooling, trainings and work of uniformed services, antiterrorists and other. 5. LAW, analysis of legal aspects of national and international security and order. 6. HISTORY, new interpretations of or new informations on historical events. 7. Policy, analysis of contemporary security policy issues. 8. FORENSIC SCIENCE and criminalistics. 9. ETHICS, analysis of ethical aspects of administration, praxeology, combat sport etc.

3. MARTIAL ARTS, papers regarding philosophy of modern and traditional Budo as well as analysis of work-outs for athletes training hand-to-hand combat.

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

POLICY Please remember that such phenomena as ghostwriting 1 and guest authorship 2 are unacceptable as a manifestation of scientific misconduct. All detected cases will be reported to relevant institutions. Submitted papers are evaluated in peer review system by two independent, anonymous reviewers (double-blind review: author and reviewers do not know each others’ identity). The process of review and publication takes at least three months. Security Dimensions International & National Studies is published twice a year, thus the deadlines for submissions are approximately: 30 March (July-December issue) and 30 September (January-June issue). The process may take longer, when authors are asked to revise.

Ghostwriting – not mentioning among the authors or in the acknowledgements of the person, who provided a significant contribution to the publication. 2 Guest authorship – indicating among the authors of the person, whose contribution to the publication was little or none. 1

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GLOBALIZATION & SECURITY. EUROPEAN PERSPECTIVE


Robert Częścik, J. Radosław Truchan, ACTIVE SHOOTER – CHALLENGE FOR LAW AND TACTICS IN EUROPE

And that madness is stoked and sheltered, nurtured and fed by another kind of crazy -- a widespread denial about the price of our love affair with firearms, a disbelief that borders on delusion 1. Cynthia Tucker

ACTIVE SHOOTER – CHALLENGE FOR LAW AND TACTICS IN EUROPE Robert Częścik, J. Radosław Truchan

ABSTRACT The article presents one of the current threats, i.e. active shooter. Described are features, causes of

the phenomenon and the most important examples of events including an active shooter. Presented is also active shooter’s definition and ways of tackling the problem.

KEYWORDS Active shooter, danger, counterterrorism

Undoubtedly one of the most dangerous threats in the modern world is an intensifying phenomenon of mass murders committed by an individual person (called active shooter). By analyzing the time and place of such events we may come to a conclusion that localization of potential attacks is being selected on the basis of the assumed effect, which purpose is to cause the biggest possible social and political damages, that is above all based on physical elimination of specific people. The fact that in Poland such case have not occurred yet gives the services responsible for internal security a chance to optimally prepare to minimalize this kind of threat on the territory of Poland. While preparing to counteract such dangers it is necessary to make a full cognition of the previous events in following aspects: psychiatric, psychological, sociological, criminological as well as in technical and tactical police activities2.

1 P. Milewski, Spluwa, moja miłość, „Newsweek” No. 1/2013, p. 80. 2 In Police Academy in Szczytno in years 2013-2015 reaized is research task no. IBiPP – 4/2013/P/JT entitled „Reagowanie podmiotów bezpieczeństwa państwa krajów europejskich na zagrożenia związane z użyciem broni palnej oraz niebezpiecznych materiałów i narzędzi w miejscach publicznych”.

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“HATE! I’m full of hate and I Love it. I HATE PEOPLE and they better fucking fear me if they know whats good for em”3. Events in Columbine High School in 1999, when 12 people died, tragedy in elementary school in Newtown on 14 December 2012 (a twenty-year old shot 20 children and 6 adults, and then committed suicide after noticing that the police had arrived to the crime scene), events in the cinema in Denver on 20 July 2012 when during the premiere of the Batman movie James Holmes killed 12 people and injured 58 or the massacre on the Norwegian island Utoya, where in July 2011 Andreas Breivik killed 69 people and injured 66 shows that the incidents involving an active shooter have become one of the most serious threats of the latest time and a real challenge for services responsible for security of citizens. The essence of this threat is the fact that anyone may become a victim of such an antisocial desperate, even an entirely random person around. An active shooter is unpredictable, his only objective is to kill the greatest number of people and he does not take the consequences of his acts into account. Therefore it is extremely Eric Harris’ Diary http://www.acolumbinesite.com/eric/writing/journal.html [February 2013].

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SECURITY DIMENSIONS important to optimally prepare the services responsible for security of the state in the area of investigation, counteracting and fighting this kind of incidents. ACTIVE SHOOTER – SPECIFIC KIND OF SERIAL KILLER Active shooter is a person psychologically and emotionally unstable, who tries to kill as many people from the surrounding (without any specified profile of victim), in crowded places and objects that are the so-called soft targets (i.e. in schools, workplaces, malls etc.) in a short time, usually using a firearm and committing suicide right after4. The incidents with an active shooter have usually some serious effects, especially considering the fact that apart from the aim of killing as many people as possible, he does not plan to escape from the crime scene. Such situation frequently ends up in two ways: either with a suicide of a perpetrator or his elimination by institutions established for providing state security (which is usually also a suicide committed with help of officers). Another aspect specific for activity of an active shooter is, apart from staying at the place of event (without a plan of escape), the fact that such person does not negotiate with people, who are in the field of his interaction. Active shooter usually acts in one localization and stays until the end in the place, where he starts his attack. He does not move from this place, unless localization of his victims forces him. He commits his crimes at one time without any breaks between the incidents. He operates in more or less planned way. With advance he plans activities that are focused on gaining measures necessary for realizing the plan (weapon, bulletproof vest, uniforms etc.)5. Sometimes such activity is preceded by publications in online forums, blogs, private websites, diaries or posting videos on popular websites6. Many active

J. Kudliński, Active shooter, “Terroryzm” 2010, no. 2, p. 3840. 5 Ibidem, p. 86. 6. Eric Harris was writing about his plan on his website, which contained content directed against students and teachers from Columbine High School in USA. 4

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shooters trains before the attack, learns how to shoot or checks the weapon7. An active shooter is usually well armed8. (he uses long guns, short guns, various kinds of explosive materials) and motivated to act. Analyzing the silhouettes of these people we may state that they are fascinated with militaries and focused on using the equipments efficiently to physically eliminate people. They commit their crimes personally. Observing his way of acting, one may notice that an active shooter usually has a knowledge on tactics of the intervention groups. Generally he is aware of his actions and their consequences. He does not act under the influence of alcohol, drugs and other intoxicants. One may assume then that an active shooter wants to fully experience all stimuli of acts performed. An active shooter acts on his own, does not negotiate and does not take any hostages. Launching the attack is always abrupt. It surprises the victims and the accuracy of shots is less than 50%. Often at the moment of entering of the special services he starts to panic (and then usually commits suicide). The whole of his actions is dynamic and variable9. Massacres made by the active shooters have a lot in common with the terrorist attacks, but they are not to be equated. The aim of terrorist’s activity is to impact within using violence to governments and societies, whereas the active shooters are generally madmen, who are not able to deal with their own lives and problems of everyday life. What links this phenomena is mediality of acts and publicity surrounding them. THE REASONS WHY ACTIVE SHOOTERS ACTS Considering the fact that the attacks by active shooters usually ends up with their suicide it is hard to determine the causes of their actions. Such ending of the incident influences that there is no possibility to ask them directly or to infer from the testimony. However one must assume J. Kudliński, Active shooter…, p 39. active shooter is not the same as active killer, who uses various kinds of to ols, Rother than firearm, such as sharp objects. V. J. Kudliński, Active shooter, “Terroryzm” 2010, no. 2, p. 39. 9 T. Małysa, op. cit., p. 15. 7 8

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Robert Częścik, J. Radosław Truchan, ACTIVE SHOOTER – CHALLENGE FOR LAW AND TACTICS IN EUROPE that, as in case of every kind of human’s activity, the background may be either internal or external. This refers also to actions of an active shooter. Internal causes may be for example strong childhood or adolescence experiences, external – unsuccessful family life or professional failures10. Internal causes should be to some extent identified with the causes of suicides, for an active shooter is a peculiar kind of a suicide, who differs from the others due to his desire to “take with him to the grave” as many people. According to that on his actions influence may have: 1) Mental illnesses; 2) Solitude and the sense of isolation; 3) Desire to punish innocent people11; 4) Mental disorders; 5) States of frustration; 6) Stress; 7) Anxiety states12; 8) Crisis of recognized values13. All of the external causes cannot be indicated. However, undoubtedly we may include here life in the so-called mass society, where we have to our disposal smaller territories and social spaces (where one cannot live peacefully and without conflicts). In such societies social bounds are no longer of authentic and long-termed character, relations between people are more and more complicated, civilisationally entangled and unpredictable14. Everyone of us is able to intuitively conclude, which factor impacts performing the discussed act in case of a particular active shooter. For example the so-called school shooters are pushed to act by resentments, mental disorders, manias, desire to commit suicide or to be famous15. Tomek, Active shooter (2)…, p. 87. K. Borkowska, Przyczyny samobójstw, „Remedium” 2012, no. 4 (230), p. 12. 12 B. Hołyst, M. Staniaszek, M. Binczycka-Anholcer (ed.), Samobójstwo, Warszawa 2002, Wydawnictwo Polskie Towarzystwo Higieny Psychicznej, p. 70. 13 R. Bielecki, Dynamika, uwarunkowania, profilaktyka samobójstw w ostatnim ćwierćwieczu XX wieku w Polsce, Toruń 2004, Dom Wydawniczy Duet, p. 31. 14 J. Borkowski, Człowiek zagrożony i niebezpieczny. Socjologia i psychologia zagrożeń, Warszawa 2011, Wydawnictwo Elipsa, p. 108. 15 J. Kudliński, Active shooter…, p. 39.

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However the truth is that causes, or in other words – motivation of active shooters is as many as perpetrators. To define them we need to look closer to particular cases. A. NORWEGIAN HORROR Anders Breivik was planning his revolution for 3 years. He began with creating a 1518 pages long “European Declaration of Independence”, in which he presented his hatred for Muslims, condemnation of multiculturalism and anger at his own State. He published the document on the internet few hours before the attack. On July 22, 2011 he first blew up a car bomb in front of the government building in Oslo killing 7 people. Then he get through to the island Utoya, where he carried out mass execution of participants of a youth camp of the governing Labour Party. He killed 69 people and injured 66. He did it for, as he claims, he considers himself a modern crusader, whose duty is to fight with “Islamic colonization of Europe” and “flood of cultural Marxism” that is with multiculturalism. This attack was unusual because it was a native Norwegian turned against his own State and fellow citizens. He did not kill immigrants or Muslims, who he hated so much, but those, who have opened the gates of Norway for them. The manifest indicates that Breivik feels redemptive vocation and therefore unlike other active shooters he did not commit suicide. He let the police to intercept him to continue his crusade from behind the prison walls16. B. APOCALYPSE AT THE UNIVERSITY Harris and Klebold in April 1988 started to plan a revenge on the society for two reasons: as “general war with the society, they have just declared” and necessity of undertaking an action against those, who they hated. On April 22, 1999 they came to the territory of Colombine High School and planted an incendiary bomb. After the explosion they fused bombs made of two 9 kilos propan bottles, put them in a big bag and took to a café. After doing this they went back to the car and waited. When the bomb didn’t explode they took a gun and moved to the school. They killed T. Walat, M. Ostrowski, W. Smoczyński, Strach krąży po Europie, „Polityka” 2011, no 31 (2818), p. 8-10. 16


SECURITY DIMENSIONS 15 people and wounded 24. After that they both committed suicide by shot in the head. On April 16, 2007 Cho Seung Hui, Korean student at State University in Blacksburg, Virginia (USA), armed in two automatic pistols killed on the campus 32 people and wounded 23, then committed suicide. The motive of the crime was punishing other for deep frustration and humiliation, general lack of understanding and hatred for rich people. Usually main motive of active shooters acting on university or school premises is existence of closed, hermetic groups of people, who live only among similar to themselves, despising others. It favors development of such behavioral states, which lead to outbreak of aggression in some people17. C. POLISH TRAGEDY On 26 March 2007 to the detention center in Sieradz came 3 policemen, who were to take and transport a detainee. Around 8.30 a.m. a drama began. When the policemen were leaving the station in unmarked police car, shots from a machine gun were fired down from the watchtower. Damian Ciołek (who had sniper training during his compulsory military service), one of the Prison Service officers, was shooting from his service AK-47 assault riffle from the distance of 7,5 meters 24 times with single fire. Sergeant Bartłomiej Kulesza, who was sitting behind the steering wheel, died first. Deputy Inspector Andrzej Werstal, who was sitting next to the driver, tried to save himself, he crawled out of the car and died near the entrance door to the administrative building. Police Sergeant Major Wiktor Będkowski was trapped on the back seat behind the driver. He was shot in the stomach and in the chest18. He died of wounds on the way to the hospital, because fire of the courtyard made it impossible to carry out the injured. The officer attacked also police mediators and operators from antiterrorist unit of Łódź. He was stopped after shot in the left arm. Motives of his action were never entirely identified. Expert suspected that his behavior was influenced by adaptive problems

M. Zimny, Apokalipsa na uniwersytecie, Terroryzm 2007, no. 6 (171), p. 24-31. 18 A. Krawczyńska, W pułapce, Policja 997 2007, no. 5 (26), p. 8-10. 17

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related to his family life19. The officer, who committed this crime serves life sentence in Prison Unit in Kielce. He may apply for early release after 25 years of served time.

COUNTERACTING THE INCIDENTS INVOLVING ACTIVE SHOOTER

As it was mentioned before incidents involving active shooters are very dynamic. He moves fast, changing his position constantly and killing people around. Hence often there is no time for the arrival of specialized units (which have their time standards of achieving combat readiness) and direct action focused on elimination of danger must be undertaken by the first officers who arrive at the place. It must be underlined that these are actions requiring caution. Therefore in such situations fundamental are so-called first respondents, that is officers (The Police, Military Police, Border Guard, special services or soldiers), who arrived first at the place of reported incident or are already there performing their duties. Their responsibility grows and so does the expectations towards them. During incidents involving active shooters the priority is to take the fire from civilians to police services and to reduce the danger before the shooter manages to kill anyone else. Therefore the tactics and individual training of officers must be constantly improved. “Ordinary” officers have to deal with more and more complicated and complex tasks, which involve responsibility and danger. So trainings are necessary. Also taking into account fact that professionalism of the uniformed persons influences both, acting of the victims (uniform has a great power of influence on wounded and scared) and development of the situation. Therefore it is so important that officers should be able to immediately act without waiting until the action constitutes (police operation or arriving of support). First patrols arriving at the place must immediately take direct action. Their work should be focused on such actions that in the shortest possible time allow to prepare plan, help to make a reconnaissance and contribute to appropriate choice of tactics. All of this must happen without 19

www.nasze.fm/news,8318 [October 2012].

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Robert Częścik, J. Radosław Truchan, ACTIVE SHOOTER – CHALLENGE FOR LAW AND TACTICS IN EUROPE waiting for closing and surrounding the area (creating a ring). Moreover, highly important in such situation is constantly collecting information and exchange of them between the groups that are at the place but also the “central”. As it was mentioned before, proper preparation of officers is of fundamental importance. In countries of western Europe (such as Germany, Holland, Finland, Belgium or Swiss) policemen goes thorough the so-called AMOK training20, which consists of theory and practice exercises. Participants inter alia learn the definition of amok (“amuk” – mad with rage), basics of psychology of a perpetrator and discuss high-profile cases from the past. They learn intervention tactics (approaching the facility, dividing it to sides and levels, moving in the facility, way of entering premises), exercise communication with partner and unit, try to act like the staff of the police car, which receives a report of incident and shoot at the shooting range21. Such training are also needed in Poland. However, so the polish policemen could go through such training it should be adapted to our legal regulation or these regulation should be changed, since currently ending a situation involving active shooter is a big problem. In accordance with the existing provisions police sharpshooter is obliged to adhere to the same rules that applies to regular officers (in situations where the life isn’t threatened – he may fire a warning shot, when the danger exists – he has to shout “police” before the shot). A lot of communities – especially representatives of public order services – postulate implementing to polish legal order, like in other democratic countries, the institution of so-called rescue shot, that is firing a shot in direction of the offender in such a way that allow to save directly threatened life of a victim. Such a shot often results in offender’s death. Therefore it is requested that sniper could shoot after receiving the order without warning and without being bound by principle of inflicting as little damage to a person against whom the firearm was used.

A. Wicik, First responder – po dramacie w Norwegii, „Policja 997” 2011, no. 8 (77), p. 37. 21 A. Wicik, Liczy się każda sekunda, Policja 997 2011, no. 9 (78), p. 28.

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Authors of the paper, realizing mentioned in the beginning research task, among so-called soft targets, which the perpetrators may choose, took into account inter alia: · Shopping and business centers; · Educational institutions (kindergartens, schools, universities, university campuses); · Religious sites; · Critical infrastructure facilities – especially airports, maritime stations, train stations. In first six months of researches carried out, lustrated were 36 biggest facilities in the country, in which commercial operations are conducted (so-called shopping centers), 3 stations (2 airports and one railway station), 3 educational facilities (universities and university campuses), 4 religious sites and 5 other facilities including inter alia 2 large hotels, facilities of Poznań International Fair and the seat of the Supreme Court. Every one of the groups of facilities specified has its own vulnerability and specifics, however regardless of the risks previously diagnosed and statistics, particular attention was paid to the most numerous, available and meeting the criteria of perpetrators – shopping centers. These centers ranging in size from a few to several dozen hectares, are visited by thousands of customers (annually from few to over twenty millions). In this giant facilities located are leading shops of polish and foreign brands, restaurants, cafes, service points and cinemas. Multi-level parking may accommodate few thousands customer’s vehicles. The subject of scientific investigation were above all formal and legal regulations, good practices aiming to prevent the active shooters’ attacks, and range of cooperation of entities responsible for security. Already first results of the research received due to interviews and surveys taken, allowed to formulate general conclusions. In all examined facilities persons responsible for the security are indicated by name. Depending on the entity these are members of management board of the company, managers and directors of security or persons, whose responsibilities includes providing security. More than 80% of facilities have security program in case of extraordinary events, in 60% of them trainings for the entire staff were held. In the vast majority of


SECURITY DIMENSIONS

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facilities a system to inform users about the threat and the way of evacuation, and at least every two years evacuation exercises are carried out. Cooperation with local police was also good. Unfortunately among defined threats dominative are fires and planting explosives. Although some of the respondents (36%) claimed there were procedures in case of shooting in the facility and attack of a single shooter or aggressor with a dangerous tool (substance), the documentation did not confirm it. Moreover conducted interviews showed that in the opinion of the persons responsible for security in the facility there is no big difference between method and rules of evacuation in case of fire, bomb threat or shooting in the building (!). In their opinion, security in Poland is adequate to the level of threats and employees are constantly trained. It is true that regular object protection is unable to prevent situation including using a gun or to predict when they may occur, but important is the ability to behave in a way that minimizes the consequences and to cooperate with intervening police forces. Although the system of rationing weapons in Poland strictly limits availability of sharp weapon, it is not tantamount to lack of threat. In sum, knowledge of security managers on threats coming from a potential active shooter must be assessed as low-leveled, and the problem itself seems to be marginalized when the most important thing is commercial success22. As more professional and adequate to the level of danger must be assessed procedure at the airports23. It is obviously determined by the fact that they are included to critical infrastructure facilities, and more restrictive provisions regarding security, inter alia international and professional protection by Border Guard and Airport Protection Officers. It should be emphasized that taking into account potential events including active shooter, protection watches kept by the Border Guard play an important role. It is a team of armed officers who use in action tactical rules aiming to counteract attacks of lawless interference on airports and airplanes.

It should be underlined that protection watches are somewhat the last line of defense in case the security system at airports did not work. The fact of existence of such groups shows that despite the efforts regarding elimination of emergencies, there is still real risk of danger, which may appear in the air. Another area of minimizing consequences of such perpetrator’s actions is prophylaxis. Above all worth is distribution of informative brochures intended for regular citizens that include practical leads. It is also important to make access to public places (such as schools or offices) more difficult. Used may be for example gates which detect dangerous items in the entrance to premises, monitoring of schools combined with police units. Implemented may be also appropriate educational campaigns for service and employees of public places. Fundamental is education system for entire society. Citizens should be educated that such action as hide or escape give them greatest chances for surviving in a confrontation with active shooter, whereas fight is extremity24. At the same time it needs to be underlined that the Polish Police already has a specific training platform, which may be a thematic framework base for trainings like “AMOK”. Among others in Police Academy in Szczytno carried out are professional development courses: 1) Specialized course for policemen responsible for detaining dangerous criminals. It is designed for preventive and criminal service. Objective of the course is to prepare policemen to realize professional tasks related to detaining dangerous criminals. 2) Course for policemen, who undertake interventions against aggressive and dangerous persons. Designed for prevention service, which task is to intervene against aggressive and dangerous persons25. Its objective is to prepare policemen to take immediate action

http://www.citysecurity.pl/files/gh1.pdf [05.11.2013] At the airport in Los Angeles twice a shooting took place (in 2002 and 2013). In result of these events three people died and over a dozen was injured.

G. Mikołajczyk, Szansa na przeżycie, „Policja 997” 2011, no. 10 (79), p. 15. 25 Both courses were conducted by the authors of this paper.

22 23

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Robert Częścik, J. Radosław Truchan, ACTIVE SHOOTER – CHALLENGE FOR LAW AND TACTICS IN EUROPE 3) Specialized course in first aid – designed for policemen, who perform action in special conditions. Includes such thematic areas as: rescue procedure at the place of event, resuscitation by the ERC standards (BLS-AED), handling of injured, acting in unusual situations when life is threatened, preparing the injured to evacuation and supervising their condition until the medical rescue will take care of them. SUMMATION Active shooter phenomenon as the events shows is a growing threat for modern societies. Single, unpredictable man, who gained access to weapons and ammunition is able to attack every neighboring citizen. Worth mentioning is also that despite of researches and still growing level of knowledge about the phenomenon, it is still not possible to talk about exact systematic motives of those people. Every single active shooter has his individual motivation to such actions. Most of them is really hard to specify, because usually active shooter’s attacks end up with his suicide. Generalizing, it can be concluded that the reasons of committing this kind of actions are frustration and not coping with surrounding reality. In relation to the seriousness of this phenomenon, the services began to attribute increasingly important role to so called ‘first responders’ (...) because in the active shooter incidents there is no time for waiting for specialized services arrival. Therefore it is necessary to train the ordinary officers properly to learn them how to behave in these certain situations. In the Western Europe showed up a special training called „AMOK”, however to introduce such courses in Poland it should be adjusted to our legal system or change the provisions. In sum, it should be noted that the massive suicide phenomenon committed during terrorist act by one single perpetrator (“active shooter”) can be classified as one of the most serious security threats of the modern world.

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Events of the last few years which have occurred in Europe in the context of the quotation cited at the outset from a titled American publicist Cyntia Tucker requires to put a question whether it is for sure „American form of madness” and whether it should be linked directly with the systems of rationing weapons.

REFERENCES 1. Bielecki R., Dynamika, uwarunkowania, profilaktyka samobójstw w ostatnim ćwierćwieczu XX wieku w Polsce, Toruń 2004, Dom Wydawniczy Duet. 2. Borkowska K., Przyczyny samobójstw, Remedium 2012, no 4 (230). 3. Borkowski J., Człowiek zagrożony i niebezpieczny. Socjologia i psychologia zagrożeń, Warszawa 2011, Wydawnictwo Elipsa. 4. Hołyst B., Staniaszek M., BinczyckaAnholcer M. (ed.), Samobójstwo, Warszawa 2002, Wydawnictwo Polskie Towarzystwo Higieny Psychicznej. 5. Jałoszyński K., Współczesny wymiar antyterroryzmu, Warszawa 2008, Wydawnictwo Trio. 6. Krawczyńska A., W pułapce, „Policja 997” 2007, no 5 (26). 7. Kudliński J., Active shooter, “Terroryzm” 2010, nr 2. 8. Kudliński J., Pierwsi na miejscu zdarzenia, „Komandos” 2010, no. 11 (208). 9. Małysa T., Konfrontacja z aktywnym strzelcem, e-Terroryzm.pl 2012, no. 7. 10. Mikołajczyk G., Szanse na przeżycie, „Policja 997” 2011, no. 10 (79). 11. Piwoński P., Paragraf dla snajpera, „Komandos” 2007, no. 9 (173). 12. Sitek E., W matni, „Policja 997” 2011, no. 4 (73). 13. Tomek, Active shooter (1), “Komandos” 2011, no. 5 (214). 14. Tomek, Active shooter (2), “Komandos” 2011, no. 6 (215). 15. Tomek, Active shooter (3), “Komandos” 2011, no. 7-8 (216).


SECURITY DIMENSIONS 16. Walat T., Ostrowski M., Smoczyński W., Strach krąży po Europie, „Polityka” 2011, no. 31 (2818). 17. Walc A., Taktyczne aspekty zatrzymania osób, Szczytno 2001, Wydawnictwo Wyższej Szkoły Policji. 18. Wicik A., First responder –n po dramacie w Norwegii, „Policja 997” 2011, no. 8 (77).

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19. Wicik A., Liczy się każda sekunda, „Policja 997” 2011, nr 9 (78). 20. www.nasze.fm/news,8318 21. http://bip.msw.gov.pl/portal/bip/242/21515 /Projekt_zalozen_projektu_ustawy_o_sro dkach_przymusu_bezposredniego_i_bron i_palne.html 22. Zimny M., Apokalipsa na uniwersytecie, „Terroryzm” 2007, nr 6 (171).

AUTHORS Insp. Robert Częścik, Ph.D. – Police Academy in Szczytno Radosław J. Truchan, Ph.D. – Police Academy in Szczytno

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Mariateresa Gammone THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE

THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE Mariateresa Gammone

ABSTRACT As F. J. Turner emphasized on the the frontier in shaping American character, we can say that the frontier shaped the European mindset. In the past, the European frontiers have seen war and carnage. However, many crossborder regions have seen dialogue, communication, commerce, change, travel, and

reciprocal fertilization. In the global village, the best perception of the values of Europe is along its borders. The light shines strongest in the point of its source, but it is more appreciated to the point of its limit, where darkness and brightness compete for space – and even for life.

KEYWORDS Frontiers, enlightenment, Europe

THE FRONTIER IN EUROPEAN HISTORY In terms of military mapping, a frontier is also a front. Historic borders such as the Great Wall of China have defined territory as a defended area. The carnage over frontiers was a commonplace in Europe, because it was well-known that it was on the borders that the possibility of depriving others of their own border1 occurred first. In an overpopulated Europe, terms like Hackordnung or Lebensraum were familiar to zoologists and politicians. It has been said that in some way Europe was as an immense Far West2. As F. J. Turner emphasized on the importance of the frontier in shaping American character3, we can say that the importance of the frontier shaped the European mindset. Undeniably, thefrontier has been a

1 M. Heidegger, Hölderlins Hymnen “Germanien” und “Der Rhein”, Gesamtausgabe, Klostermann 1999. 2 L. Febvre, L’Europe. Genèse d’une civilisation, Librairie Académique Perrin, Paris 1999. 3 Cfr. F. J. Turner, The Frontier in American History, Holt, New York 1920, where, right from the first pages it is said that "the American frontier is sharply distinguished from the European frontier--a fortified boundary line running through dense populations".

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recurring landmark of American exceptionalism, from the heyday of Kennedy's New Frontier to the electronic frontier of the Wikipedia editors, which have been explicitly compared to the pioneers of Turner's American frontier for their boldness and rejection of limitations4. But while frontiersmen, in the Wild West, settled their disputes with shoot-outs and lynch mobs, the European mapmakers were producing their most horrendous massacres just for boundary-naming. Boundaries have seen not only war: many cross-border regions have seen dialogue, communication, commerce, change, travel, and reciprocal fertilization. Today the electro-magnetic discoveries and communication devices have created a new environment so that mankind now exists under conditions of a global village. It is a flat world, with fewer barriers between countries and individuals — but that is now also becoming crowded (as the old Europe), thanks to rising expectations, consumerism, and population. 4 R. Jensen, Military History on the Electronic Frontier: Wikipedia Fights the War of 1812, in "The Journal of Military History", 76, 2012: 523-556. As a new kind of Far West, "the world's largest ungoverned space", the Internet is represented in E. Schmidt, J. Cohen, The New Diagital Age. Reshaping the Future of People, Nations and Business, Knopf, New York 2013.


SECURITY DIMENSIONS In the global village many people have ceased to be linked to a specific environment and become the content of several environments, with multiple identities, including fractures within minds and souls. In the past, the map engendered the territory. Today, while classical frontiers are being eroded, there is a chicken-and-egg problem. Did global policies create the new frontiers or vice versa? At least one can say that each furthered the other. THE FRONTIERS IN CLASSICAL EUROPE The first European identity was strengthened and defined on the frontier. The best perception of the values of Europe is in its periphery and along its borders. The light shines strongest in the point of its source, but it is more appreciated to the point of its limit, where darkness and brightness compete for space - and even for life. The project of the European Union was born to avoid a reiteration of huge massacres that cost the life of millions of human beings5. Two world wars left an apocalyptic toll of millions of dead, maimed, wounded, widows and orphans, and tons and tons of rubble, genocide and nuclear bombs. From many point of views, the Founding Fathers of the EU were at the fringes of the old Europe. In the post World War II years, they reached the peak levels of the European power, but previously they were politically peripheral, marginal, borderline. Robert Schuman, Alcide De Gasperi, Konrad Adenauer, Jean Monnet had humility and a sense of shame. They had nothing to do with the old European history, characterized by eurocentrism and racism, militarism and colonialism. The Founding Fathers of the EU are linked to another European heritage. They were immigrants in the New World of a European Dream. It was a dream come true and special, after everything they went through. What people mean as classical civilization was born along the frontiers6 of the Mediterranean, in 5 Cfr. M. Mazower, Dark Continent. Europe’s Twentieth Century, Penguin, London 1998; T. D. Snyder, Bloodlands: Europe Between Hitler and Stalin, Basic Books, New York 2010. 6 I'm referring to lines which are in the famous paper read by Turner at the meeting of the American Historical Association in Chicago, July 12, 1893: "What the Mediterranean Sea was to the Greeks, breaking the bond of custom, offering

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a multitude of shores and islands. In that classical Europe, the discoverers (for the first time in history) of freedom and self-government were immigrants, comparable to those of the Mayflower. Coming from the primordial boiling pot of the Bronze Age, they flew from the autocratic regimes located in a pre-historical Balkans and irrupted on to the stage of human life. As free immigrants in almost uninhabited Mediterranean domains, rich in land and poor in population, they invented rules for conducting a new associative existence, unchained from the overwhelming dominance of an archaic noble birthright. Without the slavery demanded by kings and landlords, in the Mediterranean colonies they constructed the first complete human alphabet; they discovered the meaning and the rules of an open society. The so-called European miracle was born in remote regions of the Ionian and Aegean, in distant sides of Anatolia and Southern Italy, in the shady line where Asia, Africa, Europe are now so different, while they were so alike. Those primordial travelers, fugitives, renegades, migrants, returned to mainland Greece, where they re-proposed the institutional organization experienced in the colonies. Watching closely, Babylonian mathematicians and Egyptian theologians, Sumerian ideograms and Phoenician consonants, came to be immersed in the same melting pot. The Iliad and the Odyssey were written in the Ionian language and Ionian were the first political, mathematical, medical, sculptural, architectural, and philosophical Mediterranean discoveries. From the frontiers, civilization shifted to the West7. The contribution of Presocratics is a case in point. The so-called "Presocratics" were 6th and 5th century BCE thinkers, in the Mediterranean colonies, from the eastern or western fringes of the ancient world. The first volume in which we find the expression "pre-Socratic age" is the new experiences, calling out new institutions and activities, that, and more, the ever retreating frontier has been to the United States directly, and to the nations of Europe more remotely". Cf. K. Lee Klein, Frontiers of Historical Imagination: Narrating the European Conquest of Native America, 1890-1990, University of California Press, Berkeley 1997. 7 S. Mazzarino, Tra Oriente e Occidente, Bollati Boringhieri, Torino 2007; G. Pugliese Carratelli (a cura di), Megale Hellas. Storia e civiltĂ della Magna Grecia, Garzanti, Milano 1993.

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Mariateresa Gammone THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE Allgemeine Geschichte der Philosophie, written by the German scholar Johann Augustus Eberhard in 1788. In the twentieth century, the expression was popularized by Hermann Diels in Die Fragmente der Vorsokratiker, 1903, and was meant to mark a chronological and ideal difference: the Presocratics were thought to be inferior to Socrates, Plato and Aristotle. They were interesting only in terms of being predecessors. The suggestion of archaism implied the idea of a Canon and of a Classical Period (represented by Socrates, Plato, and Aristotle). On the contrary, from Marx to Nietzsche, all the Western unquiet outsiders were more interested in people living on the fringes of classical and canonical ages. However, only Karl Popper gave the greatest importance on their relevance. His observations are in the context of his own epistemological theory: science originate in some kind of imaginative explanatory narrative. What distinguishes science is the regulative idea of truth, that is the correspondence to the facts. Hypothesis, not episteme, was at the center of the primordial Mediterranean approach; wonder, not dogma, was at the center of the presocratic approach in the shores and islands, towns and villages of ancient Mediterranean settlements. Popper says: "The history from Thales to Plato, is a splendid story. It is almost too good to be true." This was the main theme in his Presidential Address, delivered to the Aristotelian Society in October 1958: "Back to the PreSocratics"8. In this famous conference, Popper makes a bid for a specific theory of knowledge, which is always an attempt to understand the world we live in. In his view, the great achievement of the ancient Mediterranean thought was critical discussion, which is the only way to

"In Westphalian Europe, conflicts were primarily about borders and jurisdiction over them", while EU politics now has "empowered neighbors rather than colonizing them"9. By signing the Treaty of Rome in 1957, a process began in Europe, which has influenced a political renewal in many directions: Spain and Greece both helped in the transition to democracy, Portugal and Poland both helped in the transition to a fully developed market economy. There is no doubt that Europe, a European Dream (in many ways parallel to the American Dream) has raised hopes and offered opportunities of democratic and peaceful development: to the south of the Mediterranean, from Morocco to Turkey; on the eastern border of Europe, in Serbia and Albania; in the far north, from Gdansk to Kiev (obviously, in different ways and for different reasons). For years, what has been defined by many as the European Dream was at its full peak10. After, various unexpected European troubles raised concerns. From Turkey to Hungary, from Greece

8 The conference was firstly included in K. Popper, Conjectures & Refutations. The Growth of Scientific Knowledge, Routledge, London 1963. At that time, Popper was known as a defender of democratic systems of government and author of two books: The Open Society and its Enemies and The Poverty of Historicism. Later, a unique book collected together, for the first time, Karl Popper's engagement with Pre-Socratic thinking: K. Popper, The World of Parmenides: Essays on the Presocratic Enlightenment, Routledge, London 1998. In this pages, Popper described himself as an amateur student of the Presocratics "completely out of my depth when an expert begins to argue which words or phrases Heraclitus might, and which he could not possibly, have used" (p. 24 ).

9 J. Zielonka, Why the World Should Worry about Europe’s Disarray, in "Current History. A Journal of Contemporary World Affairs", 111, 750, January 2013, pp. 7-12. 10 L. van Middelaar, Le passage à l'Europe: Histoire d'un commencement, Flammarion, Paris 2012; J. Rifkin, The European Dream: How Europe's Vision of the Future is Quietly Eclipsing the American Dream, Tarcher, New York 2005; A. Giddens, Europe in the Global Age, Polity, London 2006. Rifkin acknowledged that Europe has relied heavily upon American military assistance for its security; see R. Kagan, Of Paradise and Power. America and Europe in the New World Order, Random House, New York 2004. About historical dreams, R. Kagan, The Return of History and the End of Dreams, Knopf, New York 2008.

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expand our knowledge. A new tradition arose in Ionia and was rediscovered in the Renaissance, especially by Galileo (who understood the meaning of rational knowledge). The Ionian school is incorporated in modern science. According to Popper, tradition of criticism had its main source in Ionia, marking a crucial innovation in human history. European civilization gained new strength each time it touched a new frontier. Culture necessarily means selection, inclusion by consent and denial. Every time we reach and cross a new frontier, we explore, discover, and select. THE FRONTIER IN THE EUROPEAN UNION


SECURITY DIMENSIONS to Norway, afterthoughts and suspicions create a gloomier description about the stalemate the eurozone found itself trapped in. While politicians and technocrats were highly involved in attempts to find remedies and solutions, intellectuals have been the most pessimistic ones. In short, for various reasons, the euro and the EU appeared in a new light11. In the eurozone, all countries seem tied in a web of interconnections between banks, debt, overproduction, and crossborder lending. In the event of major insolvencies, mutually assured destruction seems possible. While not every big problem ends in disaster, large-scale bank failure inside and outside Europe could cause a chain of defaults. For some pitiless observers, the crash has to happen in order to rebuild brain, heart and borders, duties and rights. In a nutshell, the central thesis about the European nightmare is explained by two motivations. On the one hand, Germany and her allies have forced countries on the euro zone periphery to bear the full cost of the region’s debt crisis, causing an economic recession and social misery that threaten to destroy the European Dream, rather than offer the solidarity and burdensharing needed to allow the EU to exit the crisis. On the other hand, the eurozone peripheries face a future of economic stagnation, with mass youth employment and political turmoil. Clearly, these two motivations depict a kind of nightmare. Generating turmoil, in July 26, 2012, the former Editor in Chief of The Economist, Bill Emmott, claimed in an article that Europe was threatening the world12. His words were astounding. He wrote that the global economy between 2002 and 2007 had the fastest five years of growth it had enjoyed in more than 40 years. R. Aron, Plaidoyer pour l'Europe décadente, Paris, Laffont 1977. 12 B. Emmott, Europe is Threatening the World, http://muslimmedianetwork.com/mmn/?p=11586; retrieved on 2014-02-02. In his vision for 2021, Bill Emmott declared a weak future for the EU and the euro, "a temporary phenomenon": B. Emmott, 20:21 Vision: Twentieth-Century Lessons for the Twenty-first Century, Penguin, London 2003. See also V. D. Hanson, Europe's Dream Becomes Its Nightmare, in "National Review on line", January 24, 2013: "The EU may be worried that Obama’s United States is becoming more like the EU … In short, Europe got the European Union of its dreams and the changed America of its fantasies — but both are rapidly becoming its worst nightmares". 11

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Even though a war had started in Afghanistan in 2001 and another war had started in Iraq in 2003, the attitudes of financial markets and corporate managements were optimistic. In 2012, on the contrary, attitudes were pessimistic and driven by uncertainty13. From the Arab Uprising to the civil war underway in Syria, from the tension over Iran’s nuclear program to that over the price of energy, many factors were widening the range of fear and unpredictability. But, Bill Emmott wrote, “the biggest source of worry is much closer to home. It is Europe. The problem is not simply the fact that government debts are huge, that growth is nonexistent and that there is a basic disagreement between the debtor and creditor countries about how the euro should be run. Those things are important, of course. But the real problem is that the range of possible outcomes looks so wide”. In order to explain these dire concerns, he quoted the possibility of Greek withdrawal from the euro and Italian elections, the chance that some countries might leave the euro, defaulting on its debts, or that the currency might collapse. He quoted the possibility of the euro splitting into two, with different currencies for northern and southern Europe. These possibilities, in his view, were non-existent and virtually inconceivable, but they were real for corporate boards, financial institutions, and ordinary people. So the situation was becoming self-fulfilling. We have not only a European Nightmare, but Europe is threatening the world. EUROCENTRISM AND FRONTIERS Herodotus' description is unequalled by a peculiar sensibility to borders and frontiers. Born in Halicarnassus (modern Bodrum in Turkey), Herodotus was at the border of the Greek speaking world. He was the first great traveler who left us his diaries. Moved by doubts and curiosity, open-minded and respectful of human 13 J. Habermas, Zur Verfassung Europas. Ein Essay, Suhrkamp, Berlin 2011; W. Laqueur, After the Fall: The End of the European Dream and the Decline of a Continent, Thomas Dunne Books, New York 2012; H. M. Enzensberger, Sanftes Monster Brüssel oder Die Entmündigung Europas, Surkamp Verlag, Berlino 2012; F. Heisbourg, La fin du rêve européen, Stock, Paris 2013.

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Mariateresa Gammone THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE diversities, he is the archetypical reporter (according to Ryszard Kapuściński14 and to his wonderful Podróżez Herodote). Herodotus was not a fanatical sponsor of Greek superiority; for that motivation he was severely disapproved of (for instance, by Plutarch). Toward the people of Asian borders, in Persia, Egypt, and Lydia, Herodotus showed empathy: he intended a common Menschlichkeit in the barbarian "otherness"15. For many reasons, Herodotus' vision of borders, in the Persian wars, is the classic mustread. Xerxes and Darius thought that independent Greek cities were the only obstacle to the conquest of the known world. In the spring of 480 BCE, Xerxes crossed the narrow Hellespont straits, just to wipe out the frontiers of his power, already immense. By defeating the Greeks, and reducing Athens to slavery, he would arrive to absolute power: "Once let us subdue this people, and those neighbors of theirs who hold the land of Pelops the Phrygian, and we shall extend the Persian territory as far as God's heaven reaches. The sun will then shine on no land beyond our borders; for I will pass from one end to the other, and with your aid make of all the land which it contains one country" (The Histories, 7, 282). With these quotes, we stress one qualifying point for us. The European identity was strengthened and defined in ancient reasoning concerning frontiers. A book16 in its title said that the first identity of Europe was born in a border place, at a periphery and at a frontier, at the margins of the Hellenic world: in Troy. Around Troy, in Homer, we found seminal definition and insights about the European heritage; there, according to one interpretation, the first identity of Europe was born, with Homer and Virgil, which then became canonical in Shakespeare and Milton. The peripheries of Europe can be seen as a problem, but they are the bastions of Europe.

Today, like yesterday, they have prevented the institutional collapse of the center of Europe. Frequently, institutional breakdown begins at the peripheries and then, like in an avalanche, sweeps the center away. In this idea of Europe, borders count a lot. Often scholars talk about liberty and democracy, comparing the fascist or communist experiences, which allow us to grasp the merits of freedom. It's all water under the bridge. It is history which does not return, while cases such as Turkey and Morocco, Tunisia and Jordan, Albania and Hungary, Kosovo and Serbia, although very different, are opening up a completely new dossier: very controversial, very instructive, and very urgent. Contemporary Europe is very different from a Europe which produced the killing of over 60 million people in World War II17. Current Europe is characterized by the convergence of science and the rule of law, more than by external conquest and by internal wars. The central theme of every religion is not a form of national self-worship, but subordination of territorial identity to ethical beliefs. True Europeans have rejected the principle "My country right or wrong" and its substitute "My party right or wrong". Poland is a case in point. From King Casimir to Napoleon, from Danzig to Vilnius, in its history many times Poland was forced to struggle to define national borders. In same period it was shrunk drastically or ceased to exist. After 1989, the rebirth of Poland is a symbol of the rebirth of classical Europe. It is in many ways a miraculous rebirth (in T.G. Ash words: "it is remarkable to see how the frontiers of long-dead empires re-emerge on the election maps of post-communist democracies, including Poland's most recent one. But neither geography nor economy nor culture make inevitable fate. … Good politics, good constitutions and good courts can, given time and luck, change the course of rivers"18).

14 Cfr. B. Nowacka, Z. Ziatek, Ryszard Kapuscinski. Biografia Pisarza, Znak, Kraków 2008; as explication of Sigmund Freud’s dictum about the non-existence of biographical truth, see A. Domoslawski, Kapuscinski nonfiction, Świat Książki, Warszawa 2010. 15 E. S. Gruen, Rethinking the Other in Antiquity, Princeton U. P., Princeton 2010. 16 S. Price, P. Thonemann, The Birth of Classical Europe. A History from Troy to Augustine, Allen Lane, London 2010.

17 G. Marks, Europe and Its Empires: From Rome to the European Union, „Journal of Common Market Studies‟, 50, 1, 2012, pp. 1-20. 18 T. G. Ash, As Poland shines, Ukraine sinks. Yet both their trajectories can be changed, „The Guardian‟, 19 October 2011; T. G. Ash, History of the Present: Essays, Sketches, and Dispatches from Europe in the 1990s, Vintage, New York 2009; S. Bielanski, La Polonia tra Europa e Russia, „ISPI, Quaderni di relazioni internazionali‟, n. 13, novembre

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SECURITY DIMENSIONS EUROPE AND COSMOPOLITAN SELF-CONSCIOUSNESS There is vitality, but, at the same time, uncertainty, in the values of peace, social consensus, international cooperation, certainly not absent across the Atlantic and in many other national histories and cultures, but which have been themed, discussed, deepened in Europe in a special way. The financial crisis has produced a high level of insecurity both social and in terms of ideals, but the values of Europe may continue to be the basis of a compact between rights and growth, capitalism and democracy. A common currency, a common history, a common culture, a common foreign policy, a common social model, despite contradictions and afterthoughts, have, in the past, been a hope of civil development and cannot today be obstructed by the euro crisis, but relaunched, as a concrete proposal of coexistence19. This target is reachable through institutional intervention which should be aware of the great specific European legacy, and condensed into a European patriotism which could be much more assertive than it is today. A widespread selfconsciousness about the significance of the European legacy is necessary for the Europeans, and for those who look to Europe while ignoring the shadows that surround an experience that is sparkling in other ways. In Europe, prejudice, chauvinism, and intolerance, are not only addressed to Muslims or immigrants. Educational intervention is an approach that seeks to implant mutual understanding and to remove routine stereotypes20. The promotion and maintenance of civil society requires a permanent background for 2010; S. Bielanski, Poland in NATO (1999–2009): between Historical Memory and Challenges of the Future, Challenges and Strategic Divergences from National Perspectives‟, [in] NATO in the 60th Anniversary of the Atlantic Treaty. Challenges and Strategic Divergences from National Perspectives, A. Carati, C. Frappi (eds), FrancoAngeli, Milano 2009. 19 J. Habermas, Der gespaltene Westen. Kleine politische Schriften, Suhrkamp, Frankfurt am Main 2004. 20 F. Sidoti, M. Gammone, The Sociological Intervention, in R. Kincal (ed.), International Symposium on Democracy and Democracy Education in Europe, Nobel Yayn, Ankara 2009, pp. 216-228.

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republican virtues. Educational intervention is an attempt to make sense of the deep social transformation which is going on21. Above all, the best weapon against intolerance remains education, which can create solid foundations for an open society, respectful of pluralism and diversity. Promoting republican and democratic values is particularly important from the crucial formative years, when children are in primary school. Frequently educators are able only to speak generically about freedom, tolerance, multiculturalism. The profound meaning of the best European identity is ignored. The common future of Europe is within the school system, especially concerning the themes of citizenship. There is today a nationalistic rhetoric, still alive, mistakenly supposed as dissolved in the civilization of the well-intentioned global village. The old nationalism was often racist, xenophobic, chauvinist. It seemed to have gone away. On the contrary it is strong, even if disguised. It seems less strong than once, because it is expressed in a different manner from the past. Many European citizens do not have a clear idea about European identity. Above all, they love their own country; this love is not a constitutional patriotism and they have not a cosmopolitan outlook22. European classrooms give a sweet pick-and-mix fashion about liberty, tolerance, multiculturalism, and so on, but, under the sweet external surface, the internal feelings remain of mistrust. It is hard to be a good citizen; it is hard to grow good citizens23. Our classical Europe is insufficiently appreciated even by the people who must teach the best of it. In Europe and America, in the Middle East and in the world, in the schools and in the media, in universities and at home, for the young and the old, for women and men,

21 D. Vrancken, O. Kuty (éds.), La sociologie et l’intervention. Enjeux et perspectives, De Boeck Université, Bruxelles 2001; M. Burawoy, Public Sociology in the Age of Obama, in “Innovation. The European Journal of Social Science Research”, 22, 2, 2009, pp. 189-99. 22 Ul. Beck, Ed. Grande, Das kosmopolitische Europa: Gesellschaft und Politik in der Zweiten Moderne, Suhrkamp, Frankfurt am Main 2005. 23 R. N. Bellah, The Good Society, Knopf, New York 1991.

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Mariateresa Gammone THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE dissatisfied people have a right to be properly informed about their roots and their dreams24. THE FRONTIER IN THE GLOBAL VILLAGE In 1962, long before the World Wide Web, McLuhan described how the globe has been contracted into a village by electric technology. He came up with the expression "the global village" as a way to describe the effect of radio in the 1920s. McLuhan never assumed that uniformity and tranquility were the properties of the new global village, where he noted disagreement on all points because it produces more diversity and division under the pressure of discontinuous social conditions. The new media have not created an unified global cultural community, but have bring humans in more intimate contact with each other than ever before in history. We have seen the flattening of the world through lower transportation costs and faster communications. This doesn't mean that the nations disappear off the map. Far from it. Nations remain a prospect and we will all continue to be fascinated by tradition, languages, differences. There is not a final frontier "on the point of finally being achieved". Every supposed "final" frontier has been displaced by some other and more potent one. The frontier is ceasing to be environmental and every frontier becomes the content of another environment. In the flood of information, knowledge and values are at risk25. In promoting democratic identity (in the direction of the Copenhagen criteria), Europe’s education systems are not very successful. Many reports show that clearly26. Here, we are speaking 24 M. Zehfuss, Constructivism in International Relations, Cambridge University Press, Cambridge 2002. 25 Cfr. D. Weinberger, Too Big to Know: Rethinking Knowledge Now That the Facts Aren't the Facts, Experts Are Everywhere, and the Smartest Person in the Room is the Room, Basic Books, New York 2011; J. Gleick, The Information: A History, a Theory, a Flood, Fourth Estate, New York 2011. 26 M. Gammone, F. Sidoti, Che cosa significa essere europeo? Una ricerca al cuore e ai confini dell’Europa, FrancoAngeli, Milano 2013; M. Y. Eryaman, S. Z. Genc, E. Aktan, Perceptions of the EU and Democratic Values, in J. A. Spinthourakis, J. Lalor, W. Berg (eds), Cultural diversity in classrooms, Verlag für Sozialwissenschaften, Berlin 2011, pp. 180-196.

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about an international problem, known and discussed in many ways. Perhaps Daniel Bell’s book27, was the first in a long series of highly controversial books defending the idea that universities and academic culture are failing to serve the needs of contemporary citizens. From that perspective, the current state of higher education in American universities was very bleak. In his first big speech on education, President Obama (a clear beneficiary of an aristocratic education) made clear that changes were desperately needed in the USA. Education statistics indicated some 5.1 million students in the United States as English language learners, a 60 percent increase from 1995 to 2005. As old concerns vanish, new concerns arise: many quote the waves of immigration. Some observers note that a nation which once prided itself of being a melting pot, now is searching an arrangement of the means to teach immigrant students. It is hard to assimilate the newcomers and their children. In a souring economy, school’s financing challenges have intensified resentment over foreigners and immigrants. Education is a general human endeavor. Even nutrition education is essential to health and well-being. Kids gravitate toward unhealthy items such as cookies or chips even when more nutritious items are available. In a parallel way, education concern is compelling in many European classrooms and in many European minds. There is always a kind of European dream in the classrooms. All the pupils are immigrants in the New World of the educational system. Within classrooms of primary schools, alien immigrants and native born immigrants have not in the right measure the kind of intense educational training they deserve. In our data and discussions on education, it was easy to detect latent and uncivilized fixtures in a sort of McCulture28, even if apparently good to taste, ready and cheap for everyone. "Tell me what you eat," said the French gastronomist

D. Bell, The Cultural Contradictions of Capitalism, Basic Books, New York 1976, listed by the Times Literary Supplement as among the 100 most important books in the second half of the twentieth century. 28 G. Ritzer, The McDonaldization of society 5, 7th Edition, Sage, Thousand Oaks 2012; B. Barber, Jihad vs McWorld: How Globalism and Tribalism Are Reshaping the World, Ballantine, New York 1995. 27


SECURITY DIMENSIONS Anthelme Brillat-Savarin, "and I will tell you what you are". In Europe, an indispensable perception of critical heritage is at the periphery and along its borders. Can there may be a Europe of knowledge without a Europe conscious of its classical points about frontiers? Or will it turn out that, having globalized the frontiers, the Europeans had forgotten to globalize their popular cultures?

REFERENCES 1. Aron R. Plaidoyer pour l'Europe décadente, Laffont, Paris 1977. 2. Beck Ul., Ed. Grande, Das kosmopolitische Europa: Gesellschaft und Politik in der Zweiten Moderne, Suhrkamp, Frankfurt am Main 2005. 3. Bell D., The Cultural Contradictions of Capitalism, Basic Books, New York 1976. 4. Bellah R. N., The Good Society, Knopf, New York 1991. 5. Bielanski S., La Polonia tra Europa e Russia, „ISPI. Quaderni di relazioni internazionali‟, n. 13, novembre 2010. 6. Bielanski S., Poland in NATO (1999–2009): between Historical Memory and Challenges of the Future. [in:] NATO in the 60th Anniversary of the Atlantic Treaty. Challenges and Strategic Divergences from National Perspectives, A. Carati, C. Frappi, (eds), FrancoAngeli, Milano 2009. 7. Gruen E. S., Rethinking the Other in Antiquity, Princeton U. P., Princeton 2010. 8. Enzensberger H. M., Sanftes Monster Brüssel oder Die Entmündigung Europas, Surkamp Verlag, Berlin 2012. 9. Eryaman M. Y., Genc S. Z., Aktan E., Perceptions of the EU and Democratic Values, [in] J. A. Spinthourakis, J. Lalor. W. Berg (eds), Cultural diversity in classrooms, Verlag für Sozialwissenschaften, Berlin 2011. 10. Febvre L., L’Europe. Genèse d’une civilisation, Librairie Académique Perrin, Paris 1999. 11. Giddens A., Europe in the Global Age, Polity, London 2006. 12. Gleick J., The Information. A History, a Theory, a Flood, Fourth Estate, New York 2011.

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13.Habermas J., Zur Verfassung Europas. Ein Essay, Suhrkamp, Berlin 2011. 14.Habermas J., Der gespaltene Westen. Kleine politische Schriften, Suhrkamp, Frankfurt am Main 2004. 15.Heidegger M., Hölderlins Hymnen “Germanien” und “Der Rhein”, Gesamtausgabe, Klostermann (first edition 1934) 1999. 16.Kagan R., The Return of History and the End of Dreams, Knopf, New York 2008. 17.Laqueur, After the Fall: The End of the European Dream and the Decline of a Continent, Thomas Dunne, New York 2012. 18.Mazzarino S., Tra Oriente e Occidente, Bollati Boringhieri, Torino 2007. 19.Mazower M., Dark Continent. Europe’s Twentieth Century, Penguin, London 1998. 20.Popper K., The World of Parmenides. Essays on the Presocratic Enlightenment, Routledge, London 1998. 21.Price S., Thonemann P., The Birth of Classical Europe. A History from Troy to Augustine, Allen Lane, London 2010. 22.Rifkin J., The European Dream. How Europe's Vision of the Future is Quietly Eclipsing the American Dream, Tarcher, New York 2005. 23.Ritzer, G., The McDonaldization of society 5, 7th Edition, Sage, Thousand Oaks 2012. 24.Sidoti F., Gammone M., Che cosa significa essere europeo?. Una ricerca al cuore e ai confini dell’Europa, FrancoAngeli, Milano 2013. 25.Sidoti F., Gammone M., The Sociological Intervention, [in] Kincal R. (ed.), International Symposium on Democracy and Democracy Education in Europe, Nobel Yayn, Ankara 2009. 26.Schmidt E., Cohen J., The New Digital Age. Reshaping the Future of People, Nations and Business, Knopf, New York 2013. 27.Snyder T. D., Bloodlands. Europe Between Hitler and Stalin, Basic Books, New York 2010. 28.Turner F. J., The Frontier in American History, Holt, New York 1920. 29.Vrancken D., Kuty O. (éds.), La sociologie et l’intervention, De Boeck Université, Bruxelles 2001.

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Mariateresa Gammone THE EUROPEAN FRONTIER IN OUR GLOBAL VILLAGE 30.Zielonka J., Why the World Should Worry about Europe’s Disarray, „Current History. A

Journal of Contemporary World Affairs‟, 2013, January, 750.

AUTHOR Mariateresa Gammone, Ph.D. – tenured researcher. Department of life, health and environmental sciences, L’Aquila University, Italy. Law degree, University of Bari, Italy, mark 110 out of 110, 1995.Specialization course in Taxation and Law, School of Management, LUISS Guido Carli, Rome, 1997. Since 2001, cooperation in the preparation, planning, direction, School of Investigative Sciences, L'Aquila University, carrying out tasks part educational and part scientific, in cooperation with various academic, ministries, professional bodies, from conception to management, on a daily basis. 2006, Course on public administration and territorial development, National Research Council, Rome.2006, Master's Degree "Discipline del lavoro", sindacali e della sicurezza sociale, Rome University, Tor Vergata. 2007, Ph.D. in Criminology, Ludes Università, Lugano, Switzerland. 2008, winner of national competition, Sociology, SPS07, University of L'Aquila.

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SECURITY DIMENSIONS

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A RESCUE SHOT – RESOLVING HOSTAGE SITUATIONS IN POLICE OPERATIONS Kuba Jałoszyński

ABSTRACT The issue of a rescue shot and a shot on command is a matter that presently needs a more precise legal definition. The author presents the issue, which requires a most urgent solution, while comparing it with relevant regulations in the

United Kingdom, the Netherlands, Germany and Spain. Thus he provides a broad picture of possible solutions to the critical problem of a rescue shot and a shot on command. .

KEY WORDS rescuing shot, shot on command, law

Direct coercive measures encroach on the sphere of fundamental liberties and human rights guaranteed by law. The use of these measures consists in a physical action on a human being (by causing physical discomfort, most frequently pain) aimed at forcing them to behave in a specific manner that is in accordance with law. At the same time, it would not be possible to fully implement the tasks associated with human safety without solutions based on direct coercive measures. Firearms are means of a special and ultimate nature in the armoury of direct coercive measures used by state agencies. This is why their use has been precisely regulated, with legal provisions strictly providing who, how and under what circumstances may use firearms1. Prescriptive regulation of the issue of the use of weapons by a sniper has proven extremely difficult. This is, among other considerations, because a sniper operates away from any direct threat to his person and may use weapons either under his own decision or when authorised by his commander2. Experiences resulting from intensive training and real life operations form a potential of J. Mróz, Użycie broni palnej w działaniach ratowniczych – sytuacja zakładnicza, [in:] Zagadnienia fizycznej walki z zagrożeniami terrorystycznymi. Aspekty organizacyjne i prawne, edit. K. Jałoszyński, Warszawa 2010, p. 290. 2 P. Brookesmith, Strzelec wyborowy. Szkolenia, uzbrojenie, technika działania, Warszawa 2001, p. 127 et seq. 1

a personal safety philosophy3 while the responsibility for effects of his actions is distributed between two individuals. As can be seen, the issue in question fits in the first, mental, and second, organisational and legal, pillar of the safety culture.4 The issue in question requires legal regulation of the two following areas: 1. The possibility of a sniper firing a shot on command. At present, the concept of a shot on command applies solely to prevention troops and such shot must be preceded by a warning salvo; 2. Permitting elimination of a person against whom a sniper is using his weapon (a shot that is highly likely to be lethal – a situation that is unacceptable

G. Michałowska, Bezpieczeństwo ludzkie, [in:] Świat wobec współczesnych wyzwań i zagrożeń, sci. edit. J. Symonides, Wydawnictwo Naukowe SCHOLAR, Warszawa 2010, pp. 227-234; J. Piwowarski, Bezpieczeństwo jako pożądany stan oraz jako wartość, [in:] Bezpieczeństwo jako wartość, "Wydanie pokonferencyjne z II Konferencji Naukowej z cyklu "Bezpieczeństwo jako wartość" zorganizowanej przez Wyższą Szkołę Bezpieczeństwa Publicznego i Indywidualnego "Apeiron" w Krakowie, 18 kwietnia 2008", Kraków 2010, p. 56. 4 J. Piwowarski, Trzy składowe kultury bezpieczeństwa, Słowo wstępne, [in:] "Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje." WSBPiI "Apeiron", nr 9, p. 5. 3

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Kuba Jałoszyński A RESCUE SHOT – RESOLVING HOSTAGE SITUATIONS IN POLICE OPERATIONS under Polish legislation)5. The issue of permitting a rescue shot – i.e. a shot that neutralises the threat of a hostage's/hostages' death by eliminating the person who poses a real threat of perpetrating such action, fired either under the sniper's own judgement or when authorised by the commander – is a situation that has not been regulated in Polish legislation. Despite a number of demands, including the ones arising from the findings made by the commission established to investigate the event in Magdalenka near Warsaw6, Polish law does not provide for the use of firearms by a sniper under provisions other than referring to the currently binding cases and conditions applicable to the use of firearms. The same provisions do not permit firing a shot on command either. Opponents of introducing regulations of this nature point to the ruling by the Constitutional Tribunal that questioned the right to shoot down a passenger aircraft as being in conflict with the Constitution. One should note, however, that in their reasons for their ruling, the Tribunal referred to an unacceptable situation of killing innocent people. Therefore, one should not presume that the two situations are analogous. Indeed, [the sniper's] weapon would be used against an offender, for what else can one call a situation when one person is putting a weapon to another's person's head or using another dangerous tool to threaten to take that person's life. Such situation meets the legal prerequisites for a crime that the Penal Code defines as an attempted homicide. It is the States role to prevent crimes. So, it is better to allow a sniper to take a rescue shot to prevent an attempted homicide than to allow such an act to

K. Jałoszyński, Jednostka kontrterrorystyczna – element działań bojowych w systemie bezpieczeństwa antyterrorystycznego, Szczytno 2011, p. 114. 6 During the operation in Magdalenka near Warsaw on 5/6 March 2003, launched to detain two perpetrators of the killing of a police officer that took place in the town of Parole near Warsaw in 2002, two police officers of the Combat Directorate of the Central Bureau of Investigation lost their lives in the blast of an explosive device planted by the criminals. Both criminals were killed in the firefight. (author's footnote)

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be committed as a result of a legislative omission7. June 2013 saw the entry into force of the Coercive Measures and Firearms Act 8, which regulates when direct coercive measures and firearms may be used. Specific cases in which firearms may be used are enumerated in Chapter 3 – Firearms, Article 45, while the use of firearms is regulated in Article 46. The legislators resigned from allowing prevention troops to use firearms, except for when a state of emergency has been announced, which was permitted under the previous legislative solution. At present, prevention troops have a wide range of direct coercive measures available that allow them to control crisis situations without resorting to the ultimate measure of firearms. In the case of a direct threat to one's life or health, an authorised person may use firearms under generally applicable provisions9. Although this solution is by all means pragmatic, the legislator omitted the possibility of using firearms on command in a rescue shot scenario. The new regulation still contains the principle for the use of firearms under which they should be used in a manner that is possibly least damaging10. One cannot clearly define "the extent" of damage in relation to the health of a person against whom a firearm has been used. Whether such damage is small or big differs for different people and is determined by various factors. Furthermore, how can one aim to cause the least damage possible in a situation when a firearm is used that fires rifle bullets (a rifle bullet's energy ranges from 2,200 J to 10,000J11), whose K. Jałoszyński, Jednostka kontrterrorystyczna, op. cit., p. 117. 8 Coercive Measures and Firearms Act of 24 May 2013, Journal of Laws of 3 June 2013, Item 628. 9Ustawa o środkach przymusu bezpośredniego weszła w życie http://www.msw.gov.pl/portal/pl/2/10963/Ustawa_o_srodkac h_przymusu_bezposredniego_weszla_w_zycie.html – 19 June 2013 10 Biuro Prewencji i Ruchu Drogowego KGP, Uprawnienia funkcjonariusza policji w zakresie użycia lub wykorzystania środków przymusu bezpośredniego i broni palnej, Warszawa 2013, p. 34 (a training material for police officers). 11 http://docs6.chomikuj.pl/1916469491,PL,0,0,artyk.docx 19.06.2013 r. 7


SECURITY DIMENSIONS stopping power [a ballistic injury after which the target is unable to move or shoot within 30 seconds (…) The term is used for evaluating ammunition and short weapons designed for fighting at distances of up to 20 yards (e.g. in the course of police operations) as well as in reference to long weapons (…)12] is undoubtedly in the region of more than 95%. One should clearly differentiate between the term use of a sniper weapon and situations when sniper weapons are used as part of the so-called sniper option, which is an element of a tactical solution to the arising crisis situation. In the former case, the sniper uses his weapon under generally applicable provisions (cases and conditions set forth in the Act) in a situation when a criminal has already used weapons and a direct threat to one's life or health has occurred. Still, the sniper is bound by restrictions arising from the firearms regulations. In order to make it possible to execute the above tasks, as may be required by the assumed tactics, it is essential to legally provide for firing a rescue (neutralising) shot and a shot on command. Both these situations must be legally permitted. The issue of firing a rescue shot has been contemplated in a number of European countries. Majority of German Lands have regulated it under relevant police law provisions as well as in the Constitution, which does not shut the door for a further discussion regarding the interesting and complex point of permissibility of a lethal shot13. Although the aforementioned issue is not new and was discussed in the subject literature on a number of occasions, arguments for and against permissibility of the use of snipers are not all presented clearly14. A deliberately lethal shot comes as a special police situation where events must evolve in a way that puts the police officer before a choice: either to passively observe as the perpetrator will most probably and very soon kill or seriously Stopping power – http://pl.wikipedia.org/wiki/Ra%C5%BCenie_obalaj%C4%85 ce – 19 June 2013 13 Based on: F. Thiede, Zulässigkeit des gezielen Todesschusses (sogenannter "finaler Rettungsschuss") durch Polizeivollzugsbeamte des Bundes und der Länder, "Kriminalistik" 3/00, pp. 207-210, 2000. 14 Ibid. 12

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wound (further) people, or to allow a police sniper to deliberately fire a lethal shot that will prevent the criminal from continuing his/her actions or finalising his/her plans15. In the European Council's system, the standard regarding the use of force is set forth in the European Convention on Human Rights of 1950 (ECHR) and the Declaration on the Police, which was attached to Resolution 690 (1979), adopted by the Parliamentary Assembly of the Council of Europe on 8 May 1979. As an international treaty, the ECHR is included in the body of hard international law. On the other hand, the Declaration of the Police is part of the socalled soft international law16. The ECHR does not contain provisions directly regarding the use of firearms by law enforcement officers. The task to establish such provisions was given to the European Tribunal of Human Rights (and the previously existing Human Rights Commission). However, this sphere is referred to, albeit indirectly, in Article 2 of the ECHR, which regards the right to life, and particularly its Clauses 2 a, b and c. The Article is addressed not only to the legislator but also inter alia to the Police, whose competencies must be within the remit defined by that provision. Article 2.2 of the ECHR permits deprivation of life when it is inflicted as a result of the use of force which is no more than absolutely necessary: 1. in defence of any person from unlawful violence, 2. in order to prevent a lawful arrest or to prevent the escape of a person lawfully detained, 3. in action lawfully taken for the purpose of quelling a riot or insurrection17. In its Point A12, the Declaration on the Police states that state officers shall use all necessary determination to achieve an aim which is legally required or allowed, but they may never use more force than is necessary. In accordance with Point A13, state officers shall receive clear Ibid. Based on a material by Biuro Operacji Antyterrorystycznych KGP of 2008 , podinsp. M. Pałka, Warszawa 2008 (typescript). 17 Ibid. 15 16

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Kuba Jałoszyński A RESCUE SHOT – RESOLVING HOSTAGE SITUATIONS IN POLICE OPERATIONS

and precise instructions as to the manner and circumstances in which they should make use of arms. In a footnote to the document, it is explained that Part A covers all individuals and organisations, including such bodies as secret services, military police forces, armed forces or militias performing police duties, that are responsible for enforcing the law, investigating offences and maintaining public order and state security18. Standards regarding the use of firearms in certain European countries refer directly to the rescue shot situation. The United Kingdom – a great majority of British police officers do not routinely carry firearms, as the country professes the police nongun policy. However, each formation has specially designated officers, Authorised Firearms Officers, who have received training in using firearms19. British law does not contain provisions that precisely regulate the use of arms by police officers. The use of direct coercion by a police officer must be viewed in the light of Section 3 of the Criminal Law Act 1967, which permits using such force as is "reasonable" in the circumstances. What force is "reasonable" is decided by the jury. In addition to the Act, there is the principle of common law, a justification for private defence that gives the right to use a reasonable force in defending oneself, another person or property. Also in such cases it is the jury who decide whether a measure used in the circumstances was "reasonable". There are two perspectives in which one can view mistakes regarding the above justification: the objective one that takes into consideration whether the defendant's fair belief regarding the course of events has reasonable grounds, and the subjective one that focuses on analysing the defendant's belief regardless of whether it is reasonable or not20. Issued by the Home Office in 1983, guidelines for the police force regarding providing police officers with and their use of firearms state that firearms may be used only as a last resort when conventional methods have proven/would

prove ineffective. The guidelines emphasise the principle of minimum force necessary in the circumstances and impose the obligation of giving an oral warning that firearms will be used unless such warning is not advisable21. Apart from national regulations, the standard regarding the use of firearms in the United Kingdom has been shaped also by the body of Strasbourg rulings. In accordance with Article 46 of the ECHR "The High Contracting Parties undertake to abide by the final judgement of the Court in any case to which they are parties". Indeed, a number of cases in the Court against the United Kingdom regarded the issue of the use of firearms. Numerous judgements issued by the Court emphasised absolute necessity for the use of weapons by British officers to arrest the perpetrator or prevent his/her escape, and also stressed that weapons may never be used with the intention to kill. Any death that may occur in the process may only be accidental22. Moreover, British police officers are required to conduct any operation involving the use of firearms in accordance with one of the purposes set forth in Article 2.2 of the ECHR23. Whether the use of firearms is premeditated or intentional is just one of many factors which British police officers must take into consideration while assessing whether such use is necessary. No use of force can be anything more than an absolutely necessary action leading to the achievement of one or more purposes set forth in Article 2.2 of the ECHR. Also, British police officers should pay particular attention to proper planning, preparation and control of any operation in which weapons are used24. Finally, there should be no relation whatsoever between officers investigating a firearm incident and officers involved in that incident25. The Netherlands – The grounds, principles and methods of using firearms by Dutch police officers are regulated under Article 7 of the Police Act 1993 and the police instruction issued in 1994. Ibid. Ibid. 23 Ibid. 24 Ibid. 25 Ibid. 21 22

Ibid. Ibid. 20 Ibid. 18 19

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SECURITY DIMENSIONS Under the Act, police officers have the right to use force during lawful execution of their responsibilities. While doing so, they must follow the principles of proportionality, subsidiarity, reason and moderation. Article 8.2 of the abovesaid Act requires that a warning must be given of any use of a coercive measure26. The use of firearms is regulated under Articles 7–12 of the police instruction, which differentiates between non-automatic and automatic weapons and sniper rifles. Nonautomatic weapons may be used to force a person suspected of having committed a serious crime to give in to arrest or another restriction of freedom when there are reasonable grounds to believe that such person is armed and will use the weapon against another person, when arresting a person evading arrest who is suspected of having committed a serious crime, and to quell riots. However, no use of weapons in the aforementioned cases shall be regarded as appropriate if the suspect's identity is known and delaying the arrest does not cause any threat. Automatic weapons may be used when there is a serious risk of a direct threat to a person, when arresting dangerous suspects and to protect people or facilities. Finally, sniper rifles may be used only in cases of very serious crimes to prevent a direct threat of a loss of life and then only by a specially trained person and solely on command from the superior. The provision of Article 9 of the instruction constitutes the legal basis for the use of firearms (a sniper rifle) with the intention to kill a person (shoot to kill)27. Spain – Due to the high level of terrorist threat in the country, around 85% of hostage situations are resolved with the use of police snipers. The decision to take the shot is made by the officer commanding the police operation, and that officer is also the one to determine what type of a shot is going to be appropriate for the threat: · · ·

Regardless of what orders are given by the officer commanding a given operation, each case of the use of snipers is considered by the court and assessed in terms of legitimacy and evidence. Distances from which sniper shots are fired do not exceed 100 m29. The issue of a rescue shot and a shot on command is a matter that our country cannot possibly "escape". It is directly related with implementation of the constitutional obligation stipulated in Article 5 of the Basic Law.30 The issue must be solved as soon as possible – before we are faced with a real dilemma of whether to resolve a crisis hostage situation with the use of snipers.

REFERENCES 1. Biuro Operacji Antyterrorystycznych KGP z 2008 roku, podinsp. M. Pałka, Warszawa 2008 (typescript). 2. Brookesmith P., Strzelec wyborowy. Szkolenia, uzbrojenie, technika działania, Warszawa 2001. 3. Jałoszyński K., Jednostka kontrterrorystyczna – element działań bojowych w systemie bezpieczeństwa antyterrorystycznego, Szczytno 2011. 4. Michałowska G., Bezpieczeństwo ludzkie, [in:] Świat wobec współczesnych wyzwań i zagrożeń, sci. edit. J. Symonides, Wydawnictwo Naukowe SCHOLAR, Warszawa 2010. 5. Mróz J., Użycie broni palnej w działaniach ratowniczych – sytuacja zakładnicza, [in:] Zagadnienia fizycznej walki z zagrożeniami terrorystycznymi. Aspekty organizacyjne i prawne, edit. K. Jałoszyński, Warszawa 2010. 6. Piwowarski J., Bezpieczeństwo jako pożądany stan oraz jako wartość, [in:] Bezpieczeństwo jako wartość, "Wydanie pokonferencyjne z II Konferencji Naukowej z cyklu "Bezpieczeństwo jako wartość" zorganizowanej przez Wyższą Szkołę Bezpieczeństwa Publicznego

Shot A – head, Shot B - torso, Shot C – limbs28.

29

Ibid. 27 Ibid. 28 Ibid. 26

10

Ibid.

30Article

5 of the Constitution of the Republic of Poland of 2 April 1997 (Journal of Laws No. 78, 1997, Item 483, as amended).

33


Kuba Jałoszyński A RESCUE SHOT – RESOLVING HOSTAGE SITUATIONS IN POLICE OPERATIONS

i Indywidualnego "Apeiron" w Krakowie, 18 kwietnia 2008", Kraków 2010. 7. Piwowarski J., Trzy składowe kultury bezpieczeństwa, Słowo wstępne, [in:] "Kultura Bezpieczeństwa. Nauka – Praktyka – Refleksje." WSBPiI "Apeiron", no. 9.

8. Thiede F., Zulässigkeit des gezielen Todesschusses (sogenannter "finaler Rettungsschuss") durch Polizeivollzugsbeamte des Bundes und der Länder, "Kriminalistik" 3/00, pp. 207-210, 2000.

AUTHOR Prof. Kuba Jałoszyński former commander of the sub-division of the anti-terrorist command Metropolitan Police, the creator of the concept of the central Polish police anti-terrorist unit, a professor of military science and tactics.

34


SECURITY DIMENSIONS

10

WIDE COMPREHENSION OF SECURITOLOGY IN STUDIES ON CULTURE OF NATIONAL SECURITY Juliusz Piwowarski

ABSTRACT The article concerns issue of the concept of national security in the transdisciplinary research area of security studies. Recalled were the most important definitions of national security and culture of national security to accentuate how the comprehension of this concept varies in modern countries and depends on the conception of nation characteristic for a state.

National security is of great importance for contemporary security studies and for the security of each state, therefore it is important to understand the mechanism of this phenomenon as well as the conception itself. The objective was also to accentuate how important it is to perceive this phenomenon widely i.e. taking into account also a cultural aspect of the state security.

KEYWORDS Security culture, state security, security studies Change of the research perspective in social For the purpose of this elaboration author sciences is necessary in the modern world. A new refers to the political conception of the nation, despite dynamic version of constant social evolution replaces of taking into account the important role of ethnic the vision of self-regulative social system. Every elements in building the identity of the most of dynamic vision requires application of a diachronic contemporary national states – from Great Britain, approach. This kind of researches on society during Germany, Ukraine, Czech Republic, Slovakia and France to Poland, India, China or Canada, USA, and constituting, require a focus on the historical factors Russia. which shapes the reality. Therefore currently more and Holistic approach to national security includes more popular and required is cultural analysis of the reality, since ideas, meanings and symbols become its two types of components1: central points and furthermore, the global society is 1. internal elements of national security; being replaced by a regional society, which as a primal 2. external elements of national security. institution creates cultural patterns. Processes of developing national security are Therefore the level of national security depends dichotomous, i.e. they go in internal structures of on real abilities of the strength embedded in nation (society of a country) and in the environment of certain country, which is international, where the multicomponent national culture. National culture threats, challenges and chances for the safety of a consists of particular elements, which create the national security culture cultivated by the population of nation or a state arises. the state territory and state structures, due to Let us recall the concise definition of the state security by Berkowitz and Bock: “national security is a multigenerational transmission. an ability of a nation to protect its internal values from Anglo-Saxon approach to security studies (and external threats”2. international studies) prefers so-called political Different definition of state security we may conception of nation. According to the conception of the find in Encyclopedia Britannica: phenomenon termed nation, the state was established as first. Then, out of people, who lived on the territory of the state, the nation was formed. The most 1 Cf.: L. Freedman, The Concept of Security, [in:] M. representative is the example of United States of Hawkesworth and M. Kogan (ed.), Encyclopedia of America. On the European continent, looking closely at Government and Politics, Routledge Publ., London/New the history of other European nations, we may consider York 1992, vol. 2 p. 733. Germans as such example, for they waited long for the 2 M. Berkowitz, P. G. Bock (ed.), American National Security: historical moment of unification. reader in theory and policy, New York 1965, p. X. 35


Juliusz Piwowarski WIDE COMPREHENSION OF SECURITOLOGY … “national security is protection of a certain country from the threat of a conquest by an external power - the same protection of life rights and interests of a country in international relations available for citizens of every well-organized national community in its interpersonal relations”3. Taking into account the first of abovementioned definitions of national security one consider the axiology and decide which values are to be protected by the nation and the state in the context of internal and external aspects of security. The scope of national security is defined within equation with the scope of national interest. The most important is of course the need and value of surviving4. American scholars, who deal with the discipline of security studies, distinguish also other values, necessary for the possibility of building the culture of national security by the society and the state: - sovereignty and independence of the state; - physical survival of the living power of a nation (society) - despite of the possibility of activation of deadly threats; - efficient social and economic system and elasticity, dynamic and development of this system; - consistent system of ideas (sociocultural system) and the ideology of a state; - stabile, respected and high position of the state on the international politics arena; - sufficient, in opinion of citizens, standard of life. When it comes to Polish researchers of the state security values of the national needs are as follows5: - political values; - ideological values; - culture and civilization values - social values. National security is comprehended as a state achieved by a country in result of specified organization of defense and protection against external and internal threats. This state may be defined within the level of assurance of obtaining the sense of security through anticipation, identification, controlling and possible threats counteracting. This level of assurance is a result of the ratio of defense potential of a state to actual size of threats against the

Encyclopedia Britannica, The University of Chicago Press, Chicago 1956, v. 20 p. 265. 4 R. E. Osgood, Ideal of Self-Interest in America's Foreign Relations, University of Chicago Press, Chicago 1953, p. 5. 5 Cf.: A. D. Rotfeld, Bezpieczeństwo Polski a bezpieczeństwo Europy, [in:] A. D. Rotfeld, Międzynarodowe czynniki bezpieczeństwa Polski, PWN, Warszawa 1986, p. 15-18; Z. Berent, Pokój międzynarodowy i bezpieczeństwo – próba definicji, [in:] „Sprawy międzynarodowe”, 1988, no. 6, p. 120. 3

36

nation living in it6. Contemporary conceptions and definitions of security are a result of redefinition of traditional approach to this category. It is not only a “system of circumstances due to which a state is not going to be an object of attack, or at least such attack would have no chance of succeeding”7. Contemporary the definition of security culture has been expanded in internal and external aspects. Richard Ulman, making a review and analyzing threats against security of the USA came to a conclusion that now it would be a mistake to focus merely on identifying and neutralizing military threats. There is a need of spectral (holistic) regard on the whole range of phenomena, which may influence decline in the quality of existence of the society, as well lead to substantial limits, when it comes to the freedom to choose alternative solutions by the authorities due to further development. National security is strongly associated with international security. Internal security of other countries is now related, or even is an external aspect of national security of states. The reason was globalization and threats, which Roman Kuźniar defined as “external attack realized from the inside”8. As Karina P. Marczuk notices, this phenomenon created the need and possibility for international cooperation, which regards internal security of national states9. According to Marczuk, holistic considerations on security of an entity in Copenhagen theory of security sectors assume that “problems of the security of specified group of participants of international relations have to be treated comprehensively, inseparably. Therefore referring to internal security [a state] in wide comprehension, we may assume that it is not [or it does not have to be] a separate category, but along with external security it creates holistic security of a state entity. According to R. Zięba “internal security means stability and harmony of specified organism or system (collective entity) – and to compare – external security Cf.: Słownik terminów z zakresu bezpieczeństwa narodowego, Akademia Obrony Narodowej, Warszawa 2002 p. 14. 7 Dictionaire Diplomatique, Akademic Diplomatique Internationale, Paris, vol. III, term: securite. 8 R. Kuźniar, Niebezpieczeństwa nowego paradygmatu bezpieczeństwa, [in:] R. Kuzniar, Z. Lachorski (ed.), Bezpieczeństwo międzynarodowe czasu przemian: zagrożeniakoncepcje-instytucje, Polski Instytut Spraw Międzynarodowych, Warszawa 2003, p. 225. 9 Cf.: K.P. Marczuk, Bezpieczeństwo wewnętrzne państw członkowskich Unii Europejskiej. Od bezpieczeństwa państwa do bezpieczeństwa, ASPRA, Instytut Nauk Politycznych Uniwersytetu Warszawskiego, Warszawa 2012, p. 46, 47. 6


SECURITY DIMENSIONS

[is] lack of threat of other entities”10. As Andrzej Misiuk noticed, in the literature on the subject from before 1989, the internal aspect of state security was leading to underlying the need to secure the legal and regime issues. Due to that used was mainly such term as security and public order. The internal affairs resort was dealing with this area. Activity of this resort was associated to political functions, which aimed to provide status quo in terms of legal and political order and to maintain the public order11. Discussing the narrow approach to internal state security, it can be concluded that it was mainly associated to ability of state apparatus to maintain and protect the first of defined above parameters – security and public order. It was related to the branch of security studies, defined as rationalism. It has to be emphasized though that realism in relation to the internal aspect of state security is prevalently based on negative approach to security phenomenon, as it exhibits inviolability of state borders, sovereignty of a national state, stability of authority, status quo related to state ideology, a regime defined in constitution, etc12. The origin of modern realism is associated with American tradition of security studies. Internal security of a state is based on providing efficient protection of “constitutional order, live and health of citizens and national wealth against illegal actions and results of natural and technical catastrophes”13. Further attempts of redefining the idea of security have led to perceiving it as a social construct and a culture of sectors of security (sectors of security - “thematic” areas of security studies), which was a breakthrough made by the Copenhagen School. The fact is that this breakthrough resulted in proportional researches on national security issues (starting from the needs of individuals to needs of nations) and not only a “state-centric” ones. One should consider, basing on abovementioned assumptions, how does it affect the R. Zięba, Kategoria bezpieczeństwa w nauce o stosunkach miqdzynarodowych, [in:] D. B. Bobrow, E. Halizak, R. Zięba (ed.), Bezpieczeństwo narodowe i międzynarodowe u schyłku XX wieku, Fundacja Studiów Międzynarodowych Wydawnictwo Naukowe Scholar, Warszawa 1997, p. 3-4. 11 Cf.: A. Misiuk, Administracja spraw wewnętrznych w Polsce (od połowy XVIII wieku do współczesności): zarys dziejów, Wydawnictwo Uniwersytetu WarmińskoMazurskiego, Olsztyn 2005, p. 221. 12 Ibidem, p. 40-42. 13 Bezpieczeństwo wewnętrzne Rzeczypospolitej Polskiej w ujęciu systemowym i żądań administracji publicznej, B. Wiśniewski, S. Zalewski (ed.), Bielsko-Biała 2006, p. 26.

10

studies on security, taking their interdisciplinary character into account. Now there is a need to perceive this phenomena not only in a state dimension, but also local and regional ones, which motivates the cultural analytical space. On the one hand it is associated with natural process of local community formation, on the other with conditioned dynamic technical development, which is an impulse for sense of world-wideness, but at same time for awareness of cultural diversity. Ipso facto the necessity of multiascpectuality of security culture studies places them in the field of transdisciplinary studies and hence they provide us the more complete picture of the object of studies i.e. security.

REFERENCES 1.

2.

3.

4.

5. 6.

7.

10

8.

9.

Berent Z., Pokój międzynarodowy i bezpieczeństwo – próba definicji, „Sprawy międzynarodowe”, 1988, no. 6. Berkowitz M.,. Bock P. G (ed.), American National Security: reader in theory and policy, New York 1965. Bezpieczeństwo wewnętrzne Rzeczypospolitej Polskiej w ujęciu systemowym i zadan administracji publicznej, B. Wisniewski, S. Zalewski (ed.), Bielsko-Biala 2006. Dictionaire Diplomatique, Akademic Diplomatique Internationale, Paris, vol. III, term: securite. Encyklopedia Britannica, The University of Chicago Press, Chicago 1956, v. 20. Freedman L., The Concept of Security [in:] M. Hawkesworth and M. Kogan (ed.), Encyclopedia of Government and Politics, Routledge Publ., London/New York 1992, vol. 2. Kuźniar R., Niebezpieczeństwa nowego paradygmatu bezpieczeństwa, [in:] R. Kuźniar, Z. Lachorski (ed.), Bezpieczeństwo międzynarodowe czasu przemian: zagrożenia-koncepcje-instytucje, Polski Instytut Spraw Międzynarodowych, Warszawa 2003, p. 225. Marczuk K. P., Bezpieczeństwo wewnętrzne państw członkowskich Unii Europejskiej. Od bezpieczeństwa państwa do bezpieczeństwa ludzi, ASPRA, Instytut Nauk Politycznych Uniwersytetu Warszawskiego, Warszawa 2012. Misiuk A., Administracja spraw

37


Juliusz Piwowarski WIDE COMPREHENSION OF SECURITOLOGY … wewnętrznych w Polsce (od potowy XVIII wieku do współczesności): zarys dziejów, Wydawnictwo Uniwersytetu WarmińskoMazurskiego, Olsztyn 2005. 10. Osgood R. E., Ideal of Self-Interest in America's Foreign Relations, University of Chicago Press, Chicago 1953. 11. Rotfeld A. D., Bezpieczeństwo Polski a bezpieczeństwo Europy, [in:] A. D. Rotfeld, Międzynarodowe czynniki bezpieczeństwa Polski, PWN, Warszawa 1986. 12. Słownik terminów z zakresu bezpieczeństwa

narodowego, Akademia Obrony Narodowej, Warszawa 2002. 13. Stańczyk J., Współczesne pojmowani bezpieczeństwa, Warszawa 1996. 14. Zięba R., Kategoria bezpieczeństwa w nauce o stosunkach międzynarodowych, [in:] D. B. Bobrow, E. Halizak, R. Zięba (ed.), Bezpieczeństwo narodowe i międzynarodowe u schyłku XX wieku, Fundacja Studiów Międzynarodowych Wydawnictwo Naukowe Scholar, Warszawa 1997.

AUTHOR: Juliusz Piwowarski, Ph.D. – Rector and lecturer of the School of Higher Education in Public and Individual Security “Apeiron” in Cracow.

38


SECURITY DIMENSIONS

10

EUROPEAN UNION – POLICE AND CUSTOMS COOPERATION. A HISTORICAL PERSPECTIVE Isabel Maria Freitas Valente

ABSTRACT The aim of this essay is to present the development and current state of Police and customs cooperation within the EU. Therefore, we present the subject in chronological order since the creation of the European Atomic Energy Community

and the European Economic Community (1957) until the Treaty of Lisbon (2007). And we argue that the Area of Freedom, Security and Justice can only make sense when the three components are present, without detriment to any.

KEYWORDS European Union; Police Cooperation; Customs Cooperation; Treaties

Since the creation, in 1957, of both the European Atomic Energy Community and the European Economic Community, the security issues that resulted from the free movement of people have often been raised. Nevertheless, it was during the discussion of the Single European Act that these concerns became a major focus of debate, as a greater emphasis was granted to the issue of safety. The articles 13 and 19 of the General Declaration of the Single European Act recognize to each State of the European Economic Community the right to “to take such measures as they consider necessary” to fight cross-border crime. Moreover, the Political Declaration by the governments of the Member States on the free movement of persons states that, “in order to promote the free movement of persons, the Member States shall cooperate, without prejudice to the powers of the Community, in particular as regards the entry, movement and residence of national of third countries. They shall also cooperate in the combating of terrorism, crime, the traffic in drugs and illicit trading in works of art and antiques.”1

http://www.eurotreaties.com/seafinalact.pdf [last accessed 30, January, 2014]. 1

With the European Single Act and its stated goal of, by 1993, having a functioning internal European market, and with the Maastricht Treaty, these issues became even more pressing, because, in order to maintain an area without internal frontiers that guarantees the free movement of persons, capital, services and goods, some of the border controls were bound to be transferred to the external borders controls of the States of the European Union (EU).2 If in the field of judiciary cooperation a vast diversity of international agreements can be found, namely inside the frameworks of the United Nations, the European Council, the EEC, or the Benelux, in the field of international police cooperation, until recently, this kind of agreements were either limited or nonexistent. In practice, this means that the only kind of agreements that actually exist in border and cross-border areas are administrative ones, destined to deal with specific situations.3 Idem. Regarding this topic, Maria João Guia, in her PhD dissertation, Imigração, Crime Violento e Crimigração (“Migration, Violent Crime and Crimigration”), Coimbra, 2014, pp. (policopied document), states that: “The cooperation between the countries, on a number of issues, has its roots in the public international law, namely through the copy-pasting of international conventions into Bilateral Agreements (…) 2

3

39


Isabel Maria Freitas Valente EUROPEAN UNION – POLICE AND CUSTOMS COOPERATION Traditionally, police cooperation consisted solely in the exchange of information between different police forces concerning matters related either to crime, the force’s professional training and specialized equipment, or technological innovations. There was a strong reason for this to be just so, because the celebration of any additional agreements between States concerning police matters was always bound to imply a loss of national sovereignty. Nevertheless, the European States have long ago settled that in order to move the European unification process forward, a deeper cooperation in police, judicial, and security matters was essential. Since the second half of the eighties, due to the impulse given to the attainment of an internal market, this specific kind of cooperation has been achieved with a greater intensity, and that has caused an impact that has been felt even by the common European citizen. One of the consequences of this new state of affairs is, for example, the abolition of the controls at the internal frontiers between EU States. The obvious consequence of this new reality is that the national security and judicial systems have become more vulnerable, thus forcing the member States to find compensatory measures capable of solving these new issues. Against this backdrop, the protection of the welfare of the citizens against local, or European criminality, demands a better mutual assistance between the law enforcing authorities of different Member States, in particular the police and customs personnel. This mutual assistance has as its cornerstone such institutions as Europol and the European Police College (APC), as well as good practices guidelines such as the principle of availability. The customs cooperation bases itself in the Naples II Convention and the Europol Convention. In order to secure the achievement of the goals of police and customs cooperation a number of different instruments were put in place. These include, for example, the Customs 2013 Programme and the mechanism for monitoring cash movements within the European Union. Multilateral Agreements (as the European Convention on Extradition of 1957, the European Convention on mutual judicial assistance – STE 030 – which was opened for signing on 20 April 1959, or the European Convention on the transfer of sentenced persons – STE 112 – which was opened for signing on 21 March 1983.”

40

In fact, police and customs cooperation has as its ultimate goal the ensuring of a high level of protection of the citizens. The foundations of this cooperation were laid in 1976, with the creation of the Trevi group. The cooperation was latter consolidated under the framework of the Tampere Programme, (1999) and Hague - Programme on strengthening freedom, security and justice in the European Union (2004). 4 In this vein, a legal basis5 was created with the specific aim of insuring a high level of protection to European citizens, while maintaining an area of freedom and security, through the cooperation between Member States. A further and better clarification of this matter can be found if we focus on the general evolution of police cooperation. Thus, it is through Law that this path is being trudged, namely through treaties, in general, and more specifically by the Schengen acquis.6 This device puts in place liaison officers in each of the signatory States, in charge of the cooperation in matters of terrorism, drug trafficking, organized crime and illegal immigration networks. The right of hot pursuit, that allows police officers to follow a suspect into the territory of another State, was also instituted, although its application differs according to each State. On the other hand, the creation of mobile units is also foreseen, some of them constituted by police officers from several different nationalities and able to perform security checks throughout the territory. It should also be pointed out that, initially, Schengen only instituted an exceptional 4

With the adoption of the Hague programme, the European Council endows the EU with a new multi-annual five year programme as a follow up to the one adopted at Tampere. Europol is destined to fulfill a central role in the fight against the most serious kinds of organize crime and cross-border terrorism. The European Police College (EPC) must contribute to the strengthening of mutual trust, in order to improve police cooperation. The fight against terrorism is a major challenge. The exchange of information should take into account the principle of availability, since 2008. For more information check: http://eurlex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2005:053: 0001:0014:PT:PDF[last accessed 30, January, 2014] 5 Police cooperation: articles 29.º and 30.º of Lisbon Treaty; Customs cooperation: article 135 of the CE Treaty. 6 In 1985 the Schengen Agreement was signed, and in 1990 the Schengen Convention was brought into force.


SECURITY DIMENSIONS cooperation between five countries, a cooperation which was only formalized (institutionally and legally) with the Amsterdam Treaty (1997). Furthermore, the Schengen acquis has been augmented with International Law treaties adopted from outside the framework of the EU, as is the case of the Prüm Treaty.7 In this context, Maria João Guia, basing herself in authors of international reference, claims in her PhD thesis – entitled Imigração, Crime Violento e Crimigração (Migration, Violent Crime and Crimigration) – the following worthwhile quotation: “The Prüm Treaty was launched by the initiative of two countries and seems to be willingly repeating the process, with the aim of attaining the goals stated by the EU, but constituting what some authors (Ziller, 2007:22) consider not only a false evidence of advanced cooperation, but something incompatible with EU Law (…). This construction of the much sought-after area of freedom, security and justice, built from the outside towards the inside, and making use of multilateral instruments coming from the outside of the Community’s framework and the intergovernmental cooperation imposed by the Maastricht Treaty, puts a strain into some of the core principles of the Community (Balzacq, 2006), and seems to amount to nothing more than a “lab experiment” without neither democratic legitimacy nor legal guarantees, one to be latter widely applied at the Community level (Morini, 2008), being thus regarded by many authors as an anomaly (Caggiano, 2007).8 It should also be noted that the Maastricht Treaty (1992) defines with equal precision all the issues of common interests that should be encouraged as the focus of cooperation: terrorism, drug traffic and international organized crimes. The Treaty also provides a European Police Office

The Prüm Treaty was signed on 27 May 2005, at Prüm (Germany), by seven Member States (Belgium, Germany, France, Luxembourg, Netherlands, Austria and Spain) and began to be enforced in Austria and Spain on the first of November 2006, and in Germany on 23, November, 2006. Other eight Member States (Finland, Italy, Portugal, Slovenia, Sweden, Romania, Bulgaria and Greece) have solemnly stated their intention of signing it in the future. Check: http://www.europarl.europa.eu/meetdocs/2004_2009/docume nts/dt/660/660824/660824pt.pdf [last accessed 30, January, 2014]. 8 Maria João Guia, op. Cit., p.275

10

(Europol), simultaneous with the organization of a Union wide information exchange system. As to the Amsterdam Treaty (1997), it defines with precision the objectives of the Member States and the sectors that need police, customs and law enforcement cooperation in order to secure a high degree of security. It also reinforces the role of Europol. Furthermore, the Amsterdam Treaty includes, among the objectives of the European Union, the “maintenance and the development of the Union as a space of freedom, security and justice, inside which the free movement of persons, in conjunction with the directly related accompanying measures with respect to external border controls, asylum and immigration”.9 The Nice Treaty (2001), in its turn, offers no kind of alteration. It should be noted, in this regard, that in the draft treaty establishing a Constitution for Europe (2004) police cooperation was mainstreamed in the Union policies and Europol integrated within the institutional framework. As already mentioned above the police cooperation between representatives of the Member States had its genesis in 1976, with the Group of TREVI.10 However, police cooperation had progressed since 1985, at first for a limited number of Member States, in connection with the establishment of the ‘Schengen area’ of freedom of movement of persons. With the entry into force of the Treaty of Amsterdam, the Schengen acquis relating to police cooperation was incorporated into EU law, but under the ‘third pillar’, i.e. intergovernmental cooperation. The same method was used for police cooperation measures (in particular exchanges of genetic data) adopted by a small group of Member States under the Prüm Treaty, then fully introduced at Union level by Council Decision 2008/615/JHA of 23 June 2008.

7

Check: Nuno Piçarra, A União Europeia como Espaço de Liberdade, Segurança e Justiça: Uma Caracterização Geral (“The European Union as a Space of Freedom, Security and Justice: a general characterization), Lisboa, UNL, 2009, p. 1. Available at: http://www.fd.unl.pt/docentes_docs/ma/np_MA_14109.pdf. [last accessed on 30, January, 2014]. 10 A. Grzelak, The European Union on the way towards the Area of Freedom, Security and Justice, Centrum Europejskie Natolin, Warszawa 2009, p. 15. 9

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Isabel Maria Freitas Valente EUROPEAN UNION – POLICE AND CUSTOMS COOPERATION The Treaty of Maastricht then set out matters of common interest which gave legitimate grounds for police cooperation (terrorism, drugs and other forms of international crime) and established the principle of creating a European police office – Europol11, which initially took concrete shape through the establishment of a Europol Drugs Unit. Finally, the Lisbon Treaty was aimed at, to a large extent, addressing the pressing need of a simplifying revision that also leaned towards a deepening of the construction of a European space of Freedom, Safety and Justice. In this light, we can say that “with the entry into force of the Treaty of Lisbon and the abolition of the ‘pillars’ the European Union now has more resources to promote police cooperation, while the Treaty has increased parliamentary scrutiny over the development of such cooperation. The main instrument for cooperation is the European Police Office (Europol). It is complemented by customs cooperation. However, in the ‘European internal security architecture’ which is being established, police and customs cooperation is in dissociable from respect for fundamental right and progress made on judicial cooperation in criminal matters. On the other hand, at a time when concerns over terrorism are growing, the external dimension cannot be ignored, in particular the specific issues connected with protection of personal data.”12 Therefore, the Articles 33, 87, 88 and 89 TFEU constitute the legal basis of this Police Cooperation. In fact, with the Treaty of Lisbon the current institutional framework was considerably simplified: most police cooperation measures are now adopted using the ordinary legislative procedure, i.e. in codecision with the European Parliament and by qualified majority in the Council of the European Union, and are subject to review by the Court of Justice. As can be read in the Fact sheets on the European Union – 2014, published by the European Parliament, “nevertheless, going beyond the 11 The Europol Convention was signed on 26 July 1995. The office did not officially begin its work until1 July 1999, on the basis of the enhanced powers granted by the Treaty of Amsterdam signed on 2 October 1997. Cf. http://ius.unibas.ch/uploads/publics/9618/20100913144350_4 c8e1c86bcc33.pdf [Acesso em 30 de Janeiro de 2014]. 12 Check: http://www.europarl.europa.eu/ftu/pdf/en/FTU_5.12.7.pdf. [last accessed on 30, January 2014].

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specific features of the area of freedom, security and justice (exceptions applying to the United Kingdom, Ireland and Denmark, privileged role for national parliaments; see Protocols No 1, 2, 21 and 22 annexed to the TFEU), police cooperation, together with judicial cooperation in criminal matters, retains some original features: · the Commission shares its power of initiative with the Member States, provided they represent a quarter of the members of the Council (Article 76 TFEU); · as regards measures for operational cooperation, the European Parliament is merely consulted; furthermore, in the absence of unanimity in the Council (which is required a priori), the possible establishment of enhanced cooperation between the Member States which wish for such cooperation (at least nine) is subject to a suspensory examination by the European Council in order to reach a consensus (‘emergency brake’ mechanism under Article 87(3) TFEU); · acts adopted prior to the entry into force of the TFEU cannot be the subject of treaty infringement proceedings or a reference for a preliminary ruling for five years (Protocol No 36 annexed to the TFEU).”13 Ultimately, the objective of police cooperation is to help make the Union an area of freedom, security and justice which respects fundamental rights, involving all the competent authorities of the Member States, including police, customs and other specialized law enforcement services in relation to the prevention, detection and investigation of criminal offences. In practice, this cooperation mainly concerns serious forms of crime (organized crime, drug trafficking, trafficking in human beings) and terrorist activities.14 The EU supports effective cooperation among the national law enforcement and judicial authorities of its Member States through agencies like Europol (plays a key role in preventing and 13 Fact sheets on the European Union – 2014, Brussels, European Parliament, 2014, p.2. 14 See Sabine Gless, “Police and Judicial Cooperation between the European Union Member States Results and Prospects”, in The Future of Police and Judicial Cooperation in European Union, Fijnaut § Ouwerkerk (eds), Netherlands, Koninklijke NV, 2010, pp. 25-48.


SECURITY DIMENSIONS combating terrorism and other forms of serious international crime.) and Eurojust, that was created in 2002 to improve cooperation among national judicial authorities in the EU, particularly in the areas of mutual legal assistance and extradition. Eurojust helps EU Member State judicial authorities effectively investigate and prosecute cross-border crime, including terrorism. An agreement between Eurojust and US authorities enhances transatlantic cooperation, and US liaison officers are stationed at Eurojust headquarters in The Hague.15 Europol’s core activities—information exchange and operational analysis—offer centralized support for law enforcement operations, a hub for criminal information, and a center for law enforcement expertise. It supports the EU’s law enforcement community by gathering, analyzing, and disseminating information and coordinating operations. Europol experts and analysts participate in Joint Investigation Teams, which help solve criminal cases in EU countries. It is important to mention that, in December 2006, the Council expressed its agreement towards the replacement of the Europol Convention for a Council Decision. A Commission introduced, in late December 2006, a proposal to transform Europol in a Union Agency financed by the Community budget. On the other hand, the European Police College (CEPOL) was established by a Council Decision dating from December 22 2000, and subsequently modified by a decision from September 20 2005. The goal of this agency is to optimize the cooperation between several national police training institutes, which comprise the agency, and contribute to the training of senior police officers from the Member States police services. CEPOL supports and develops an European approach to deal with the main problems that the Member States face. To meet these goals, the agency organizes training sessions, collaborates in the formulation of harmonized training programs and disseminates best practices and research results. CEPOL takes the form of a network comprised by national police training institutes for senior officers. It has a permanent secretariat http://www.euintheus.org/what-we-do/policy-areas/freedomsecurity-and-justice/europol-and-eurojust/ [Acesso em 30 de Janeiro de 2014]. 15

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(headquarters: Bramshill, United Kingdom). CEPOL enjoys legal personality. Its budget became a responsibility of the European Union in 2006, and will consequently be included in the budget of the EU. It is particularly relevant to remember the relevance of other cooperation instruments, namely: · A working group of Member States Heads of Police was created in October 2000. The group meets at least once during each rotating presidency of the Council. · The European Crime Prevention Network meets since 2001 to exchange experiences and good practices between national contact persons, responsible for Crime Prevention in each Member State. · The European Forum for the Prevention of Organized Crime brings together, since 2001, different public and private parties who are interested in debating these questions. · The Schengen Information System, in force since 1995, contributes to the registration and consultation a certain volume of data. It allows for the control of external borders, as well as inside the Schengen space. · Joint research teams, created by a Council Framework Decision from June 13 2002, can be used for the development of criminal investigations in one or several Member States. These teams may include Europol representatives. Criminality has become a common issue whose consequences and ramifications increasingly transcend the borders of each State, to the extent that, generally speaking, crime agents are no longer confined to national border, frequently establishing connections inside and outside of the Union, both amongst individuals and criminal networks, with the purpose of perpetrating isolated or multiple offenses. It is therefore clear that, independently of national legal cultures or the moral condemnation that a specific crime may provoke on a national level, a joint action should always exist where the fight against crime is concerned, given that this has become a common and shared responsibility, a joint action that must try to avoid that these organized groups of criminals take advantage of legal gaps and differences between the legislations 43


Isabel Maria Freitas Valente EUROPEAN UNION – POLICE AND CUSTOMS COOPERATION of Member States and explore anomalies in different systems. Inside this Area of Freedom, Security and Justice, people, goods, services and money can freely circulate (which implies that the criminal can also freely circulate), and Justice is the only thing that is confined to borders. The inexistence of a common judiciary space has led to the emergence of several Community initiatives that try to draw legislations closer together, to reinforce the cooperation between the police forces and the judiciary spheres and to create common investigation teams, etc. It is, however, fundamental to remember that a balance between the need for a speedy and effective cooperation amongst police and judiciary authorities and the interests of citizens must always exist, to the extent that the latter cannot be subjected to further or excessive constraints or see their rights and freedoms or their possibilities of protection restricted. With this in mind, it is important to highlight that according to art. 2 in the Treaty of the European Union, the purpose of the Union is to “offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime”. It is also convenient to mention, with a view to a greater clarification, that the integrated approach that guides the actions of the Union comprises both the prevention and the repression. The latter relies mainly in the effective cooperation between the services of the Member States, particularly the Police Services, the exchange of information and the mutual aid in terms of captures and confiscations. The fight against organized criminality is global, and involves a countless number of Union fields of action and policies. Indeed, the Union takes a well deserved pride in its permanent protection of the rights of the Human Being, in the World and within the Community space. The Charter of Fundamental Rights reinforces this commitment by the Union. Moreover, the Area of Freedom, Security and Justice can only make sense when the three components are present, without detriment to any. If, on the one hand, it is necessary to give an answer to the expectations of citizens where the 44

fight against criminality is concerned, on the other hand, special care should be taken to prevent excesses and extremes, that is, the so called "security above all". The answers that are found cannot, and should not, jeopardize the full respect, guarantee and promotion of the Fundamental Human Rights and the Law, which have always been the cornerstone of the European construction, and they cannot become the victims of this combat. Lasting security and stability can only exist where the Law and Human Rights are respected. History itself has shown that situation of conflict and instability emerge primarily from the deterioration of the respect towards Human Rights.

REFERENCES 1. Fact sheets on the European Union – 2014, Brussels, European Parliament, 2014. 2. Gless S., “Police and Judicial Cooperation between the European Union Member States Results and Prospects”, in The Future of Police and Judicial Cooperation in European Union, Fijnaut § Ouwerkerk (eds), Netherlands, Koninklijke NV, 2010. 3. Grzelak A., The European Union on the way towards the Area of Freedom, Security and Justice, Centrum Europejskie Natolin, Warszawa 2009. 4. Piçarra N., A União Europeia como Espaço de Liberdade, Segurança e Justiça: Uma Caracterização Geral (“The European Union as a Space of Freedom, Security and Justice: a general characterization), Lisboa, UNL, 2009, Available at: http://www.fd.unl.pt/docentes_docs/ma/np_ MA_14109.pdf. [last accessed on 30, January, 2014]. INTERNET SOURCES: 1. http://eurlex.europa.eu/LexUriServ/LexUriServ.do?ur i=OJ:C:2005:053:0001:0014:PT:PDF[last accessed 30, January, 2014] 2. http://ius.unibas.ch/uploads/publics/9618/20 100913144350_4c8e1c86bcc33.pdf [Acesso em 30 de Janeiro de 2014]. 3. http://www.euintheus.org/what-wedo/policy-areas/freedom-security-and-


SECURITY DIMENSIONS justice/europol-and-eurojust/ [Acesso em 30 de Janeiro de 2014]. 4. http://www.europarl.europa.eu/ftu/pdf/en/FT U_5.12.7.pdf. [last accessed on 30, January 2014].

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5. http://www.europarl.europa.eu/meetdocs/20 04_2009/documents/dt/660/660824/660824 pt.pdf [last accessed 30, January, 2014]. 6. http://www.eurotreaties.com/seafinalact.pdf [last accessed 30, January, 2014].

AUTHOR Isabel Valente, Ph.D. in Contemporary Studies (Contemporary History and International Comparative Studies) and is a researcher at Centro de Estudos Interdisciplinares do Século XX da Universidade de Coimbra – CEIS20; a Member of Team Europe of the European Commission; a Member of Evaluation Committee of European Science Foundation and COST and a Member of CINETS – Crimmigration Control International net of Studies. She is also the sub director of the Scientific journal Debater a Europa.

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Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES…

THE CREATION OF THE KINGDOM OF CROATIA IN 1941 ON THE PAGES OF THE PERIODICAL “L’ILLUSTRAZIONE ITALIANA” Antonio Violante

ABSTRACT With the May 18th 1941 agreement, the fascist Italy recognized the institution of the Kingdom of Croatia, and had also designated Aimone di Savoia as its sovereign, that was suppose to found a new dynasty, able to guide the country towards a renaissance, after twenty years of the Croatian population’s being tormented ever since Versailles. This study does not aim to analyse the historic context that has seen the birth and formation of this new state, tightly allied with the Axis powers, and also limited by their political and territorial interests, nor does it aim to investigate its ephemeral existence which ended with Germany’s defeat; but it does aim to verify how the creation of this political subject was treated by the periodical “L’illustrazione italiana”, one of the Mussolini regime’s biggest means of propaganda. After an analysis of its

articles dedicated to the Kingdom of Croatia, and after comparing that to the reality provided and documented by other sources, it shows how obviously the Italian state tried to acquire an hegemony on the Adriatic, all the while basing such intent upon historical and cultural motivations, and how this attempt was presented as both the result of an unbreakable friendship between Italians and Croats, and as an operation aiming to guarantee a new European order in the name of the justice. The reality was, as it is well known, that even though the Kingdom of Croatia was born as an Italian protectorate, during its short existence it “slipped” slowly towards German influence, considering the incompatibility between its own and the Italian geopolitical interests.

KEYWORDS Italian imperialism in the Adriatic, racism, Slavic identity in Dalmatia, fascists, Nazis, ustaša

ITALY’S IMPERIAL AMBITIONS When the Axis powers attacked Yugoslavia on April 6th 1941 (together with minor allies such as Hungary, Romania and Bulgaria), Italy had a minor role of Germany’s subordinate1, that started the bombing of Belgrade without giving any notice to Mussolini’s government. This Hitler initiative in the Balkans, which induced Yugoslavia to surrender unconditionally already on April 17th, surprised Italy completely despite its obvious political ambitions regarding the Balkan area, and despite the Adriatic hegemony project. Consequently, the fascist Italy had no other choice but to follow the actions of its German ally: at first alone, defending the bases in

Venezia Giulia, Zadar and Albania fearing Yugoslav attacks, and after April 11th, when it became clear that the Yugoslav army was undoubtedly defeated, marching towards Ljubljana along the Dalmatian coast, towards a part of Herzegovina and towards Montenegro. The occupation of a vast part of Yugoslavia can be interpreted as the result of the nationalist Italian politics and also of the fascist imperialism, that – as already recognized in historiography – had as one of its main goals the destruction of Versailles’ Yugoslavia (COLLOTTI, 1974, p. 11). Mussolini himself said it in a letter to Hitler on April 6th 1941: “Yugoslavia is Versailles’ most authentic creation and deserves its destiny”2. However, during the entire period between two world A phrase mentioned by COLLOTTI, 1974, p. 11, from Documents on German Foreign Policy, London, 1962, D series, vol. XII, n.289. 2

1

In regard to this, it is useful to consult OLIVA, 2007, p.45.

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SECURITY DIMENSIONS wars, Italian policy in Yugoslavia was never linear or coherent (BURGWYN, 2006, p. 18), always oscillating between two opposite poles: supporting the Karađorđević monarchy or the Croatian separatism. In regard to the latter, the speech given by Dino Grandi (a fascist hierarch) during the meeting of the Fascist Great Council on February 5th 1929, just a couple months away from becoming the Foreign Policy Minister, appears to be very useful: he asserted that in order to defend the Mediterranean race from the Slavic races’ menace, the sole barrier represented by the Adriatic as a trench between the East and the West was not going to be enough anymore. It would be necessary to build a number of states on the East coast, controlled by Italy; Croatia was to be among these, considering that Albania already existed. Furthermore, Grandi thought that such policy conducted by Mussolini would be the natural sequel to those pursued by Caesar and Napoleon, and that meant – in Grandi’s opinion – a cordon of “client states” to work as a “cushion” between the Latin civilization and the Adriatic sea (considered not as a cultural melting point but as an Italian “lake”), opposed to the Orthodox East beyond the river Sava. 3 It is easy to see how between two wars Italy built an “imperial” project of expansion towards the Adriatic that met the ambitions of the Giulian, Istrian and Dalmatian nationalism (which later on was absorbed by the so-called “frontier fascism”). However, despite the Italian hospitality granted to Ante Pavelić and his ustaše since 1929, in order to support them in their attempts to disarticulate the Yugoslav state under the Serbian supremacy, this intent never brought concrete results. In fact in 1932 – the same year Mussolini granted a Croatian office at the Foreign Affairs Ministry so he could coordinate the ustaše terrorist activities against Yugoslavia – several activist of the movement in Zadar tried to instigate an insurrection in Lika; however, not only such action turned out unsuccessful because of the lack of reaction of the local Croats, but the Yugoslavs answered by decapitating the Trogir Lions, important heritage of the Venetian domination over Dalmatia (BURGWYN, 2006, P. 37) and therefore perceived as a symbol of the Italian expansionistic intents in the region4. Yet, the Italian benevolence towards Croatia A speech quoted literally in BURGWYN, 2006, p.36. Such an act of vandalism was considered as a preview of destructions to come in Dalmatia (WÖRSDÖRFER, 2009, p.55.

3

4

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was rightly seen with doubt by Ciano, a figure certainly subdued to Mussolini’s wishes, but not completely void of judgement autonomy, which can be found in his diaries. In fact, on October 4 th 1938 he wrote about the Germans’ non-official undeclared intention of venturing towards the Adriatic in accord with the Hungarians (because of their historical ties to Croatia); there is also mention of his consequent apprehension regarding the possibility of a tight alliance between Hungary and Germany resulting in Hungary’s claim on Fiume (later on called Rijeka). Finally, Ciano’s conclusion on the matter is lapidary: “our true friendship is with Belgrade”, and not with Croatia, one could add; such point of view was shared by Mussolini too, according to a diary entry of October 5th, indicating the Duce’s will to “reinforce the ties to Belgrade”. However, the incoherent Italian politic towards the East Adriatic coast was about to go in a completely different direction5. In fact, the intent of making a “friendly state” in Croatia under the Italian hegemony became even stronger at the beginning of 1940 and before Italy entered war with Germany. In his diary, on January 21th, Galeazzo Ciano wrote about Mussolini wanting to arrange a meeting between his son in law and Pavelić, which actually took place two days after. In the diary there The S. Marc’s lions were so loaded of symbolic values by the Italian irredentism that Yugoslav nationalists simply could not see them as mere art. (WÖRSDÖRFER, 2009, p.64). The destruction of the Trogir Lions and their subsequent underground discovery made by Italian soldiers was amply emphasised in the “L’illustrazione italiana”, to the point of appearing in the front page in the issue n.22 of June 1st 1941 with an article by Gian Paolo Callegari, Passeggiata sen’armi dove si è svegliato il leone, pg.. 807-808. The article puts the blame for the destruction of this “Venetiality” symbol (and therefore a symbol of the italianity of Dalmatia) on Belgrade’s “bestiality”: it is a concrete proof of the fact that in this region the nationalistic contrasts use material symbols quite a lot, and they also follow their destruction. Trogir’s case shows (openly supportive of Italy) the conflict between the Latin and the Slavic world in Dalmatia that was to be “given back” to Italy: “By wanting to do maximum damage to Trogir’s Latin roots and also to give the city an inexorable Slavic imprint, it was the worst possible insult that Belgrade could send to the profoundly Catholic Dalmatian coast...” 5 In regard to the incoherent Italian policy towards Yugoslavia between two wars since it was a liberal state until the fascist days, that sometimes supported the Serbian monarchy against other nationalities and sometimes chose to support separatist movements against Belgrade, consult MONZALI, 2004, pg. 1533; GOBETTI, 2007, pg.. 30-31; CATTARUZZA, 2007, pg.. 194205.

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Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… is also mention of the political climate in Zagreb during the regent Pavle’s visit to the city, a mixture of indifference and barely concealed contempt: “a funeral, during which people did not take of their hats”, almost as if the moment was right for an insurrection. That is why the diary has a mention of the action guidelines to be given to Pavelić, presumably following Mussolini’s indications to Ciano himself: “insurrection, occupation of Zagreb [done by Croatian nationalists], Pavelić’s arrival, inviting Italy’s intervention, the constitution of the Kingdom of Croatia, offering the crown to the King of Italy”. This line of action is consequently confirmed again in Ciano’s diary: “… the Duce spoke of Croatia. He is itching for action. He wants to speed things up by taking advantage of the European disorders. Yet he did not give precise directions except saying that he is convinced that attacking Yugoslavia will not bring France and England against us” (April 9th 1940). The entry continues: “I gave audience to Pavelić. The Croatian situation is now mature and if we delay too much, a lot of sympathies [of the Croatian insurgents] will go to Germany6. He will prepare a chart indicating the exact positions of the revolutionary forces and the most urgent matters. Afterwards we shall continue to the executive phase. I did not set any dates, on the contrary I urged him to avoid any premature action” (May 10th 1940). However, a dismemberment of Yugoslavia induced by Italy was never going to succeed, despite the attack plan elaborated by the general Mario Roatta (who was the Vice Chief of Staff of the Army) presented at the beginning of July. It contained the invasion of Austria with the aid of German vehicles, but nothing happened because of Germany’s veto (BURGWYN, 2006, pg. 44-45). Mussolini still hoped that an Italian intervention in Yugoslavia could be justified by an internal Yugoslav revolution, but that never happened. Furthermore, he ignored the German unavailability to accept the possibility of Yugoslavia being under Italian influence, other than Hitler’s firm intent to control Yugoslavia’s economy and the Nazi relations with the ustaše (BURGWYN, 2006, p.45), which were parallel with the ones conducted by the Italian government.

6

Such hypothesis was correct, if we consider what happened from April 6th 1941 on.

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DIFFERENT INTERESTS INVOLVING YUGOSLAVIA The motivations of the German aggression on Yugoslavia a few days after the Prince Pavle’s regency ended are too well known to be analysed in the present work. Still it is useful to highlight Mussolini’s worries, considering the enormous force and the lack of reliability of the German ally, and the fact that once Yugoslavia fell (which was bound to happen) nothing could stop them from gaining control of Croatia and especially of Dalmatia, which was the fascist nationalism’s declared target because it was an “Italian region” denied by the Great Powers after Versailles. This is why the Duce decided to play the Pavelić card before it was too late for Italy to get a part of Croatia. Therefore, on March 29th in Villa Torlonia, after the Hitler’s invasion was already decided, the Duce met Pavelić informally, the first one after the future poglavnik came to Italy 12 years before. Mussolini guaranteed Pavelić his support once the latter was settled in Zagreb, and in return Italy would have annexed the Dalmatian coast. After Germany conquered Zagreb, arriving on April 10 th and met by a jubilant crowd (a unique case among those of Nazi occupation in Europe), the Italian government – whose army was still prudently kept on the borders – was panicking in face of the possibility of not having any influence over Croatia. That is why a new meeting on April 11th between Mussolini and Pavelić confirmed the previous agreements, and the latter was quickly sent to Zagreb with his fellows ustaše with instructions to take over before the Germans could establish a pro-Nazi Italophobe as head of Croatia. The reality was that the fascist government was taken completely by surprise by the Yugoslav collapse, and did not have a clear picture of goals to pursue; therefore it was forced to improvise (MONZALI, 2004, p. 34) in order to stop the Germans from gaining complete control of all conquered regions. The installation of Pavelić in Zagreb was the proof of the extreme incoherence of the Italian political strategy: in fact, during the previous years the fascist state created and nurtured a Croatian nationalist with no power, no charisma and also not well known in his own country. Yet the attitude Pavelić was suppose to have once Croatia was in his hands could not however match the Italian interests on the East Adriatic coast: the ethnic and national contrast in Dalmatia between the Italian cultural minority and the


SECURITY DIMENSIONS Slavic majority was a historical reality7, which became even more solid after the end of the Habsburg empire. Such a misunderstanding that resulted from the unnatural alliance between Italy and the freshly created Croatian state was ultimately the cause of an atrocious civil war that did not involve two opposite sides that fought each other, but multiple subjects (Croats, četnici, Muslims, partisans, Italians and Germans) going “everyone against everyone” and ready to make temporary tactical alliances against another of the components involved and perceived as temporary common enemy. In such conflict, no group will manifest loyal collaboration with its allies, but all of them will negotiate with others, even if they are sworn enemies; even the Italians and the Germans – theoretically unbreakable allies through the Pact of Steel and through the personal friendship between the Duce and the Führer – were going to pursue (especially in Croatia) their own objectives, incompatible with the ones pursued by the other partner. The consequences were usually not in favour of Italy, because of its military and political weakness. If we consider how Italy found itself in such context, in a position of inferiority towards Germany already in april 1941, it could be useful to analyse how the invasion of Yugoslavia, and especially the creation of a Croat state that according to Italy was suppose to become a “kingdom” with a Savoia family prince, were treated in the weekly magazine “L’illustrazione italiana”8, an important voice for Mussolini’s regime propaganda. In an editorial published in the number 15 of the magazine on April 13th 1941, signed by “Spectator” Despite expressing opinions regarding members of his own family, Enzo Bettiza (2009, p.34) pointed out with clarity the lack of sympathy towards the Croats among Spalato’s Italians: “[by] making a distinction between tolerable Serbs and intolerable Croats, this brought out into the open a feeling which was very common in the Italian colony. The Serbs were considered as indirect and far antagonists; yet it was the Croats [...] who were the domestic antagonists, a close and direct opponent. The Croat was the closest “other”, more similar, more insidious”.a 8 A Milan magazine that was published with no interruptions between 1873 and 1962. It was among Italy’s favourite illustrated weekly magazines before the TV era, and had a public of medium and high class readers, considering also the high quality of its articles written by famous writers, and the quality of the photographic reportages. It went through a crisis after the Second war, after the fall of fascism and the monarchy, and became a monthly periodic in 1951. It was closed in 1962.

7

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(p.504) and entitled “Belgrade’s treason”, the author exposes the contrast (present ever since the foundation of the “Kingdom of Serbians, Croats and Slovenes”) between “Italy’s generous and unique forbearance”, opposed to Yugoslav ungratefulness, so obvious despite the fact that Italy renounced the rights guaranteed by the Treaty of London “over not entirely Slavic territories”, in order to allow the creation of the new Adriatic state. Such lack of fairness of the Yugoslav government started already in January 1924: Mussolini and the Yugoslav Prime Minister Nikola Pašić signed a treaty of friendship and collaboration between Italy and Yugoslavia. The Italians would have renounced their irredentism, and in return there would be no more “obviously proimperialistic agitations among the Serbs”; according to “Spectator”, Italians have honoured the stipulated condition, while the Belgrade did not. Yet the magazine’s most significant reproach to the Yugoslav policy was published in occasion of the March 27TH coup d’ État that saw Yugoslavia’s exit from the Tripartite Pact, which was suppose to “place the country into tomorrow’s European system, enjoying absolute independence and equality”. In reality, despite various possible interpretations of the end of prince Pavle’s regency9, by committing political suicide Yugoslavia did not miss out on joining “the future European system” as “an equal”, but it avoided becoming a satellite of the Axis. The “Illustrazione italiana” places responsibility of such decision “that summarizes a string of years of conspiracy and intrigue” on the ambition of the Serbian military class, encouraged by England to open a new battlefront in Europe against Germany. Italy’s full ideological enslavement to its German ally also shows through a Nazi government’s statement, which the magazine quotes literally, and which blames the same “ clique of conspirators” for the fall of Stojadinović’s Italy-friendly government and the March 27th putsch, and also considers them responsible for resorting to regicide and starting the World War I after the Sarajevo assassination. According to Sergio Romano (in the Introduzione to BURGWYN’s essay, 2006, p.13) and contrarily to what the main part of historiography says about this subject, “it was not an attack of patriotic pride, but a military coup d’état organised by politicians and army officers concerned more with their careers than with international consequences of their actions or their homeland’s destiny. 9

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Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… However, there are few observations to be made in regard to this: a regicide certainly took place, but in Marseille in 1934 when King Aleksandar was killed by ustaše terrorists, bitter enemies of the Serbian nationalism. It was clear then that Serbia was not behind the Sarajevo assassination, but the central Empires that declared war on the Balkan country. Finally, the article does not mention the most important detail: Italy did not fight against Serbia during World War I, but it sided with the Entente as Serbia’s ally, a country that in German opinion numbered both in 1914 and 1941 “ the same notorious conspirators whose acts of terror have always posed a threat to the Balkans”. Contemporarily, “L’Illustrazione italiana” speaks highly of the Croatian nationalism embodied in Pavelić, and mentions his appeal to the nation to detach from Serbia and the request to the Duce for Italy’s military help, as per agreement between him and Mussolini. ITALIAN DALMATIA AND SLAVIC DALMATIA At this point it is interesting to analyse the approach to the subject of Dalmatia, a region contended between Italy and Croatia: these two states were not only tied through their tight allegiance (or at least formally), but they were also in an asymmetrical relationship where the eastern partner owed its independence to Italy, and where the latter acted as guarantee. Considering that such subject was not important to Germany, and therefore there were no reasons for Italy to feel subordinate, it is presented with a significant title “Our Dalmatia”, in an article by Bruno Astori (n.17 of April 27th 1941, pg. 606-611). The bottom line is that of italian lands which were “martyrised” not only during the last two decades, but since 1848 when the city council of Spalato sent a petition to Vienna asking for the administrative annexation to Venice. Ever since, and even more from 1859 on (and especially after 1866) the Austrian government has supposedly been persecuting the Italian part of Dalmatia and favouring the Slavic one, “up to the point of extermination”. A “big massacre” that translated into the censorship of Italian press, and the Empire encouraging the clergy to make the Church more “Slavic” by introducing Glagolitic in liturgies, and the Habsburg dynasty favouring the creation of a “annexationist” party, aiming to unite Dalmatia and Croatia, opposed to the 50

traditional “autonomist” party in the Dalmatian Diet, Italy-oriented. In order to make the pro-Croatian side win the elections, Vienna used violence against Italians at the polling stations, and even resorted to vote-fixing. Subsequently, Italian schools were suppressed, favouring the Slavic ones, despite the lack of adequate teachers and in some places even lack of students; the situation culminated in the elimination of the Italian language in public administration. Finally, in the monarchic Yugoslavia, the coup de grâce arrived with the 1930 agrarian reforms that damaged particularly the Italian land owners with many expropriations. Furthermore, despite the fact that Italians in Dalmatia were definitely a minority, the region was presented as completely saturated with Italian culture10, especially in Zara, Sebenico, Spalato and Ragusa. The common denominator was “the mediterranean civilisation, completely different from the one in the Balkan hinterland”. Therefore, the advanced “Slavisation” of the coast and islands population has been ignored, and also the fact that back then Dalmatia could not have unequivocal Croatian or Italian national identity, but there were Dalmatians who were in many cases perfectly bilingual, and who considered almost as being forced the fact that they had to chose exclusively one nationality and exclude 10 In order to proof this theory, Mussolini’s regime has also resorted to changing history. For example, according to accurate documentation assembled by Davide Rodogno (2003, p. 101) the Morlach Slavophone component was a “rural Latin population”of Roman ancestors, while “Dalmatia’s blood” was really the blood of a mythical Italy. In reality, there were about 4000 Italians in Dalmatia (the total population of the region was 297.274 according to the 1931 census, which became 381.100 in 1940 according to a demographic projection of the Italian Ministry of Foreign Affairs), and 2220 lived in Spalato, 300 in Sebenico, 500 in Ragusa, 1000 in Veglia. Also, after World War I more than 10.000 people of Italian origin chose to have Yugoslav citizenship (RODOGNO, 2003, p.103. Enzo Bettiza in his Esilio (which is to be considered more than a mere autobiography or a book of memories) gave what is perhaps the best definition of these Dalmatians who were “Italian” by culture yet were never residents (until 1941) inside territories politically belonging to Italy, and that until 1918 were loyal subjects of the Habsburg empire. The writer brought the example of some of the members of his own family (there were also few who chose Yugoslav nationality), but his description could easily fit the entire Italophone population of Spalato and other Dalmatian cities: “It was [...] as if that Italianity were mysterious, peripheral, perhaps more cultural than ethnical, profoundly radicated in a family whose children, during the Austrian age, could not have any other direct educational contact with the real Italy” (BETTIZA, 2009, p. 27).


SECURITY DIMENSIONS the other one. However, “Dalmazia nostra” also shows a hint of anti-Slavic cultural racism, which is almost explicit: in fact, they consider Dalmatia divided from Croatia and Bosnia by Dynamic Alps, where “the [territory] transformation is so sudden that it is almost as if time shifted back centuries”. The article ends after a long historical excursus, and with a declaration of Italy’s return in all Dalmatian territories after 150 years”. A few observations are due in regard to this conclusion: the Dalmatian coast was colonised by Venice, except Ragusa that kept its independent republic status, but they were never under “Italian” sovereignty, not even during Roman Empire when the administrative system in Augustan Italy was different than the one in its provinces. There is also the fact that towards the end of April 1941 the territorial division between Italy and Croatia was anything but defined, and the region was to be Italian only from Zara and Spalato on, with the addition (with no space continuity) of the Bay of Kotor, separated from the rest of Montenegro. The remaining coast, including the islands of Brač and Hvar, Neretva’s estuary and Ragusa would remain Croatian. THE CROATIAN INSTITUTIONAL CONTRADICTION After the Treaty of Rome on May 18th 1941 that defined the borders between the Kingdom of Italy and “the Kingdom of Croatia”, some profound, formal and substantial contrasts emerged between those two countries, that soon would mutate into strong rivalry covered with false good relations, and then into a terrible civil war inside Croatian territories that the Italian allies not only were not able to sedate, but even to restrain. Also, despite the appearances and the treaty between two sovereign states, which were fully autonomous in their own political choices, during the decision process regarding the determination of assets of the entire ex-kingdom of Yugoslavia’s territories only Germany had a say in the matter; in fact, despite the fact that Italy was an Axis ally and an equal to its Nazi partner, at the end it got only what Germany allowed them to have. However, some political and institutional contradictions appeared already on April 10th, the day Germany and not Italy conquered Zagreb11; it was there, under the

11

The Italian offensive begun starting April 11th, and remained mainly near the coasts when the Yugoslav army (close to

10

protection of the German army, that the proclamation of the Nezavisna država Hrvatska (NDH, the Independent state of Croatia) took place, which was not a kingdom. The first ustaša government was made on April 16th, with Pavelić acting both as prime minister and Head of State; the state territory was not yet defined, despite the announcements saying that it would match the historical “Great Croatia”, meaning Zagorje, Slavonia, Srijem, Bačka, Barring, Bosnia and Herzegovina and Dalmatia (PRIVATEER, 1993, p. 57). Only after Yugoslavia surrendered on April 17th, Italians and Germans started negotiations in order to establish Croatia’s borders and juridical status. The negotiations were not easy on Italy, being in a position of weakness compared to its powerful ally, and they have in fact ended abruptly on April 24th when Hitler decided to give Italy power over area west of an imaginary line going from Vrh, Samobor, Sarajevo, Novi Pazar and the Ohrid lake. The Führer was particularly against giving Italy a true protectorate over Croatia, and also against a possible customs-free area between the two countries; there is no prospective for Italy to penetrate economically the Balkan area in order to have free access to the region’s resources, not even the Adriatic territories. Hitler would have allowed only some military control over a part of Croatia, but solely in order to give his weaker ally the responsibility of keeping the country in order; there was a clear possibility of civil war between the ustaše and other ethnic, religious and political components of the new State, considering the hatred and the wish for revenge against all nonCroatian and non-Catholic. That is why Hitler accepted - and showed quite some farsightedness in the author’s opinion - Pavelić as Croatia’s leader, renouncing the possibility of having a pro-German candidate from the beginning12. In fact, with a poglavnik “sponsored” by Italy and however at least formally pro-Italian, Germany would not have to restrain the ustaše extremists: keeping the region peace was important considering that Germany was about to get into violent war with the Soviet Union. capitulation) was at its minimum strength (PRIVITERA, 1993, p. 54) 12 The candidate was the ustaša colonel Slavko Kvaternik, proGermany oriented and a declared enemy to Italy. The fact that Hitler did not allow him to become poglavnik instead of Pavelić left some of the Nazi wondering about just what was going on in the Führer’s mind (on this subject, BURGWYN, 2006, pg.. 5859).

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Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… Furthermore, in possible conflicts between the Croatian and the fascist nationalisms, that despite apparent friendship were full of profound issues especially in regard to the control of the Adriatic coast (claimed by both parties), the Germans could have been both super partes intermediaries and Croatia’s defenders if Italy interfered in their territories. That way the Germans would have controlled possible Italian claims, and at the same time Croats would have depended even more on the Nazis. Pavelić himself knew that he could not ruin the cordial relationship with Italy, because he owned his poglavnik office to Mussolini; on the other hand he also knew that he needed to explain to Croatian nationalists his docility in handing over cities and a good part of the Dalmatian territories (part of the “Great Croatia” project) to Italy. These territories were at first given to Croatia with the August 26th 1939 Sporazum, consequently lost after the Axis Powers‘ invasion, but were not given back. This issue tied Pavelić inevitably to Germany - in order to placate the Croatian nationalists’ fury for the “gift” he gave Italy, interpreted as treason - and therefore put him in the position of granting any German request. Yet, there is more to the underground war between Italy and Germany over the control of Balkan resources: the Italian military occupation of large pieces of Croatia’s territories was a fantastic excuse for some Nazi propaganda, that could deny Germany’s intentions of hegemony over minor states and put the blame on their fascist ally, by saying that small countries connected to the Axis would take part in a “new order” as equals (Redoing, 2003, p. 55). It was a lie, but nevertheless it proved useful as it gave the image of Italians being oppressors of the Croatian people, while the Germans were defending it but without interfering into their internal issues (meaning the ethnic cleanse and massacre against minorities). So, the German attitude towards the Italy-Croatia relationship was to push the contenders to a direct conflict (especially when it came to the Dalmatian issue). The German government, by declaring its political “lack of interest” in the Croatian issue, wanted to keep a privileged position inside the RomeBerlin game, observed by Croatian politicians that would then formulate their “independence” policy based on the results” (SALA, 1974, p.57) Such solidarity between Croatia and Germany was not due only to the common national socialist ideology and the Central European culture, but that in 52

the Führer’s words, perhaps after a meeting with Pavelić13, opened to a possibility of a biological affinity between these two peoples: If the Croats were a part of the Reich, they would be loyal auxiliaries of the German Führer, like police guards in our regions. Yet they should not be treated as they are now treated by the Italians. The Croats are proud. [...] The Croats really do not wish to be considered Slavs. According to them, they descend from the Goths. The fact that they speak a Slavic language is just an accident (COLLOTTI, 1974, p.45; PRIVATEER, 1993, p.60). However, there was some reluctance - not even that hidden - from quite some Germans towards the idea of a Croatia controlled by Italians, and deprived of the Dalmatian coast because the latter was annexed to Italy; such reluctance matched the opinions of the Croatian nationalists, which were brought to Hitler’s attention by the Italophobe German plenipotentiary general in Zagreb, Edmund Glaise von Horstenau. He informed the Führer of the prevalent hostility towards Italians in Croatia, opposed to the pro-Germany current in Zagreb. Hitler himself did not wish to give Croatia to the Duce, despite being favourable to the idea of an Italian Dalmatia during a private meeting with Glaise; such idea could be useful to Germany, as it could become “a permanent base of Italian-Croatian conflicts, where Germany could always have the referee role” (BURGWYN, 2006, p.57,64). THE GROTESQUE MAY 18TH FARCE Such a proliferation of contrasts and irreconcilable interests between Italy, Germany and Croatia, allies and formally united, is never mentioned in the fascist regime propaganda, and therefore it never appears in The meeting gives a glimpse of a revaluation of Josip Frank’s theory: under the influence of eugenics (popular at the beginning of the XX century) he questioned the theory of Croats belonging to the Slavic race. This idea was rekindled by Pavelić in order to provide “biological” and cultural motivations to a possible union between the ustaše movement and the Nazism. According to the future poglavnik, instead of belonging to the Slavic race (considered inferior), the Croats were Germanic because they were genetic descendants of Goth tribes which afterwards became Slavic (PRIVITERA, 2007, p. 74). Obviously whenever Pavelić met the Italian authorities, he never said a word about the Arian origins of the Croats; on the contrary, he always pointed out the Latin culture inherited by his people and the Catholic religion they had in common with Italians too, as opposed to the eastern Orthodoxism of the Serbs.

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SECURITY DIMENSIONS “L’Illustrazione Italiana”. The May 25th 1941 front page of the issue n.21 shows an image of the Duce and the poglavnik at the Palazzo Venezia in Rome on May 18th, in occasion of the treaty that would have defined the borders between the Kingdom of Italy and the “Kingdom of Croatia”. With an editorial entitled “Verso il nuovo ordine europeo. Il risotto Regno di Croazia” (“Towards a new European order. The resurrected Kingdom of Croatia”) and signed by “Spectator”, the magazine emphasises the idea of friendship between the two states and two peoples with common interests. The Versailles Treaty is condemned as an act of injustice towards the Croatian people, “forced to be part of an artificial state and to suffer everyday humiliation because of regime’s supremacy”, meaning the Serbian dynasty monarchic regime, defined “of an inferior civilisation” using explicit anti-Slavic racism. There is also some institutional ambiguity regarding the denomination of the new state, that Italy calls repeatedly “Kingdom” consistently with the Italian text of the May18th treaty between Italy and Croatia, its attachments and the final protocol, but the letter that was sent that very day from Mussolini to Pavelić - and the Duce’s answer - mentions only “the Croatian state”. Such different denominations are not a coincidence: Mussolini was notoriously anti-monarchic despite the diarchy he thought he was forced to endure with the king Vittorio Emanuele III, while Pavelić thought that the Croatian crown on a Savoia’s head was something acceptable only if the sovereign had no real power, and the poglavnik could remain both the Head of Government and the Head of State of the new NDH. The designated sovereign of this “kingdom” was Aimone d’Aosta, Duke of Spoleto, defined as “valiant and brave prince of the Savoia House”. The event during which the “antique kingdom” of Croatia was reinstated thanks to “King and Emperor of Italy” was highly emphasised: a summary of Croatia’s medieval history was given, and one of its main points was the moment Duke Tomislav became king in 924 and the loss of Croatian independence, when the country became Hungary’s fief. Successively, while describing the May 18th Roman ceremony, there is mention of Pavelić’s role, “asking that [Vittorio Emanuele III] would designate the founding monarch of a new Croatian dynasty, that will take the country to its deserved renaissance”. May 18th, defined as “a

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memorable moment of contemporary history”, is also seen as a remedy to “the most iniquitous decisions taken in Versailles”, but is also the beginning of “that new European order, destined to start an era of justice, peace and true collaboration between peoples”. Such words are sinister and ironic considering especially ethnic massacres that were already happening in Croatia, Bosnia and Herzegovina and that would get worse in months to come. However, considering the behind-the-scenes activity that are widely known today and the description made by Ciano (who was there), the ceremony of designation of the sovereign that would mark the birth of the “new kingdom” as the ideal continuation of the medieval Croatian monarchy, appears as a farce event with tragic consequences. In fact, there were preliminary agreements prior the the Rome May 18th ceremony, which were made on May 6th at the Monfalcone railway station where Mussolini and Ciano met Pavelić and his escort of ustaše: according to the Count Luca Pietromaschi’s diaries (a fascist, head of the “Gabinetto armistiziopace” (GABAP) inside the Ministry of Foreign Affairs that managed all issues regarding Yugoslavia following orders from Ciano) the people in the meeting looked like “gangsters one could see in American movies” (BURGWYN, 2006, p. 65), while the Duce’s son-in-law wrote in his own diary on May 7th that the poglavnik’s escort gave the meeting “a strange far west feeling”. After Monfalcone,Mussolini abandoned the idea of a customs-free common area with Croatia and also renounced Italy’s claim of entire Dalmatia; Pavelić subsequently told Glaise in Zagreb that he obtained a diplomatic victory over Italy, whose control over Spalato was purely appearance, and if there were to be an Italian king on Croatian throne, he would be just a symbolical figure unable to pose a threat to his “Führerstaat” (BURGWYN, 2006, p.65). The failure in matters of customs-free area now prevented Italy of establishing a true protectorate over Croatia, now destined to exist under total German economical hegemony, despite Germany allowing a strip of Croatian territory for Italy’s military occupation for as long as the war lasted. Such modesty in the Italian requests (including having to settle for a “puppet sovereign” in Croatia with no real power) was a consequence of Italy’s weak political and military position compared to the German ally. In fact, the Duce was afraid that if he insisted on 53


Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… territorial and political requests, Pavelić would definitely turn on him, relying on German protection only. However, what really provides an insight into the ephemeral farce that the May 18th Rome ceremony was are Ciano’s diary entries, revealing the lack of enthusiasm of the chosen for the role of Croatian king. On May 8th the diary says that Pietro Acquarone (a minister of the Royal House) informed Ciano that the Duke of Spoleto was indeed proud of the task that awaited him, “but that he was also very worried about losing his freedom”. Such words actually give a glimpse of the real aversion Aimone di Savoia felt: he did not dare contradict the wishes of his royal uncle Vittorio Emanuele III with an explicit refusal, but he also did not like the idea of leaving his beloved military navy where he was an admiral14, or There are multiple sources reporting how Aimone was absolutely contrary to becoming a king, and they are assembled in VIGNOLI, 2006, passim, together with Aimone’s personal comments which assert the same lack of interest. Yet there is an episode less known of a meeting in Trieste between Indro Montanelli and Aimone di Savoia. The Italian journalist went there from Zagreb (where he was working as correspondent) to interview the Duke, convinced (as many others) that he was about to come in Croatia in order to take posses of his throne. This resulted in an almost surreal conversation during a dinner, which was not published then; yet it was Montanelli himself who revealed the episode on the “Corriere della Sera” on June 6th 1998 in his column “Montanelli’s room” (p. 37). According to the journalist it was something not short of a comic sketch, and it provides an insight into the Duke’s reluctance to accept Croatia’s throne. This is the dialogue, followed by a short Montanelli’s comment: “Me [Montanelli]: “Please, help me out. How am I to call you: Your Highness or Majesty?”. Him: “Call me Aimone”. Me: “I can’t”. Him: “Then call me as you want, but not Majesty”. Me: “You want to renounce the throne?”. Him: “I cannot: it was inflicted upon me by our King”. Me:”So?”. Him:”So nothing”. Me:”But are you or are you not going to Zagreb?”. Him:” Would you go, if you were me?”. Me:”Me,no”. Him: “So why do you want to send me then?”. Me:”No, I just wanted to know if I can reveal this conversation to my newspaper”- Him: “Feel free to, but I am sure they will not publish it”. In fact I never even wrote it. Instead I put a note from my Director saying: “Unpublishable interview. My advice is to follow the news from the Stefani Agency, and keep in mind that this situation never begun and never ended. It simply isn’t. “ He was right: from that moment on nobody spoke of it anymore, not even in Zagreb where I returned the day after, and where I was told that it was Pavelić who suggested crowning a king in order to give a royal blazon to his infamous police regime. Yet Pavelić denied this when I met him - ten years later in Argentina. He said that it was the Duce’s idea because he wanted to show the Germans that Italy was still important.” So, Aimone was the designated king yet he was detested by the two most important men in Italy because of his dissolute lifestyle, surrounded by commoners. In fact, Ciano wrote in his diary (November 17th 1941): “The King

14

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the brilliant life he had in Italy. Another secret that emerges from the diary is what Acquarone said to Ciano about the difficulty of communicating his designation to Aimone himself, because he was found after 24 hours of search “in a Milan hotel, where he was hiding with a girl”. Such reticence is confirmed by another of Ciano’s diary entry on May 14th, following a meeting with Aimone; it appears that the Duke of Spoleto, despite being proud of his designated role, “did not have a precise idea of his duties and was vaguely impressed”. Ciano felt necessary to reassure Aimone by saying “he would be a crowned lieutenant in the Fascist Empire”, but also wrote about the need to control the Duke, whom he did not trust to be completely available to carry out the difficult job he was assigned. The “L’Illustrazione italiana” described solemnly the ceremony and the Croatian delegates, but in order to understand how things really went it is useful to read some more Ciano’s testimonies from his diary, written on May 18th: “approving murmur” of the Croatian delegates upon seeing the Duke of Spoleto before he started his speech. Such feelings could be due to the relief they felt after seeing Aimone, who was significantly more physically imposing than his uncle, the King of Italy, who was very short. Yet Ciano was worried about the cold reactions of the low number of people on the streets, who (wisely) did not give much importance to the event despite the emphasis the regime put on it. Such worries are accompanied by doubts about the solidity of the situation, as Ciano perceived a feeling of temporality that in his opinion caused people’s indifference. In fact he writes bitterly: “only one news would put the entire Country on fire: that peace was made”. TERRITORIAL CONTRASTS UNDER A FAÇADE OF HARMONY “L’illustrazione italiana” elaborates also on the territorial issue of the Croatian state. Yet also in this case, a harmonic situation between Italy and its ally wants the Duke of Spoleto to go away from Rome, and Mussolini will let him now that through Russo [the undersecretary of the government]. This young man’s attitude is quite absurd: he lives with the Pignataro girl, takes her to the state room, goes to restaurants and taverns and gets drunk. Few nights ago, in a place near Piazza Colonna, he took a napkin, twisted it and put it on his head like a crown while the waiters and the owner were applauding; the owner is called Ascension, lives between the kitchen and prison, and is his best friend. Such a fine King figure!”


SECURITY DIMENSIONS is presented, but cannot be confirmed by reality or the treaty signed by the two governments. In fact, the May 18th treaty text postpones indefinitely the definition of the borders, a quite problematic issue considering the conflicting interests involved regarding territory and Adriatic contro. On the other hand, the editorial mentions the promise to Croatia of “righteous borders, economical prosperity [...] free manifestation of its culture, that has always been oriented towards Italian civilisation”. Such empty rhetorics are easily proven false considering the territorial dispute between the two states and the proGerman feeling which can be found in many Croats during the war, even those in Dalmatia. Among many possible examples that testify the fact that there was no attraction on the Croatian part towards Italian culture, there is Bettiza’s testimony regarding the situation in Spalato, which certainly was not due to sympathy for Yugoslavia or being partial to Italy. According to the writer, in the city between two wars there was obsessive spreading [...] and affirmation of the Slavic identity in Dalmatia. [...] Belgrade, and especially Zagreb, thought that Dalmatia - craved by Italy that already possessed Zara and Lagosta - was a very exposed and vulnerable point in the new Yugoslav kingdom. That is why they tried in many ways to hide traces of Rome and Venice in toponymy, town planning, monuments’ aesthetics, especially in Spalato where those traces were everywhere, strong and profoundly intersected with the city (BETTIZZA, 2009, p.215). Bettiza’s thoughts on the growing Slavic identity in Dalmatia opposed to the Italian one (or even Roman and Venetian) through physical structures are very similar to moderate points of view expressed by Ciano and the Italian king during discussions about the definition of the two states’ borders. There were extreme positions of the Dalmatian irredentists, the Duce and a great part of diplomacy and army corps that wanted the annexation of the entire Dalmatian coast based on historical claims and the better military defence of the Adriatic provided by the Eastern coast (REDOING, 2003, p. 105-107), opposed to other pragmatic evaluations of the situation. According to Ciano, leaving Spalato to Croatia was preferable to making them into enemies, as he wrote in his diary on April 29th: “Is it really

10

worth the effort to save a city where the only Italian thing are monuments, only to lose control over a big and rich kingdom? There is no denying the history of those stones, but the living’s present is more important”. The diary (on April 30th) also indicates the king’s point of view, fully favourable to giving Spalato away: “The King thinks that less Dalmatia we take, less problems we shall have. If it wasn’t for certain sentimentalism which is easily explained”, he said, “I would be in favour of giving Zara away too.”. The “righteous borders” which were set on June 7th 1941 with a royal decree, give fully the idea of Italy’s weakness, despite assigning Italy a part of Dalmatia going from Zara to Spalato, with the Bay of Kotor separated both from the rest of the region and Montenegro; Italy was incapable of asserting its territorial and economical interests in the eyes of its Croatian and German allies. In fact, the treaty clauses that make Italy a guarantee of Croatian independence and its territorial integrity are ambiguous; according to those, Croatia should have been, at least formally, a sort of Italian protectorate, but was prohibited from having a war naval fleet15 and had to accept the Italian military transits on the coastal road Fiume-Kotor and the (interrupted) railway Fiume-Ogulin-Spalato. Finally, Italian Dalmatia was divided in three provinces of Zara, Spalato and Kotor, but was not economically independent and could not count on Croatian resources which were in part controlled by Germans and ruined by the civil war: therefore it could only depend on Italy. Dalmatia was just a piece of arid land inhabited by “almost half million Croats that dominated numerically the ethnic Italians (BURGWYN, 2006, p.66). On the other hand, despite such a sombre situation and the awareness of the maximum Italian state authorities, the article hereby analysed pictures an image of “imperial” Italy, fully able to support Croatia economically and military, whose borders were defined by “ the perception of the “vital space”, a great conquest of the contemporary political ideas, that are destined to be instated in Europe with the 15 According to the article n.2 of the treaty’s attachment that defines military efforts regarding the littoral Adriatic area; that is how Italy - almost openly - wanted to prevent the possibility of Germans controlling the Adriatic, through an escamotage of ships flying Croatian flags. In fascist imperial projects, the Adriatic sea was and had to remain an Italian lake,

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Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… Axis’ victories, restoring the unity that peace treaties [Versailles] have violently changed, to the point of compromising the western society’s destiny”. There is an allusion to an “European unity” which is not very ante litteram, based not on free associations between states but on the Axis’ hegemony founded by the German Reich, and apparently by a future mediterranean fascist “empire”, which was later subject to theories of concentric circles enlargement all the way to Africa and Middle East (REDOING, 2003, chart 1, p. 497). Croatia would have been a part of that empire inside the “second circle”, which included the entire Balkan area. This was an attempt to acquire more space than Germany allowed. Such project was based on different principles than the ones in the Nazi “vital space” theory, that wanted to eliminate the populations of conquered territories in order to make space for the arian race, which was biologically superior. Fascist Italy wanted to create a net of “satellite” states depending on Rome, whose populations were not to be annihilated or enslaved, but they were to absorb the “superior” Italian civilisation that would grant order and justice (OLIVA, 2007, p. 49). This system was based on Mussolini’s idea of an “Italianity” capable of absorbing other cultures (WÖRDSDÖRFER, 2009, p. 147), openly inspired by the “client states” in Ancient Rome which were placed on the margins of the territories annexed to the Urbe. However, those fascist projects were ruined by a basic contradiction: the true winners in the Yugoslav campaign were the Germans, and they decided which regions would be under Italian occupation, saving those of main economical and strategic importance for themselves (ROCHAT, 2008, p. 360). Despite this fact, according to Rochat (2008, p.361) the Balkan regions occupied by Italians play an essential role in the fascist war which often is undervalued. They were the only concrete result of the expansionist politics, and were suppose to be an anticipation of the Mediterranean empire that Mussolini promised, a proof that Italians were capable of dominating new vast territories acquired by force of arms and kept with significant military effort. The occupied territories which were obtained with a dose of luck and with external military aid inspired Ciano to conclude a rapid negotiated peace, before they could be ominously lost. He wrote in his diary (May 6th 1941): “I provide him [ to Mussolini] with some of my considerations, meaning that a 56

compromise peace should be considered as something good for us, especially now that we got what we wanted”. Such thoughts were reasonable, but they collided with the mediterranean empire project which was not yet finished and was also a non-negotiable part of the regime propaganda. There were persistent hegemony intents despite some limitations in the Balkan area noticed by Rochat (2008, p. 363): “the fascist domination cannot count on the Italian minorities’ support or any other favourable conditions”. Italian expansion ambitions were means of propaganda during the entire Mussolini regime, despite war bad luck. This can be perceived visually through a map inside the Touring Club Italiano Guida d’Italia published in Rome in 1942 (image 1). Corsica, Nice area, Ticino, Malta and Dalmatia are compared to Italian regions; Dalmatia was not represented only by using a segment correspondent to the real annexations accomplished, but it included the entire region from Fiume to Kotor without territorial continuity. In regard to the same topic, there is also the interesting example of a western Balkan chart16 (image 2) which illustrated the project of Dalmatia’s annexation: the claim on the region is not limited to the provinces of Zara, Spalato and Kotor which were controlled by Italy, but they continue following the entire east Adriatic coast, going into the hinterland too and including the Croatian Krajina, Lika and Herzegovina up to (and including) Mostar. The “L’illustrazione italiana” accepts as righteous solely the annexation of a part of the coast, leaving the other parts to Croatia. Such an approach could not be different, considering the publishing date which was immediately after the treaty with Croatia. Italy wanted to maintain a good relationship with Croatia, and above all wanted to avoid it getting closer to Germany, which was inevitable if the fascist expansionism proved to be too menacing. The magazine refers to a “reciprocal collaboration [...] with a certain future”: these words are involuntarily ironic considering the ever-growing hatred between Croats and Italians despite their formal alliance, and the precarious territorial solutions which were cancelled with Italy’s defeat on September 8th 1943. There is 16 The map from the Guida d’Italia is taken from RODOGNO, p. 102; the second one is from RODOGNO, 2003, p. 104 and has been previously published by L.Missoni, Luci e ombre sulle Dinariche. L’Italia nei Balcani, Anonima Arti Grafiche, Bologna 1942.


SECURITY DIMENSIONS also mention of the “vital space” where Croatia was included and “for which Italy had bigger plans”. Therefore, a “client” state following the above mentioned theory; Italy would not take away their independence but will take Venice’s place in a context of Adriatic hegemony. In fact, there was to be a comeback of “times when San Marc’s lion was on the eastern Adriatic gates. The only change is the fact that the lion is now transfigured into the imperial Italy’s emblem”. Then there is the speech given by the Italian king, who was famously anti-Germanic and with no sympathy whatsoever for the Croatian nation whose leaders claimed Gothic ancestors17. While talking to Pavelić, unconcerned with the truth and paying no attention to the ridicule, he said: “With much hope, we salute the new order in Europe that marks the rebirth of the Croatian nation, whose history has so many ties to our own and that for centuries has tenaciously oriented its intellectual and moral existence towards the Roman civilisations”. In fact, according to that logic, the Croatian people welcomed the reinstallation of monarchy and the return to the never forgotten ancient Roman and Venetian habits “as the realisation of a dream which was mortified for quite a long time”. What it really was is a grotesque sham, and nobody among those who took part in it actually believed it was true, and that very soon would have catastrophic consequences for both Italian and Yugoslav peoples.

6. 7. 8.

9.

10.

11. 12.

13.

14.

REFERENCES 1. Allcock, J.B. (2000): Explaining Yugoslavia, Columbia University Press, New York.2. 2. Bettiza, E. (2009): Esilio, Oscar Mondadori, Milano. 3. 3. Bianchini, S.; Privatera, F. (1993): 6 Aprile 1941. L’attacco italiano alla Jugoslavia, Marzorati, Settimo Milanese. 4. Bianchini, S. (1993), L’Adriatico della discordia. Italia e Jugoslavia: una coabitazione difficile, in Bianchini, Privitera (1993), p. 17-52. 5. Burgwyn, H.J. (2006): L’impero sull’Adriatico. Mussolini e la conquista della Jugoslavia From Ciano’s diary, November 3rd 1941: “The Duce is indignant with Pavelić because he claims Croats are of Goth origins: that equals gravitating in Germany’s orbit. This could have immediate effect on the current situation.

17

15. 16.

17.

18.

19. 20.

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1941-1943, Libreria Editrice Goriziana, Gorizia (orig. ed. Empire on the Adriatic. Mussolini’s Conquest of Yugoslavia 19411943, 2005 Enigma Books – New York, NY, USA). Cattaruzza, M. (2007): L’Italia e il confine orientale, il Mulino, Bologna. Ciano, G. (2010): Diario 1937-1943 (ed. Renzo De Felice), BUR, Milano. Collotti., E. (1974): Penetrazione economica e disgregazione statale: premesse e conseguenze dell’aggressione nazista alla Jugoslavia, in Collotti, Sala(1974), p. 11-47. Colotti, E.; Sala, T. (1974): Le potenze dell’Asse e la Jugoslavia. Saggi e documenti, Feltrinelli, Milano. Gobetti E. (2007): L’occupazione allegra. Gli italiani in Jugoslavia (1941-1943), Carocci, Roma. Marzo Magno, A. (2003): Il leone di Lissa. Viaggio in Dalmazia, il Saggiatore, Milano. Monzali, L. (2004): La questione jugoslava nella politica estera italiana dalla prima guerra ai trattati di Osimo (1914-75), in Botta, F,; Garzia, I. (eds.), Europa adriatica. Storia, relazioni, economia, Laterza, Bari, pp. 15-72. Oliva, G. (2007): «Si ammazza troppo poco». I crimini di guerra italiani 1940-43, Oscar Mondadori, Milano. Privatera, F. (1993): L’Italia dal sogno imperiale alla disfatta, in Bianchini, Privatera (1993), p. 53-81. Privatera, F. (2007): Jugoslavia, Unicopli, Milano. Rochat, G. (2008): Le guerre italiane 19351943. Dall’impero d’Etiopia alla disfatta, Einaudi, Torino. Rodogno, D. (2003): Il nuovo ordine mediterraneo. Le politiche di occupazione dell’Italia fascista in Europa (1940-1943), Bollati Boringhieri, Torino. Sala, T. (1974): Fascisti e nazisti nell’Europa sudorientale. Il caso croato (1941-1943), in Colotti, Sala (1974), p. 49-76. Vignoli, G. (2006): Il sovrano sconosciuto. Tomislavo II re di Croazia, Mursia, Milano. Wörsdörfer, R. (2009): Il confine orientale. Italia e Jugoslavia dal 1915 al 1955, il Mulino, Bologna (orig. ed. Krisenherd Adria 57


Antonio Violante THE CREATION OF KINGDOM IN CROATIA IN 1914 ON THE PAGES… 1915-1955. Konstruktion und Artikulation des Nationalem im italienisch-jugoslawischen Grenzraum, Paderborn, Schöningh, 2004).

AUTHOR Prof. Antonio Violante teaches historical geography at the University of Milan. He has lived in Seoul and Belgrade, working in the Italian diplomatic core with cultural roles, and has been a teacher at foreign Universities. He has published numerous studies of historical, political and cultural geography in Italy, Poland and other European countries. Together with Alessandro Vitale, he is the author of the essay L’Europa alle frontiere dell’Unione, published in Milan in 2010.

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THE EU’S NOTION OF TERRITORIALITY: THE “WESTPHALIAN MEMORY” VS. THE “NEW EMPIRE”. CONSEQUENCES FOR THE MACRO-REGIONAL DIMENSION OF THE ADRIATIC SEA REGION Alessandro Vitale

ABSTRACT The creation of the European Union in 1992 reflected an attempt to rethink some of basic modern political concepts as national sovereignty and citizenship. But in recent years the European spatial development policy discourse has taken an evident territorial character with the enforcement of the idea of territorial cohesion and territorial continuity. The spatial predominant EU’s conception contributes to an evident emergence of a modern territorial building of the European space. Moreover, nowadays the instrument of hard and closed border and the sharp inside/outside dichotomy are accepted as the normality in Europe. Due to this notion of territoriality, the idea of the EU as a “non-Westphalian new empire” (according to the “neo-medieval paradigm”)

is at least unrealistic. Its borders are getting more territorial, physical and visible, in deep contrast with an imperial historical structure. Hard border policies and practices on the borders mirror the existence of a de facto barrier and of a deep “Westphalian memory” in the way to use the territory as support of political unity. The EU’s drive to re-territorialise Europe is not a mere academic question; it has real consequences for people and places. Supra-nationalism reveals itself as a metaphor of “re-territorialization”, a paradox with strong political and economic consequences. In the macro-regional dimension of the Adriatic Sea region the EU’s “re-territorialisation” can impede seriously the cooperation across the EU’s external borders.

KEYWORDS Europe, EU, Adriatic Sea, borders, territoriality, modern state, security

INTRODUCTION Nowadays the prevailing discourse about the European spatial development is increasingly littered with references to territory, territoriality and territorial cohesion. However Europe has never been a clearly demarcated continent or a fixed bordered entity. The Mediterranean in the past was a bridge of civilizations and only recently it became a European periphery and a de facto border in the modern sense. Political scientists, particularly specialists in International Relations, have discussed in recent years about two contrasting territorial models of political unity referred to EU: the “non-Westphalian new Empire” (according to the theoretical “neo-medieval paradigm”) and the tendency to build a new political unity with an evident “Westphalian territorial memory”. Due to the pragmatic notion of territoriality existing in fact, in my

opinion the idea of the EU as a “non-Westphalian new empire” became at least unrealistic. At the same time the territorial reality of EU and the EU’s notion of territoriality and of borders are a clear obstacle for the emerging identity of what is increasingly being termed “the Euro-Balkan dimension” in the Adriatic region. Many factors connected to geographic and cultural proximity make possible the intensification of relationships and macro-regional cooperation among Adriatic coastal (and non-coastal) regions and states for dealing with complicated problems and unrealized potentials in the region. However, despite the obvious desirability of improved cooperation in the Adriatic Sea and the EU’s action at the macro-regional level, the EU’s territorial dimension faces a number of policy dilemmas and contradictions. The removal of internal borders within the EU and the opening of a common market were 59


Alessandro Vitale THE EU’S NOTION OF TERRITORIALITY... accompanied by a continuous strengthening and by an increasing relevance of external borders. (Ibryamova, 2004). The creation of a common market with economic and social cohesion was followed by acts and policies to demarcate, border and protect the common European space (Geddes 2001, Zielonka 2006). In fact, also the EU’s concept of political integration, based on a rigorous system of inclusion and exclusion, defined by full membership status and fortified external borders became an instrument of the old conception of territoriality. The Maastricht Treaty that entered into force in 1993 clearly established an increasing importance of the EU’s territorial basis. Even if after five decades of non-stop theorizing about European integration, scholars are still concerned with the question of what exactly the EU is and what it may comes resemble in the future (Sidaway, 2006: 4), Commission’s officials clearly said that the dismantling of Europe’s internal borders made it necessary to make sure that the controls at the external borders of their shared territory were reliable (Islam, 1994: 40). The EU’s system is characterized, much more than in the past, by a territorially fixed political community. The construction of the EU is in large part and attempt to create a coherent political, social and economic space. Bordering is, by nature, a multilevel process of re-territorialisation and it raises determinant questions regarding the EU and its territorial nature. Several recent developments in the European Union, such as the creation of the Schengen area1, the Lisbon Treaty2, and the Frontex agency, show that the territorial concept, in a modern geographical sense, is still important, influent and seems to evolve towards a polity with the “Westphalian” characteristics. The EU is now evolving towards a reproduction of the territorial model of modern state by presenting itself as being one single space and by bordering, disciplining and normalizing itself with practices similar to those of nation-states (Boedeltje and van Houtum, 2008: 362363). Most of the member states wanted to move the The new focus on the controlling of the EU’s external borders was also triggered by the Schengen Treaties. (Albrecht 2002: 1). 2 The contemporary tendency towards an Europe with a Constitution, President, Minister of Foreign Affairs and above all a clearly demarcated territory with a sharp inside/outside dichotomy, borders as barriers, is going on. It represents a project of a very restricted and closed EU (cf. Boedeltje and van Houtum, 2008: 361). 1

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Community towards a closer economic and political union. Economic and social cohesion became one of the pillars of the Community structure (Fitzgerald and Michie, 1997: 20). But due to the concept of territoriality related to a clear inside/outside division, the European project seems to evolve more towards a replication of the modern state territorial structure than towards a form of empire, with its open spaces and heterogeneous structures without an internal and organic principle of unity. Europe has an intrinsic historical openness and cannot be understood with a definite beginning or end; it has never been a clearly demarcated continent or a fixed bordered entity and it has always been characterized by shifting spatialities. The Mediterranean and the Adriatic once were a bridge of civilizations between Europe, Africa and Asia. The rich trading cities of the Adriatic, Ancona and Venice, were in close relation with the high civilization of the Eastern Mediterranean and were large Byzantine in culture. Only recently the Adriatic became a European periphery and a border. The EU’s more frequent and widespread concept remains territorially-based: especially the spatial continuity is at the centre of the attempt to construct the European Union as a polity with modern state characteristics. THE CONTEMPORARY EU’S NOTION OF TERRITORIALITY AD THE “WESTPHALIAN MEMORY” The prevailing discourse about the European spatial development is increasingly littered with references to territory, territoriality and territorial cohesion. Already in the Constitution’s provisions (Treaty Establishing a Constitution for Europe, 2005) the themes of territoriality and territorial cohesion recur again and again. The cohesion of its territory is explicitly posited as codified and institutionalised, something to be reinforced. (Burgess, 2009: 148).3 Nowadays the European Commission conceptualizes the EU as a demarcated area with a clear inside and outside, surrounded by a ring of friends (European Commission 2003).4 The contemporary dominant discourse and metaphors on the EU’s political geographical nature are still clearly territorial in the Among the objectives formulated in Title 1 is the promotion of economic, social and territorial cohesion (Burgess, 2009: 148; Treaty Establishing a Constitution for Europe, 2005: 17). 4 This document refers to the European territory as a clearly demarcated space, and uses the definitions “Within and beyond the new borders of the Union” and the concept “Ring of friends”. 3


SECURITY DIMENSIONS modern sense. Despite the fact that at the beginning of the European Project (the Rome Treaty) the aim was to incorporate as many states and people as possible, than to create a restrictive union, the EU is based on a conception of contiguous territories, of territorial integrity and it needs a clear understanding of what belongs and what does not belong to the Union. The spatial predominant conception of the EU contributes to an evident emergence of a sharpened territorial building of the European space. The idea of both the territorial cohesion and territorial continuity shows how relevant the notion of territoriality in the “European geographic discourse” is and consequently how accepted the instrument of hard and closed border and the sharp inside/outside dichotomy are. In fact, the EU’s concept of political integration became an instrument of an old conception of territoriality. The Maastricht Treaty clearly established an increasing importance of the EU’s territorial basis. The creation of a single space triggered a wish to demarcate and border the European political space and entity (Islam, 1994: 38). A new common external border became needed to protect the entire Union (Geddes, 2001; Harvey, 2000) and the external borders have been increasingly policed (Albrecht, 2002), representing a clear conception of hard territoriality. Concerns about the safety of the Union rose quickly in the 1990’s. It is difficult to deny that the EU is now a territorial structure with policing of its physical external borders, walls, hardware, and internal surveillance of the territory, strong immigration laws, and a protectionist economic policy, especially concerning agriculture. Membership of and belonging to the EU automatically creates exclusion, and it is necessary to remember that the right to control and deny admission of foreigners is often seen as crucial to a nation state’s sovereignty and territorial integrity (Leitner, 1995: 261). As wrote Colin Harvey, “supranationalism” requires a process of boundary drawing just as much as nationalism. (Harvey, 2000: 374).5 It is not surprising that the demarcation, bordering and securing of the common European space became the permanent conception of scholars, politicians and of the media. Bordering is driven mostly by fear of crime and the need to be Harvey adds that a boundary between “us” and “them” and the construction of the mechanism to ensure inclusion cannot be wished away, because it is the consequence of the ambitious aims of the EU. (Harvey, 2000: 374).

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amongst “ourselves”, hence protecting welfare, security and identity (Van Houtum and Pijpers, 2007: 303). In fact, the EU aspires to become an international actor by extending its institutional power and superimposing its borders on the already existing state borders of European nation-states. Nowadays the conformation of the EU’s borders6 is characterized by rigid border law enforcement, borders controls (Andreas 2003: 78) and obstacles to the cross-border mobility. What still separates many Adriatic Countries maintains the aspect of a “modern state border”. This EU’s boundaries pretend the territorial continuity and are “parasitical” and “subsequent” (it adapts itself to the historical subdivisions imposed by a long political occupation) and are “overimposed” (it doesn’t pay attention to the characteristics of cultural sights). Thus the EU’s territoriality is derived from that of its member states (Philipott, 2001: 17). The European Union is a project of re-territorialisation. EU’s territoriality is “hard” in the sense of institutions, borders and policies. The ‘exclusive’ and ‘expulsive’ character of the EU’s border, his impermeability, his function of rigid delimitation of space and of “perimetral” barrier, its superposing to existing state borders, cannot be defined neither as “post-modern”, nor as “imperial”. Even though some scholar claim EU’s external borders as “undefined external boundaries” (e.g. cf. Wallace, 1999: 519), these borders maintain a clear function of barrier. Premodern territories were characterized by variety, fluidity, non territoriality in the modern sense of word, or nonexclusive territoriality (Anderson, 1996: 141). The territorialisation of politics has been implied a long term process of the creation of an “internal” and “external” at state borders. Territoriality in the Middle Ages was characterized by an absence of clearly defined borders and sharp inside/outside distinctions (Anderson, 1995: 69). Furthermore, within an empire the relationships between territory and sovereignty are weak. The empire includes external relations without creating any sharp inside/outside dichotomy (Anderson, 2007: 19). Samuel Pufendorf in his work De statu imperii germanici (1667) argued that the Holy Roman Empire completely lacked a distinction between inside and outside. Indeed he wrote that his structure was “irregular” and a kind of regimen monstruosum. In fact, due on his “trans-territorial”

5

About the permanence of an old border, see Newman D., Paasi A. (1998: 199) and Andreas P. (2003). 6

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Alessandro Vitale THE EU’S NOTION OF TERRITORIALITY... dimension (Ruggie, 1993) it was quite impossible to find a sharp division between “internal” and “international” dimensions. Hendryk Spruyt noted: «The medieval period lacked not only exclusivity but also territoriality. […] Federalism, the Church and the Holy Roman Empire lacked territorial fixity and exclusivity. […] The Empire did not define itself by control over a territory» (Spruyt, 1994: 35, 51). One of the defining elements of empires is the absence of hard borders. Before the nation-state structure prevailed a nonexclusive form of territoriality, with many forms of personalized and fragmented authorities within and across territorial formations, with inclusive bases of legitimation. The main change in the political structure of Europe was the creation and the spread of firm territorial boundary lines between political formations. States were built around the idea of territorial homogeneity and unity. The contemporary EU’s border seems neither the Roman limes, nor the medieval “marche” of frontier, generated by the complex tissue of historic Europe and created by the “trans-territoriality” that distinguished it.7 The “linear border” is a recent historic reality, characteristic of rigid territorial systems, and hasn’t the function of ‘filter’ but that of ‘enclosure’ (Newman and Paasi, 1998: 197): boundaries and territoriality are contextual. From the Roman limes to the Habsburg Grenze all empires have known only peripheral zones where settlersoldiers served as ever embattled “buffers” for the imperial centre (Zielonka, 2002: 39). The modern characteristics of EU’s external border appear by the attempt to sharply separate between internal “law and order” of the internal space (Innenraum) and the outside dimension to which expel all the impossible to assimilate “disorder”. This is the typical logic of the modern state: the production of the “order” inside the borders and the expulsion of the “disorder” outside. Even if long-standing realist debate in International Relations has suggested an inherent weakness of the EU due to its lack of Westphalian stature, the EU’s borders are evidently still characterized by a “Westphalian memory” in the way to use the territory as support of political unity (Badie, 1995; Reut, 2000) and correspond to the

«The archetype of nonexclusive territorial rule is Medieval Europe» (Ruggie, 1993: 149). 7

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modern idea of “political territorial exclusivity” (sovereignty).8 Furthermore, the EU’s political geographical imagination and the visions on the EU’s territoriality are dominated by an attempt to assure a “territorial continuity” for the Union. Generally in this conception it is impossible to admit exceptions, e.g. enclaves and the territory of EU must be continue, without any interruption. The same process of enlargement was thought as an acquisition of contiguous territories, excluding “anomalies”. This conception reveals at least an imitation of the political model of the modern territorial state, even though at “supra-national” level. Only taking into account the more recent forms of empires (Habsburg or Russian-Soviet) 9 it is possible to define the EU as a “new empire” but certainly not inside a “neo-medieval” paradigm. This territorial conception caused through the years an “involution” of the border and rendered the borders impermeable (and certainly not “fuzzy frontiers zone”), letting fall institutionalized Europe into the “territorial trap” (Agnew, 1994). This process reflected the same conception of the creation (already existent in the Cold War period) of a big selfsufficient, autarchic area, closed by a customary and boundary belt, which remembers the ideal of the ‘Fichtean’ geschlossene Handelsstaat (a political territorial, closed and mercantilist area). Although the EU’s territoriality is still less fixed and less exclusive than that of modern states (Mamadouh, 2001: 434), and progresses in a complex, multifaceted, and non-linear fashion, the “supra-national” character of the EU is not enough to make different that unification among states, founded in Maastricht, from other unifications that used modern borders as an instrument of building of state territory. The EU is acknowledged to be a political hybrid which eludes conventional categories of national or international political organization but regarding the external dimension of European territorialisation, it is becoming an actor involved in spatial ordering within and outside its territory, and in bordering.

8 «The Westphalian model of international political life presumes a notion of hard borders » (Mostov, 2008: 20). 9 From the mid-sexteenth through the mid-eighteenth centuries, Russia and Austria were transformed into modernized empires with organizational characteristics of modern states but still multinational medieval autocracies in conception.


SECURITY DIMENSIONS Of fundamental importance is the fact that the EU continues to display its greatest institutional strength along the territorial lines of the member states. The EU’s border seems a particular form of mark of territoriality used by governments to control resources and peoples, by making the bounded territory the primary focus of economic and political identification for citizens. The drawing of any given state or of “supra-national” border represents a simplification of complex political and geographical problems. THE HARD BORDER POLICIES AND PRACTICES Instead of developing the spontaneous process of rebirth of a porous border, as contact and trade zone to East and towards the Balkans, that appeared not only possible, but necessary on the early 90’s (Layard, Blanchard, Dornbusch, Krugman, 1992), during the last 15 years it was tried to oppose a long, artificial process of tightening that produced the “involution” of the border, which at the beginning of this decade became military reinforcement (since 2004), made rigid and sealed by a system of visas, reinforced by the “Schengen courtain”. The perceived “security deficit” has been increased the impermeability of the external border of the EU. Despite the fact that the Schengen Agreement’s implementation (after 1990) has had different effects for different parts of the EU’s external border, especially in the Overseas Countries and in the Countries that are not part of the EU, hard border thinking and policy are emblematic of the EU’s conception of territoriality as an ultimate goal to achieve. This border is getting more territorial, physical and visible. The expansion of the EU has involved a redrawing of the boundaries and relationships between the EU and its neighbours. The hardening of borders, in the name of security, acts to reinforce the division between “insiders” and “outsiders”. It corresponds to an old form of territorialisation of politics and to a building of an “internal” and “external” at EU’s borders. The distinction between “EU-members” and “nonmembers” is nowadays sharp, relevant and important (Zielonka, 2006: 12). This border is characterized by rigid border law-enforcement, borders controls, and obstacles to the cross-border mobility. Moreover, European economic protectionism, using the border, damages the prevalent agricultural economies of the regions

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beyond the border, breaking the development, which instead is completely possible. Commerce with separated by European border Countries suffers from barrier effects and these economic activities cannot contribute to create economic wealth. Particularly developing Countries of small dimensions that have seen the reduction of their internal market, need to open outwards, otherwise they can fall into stagnation and decline (Pavliuk 1997; Batt and Wolczuk 2002), because the high cost of autarchy. The economic justification of these barriers doesn’t hold: it’s not clear why only “internal” openness of the Union urges until the frontiers of EU can be obtained advantages, while beyond these borders start disadvantages. The reality is that the border depends only on political justification, based on the political principle of ‘exclusivity’. In fact, the EU’s border maintains a destabilizing effect within states left outside the EU, by exacerbating centrifugal tensions and pressures and may cause difficulties in the relationship between the EU and its neighbours. Trying to expel “disorder”, EU’s border could stimulate it, as demonstrates e.g. the Ukrainian case. CONSEQUENCES FOR THE MACRO-REGIONAL DIMENSION OF THE ADRIATIC SEA REGION The Adriatic Sea Region remains highly fragmented. While the need for a European strategic vision for the Adriatic Sea appears obvious, the proposed strategy at European level nonetheless faces a series of challenges due on the widespread EU’s territorial conception, and the lack of an external perspective. The macro-regional cooperation is deeply affected by the Westphalian management of the territory and of the related sea. Removing hindrances to the internal market in the Adriatic Sea Region remains difficult. The existing frameworks of cooperation in the Adriatic region are not working. The Adriatic Sea region seems to confirm the general picture in International Relations that is much easier to set up institutions than to get them working properly. Clearly, this problem has to do with the lack of political will and the existing reality of the Westphalian territorial conception. In an area, where the need for international cooperation may be the greatest, it remains the lack of perspective on how to work with the EU’s external dimension in the Adriatic Sea in the years to come. It seems quite problematic to develop an EU strategy for the Adriatic when the most important fields of cooperation clearly hold an 63


Alessandro Vitale THE EU’S NOTION OF TERRITORIALITY... external dimension. Many Adriatic countries are excluded from the Adriatic macro-regional dimension: the fact that they are not part of it jeopardizes many EU’s efforts on a macro-regional level. There is a general lack of an external perspective and of a coherent approach to the non-UE Adriatic macroregional level. While the European Neighbourhood Policy strives to provide the foundations for a new regional community, it also contributes to a politics of difference, creating distinctions between the EU, nonEU Europe and non-Europe. The Adriaic-Ionian Initiative, within the Central European Initiative (CEI) aims at encouraging closer collaboration in this region with the involvement of the Western Balkan coastal nations. The Adriatic-Ionian dimension is capable of increasing the possibility of contacts and collaboration with the Mediterranean region, strengthening relations between CEI and the European Commission, and participating in project aimed at achieving community priorities in South Central and South Eastern Europe, but in fact the EU’s border in the Euro-Mediterranean area has become more salient. Border regions in the Adriatic area display many directions of inequality and asymmetry and they became economically and geographically peripheral. EU’s borders negatively affect regional economies of the Adriatic area by splitting economic catchments areas and by increasing transaction costs. There is no doubt that the Adriatic Sea area is in need of more advanced cooperation among the littoral states for dealing with severe problems and unrealized potentials in the region. But the existence of a border at the supra-national level and of a policy hierarchy that embraces distinction between the inside and the outside of the EU into the Adriatic macro-region may be detrimental in the long term. CONCLUSIONS The macro-regional dimension that could take place on the geographic feature of the AdriaticIonian macro-region necessitates, much more today than in the past, a new conception of EU’s borders. But the macro-regional dimension can become an instrument only within new frameworks including nonEU partners. Many factors connected to geographical and cultural proximity make possible not only the intensification of multicultural relationships among Adriatic coastal regions but also a new perspective in free trade. Different scenarios for the future of the EU 64

are possible, but nowadays the building of the “institutional Europe” still largely contains an old conception of territoriality and boundaries. The EU’s border still obstacles the implementation of a necessary number of coordinated actions and projects. This conception is related to the popular conviction that the EU/Europe has always been a fixed territory and that some European countries cannot belong to it. The Treaty of Lisbon also makes a step forward to the creation of a territorial polity at the European level. In sum, the contemporary EU’s concept of territoriality contains characteristics of a neo-Westphalian model and there are no evidences that the EU is turning into a “neo-medieval” empire. It is self-contradictory and highly problematic arguing that EU is a polity that evolves towards a weak empire or a “maze Europe” with soft and flux external borders of “fuzzy” nature, as e.g. wrote Zielonka (Zielonka 2006: 6, 144) or to say that the inside/outside division is blurred because the EU’s authority does not stop at its own external borders (cf. Böröcz 2001: 18-19). External borders and inside/outside dichotomy show the reality of the EU’s predominant conception that is based on the Westphalian clear-cut borders as well defined lines. Collaboration efforts across the EU’s external border, a kind of peculiar mix of regional, national/bilateral, and pan-European/supranational cooperation initiatives cannot be generalized. In any case, the European Neighbourhood Policy (ENP), soft policy instruments as Tacis and Interreg are not enough to neutralize the “barrier’s effect” of the renewed border. More “inclusionary” initiatives towards the EU neighbours have had a marginal impact (Debardeleben, 2005). Along the EU’s border, controls and surveillance will not be loosened but, at least for now, intensified: it is a border without a good chance of disappearing. But re-territorialising politics seems inappropriate to a new concept of Europe as “empire”. Reducing and resolving (or partly resolving) these contradictions generally require opening the gateways and reducing the “barrier functions” of the border (Anderson, O’Dowd 1999: 596). The tightening of the EU’s border regime threatens to reinforce social inequalities in the borderlands and could lead to a widening of the development gap between the EU and its neighbours also in the Adriatic sphere. Nowadays in the Adriatic macro-region is growing up the necessity of a deeper cooperation, including a visa-free-regime, a free-trade zone for


SECURITY DIMENSIONS services and agricultural products, an increasing level of people-to-people contacts, as well as closer cooperation in transport infrastructure. The increasing transnational flows of capital, products, services, labour and information have generated a growing need for border-crossing mechanisms. The rising of pressures towards the development of continuous spontaneous cross-border contacts confirms the existence of a push toward the recovery of optimal dimensions of cooperation, above all on the economic plan. Rethinking the external logic of the EU’s Adriatic policy, including non-EU’s members, became highly necessary. Softening borders encourages sustainable resolutions to socioeconomic development. It could better protect and/or strength relationships and associative obligations through border or transnational networks. It offers a possible remedy to a politics of exclusion, facilitating global processes (Mostov, 2008: 3-5, 17). As wrote Anderson (Anderson, 1996), it is necessary at least a radically rethinking of political borders, of hard border assumptions and territoriality. Softening borders opens up alternatives for cross-border linkages and new spaces of cooperation. The transformation of the modern concept of sovereignty invite for rethinking the terms of political and territorial associations.

REFERENCES 1. Agnew, J., (1994), The Territorial Trap: the Geographical Assumption of International Relations Theory, Review of International Political Economy, 1, 53-88. 2. Albrecht, H. (2002), Fortress Europe? – Controlling Illegal Immigration, European Journal of Crime, Criminal Law and Criminal Justice, 10/1, 1-22. 3. Anderson, J., (1996), The Shifting Stage of Politics: New Medieval and Post-modern Territorialities?, Environmental Planning, 14/ 2 , 1996, 133-153. 4. Anderson, J., O’Dowd, L., (1999), Borders, Border Regions and Territoriality: Contradictory Meanings, Changing Significance, Regional Studies, 33/ 7, 593604. 5. Anderson, J. (1995), The exaggerated death of the nation-state, [in] ANDERSON, J., BROOK, C. and COCHRANE, A. (eds.). A

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Alessandro Vitale THE EU’S NOTION OF TERRITORIALITY... 18. Ibryamova, N. V., (2004), Security, Borders, and the Eastern Enlargement of the European Union, [in] http://www.miami.edu/eucenter/ibryamovase curityfinal.pdf. 19. Islam, S. (1994), Fortress Europe, Index on Censorship, 23/3, 37-43. 20. Layard, R., Blanchard O., Dornbusch R., Krugman. P., (1992), East-West Migration: the Alternatives, The United Nations University, Tokyo. 21. Leitner, H. (1995), International migration and the politics of admission and exclusion in postwar Europe. Political Geography, 14/3, 259-278. 22. Mamadouh, V. (2001), The territoriality of European integration and the territorial features of the European Union. Tijdschrift voor Economische en Sociale Geografie 92/4, 420–436. 23. Mostov, J., (2008), Soft Borders. Rethinking Sovereignty and Democracy, Palgrave Macmillan, New York. 24. Newman, D., PAASI, A., (1998), Fences and neighbours in the postmodern world: boundary narratives in political geography, Progress in Human Geography, XXII/2, 186207. 25. Philpott, D. (2001), Revolutions in Sovereignty: How Ideas Shaped Modern International Relations, Cambridge University Press, Cambridge. 26. Ratti, R., Reichman, S., (1993), Theory and Practice of Transborder Cooperation, Helbing & Lichtenhahn, Basel und Frankfurt a. M. 27. Ruggie, J.G., (1993), Territoriality and beyond: problematizing modernity in international relations, International Organization, XLVII/1, (Winter), 139-174. 28. Sibley, D., (1995), Geographies of Exclusion: Society and Differences in the West, Routledge, London. 29. Sidaway, J. (2006), On the nature of the beast: Re-charting political geographies of

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the European Union, Geografiska Annaler, 88 B/1, 1–14. Spruyt, H. (1994), The Sovereign States and its Competitors. An Analysis of Systems Change, Princeton University Press. Treaty Establishing a Consitution for Europe, (2005), Office for Official Publications of the European Commission, Luxembourg. Van Houtum, H., (2002), Borders of Comfort: Spatial Economic Bordering Processes in the European Union, Regional and Federal Studies, XII/4 (Winter), 37-57. Van Houtum, H. and Pijpers, R. (2007), The European Union as a Gated Community: The Two-faced Border and Immigration Regime of the EU, Antipode, 39/2, 291-309. Vitale A., The Contemporary EU’s Notion of Territoriality and External Borders. In: “European Spatial Research and Policy” vol. XVIII, 2 (2011), 17-27. Vitale A., The EU’s Eastern Borders: Theoretical and policy implications. In: Plures, Construction and Deconstruction of Nationalism and Regionalism: A Long Journey to Europe. Proceedings of the Second Conference of the Adriatic Forum, Académie Européenne de Géopolitique, Montpellier 2011. 197-203. Vitale A., The EU’s predominant concept of inside/outside dimensions, the stop of enlargements, and the Eastern European deadlock. In: Heffner K. (Ed) The Eastern Dimension of the United Europe, University of Łodz, Silesian Institute in Opole, Silesian Institute Society Łodz -Opole 2013, vol. 1, 11-22. Wallace, W., (1999), The Sharing of Sovereignty: the European Paradox, Political Studies,. 48. Zielonka, J. (2006), Europe as Empire: the Nature of the Enlarged European Union, Oxford University Press, New York. Zielonka, J. (ed.), (2002), Europe Unbound: Enlarging and Reshaping the Boundaries of the European Union, Routledge, London and New York.

AUTHOR Assoc. Prof. Alessandro Vitale – Department of International Studies, University of Milan, Italy 66


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DIE ANFÄNGE DER EUROPÄISCHEN INTEGRATION – ERSTE BEMÜHUNGEN UM KOLLEKTIVE SICHERHEIT IN EUROPA Karel Schelle

ABSTRACT At first sight, the idea of European integration seems to be an entirely modern matter. If we talk about it, it is most likely in frames of decades, or utmost (considering the change of millennium) we talk about it as a matter of the last century. However, we can undoubtedly find roots of European integration far earlier – namely in the

period when Roman Empire was forming not only the disposition of Europe, but also the history of a part of the African and Asian continent. Although motivations of those, who inspired the European integration, were different, we can also see efforts to ensure lasting peace by peace agreements.

KEYWORDS European integration, peace, collective security

MITTELALTERLICHE INTEGRATIONSVERSUCHE UND INTEGRATIONSKONZEPTIONEN Es ist gar nicht überraschend, dass mehrere Konzeptionen der ganzeuropäischen oder allchristlichen Integration im Mittelalter und am Anfang der Neuzeit entstanden. Der expansive Charakter der frühmittelalterlichen Staatsgebilde bedingte relativ schnelle Bildung großer Staaten (Fränkisches Reich) mit dem inneren Aufbau, der eher einer freien Konföderation mit fränkischer Hegemonie (Stammesherzogtümer) als dem Einheitsstaat ähnlich war. Nach dem Zerfall des Frankenreiches evozierte die Umschließung von Heiden den Bedarf von einer Einheit der christlichen Welt. Die Idee des christlichen Einheitsstaates scheiterte am Konflikt mit der Realität der feudalen Gesellschaft. Europa und auch die einzelnen mittelalterlichen Staaten wurden zur desintegrierten Gemeinschaft.1 Ausgedrückt mit Worten von André Mauroise: „Feudale

Ordnung war eher als ein kohärentes System ein Ganzes von Millionen menschlicher Wesen, Herren, Vasallen und Bauern, die gewisse auseinander gezogenen Scharen bildeten“.2 Europa setzte sich aus hoher Anzahl von großen und kleinen Staaten zusammen, aber die Desintegration begrenzte sich nicht nur auf die Staatsebene. Desintegriert waren auch die einzelnen Staaten. Dies führte ein ganzer Faktorenkomplex herbei, vor allem der Charakter der in kleinen Teilen entwickelnden feudalen Ökonomie und damit zusammenhängende Stand der Kommunikationen und später gewiss auch der ständische Partikularismus. Die „Welten“ der politisch aktiven Stände und der abhängigen Bevölkerung, aber auch Angehörige einzelner Stände, „Einheimische“ und Ausländer oder Stadt und Dorf wurden streng voneinander getrennt. Es ist nicht möglich, auch weitere Unterschiede zu unterlassen, die als tiefe Kluft z. B. die Angehörigen einzelner Religionen oder männliche und weibliche Welt auseinander hielten. Die Nachteile der allseitigen Desintegration traten insbesondere in der Konfrontation mit der Außengefahr in den Vordergrund. Diese Gefahr stellten die Tataren schon im 13. Jahrhundert und Maurois, A.: Dějiny Francie. Praha: Nakladatelství Lidové noviny 1994, S. 37. 2

Vojáček, L. und Kol.: Dejiny verejného práva v Európe. Bratislava: Praf UK 2003, S. 97 – 105. 1

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Karel Schelle DIE ANFÄNGE DER EUROPÄISCHEN INTEGRATION dann das Osmanische Reich in der Zeit des Hochmittelalters und am Anfang der Neuzeit dar. HEILIGES RÖMISCHES REICH – ERFOLGLOSER INTEGRATIONSVERSUCH DER CHRISTLICHEN WELT Die zentralisierte Herrschaftsform und die expansionistischen Tendenzen einzelnen Staaten, die von der Notwendigkeit der Beschaffung von Lebensunterhalt und der Mittel zur Erhaltung der bewaffneten Gefolgschaft und des entstehenden Staatsapparats zum Nachteil der Nachbarn herbeigerufen waren, waren allerdings für das Frühmittelalter noch typisch. Deswegen war auch das Gebiet von frühmittelalterlichen Reichen nicht stabil. Markante geografische Wasserscheiden oder militärische Linien gaben ihm nur festere Umrisse. Sein Umfang bestimmte vor allem die faktische Fähigkeit der frühmittelalterlichen Herrscher zur Durchsetzung und Auferhaltung der Macht in den einzelnen Gebieten. Die frühmittelalterlichen Staaten waren eng mit der Kirche verbunden, weil die katholische Religion zur Ideologie der neuen Staatsmacht in Europa wurde. In neuen Staaten half sie die noch überlebenden geschlechtlichen Organisationsstrukturen aus dem öffentlichen Leben zu verdrängen. Die gebildeten kirchlichen Würdenträger fanden ihre Geltung im Staatsapparat und der Staat beschützte die Kirche (und im Grunde regierte er sie auch) und unterstützte sie freigiebig. Der Zentralismus, expansionistische Charakter der frühmittelalterlichen Staaten und ihre Verflechtung mit der universalistischen katholischen Kirche schufen relativ günstige Bedingungen für eine breitere Integration. Die politischen Bemühungen der fränkischen Herrscher mit Karl dem Großen an der Spitze und vor allem die Konstituierung des römischdeutschen Reiches (Heiliges Römischen Reiches) stellten reale Integrationsversuche des 3 frühmittelalterlichen Europas dar. Das Konzept

3 Dazu allgemein Dějiny evropského kontinentálního práva. Praha: UK/Linde 2003; Hattenhauer, H.: Evropské dějiny práva. Praha: C. H. Beck 1998, S. 255 und ff.; Kadlec, K.: Dějiny veřejného práva ve střední Evropě. Praha: vlastním nákladem 1928; Právní dějiny. Praha: Eurolex Bohemia 2005, S. 196 und ff., Vojáček, L. a kol.: Dejiny verejného

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des römisch-deutschen Reiches stützte sich um die Teilung der gemeinsamen – christlichen – Werte und verfolgte vor allem die machtpolitischen Ziele. Der Reichsgründer Otto I. aus der sächsischen Dynastie, der sich nach dem Muster Karl des Großen im Jahre 962 vom Papst zum Kaiser krönen ließ, stützte seine Ambitionen um die Theorie (translatio imperii), nach der die Weltherrschaftsmacht der altrömischen Kaiser auf die Herrscher des Frankenreiches und über diese auf seine Dynastie übertragen wurde. Er selbst und seine unmittelbaren Nachfolger akzentuierten dabei vor allem die Verbundenheit mit dem Reich Karl des Großen, der spätere Kaiser perforierten mehr die römischen Traditionen. Seit dem 13. Jahrhundert bezeichnete sich das neue Staatsgebilde als Heiliges Römisches Reich. Es sollte ein universales überstaatliches christliches Gebilde darstellen, in dem alle christlichen Herrscher vereinigt wurden. An seiner Spitze sollten der Kaiser und der Papst stehen. Der Kaiser sollte unter Ausnutzung seiner weltlichen Macht die Christentuminteressen schützen, durchsetzen und verbreiten; der Papst stellte die oberste geistliche Autorität dar. Die Integrierungstendenzen des mittelalterlichen patrimonialen Staates waren aber nicht von langer Dauer. Die Existenz der Stammesherzogtümer, die durch personelle Verbindungen zwischen den Angehörigen einzelner Stämme (Nationen) zusammengekittet wurden, wirkte unmittelbar nach der Entstehung des Römischen Reiches als Dezentralisationsfaktor. Es gelang den römischen Kaiser noch, diese Komplikation erfolgreich zu bewältigen. Ein entscheidender Schritt zur Abschaffung der Stammesherzogtümer führte Friedrich I. Barbarossa durch, als er den Herzog Heinrich den Löwen stürzte und das Herzogtum Sachsen und Bayern an neue Vasallen verteilte. Später war es nicht mehr möglich, die an den ökonomischen und gesellschaftlichen Verhältnissen gestützte Desintegration aufzuhalten. Im Endeffekt wurde die Desintegration von den Lehensbeziehungen in der auf dem práva v Európe. Bratislava: Vydavateľské oddelenie PraF UK 2003, S. 164 und ff..


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Gebiet des römisch-deutschen Reiches entwickelten Form unterstützt. Auf dem größten Teil seines Gebietes entwickelten sie sich erst am Ende des 11. Jahrhunderts und am Anfang des 12. Jahrhunderts voll, als sich die Kaiser bemühten, mit Hilfe der Erteilung der Amtslehen die Macht der Stammesherzöge zu brechen. Die Lehensordnung garantierte die Vererblichkeit der Amtslehen. Die deutschen Fürsten, die zusammen mit dem Amt auf dem Kaiserhof auch ein Teil des Reichsgebiets als Lehen gewannen, verfügten zugleich über die volle Jurisdiktion und eine Reihe von weiteren Privilegien und Immunitäten, die die Herrschermacht begrenzten. Das deutsche Lehenswesen wurde aber vor allem durch den Fakt charakterisiert, dass die Lehensordnung dem Adel einen Anspruch auf die Vergabe der unbesetzten Lehen (sog. Lehenszwang) sicherstellte. Das unbesetzte Lehen konnte der Kaiser nicht an seine Domänen anschließen, sondern binnen eines Jahres, sechs Wochen und drei Tage („binnen Jahr und Tag“) war er verpflichtet, das Lehen an einen anderen Vasallen zu vergeben. Selbstverständlich trug es nicht zur Stärkung der Zentralmacht bei, weil der Kaiser (zum Unterschied z. B. vom französischen König) auf diese Art und Weise seine Domänen nicht erweitern und seine reale Macht stärken konnte. Die Kaiser stellten auch einen vollen Anspruch auf die gehaltenen weltlichen Lehen den hohen kirchlichen Würdenträgern – den geistlichen Fürsten sicher (Wormser Konkordat aus dem Jahre 1122 und vor allem das Privilegium Confederatio cum principibus ecclesiasticis aus dem Jahre 1220).4 Die universalistische Auffassung des römisch-deutschen Reiches stärkte – paradox erscheinend – die politische Dezentralisation Europas. Die territoriale Unbestimmtheit und Expansion des Reiches trugen zur Erhaltung der schon existierenden inneren Reichsgliederung in kleinere, oft historisch gegebene Gebiete bei. So hinderten sie die Entstehung des nationalen Einheitsstaates.5

Im Prinzip gelang es zwar, die feudale Zersplitterung zu eliminieren, aber nur auf der Ebene der einzelnen Territorien. Deswegen wurde das Heilige Römische Reich zwar zur anerkannten Einflussgröße im mittelalterlichen Europa, die proklamierte Universalität wurde aber nie erreicht. Des Kaisers Bemühungen sich über andere Herrscher zu stellen, stieß auf wirksamen Widerstand. Auch die Gebiete, die formal seine Angehörigkeit zum Römischen Reich anerkannten, standen außerhalb des realen Einflusses des Kaisers. Einen festen Reichskern stellten vor allem die deutschen Territorien, Norditalien, Lothringen, Burgund und die Gebiete der heutigen Benelux-Staaten dar. Im 15. Jahrhundert machten die römischen Kaiser seine Macht nur auf dem Gebiet des heutigen Deutschlands und Österreichs und auf einigen Territorien auf dem linken Rheinufer geltend. In dieser Zeit resignierten sie schon eindeutig auf den universalistischen Charakter ihrer Macht. Dieser Fakt spiegelte sich auch in der modifizierten Form der Reichsbezeichnung wieder: seit Ende des 15. Jahrhunderts (1474) wurde die Bezeichnung Heiliges Römisches Reich Deutscher Nation benutzt. Auch die vorgesehene Zusammenarbeit zwischen Kaiser und Papst an der Spitze des Reiches funktionierte in der Praxis nicht. Zuerst gewann der Kaiser die Führungsrolle. Zuletzt wurden die Gebiete der geistigen und weltlichen Angelegenheiten (Temporalia und Spiritualia) kompromissweise voneinander getrennt. Seit dem 16. Jahrhundert komplizierte auch die Reformation die Religionsverhältnisse und Beziehungen zwischen Staat und Kirche im Reich.6 Nur der Kaiser und der Reichstag verbündeten praktisch seit 13. bis Anfang des 16. Jahrhunderts die mannigfaltigen deutschen Territorien. Es gab keine wirklich funktionierenden gemeinsamen Vollziehungsorgane. Die Goldene Bulle Karls IV., wie das auf dem Reichstag zu Nürnberg von 1356 aus Anlass Karls IV.

Ein Auszug der beiden Texten in Balík, S. a kol.: Texty ke studiu obecných dějin státu a práva. II. Feudální stát a právo. Praha: SPN 1974, S. 139 – 140 und 141 – 143. 5 Vojáček, L. a kol.: Dejiny verejného práva v Európe. Bratislava: Praf UK 2003, S. 167.

6 Zur Beziehung zwischen Staat und Kirche im Mittelalter z. B. Francen, A.: Malé církevní dějiny. Praha: Zvon 1992; Kadlec, J.: Církevní dějiny. II. a III. Litoměřice: Římskokatolická Cyrilometodějská bohoslovecká fakulta v Praze 1972; Küng, H.: Katolícka cirkev. Stručné dejiny. Bratislava: Slovart 2003.

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Karel Schelle DIE ANFÄNGE DER EUROPÄISCHEN INTEGRATION verabschiedete Reichsgesetz bezeichnet wird, regelte vor allem die innere Gestaltung des Reiches. Die Goldene Bulle stellte eigentlich das erste kompakte Reichsgrundgesetz dar, das den Reichsaufbau regelte. Wahrscheinlich entstand sie nach den schwierigen Verhandlungen des Herrschers mit den übrigen Kurfürsten und weiteren bedeutenden Fürsten. Karl IV. wurde gezwungen, in der Goldenen Bulle auf den Machtaufstieg der Fürsten, vor allem der Kurfürsten zu reagieren. Zugleich bemühte er sich, die Kaiserwürde für die Luxemburger sicherzustellen (vor allem durch die Stärkung der Stellung des Königs von Böhmen und des böhmischen Königreiches). In der tiefen Krise am Ende des 15. Jahrhunderts, die sich in nicht beherrschbaren Finanzproblemen und in der Verschärfung der Beziehungen zwischen Kaiser und Reichsständen und zwischen den einzelnen Ständen untereinander äußerte, bemühten sich die Habsburger um den Preis des Zugeständnisses zugunsten der Reichsstände, ihre Zentralmacht zu stärken, jedoch ohne Erfolg. Kaiser Maximilian (1493-1519) versuchte die Verhältnisse im Reich am komplexesten zu reformieren und die Reichsverbundenheit zu stärken. Eine Voraussetzung für die Stabilisierung der politischen Situation im Reich stellte der auf dem Reichstag zu Worms in 1495 verkündete Ewige Landfrieden dar. Er sollte das mittelalterliche Fehderecht verbieten und die Bedingungen für die Einführung einer einheitlichen Rechtsordnung schaffen. Seine weiteren Reformen betrafen die Organisation der Reichsverwaltung. Der Reichstag wurde in drei Kollegien eingegliedert und eine genaue Stimmenabgabetechnik wurde festgelegt (1489). Maximilian bildete den ständischen Reichsregiment, der in der Zeit der Abwesendheit des Kaisers regieren sollte. Diesem Organ gelang es jedoch nicht, sich gegen die Reichsfürsten mit den Kurfürsten an der Spitze durchzusetzen und er funktionierte nur für eine kurze Zeit. Zwar setzte Karl V. dieses Organ wieder ein, bald aber erlosch es. Der Kaiser versuchte auch, ihm selbst untergeordnete Organe mit den vollziehenden und gerichtlichen Aufgaben (Hofrat) und mit der Finanzzuständigkeit (Hofkammer) zu bilden. Die

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Reichsstände setzten sich diesem jedoch entgegen.7 Diesen und alle ähnlichen weniger erfolgreichen Versuche begrub definitiv der Westfälische Frieden von 1648,8 der den dreißigjährigen Krieg beendete und den Weg zur faktischen Unabhängigkeit der einzelnen Landfürsten vom Reich eröffnete. Die römischen Kaiser schafften es also nicht, eine ursprünglich kohärente Gemeinschaft der christlichen Herrscher, also einen allchristlichen Staat zu bilden. Das Reich wurde nur zu einer fiktiven auf die mitteleuropäischen Verhältnisse begrenzte Einheit ohne größeren Realeinfluss. Seine Schwäche liegt vor allem darin, dass es ihm in der Regel nicht gelang, weder einen gemeinsamen Weg gegen die Feinde zu finden, noch die militärischen Konflikte zwischen denen, die sich zum Reich bekannten, zu verhindern. INTEGRATIONSTENDENZEN IN NORDEUROPA Die skandinavischen Länder – Dänemark, Schweden, Norwegen, Island und Finnland wurden seit den uralten Zeiten mit den gemeinsamen Verbindungen verbunden, deswegen müssen wir den Norden Europas als ein Gebiet eigener Art wahrnehmen.9 Sowohl im Mittelalter als auch in der Neuzeit veränderten sich die Machtpositionen, als sich die stärksten Länder, bzw. seine Herrscher sich an die Übrigen anschlossen. In der Zeit des größten Aufschwungs griffen die nördlichen Mächte auch in das Geschehen auf dem Gebiet des heutigen Großbritanniens, Deutschlands, Polens, Russlands und der Baltischen Länder ein. Zur nördlichen Weltmacht wurde zuerst Dänemark, das nicht nur die Halbinsel Jütland und angrenzende Gebiete auf dem Kontinent, sondern auch bis zum 14. Jahrhundert die Südspitze des heutigen Schweden beherrschte. Durch seine Dazu z. B. Hanel, J. J. Říšské právní dějiny německé se zvláštním zřetelem k zemím rakouským. Praha: J. Otto 1906; Hattenhauer, H.: Evropské dějiny práva. Praha: C. H. Beck 1998. 8 Skřivan, A., Drška, V., Stellner, F.: Kapitoly z dějin mezinárodních vztahů 1648 – 1918. Praha: ISE 1994, S. 7 ff. 9 Právní dějiny. Praha: Eurolex Bohemia 2005, S. 478 ff. (Auf S. 509 – 510 Übersicht der weiterführenden Literatur). 7


SECURITY DIMENSIONS Eroberungskämpfe gefährdete es das Ostbaltikum (im 13. Jahrhundert beherrschte es Nordestland), Mecklenburg und Pommern. Nach früheren personalen Verbindungen der nördlichen Staaten (ein gemeinsamer Herrscher stand an der Spitze Schwedens und Norwegens, Dänemarks und Norwegens, Dänemarks und Schwedens) initiierte Dänemark am Ende des 14. Jahrhunderts (1397) die Entstehung der Kalmarer Union, die nach einer südschwedischen Stadt benannt wurde. Norwegen, das schon seit den sechziger Jahren des 13. Jahrhunderts Island beherrschte, Schweden, dessen integralen Bestandteil auch das heutige finnische Gebiet bildete, und Dänemark wurden in der Kalmarer Union vereinigt. Sie umfasste also das ganze Skandinavien und sollte eine ewige militärischpolitische Vereinigung bilden, in der jedoch jedes Land seine Unabhängigkeit bewahrte. Sie wurde proklamiert als: „großmächtige Festung der heimlichen Einigkeit“ und sollte „einen unerschütterter Schutz gegen Gewalt, Verbrechen und Hochmut aller Ausländer“ gewähren. Aus dieser Vereinigung profitierte vor allem Dänemark, das seine Partner zur für sie nachteiligen Außenpolitik zwang, und das sich bemühte, auch in die inneren Verhältnisse der anderen Mitgliedstaaten einzugreifen, vor allem durch die Einsetzung der Dänen in die hohen Staatsämter. Trotz vieler Schwierigkeiten und vorübergehenden Störungen der Vereinigung funktionierte die Kalmarer Union bis Anfang des 16. Jahrhunderts (1526), als Schweden definitiv ausschied. Es wurde schrittweise im 16. Jahrhundert zum stärksten Land in Nordeuropa. Weiterhin überdauerte die formal gleichberechtigte, allerdings in der Praxis nicht ganz ausgeglichene Verbindung zwischen Dänemark und Norwegen (vertieft im Jahre 1450 durch sog. Bergener Union). In dieser Zeit wurde

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die ehemalige Verbindung zwischen Island und Norwegen schwach und das Inselland geriet unter den dänischen Einfluss (ähnlich war es auch mit Grönland).

REFERENCES 1. Balík, S. und Kol.: Texty ke studiu obecných dějin státu a práva. II. Feudální stát a právo. Praha: SPN 1974. 2. Dějiny evropského kontinentálního práva. Praha: UK/Linde 2003; Hattenhauer, H.: Evropské dějiny práva. Praha: C. H. Beck 1998 3. Francen, A.: Malé církevní dějiny. Praha: Zvon 1992; Kadlec, J.: Církevní dějiny. II. a III. Litoměřice: Římskokatolická Cyrilometodějská bohoslovecká fakulta v Praze 1972. 4. Hanel, J. J. Říšské právní dějiny německé se zvláštním zřetelem k zemím rakouským. Praha: J. Otto 1906; Hattenhauer, H.: Evropské dějiny práva. Praha: C. H. Beck 1998. 5. Kadlec, K.: Dějiny veřejného práva ve střední Evropě. Praha: vlastním nákladem 1928; Právní dějiny. Praha: Eurolex Bohemia 2005. 6. Küng, H.: Katolícka cirkev. Stručné dejiny. Bratislava: Slovart 2003. 7. Maurois, A.: Dějiny Francie. Praha: Nakladatelství Lidové noviny 1994.. 8. Právní dějiny. Praha: Eurolex Bohemia 2005. 9. Skřivan, A., Drška, V., Stellner, F.: Kapitoly z dějin mezinárodních vztahů 1648 – 1918. Praha: ISE 1994. 10. Vojáček, L. und Kol.: Dejiny verejného práva v Európe. Bratislava: Praf UK 2003.

AUTHOR Doc. JUDr. Karel Schelle, CSc., Právnická fakulta Masarykovy univerzity, Brno Česká republika

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SECURITY STUDIES. VARIA


SECURITY DIMENSIONS

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DISPOSITIONAL GROUP AND SPECIAL FITNESS IN HAND-TO-HAND COMBAT. KICKBOXING EXERCISES AND PROFILED CIRCUIT TRAINING Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak

ABSTRACT This article is a result of researches concerning influence of the elements of kickboxing and profiled circuit training on the overall fitness of members of dispositional groups, such as antiterrorists. Taking into account the special features necessary for such people, for the experiment we chose exercises that are the best to develop them. Members of dispositional groups need special preparation so they could efficiently fight with the offenders, who threat

the security. The research experiment described is of interdisciplinary character, as it regards an interdisciplinary branch of studies – securitology. Security studies, to develop the security culture, must be based on empiric researches and consists of practical elements, as there is no place for speculative theories of doubtful quality here. Therefore researches on special preparation of dispositional groups are of great importance.

KEYWORDS security culture, physical culture, counterterrorism, special preparation

INTRODUCTION This article contains considerations on technical and scientific problematic which concern aspects and application of physical culture. It regards rising of the efficiency of dispositional groups. More precisely, this problematic is associated with physical culture, which is examined from such a point of view that allows to find its securitological application based on methods developed within the practice and the theory of sport. We wanted to present a relevant fragment that is now more often present in scientific discourse and in publications concerning the phenomenon known around the world as security culture. This phenomenon is the subject of transdisciplinary researches concerning security issue. Physical culture is an element associated to endless toil of consecutive, taken up by newer and newer generations, reconstruction of specific patterns, methods, behaviors and every transmissions represented by the complementary security culture. This phenomenon in both, conscious and unconscious way accompanies people since they resisted for the first time to various forms of

threats. For thousands of years people were creating and improving it, as they were fighting intensively for survival and development individually and in groups. In the process of building the security culture, very early appeared specialized groups of people, who had some adequate psychophysical predispositions and socalled moral (and volitional) dispositions to actively protect once their tribesmen, currently – fellow-countrymen. Nowadays we call them dispositional groups. Physical and mental preparation of dispositional groups naturally required improvement of psychophysical preparation of their members for the possibility of taking up effective defense fight. This improvement was being intensified due to the pressure of time and existing threats. Stress is another factor that while facing the conflict, along with the existence of it, becomes of great activating meaning and this require no further substantiation. This way, man started his purposeful activity, which took place in the area of physical culture, but aimed to raise the level of security culture. We shall, looking closely at the historical sequence of aftermaths, agree that it was much later, when a sport variant of 73


Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak DISPOSITIONAL GROUP AND A SPECIAL FITNESS physical culture appeared as a secondary effect of needs associated to the phenomenon of the culture of security and defense. In all fairness (which is one of the mental “artefacts” of security culture) one must notice that sport is now paying its historical “debts” to dispositional groups, which have initiated sport rivalry in antiquity. Sport offers the contemporary dispositional groups a greatly enriched, in relation to its “rough” variants, theoretical apparatus and practical tools. These tools are highly efficient training methods. Kano paradox is an example here. It led to improvement of combat ju-jutsu, which have a medieval origin, by raising the possibility of trainability of combat techniques in sport training of judo. It is similar when it comes to methods of capacity preparation – trainings of various forms of capacity, and finally strength trainings. Methods, which are very useful for preparation of members of dispositional groups, for instance counterterrorism divisions, are such disciplines as Euro-American boxing, Japanese karate and judo and a kickboxing training, which combines advantages of them, and MMA (mixed martial arts) skills. Discussion on an influence of this training on raising of some capabilities of a counterterrorist or competitive sport contestant is the main part of this article and is based on actual scientific-research experiment. We mean the scientific researches of empirical character which were conducted in the Institute of Security and Socio-Legal Studies of School of Higher Education in Public and Individual Security “APEIRON” in Cracow. Nota bene, preparation of a uniformed service officer to direct combat as part of counterterrorism activity is, from a technical point of view, close to a training of a specific decathlon. However it is a subject for much wider elaboration, while in this article we focused on the topic specified in the title of the article and on the discussion on researches and conclusions concerning the course of kickboxing training process, and influence of such exercises on the organism of participant. Participants of the project were students of internal security, who had declared that they are determined to serve in special division of the police (anti-terrorist subdivisions), army or other uniformed service (i.e. Border Guard or Customs Service). Students, who took part in described scientific experiment, 74

have never competitively trained martial arts, however they have had a contact with karate or other variants of ju-jitsu. Their challenge was to raise their capabilities of hand combat. It was supposed to be done due to an intensive training of contact sport such as kickboxing with a focus on elements of the traditional boxing. This technique enables visible increase of competences regarding so called “distancing”, special hardiness characteristic for competitors, who are being “hit”, and raising the skill of efficient head protection, since the high “insecurity level” of this area of defense techniques practically eliminates the person as able to wage a hand combat at expected level. The skills we have indicated correlates with an excellent reaction time, agility and other components of speed (speed of a singular move, frequency of moves), which may be achieved through kickboxing and boxing training. A transfer that comes out of such abilities may be useful also for other actions than hand-to-hand combat. An example here is the socalled “quick eye”, a jargon term for a feature characteristic for well-trained boxers. This feature may be an useful element also when locating, judging the distance quickly, prioritization and making swift decisions, which allow to shoot moving objects that are the source of threats eliminated by an officer. DESCRIPTION OF THE RESEARCH EXPERIMENT MECHANISM

To achieve a high technical level and strict sport or combat specialization, which means also out of sports needs regarding additional “armament” of those, who within their entire professional life live an antiterror heavy duty style of life, one needs to comprehensively develop general and special efficiency1. One of the most challenging sport disciplines in motor shaping is boxing. So is its close relative – a discipline that combines a triedand-true in self-defense, trained once by all respectable world armies – boxing and even older, tested in samurai war struggle – karate. L. Matwiejew 1967: O problemach teorii i metodyki treningu sportowego. Sport Wyczynowy 8(46): 21-26; Beachle T.R., Earle R.W. 2008: Essentials of Strength Training and Conditioning. Physiotherapy 83(1): 653. 1


SECURITY DIMENSIONS This discipline is kickboxing, which requires “complete” and very high level of overall fitness of a person, who trains it. The course of a contact fight is characterized by a rapid and changing pace and large amount of kicks and (generally) relatively in relation to kicks, larger amount of punches. The field of a real fight with an offender in contrast to the ring usually limits the number of kicks in a way that is proportional to terrain difficulties and adverse weather condition, which may for example cause icing, strokes of wind, rain, fog, insufficient lightening of the battle field (none of this occurs in the ring). These elements only rise the bar for expected psychophysical competences of a counterterrorist, source of which is intensive, but at the same time wisely planned and properly carried out, sport (however at the same time of an out-of-sport character) physical training. Organism of a training person should be prepared for an effort of very high intensity, when the frequency of systole may exceed 190-200 beats per minute and the concentration of lactate may raise to 14-15 mmol.1- 12 Kickboxer mainly shapes their socalled explosive strength, which provides speed and powerful punches. This destructive energy may be an additional argument in the hands (and legs) of a well-trained antiterrorist. While planning the training, one should avoid isolated exercises for they would not have a functional quality for a kickboxer and the strength coming out of it cannot be used in a real contact fight.3. In other words – it means that if a antirterrorist does too much of this exercises (it unfortunately happens often – the question is: who currently supervises that?) he may be unconsciously committing a suicide, which is only slightly postponed. Due to multilateralism of tactical and technical physical preparation necessary for a counterterrorist, so-called general preparation is J.B. Nikiforow, I.B. Wiktorow 1974: Metody treningowe w boksie. Sport Wyczynowy 9(117): 23-26; Gosh A.K. 2010: Heart rate, Oxygen Consumption and Blood Lactate Responses during Specific Training in Amateur Boxing. International Journal of Applied Sports Sciences 22(1): 1-12. 3 N. Bourne, J. Todd, T. Todd 2002: The Cold War’s Impact on the Evolution of Training Theory in Boxing. The Journal of Physical Culture 7 (2-3): 26-30; M. Matthews, P. Comfort 2008: Applying Complex Training Principles to Boxing: A Practical Approach. Journal of Strength and Conditioning Resarch 30(5): 12-15; 2

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of great importance, probably somewhat bigger than for a competitive athlete. To avoid misunderstanding – we are speaking of proportions which cause unfounded for a qualified sport but necessary for a counterterrorist volume increase and extension of the scope of allpurpose exercises (in relation to people who are narrow specialists in a given sport discipline). Extended elements of overall preparation are versatile basis not only for boxing, karate, and judo but also for other forms of physical activity, such as climbing, swimming or skiing. On the other hand the requirements of hand combat will optimize strength preparation by adoption for a standing fight a characteristic of load and motion specific adequate for kickboxing, whereas for the fight on the ground floor (to which in practice of anti-terrorist hand-to-hand combat one should not earnestly seek, as well as to handcuff the suspects on the ground) optimization of load should be the one, which is characteristic for judo. Both optimizations must avoid, as said and explained above, isolated forms of movement. Numerous groups of muscles are engaged during punching and avoiding punches in kickboxing, therefore it seems to be recommendable to take into account polyarticular exercises with weights, medicine ball and the weight of one’s own body. Strength preparation should also take regard to the planned time of a fight, when (if we think of sport confrontation during a sparring or sport competitions) for 2 or 3 minutes the strength of a competitor is used repeatedly without a single break for restoration of energy reserve. We need to remember that uniformed services also participate in internal, national and international sports rivalry. That’s why, one should consider the time to shape strength efficiency during the preparation period, for example by using the circuit method4. On the basis of various variants of circuit trainings5 we used the work-out of high-intensity small circuits (average frequency of systole in the range of 754 W.P. Ebben, D.G. Blackard 1997: Developing a StrengthPower Program for Amateur Boxers. Journal of Strength and Conditioning Resarch 19(1): 42-51; 5 M. Scholich 1986: Circuit training. Wydwanictwo SportVerlag, Berlin; T. Ambroży 2007: W poszukiwaniu związków treningu obwodowego z prozdrowotną aktywnością fizyczną. Annales Medicina Wydawnictwo UMCS, Lublin.

75


Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak DISPOSITIONAL GROUP AND A SPECIAL FITNESS 85% HRmax). Performing the individual exercises in circuits was time-limited to 30 seconds, the break between the circuits was 1 minute. Selecting the exercises, we have been following the assumption that they had to be polyarticular and to engage numerous groups of muscles (emphasized lack of isolated exercises).

B. Physical condition capabilities: 1. Strength capabilities: · dynamic strength of abdominal muscles: doing sit ups for 30 seconds · pull-ups · gripping force – measurement of a static strength 2. Speed capabilities: · explosive strength ( long jump from standstill) · shuttle run 10 x 5 m. 3. Endurance capabilities: · The Cooper test: a 12 minutes of continuous run. 4. Suppleness capabilities: · Forward flexion

DATA AND METHOD

From among the volunteers selected were people of similar somatic parameters. During verification of the participants of the experiment, we have posed an assumption that they had to be men of no less than three and no more than five years of practice of active training, however not on a high level of competitive sport (they mustn’t have neither first nor higher class in their discipline). This condition results from high intensity of proposed form of work-out, which requires an organism that is used to effort. Additionally the criterion defining the range of time of participation in specialized training allowed to select people of similar training degree and technical advancement in certain discipline. Using the purposeful selection in every group, we have chosen 30 people in the age group of 21 to 28 years. The first group (n=30) was performing the training previously practiced (called the own training), whereas the other one (n=30) acceded to the experimental cycle.

v

THE RESEARCH PROCEDURE USED Motor skills of the participants of the experiment was tested before the project and seven days after the ending. It allowed to assess the scale of impact of the experimental work-outs on the organisms of examined students. Selection of the tests was verified by the training specificity of boxing and kickboxing. Using the Eurofit fitness test and International Physical Fitness Test, following control samples were chosen: A. Coordination capacities and speed of movements: 1. Static balance (flamingo balance). 2. Arm movements frequency (plate tapping). 76

Additional special trial, suggested by a trainer of a group of boxers: speed of punches of upper limbs6. Speed (frequency) of punches. A contestant punches from a fighting stance. Every examined person performs a combination consisted of two punches: a left straight punch to the head and a right straight punch to the thorax, without changing the designated distance. The shields to which he performs 30 of such combinations (a total of 60 punches) are being held on a constant height by another person. Noted is the time of performing 30 complete combinations of punches in seconds with an accuracy of 0,1 s. STATISTIC ANALYSIS

Examined variables were analyzed using the statistical tools, such as: an arithmetic mean (Am, X ), standard deviation (Sd) and a student’s t-test.

K. Sterkowicz 2003: Testowanie sprawności specjalnej w Ju-Jitsu sportowym. [w:] S. Sterkowicz, T. Ambroży (red.): Ju-Jitsu sportowe: proces szkolenia (podręcznik trenera). Wydawnictwo Europan Association for Security, Kraków. 6


SECURITY DIMENSIONS

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RESULTS Tables 1 and 2 show the results of the experiment.

TABLE 1 Comparison of pretest and posttest measurements of the examined groups of boxers (the experimental cycle) paired samples of student’s t-test

PRETEST

am.

X

sd

STUDENT’S T-TEST (df=29)

POSTTEST

am.

X

sd

Differences between measuremnets Am.

sd

t

p

COOPER TEST

2848,17

200,36

2964,83

188,09

-116,67

43,64

-14,644

0,000

PULL-UPS

11,73

4,18

13,97

4,10

-2,23

1,04

-11,762

0,000

SIT-UPS

24,30

3,79

26,53

3,67

-2,23

1,36

-9,017

0,000

210,10

10,35

214,33

10,34

-4,23

3,58

-6,479

0,000

52,07

6,80

52,80

6,50

-0,73

2,02

-1,992

0,056

SHUTTLE RUN

12,62

0,70

12,58

0,68

0,04

0,25

0,805

0,428

PLATE TAPPING

13,51

1,00

13,04

1,04

0,47

0,34

7,491

0,000

11,77

4,53

13,23

4,61

-1,47

1,61

-4,980

0,000

4,17

1,12

3,80

0,76

0,37

0,93

2,164

0,039

14,58

1,46

14,21

1,45

0,37

0,34

5,953

0,000

LONG JUMP FROM STANDSTILL

HAND GRIPPING FORCE

FORWARD FLEXION

BALANCE STRAIGHT PUNCHES TEST

Paired samples of student’s t-test indicates a statistically important impact of the experimental work-out on the results obtained in individual test of motor skills by the group of boxers.

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Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak DISPOSITIONAL GROUP AND A SPECIAL FITNESS TABLE 2 Comparision of pretest and posttest measurements of examined control group – (the own trainings cycle); paired samples of student’s t-test

PRETEST

am.

X

STUDENT’S T-TEST (DF=29)

POSTTEST

sd

am.

X

sd

Differences between measurements śr.

sd

t

p

COOPER TEST

2908,33

199,21

2903,67

197,14

4,67

24,32

1,051

0,302

PULL-UPS

12,00

4,43

12,27

4,59

-0,27

1,57

-0,928

0,361

SIT-UPS

25,63

3,98

24,97

4,24

0,67

1,12

3,247

0,003

211,07

11,69

212,13

10,83

-1,07

2,72

-2,151

0,040

52,03

6,29

52,33

6,46

-0,30

1,21

-1,361

0,184

SHUTTLE RUN

12,61

0,69

12,75

0,65

-0,14

0,22

-3,665

0,001

PLATE TAPPING

13,23

1,12

13,32

1,09

-0,09

0,24

-2,033

0,051

12,13

5,79

12,67

4,99

-0,53

1,72

-1,702

0,100

4,23

1,36

4,27

1,17

-0,03

1,19

-0,154

0,879

14,49

1,57

14,47

1,56

0,02

0,26

0,399

0,693

LONG JUMP FROM STANDSTILL

HAND GRIPPING FORCE

SEATED FORWARD FLEXION

BALANCE STRAIGT PUNCHES TEST

Paired samples of student’s t-test indicates a statistically important impact of the experimental work-out on the results obtained in individual test of motor skills by the group of boxers.

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SECURITY DIMENSIONS DISCUSSION After the ending of six-week cycle of experimental circuit training, the tests of motor skill were repeated. On the basis of available literature we made an attempt to assess them. Participants of kickboxing trainings, who also participated in the research experiment, have noticed improvement of results in the Cooper test. The observed tendency of changes confirms previous reports on positive influence of circuit method on the development of cardiorespiratory endurance7. It also allows to suspect that the increase of endurance after the experimental circuit training have contributed to increase of oxygen consumption capability (VO2max) of the organisms of training people. Examining the influence of regular exercises on the strength of muscles and endurance, Laforest et all8 proved that people, who systematically do physical exercises, notice greater muscle strength in comparison to those, who don’t do any. Basic test of static strength and explosive strength showed higher values after the end of the six-week training cycle. In researches of the influence of high intensity interval training, Chtara et all9 obtained improvement in individual tests of explosive strength – the force. Probably the effects in shape of the development (increase) of strength capabilities of people, who participated, may be associated to using resistance exercises in the experimental circuit training. MacDougall et all10, on the basis of their own research, stated that the effects of strength

7 R.S. Taipale, J. A. Mikkola, A. Nummela, V. Vesterinen, B. Capostagno, S. Walker, D. Gitonga, W.J. Kreamer, K. Häkkinen 2010: Strength training in endurance runners. International Journal of Sports Medicine 31(7): 468-476 8 S. Laforest S., St-Pierre M.D., J. Cyr, D. Gayton 1990: Effects of age and regular exercise on muscle strength and endurance. European journal of applied physiology and occupational physiology 60(2): 104-111. 9 M. Chtara., A. Chaouachi, G.T. Levin, M. Chaouachi, M. Amri, P.B. Laursen 2008: Effect of concurrent endurance and circuit resistance training sequence on muscular strength and power development. The Journal of Strength & Conditioning Research 22(4): 1037-1045. 10 J.D. MacDougall, G.C.B Elder, D.G., Sale, J.R. Moroz, J. R. Sutton 1980: Effects of strength training and

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training may be associated to development of two types of muscle fibers: slow-twitch and fast-twitch (ST and FT) in right proportions. Although a strength training is not considered a basic method for developing strength, it exhibits a positive influence on highly important for antiterrorists (unpredictable time, amount and stress causing level of individual confrontations) and necessary for athletes strength endurance11. In result of experimental circuit training, kickboxers have noted an improvement of abdominal muscles and arm muscles strength. In the experimental training we used mostly polyarticular strength exercises that were supposed to engage numerous muscles groups, including postural muscles, which are responsible for the posture correction. The set included inter alia: squat with a barbell, swing, exercises with a gymnastic ball and bosu ball. Research on the impact of such exercises on individual groups of muscles shows greater activation of stabilizing muscles during training. Mostly strengthen were abdominal muscles, hip flexors and lower back12. Effects of the experimental training shows significant strengthening of these muscles, which is partially proved by the progress in the test of abdominal muscles strength of the people training. The result is important for the practice of developing motor efficiency of both athletes and officers (anti-terrorist). Every sequence of movement characteristic for certain discipline of sport requires also an effective work of deep stabilizing muscles and pelvis13. immobilization on human muscle fibres. European Journal of Applied Physiology 43(1): 25-34. 11 M.A. Brentano, E.L. Cadore, E.M. Da Silva, A.B. Ambrosini, M. Coertjens, R. Petkowicz, I. Viero, L.F.M. Kruel 2008 : Physiological adaptations to strength and circuit training in postmenopausal women with bone loss. The Journal of Strength & Conditioning Research 22(6): 18161825. 12 R.F. Escamilla, C. Lewis, D. Bell, G. Bramblet, J. Daffron, S. Lambert, A. Pecson., R. Imamura, L. Paulos, J.R. Andrews 2010: Core muscle activation during Swiss ball and traditional abdominal exercises. The Journal of orthopaedic and sports physical therapy 40(5): 539-541. 13 E.A. Andersson, J. Nilsson, Z. Ma, A. Thorstensson 1997: Abdominal and hip flexor muscle activation during various training exercises. European Journal Of Applied Physiology And Occupational Physiology 75(2): 115-123; Liebenson C. 2003: Functional abdominal training. Journal of Bodywork and Movement Therapies 7(2): 101-103; R.S Deane, J. W. Chow, M.D. Tillman, K.A. Fournier 2005: Effects of hip flexor

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Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak DISPOSITIONAL GROUP AND A SPECIAL FITNESS Due to applying the experimental training process, improved were also results of the balance test. In the experimental training of small circuits, exercises improving balance were included (i.e. single-legged jump on plyobox, bending shoulders on bosu ball). The use of this exercises should not only positively influence development of balance, but also functional muscle strength14. A confirmation of this observation are better results in the balance test after the training. Balance is an inseparable element, important for a warrior – modern one as well as the old one, perceived from the perspective of history of his development, his needs and needs of the team, which he is member of, and skills and predispositions indispensable for a fighter. Effects of the strength exercises, even the well-chosen ones, additionally depend on chosen pace of performing them15. Morissey et all.16, examining an influence of a squat with a barbell on certain motor parameters, showed that the structure of squat movement may influence the strength, which the training person will generate. The authors noticed that exercises performed at a faster pace have given better results in final tests. Results of the experimental training confirms this observation, as improvement of the generated strength was stated clearly (test of long jump from standstill). To examine the influence of the experimental training on special fitness of the participants, we have used a test of speed of punches of upper limbs17. On basis of the final training on sprint, shuttle run, and vertical jump performance. The Journal of Strength & Conditioning Research 19(3): 615-621. 14 C.H. Heitkamp, T. Horstmann, F. Mayer, J. Weller, H.H. Dickhuth 2001: Gain in strength and muscular balance after balance training. International Journal of Sports Medicine 22(4): 285- 290. 15 J. Munn, R.D. Herbert, M.J. Hancock, S.C. Gandevia 2005: Resistance training for strength: effect of number of sets and contraction speed. Medicine & Science in Sports & Exercise 37(9): 1622-1626. 16 M.C. Morissey, E.A. Harman, P. N. Frykman, K.H. Han 1998: Early phase differential effects of slow and fast barbell squat training. The American Journal of Sports Medicine 26(2): 221-230. 17 K. Sterkowicz 2003: Testowanie sprawności specjalnej w Ju-Jitsu sportowym. [w:] S. Sterkowicz, T. Ambroży (red.): Ju-Jitsu sportowe: proces szkolenia (podręcznik trenera). Wydawnictwo Europan Association for Security, Kraków.

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results stated was an increase of the parameter of frequency of punches. This results confirm validity of replacing isolated exercises with complex plyarticular muscles work-out. A basic rule of punching in kickboxing is smooth, coordinated engagement of a whole body18. Experienced boxers in their sport-jargon correcting their younger colleges often say: “punch him with your organism – not with your hand”. Only an amateur, who obviously should not be an antiterrorist claims that “you box with your hands”. The set of exercises of the experimental work-out aimed to complex development of groups of muscles and improvement of their functionality. High intensity of experimental unit of training caused that an average frequency of systole in groups of participants was oscillating at the range of 75-85% HRmax. This range is considered the most optimal for adaptation of the organism to intense efforts19. Highest frequencies of the systole noted were at the range of 85-95% HRmax, which suggests that the effort performed during the experimental training is submaximal. Tabata et all.20 on the basis of their researches prove that a training of medium intensity only improves aerobic capacity. On the other hand trainings of high intensity improves both aerobic and anaerobic ways of the supply of oxygen. These reports confirms validity of the training form used. In turn previous training specification used in the control group (“the own training”) also resulted in the development of motor skills, but to a lesser extent. It may prove that in sport training, one needs to modify intensity and form of training cycles to raise effectiveness. Claessens and Lefevre21 claims that changes of physical activity, T. Nowak 2004: Boks technika, metodyka nauczania. Wydawnictwo AWF Warszawa; 19 R.R. Pate, J.D. Branch 1992: Training for endurance sport. Medicine & Science in Sports & Exercise 24(9): 340343. 20 I. Tabata, K. Nishimura, M. Kouzaki, I. Hiray, F. Ogita, M. Miyachi, K. Yamamoto 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. 21 A.L. Claessens, J. Lefevre 1992: Secular trends in somatic and motor characteristics of physical education 18


SECURITY DIMENSIONS such as changing the training programs, may contribute to improvement of motor effects. SUMMARY OF THE RESULTS. CONCLUSIONS Analyzing the results and the available literature, following conclusions may be noted: 1.

2.

3.

Regular training with load (except from isolated exercises) positively influences development of individual motor skills. Properly designed training, level of which is relatively close to the structure of movement and kind of the effort, and selection of exercises, which develops groups of muscles associated to specialization, lead to improvement of effectiveness of performing motion tasks within the sport discipline trained, in this specific case the combat sport – kickboxing. Increase of effectiveness of the training designed for antiterrorists and people, who trains combat sport is possible only through applying various training stimulus and optimized (within scientifically tested and confirmed in scientific experiments) method based on manipulating the intensity and volume of work-out by the trainer.

REFERENCES 1. Ambroży T. 2007: W poszukiwaniu związków treningu obwodowego z prozdrowotną aktywnością fizyczną. Annales Medicina Wydawnictwo UMCS, Lublin. 2. Andersson E.A., Nilsson J., Ma Z., Thorstensson A. 1997: Abdominal and hip flexor muscle activation during various training exercises. European Journal Of Applied Physiology And Occupational Physiology 75(2): 115-123. 3. Beachle T.R., Earle R.W. 2008: Essentials of Strength Training and Conditioning. Physiotherapy 83(1): 653.

students. American Journal of Human Biology 4(3): 301311.

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4. Bourne N., Todd J., Todd T. 2002: The Cold War’s Impact on the Evolution of Training Theory in Boxing. The Journal of Physical Culture 7 (2-3): 26-30. 5. Brentano M.A., Cadore E.L., Da Silva E.M., Ambrosini A.B., Coertjens M., Petkowicz R., Viero I., Kruel L.F.M. 2008 : Physiological adaptations to strength and circuit training in postmenopausal women with bone loss. The Journal of Strength & Conditioning Research 22(6): 1816-1825. 6. Chtara M., Chaouachi A., Levin G.T., Chaouachi M., Amri M., Laursen P.B. 2008: Effect of concurrent endurance and circuit resistance training sequence on muscular strength and power development. The Journal of Strength & Conditioning Research 22(4): 1037-1045. 7. Claessens A.L., Lefevre J. 1992: Secular trends in somatic and motor characteristics of physical education students. American Journal of Human Biology 4(3): 301-311. 8. Deane R.S., Chow J.W., Tillman M.D., Fournier K.A. 2005: Effects of hip flexor training on sprint, shuttle run, and vertical jump performance. The Journal of Strength & Conditioning Research 19(3): 615-621. 9. Ebben W.P., Blackard D.G. 1997: Developing a Strength-Power Program for Amateur Boxers. Journal of Strength and Conditioning Resarch 19(1): 42-51. 10. Escamilla R.F., Lewis C., Bell D., Bramblet G., Daffron J., Lambert S., Pecson A., Imamura R., Paulos L., Andrews J.R. 2010: Core muscle activation during Swiss ball and traditional abdominal exercises. The Journal of orthopaedic and sports physical therapy 40(5): 539-541. 11. Gosh A.K. 2010: Heart rate, Oxygen Consumption and Blood Lactate Responses during Specific Training in Amateur Boxing. International Journal of Applied Sports Sciences 22(1): 1-12. 12. Heitkamp C.H., Horstmann T., Mayer F., Weller J., Dickhuth H.H. 2001: Gain in strength and muscular balance after balance training. International Journal of Sports Medicine 22(4): 285- 290. 13. Laforest S., St-Pierre M.D., Cyr J., Gayton D. 1990: Effects of age and regular exercise on 81


Tadeusz Ambroży, Juliusz Piwowarski, Mateusz Nowak DISPOSITIONAL GROUP AND A SPECIAL FITNESS muscle strength and endurance. European journal of applied physiology and occupational physiology 60(2): 104-111. 14. Liebenson C. 2003: Functional abdominal training. Journal of Bodywork and Movement Therapies 7(2): 101-103. 15. MacDougall J.D., Elder G.C.B., Sale D.G., Moroz J.R., Sutton J.R. 1980: Effects of strength training and immobilization on human muscle fibres. European Journal of Applied Physiology 43(1): 25-34. 16. Matthews M., Comfort P. 2008: Applying Complex Training Principles to Boxing: A Practical Approach. Journal of Strength and Conditioning Resarch 30(5): 12-15. 17. Matwiejew L. 1967: O problemach teorii i metodyki treningu sportowego. Sport Wyczynowy 8(46): 21-26. 18. Morissey M.C., Harman E.A., Frykman P.N., Han K.H. 1998: Early phase differential effects of slow and fast barbell squat training. The American Journal of Sports Medicine 26(2): 221-230. 19. Munn J., Herbert R.D., Hancock M.J., GandeviaS.C. 2005: Resistance training for strength: effect of number of sets and contraction speed. Medicine & Science in Sports & Exercise 37(9): 1622-1626.

20. Nikiforow J.B., Wiktorow I.B. 1974: Metody treningowe w boksie. Sport Wyczynowy 9(117): 23-26. 21. Nowak T. 2004: Boks technika, metodyka nauczania. Wydawnictwo AWF Warszawa. 22. Pate R.R., Branch J.D. 1992: Training for endurance sport. Medicine & Science in Sports & Exercise 24(9): 340-343 23. Scholich M. 1986: Circuit training. Wydwanictwo SportVerlag, Berlin. 24. Sterkowicz K. 2003: Testowanie sprawności specjalnej w Ju-Jitsu sportowym. [w:] Sterkowicz S., Ambroży T.(red.): Ju-Jitsu sportowe: proces szkolenia (podręcznik trenera). Wydawnictwo Europan Association for Security, Kraków. 25. 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): 13271330. 26. Taipale R.S., Mikkola J., Nummela A., Vesterinen V., Capostagno B., Walker S., Gitonga D., Kreamer W.J., Häkkinen K. 2010: Strength training in endurance runners. International Journal of Sports Medicine 31(7): 468-476.

AUTHORS Professor Tadeusz Ambroży, PhD Sport Institute – University School of Physical Education, Cracow. Juliusz Piwowarski, PhD – rector and lecturer of School of Higher Education In Public and Individual Security „Apeiron” In Cracow. Mateusz Nowak, PhD in physical education, a specialist in motor preparation of athletes, personal trainer, lecturer on specialist courses.

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SECURITY DIMENSIONS

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THE FOUNDATIONS OF LAW AND SECURITY CULTURE IN JAPAN Andrzej Czop, Marek Sokołowski

ABSTRACT The paper shows the crucial elements of the Japanese spirit of law and security culture. Since the 1950s, the USA and European countries have witnessed global expansion and huge popularity of the phenomenon of Budō (Far-Eastern martial arts). The rules and traditions of martial arts favorably influence the field of security culture. For instance, The Seventeen-Article Constitution proposed ethical principles whose purpose was to ensure the security of the state and its residents. This document, coined by prince Shōtoku in 604, was based on both

Confucianist and Buddhist teachings, which by that time were well rooted in Japan. The Constitution included a principle stating that each person was part of a group, and should live in harmony with other members of the society. Most importantly, the documents instructed that morality should precede law. This notion is very close to the idea of natural law that should be the basis for statutory law. The Articles are also considered to be the first Japanese constitution.

KEYWORDS morality, law, security, security culture, public service The purpose of this paper is to discuss the oldest Japanese moral, ethical, philosophical, religious, legal and political factors that have impinged on the issues of security and defense and are still influential in the Land of the Rising Sun. These factors manifest themselves in the habits of nearly every modern Japanese and whole social groups in which the descendants of the samurai live and work. These elements emerged at an early stage of the historical process of shaping the statehood of the ancient Yamato.1 Historian, curator of a Japanese museum and expert in traditional martial arts: budo, Fumon Tanaka states that these issues became apparent in the Japanese Archipelago as early as 6th century BC2, mostly in clans that brought together Japanese warriors: mononofu, or the ancestors of the future samurai. In Japan, and probably in other parts of the world also, it is the military ethos is the source of culture of honor3 (in a broad sense of the term), which contributed to a large extent to increasing the level of safety culture in specific tribal, and later state subjects, as well as within public services said subjects

1 Yamato is the ancient name for the Japanese Empire. The word ‘Nippon’ connotes a similar meaning. 2 F. Tanaka, Sztuki walki samurajów, Diamond Books, Bydgoszcz 2005, s. 13. 3 J. Piwowarski, Etos rycerski i jego odmiany w koncepcji Marii Ossowskiej, Apeiron WSBPiI, Kraków 2010.

formed. However, we should note that this phenomenon takes a rather unique shape in Japan. For a Japanese knight – a samurai (or “one who serves”), was a role model for every single inhabitant of the Land of the Rising Sun, regardless of their social class and background. In historical times, the scale of militarization of Yamato’s society was considerable. For this reason, among others, the moral and organizational influence of the army and of the members of its disposable groups was apparent even in ancient times, as early as the 6th century BC, when mononofu warriors had the lead in the battlefields of the islands. This moral strength and its impact on the entire society, the shape of internal policy and the security of the state increased even more when bakufu took the reign in the Empire. Bakufu was a form of military government, headed by shogun. This unique political situation in Japan lasted almost seven hundred years (between the 12th and 19th century). However, the public sphere, the operation of the army, the organization of clerical work, internal policy and mentality of the inhabitants of the ancient Nippon was greatly influenced by an unusual document of great importance to the state: the first constitution of Japan, which was coined as early as 604 AC. The document in question – The Seventeen-article Constitution, was formulated by Shotoku, also known as prince

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Andrzej Czop, Marek Sokołowski THE FOUNDATIONS OF LAW AND SAFETY CULTURE IN JAPAN Umayado4, the regent (kampaku) of Empress Suiko. Kampaku Shotoku supported the popularization of the Buddhist doctrine, as well as the Confucianist concepts of state and law among Japanese elites. He was also “the co-founder of one of bujutsu systems”5, which formed the basis for the perfect training of samurai and constituted an important element of the pedagogical and soteriological concept of karada de oboeru. Literally, karada de oboeru means “learning through one’s whole body”. Bujutsu combat systems and budo martial arts that derive from them are excellent tools of implementing this method of education. Since the 1950s we have witnessed a global expansion of FarEastern martial arts: budo,6 which is especially marked in the US and European countries. This popularity brought about the need for a renewed codification of the principles of budo in the historical context of the 20th century. Hence, the 1987 formulation of the Budo Chart, whose content proves the continuity of tradition throughout the ages: “Budo was developed and perfected based on a fundamental idea that the spirit, the technique and the body remain a unity, for which one strives through treating tradition with considerable gravity, discipline, etiquette and the training of physical strength”7. The positive influence of Far-Eastern martial arts in increasing the level of safety culture is evident worldwide. The expansion of budo gathered incredible momentum after World War II, during the American occupation of the Japanese archipelago. The multifaceted attractiveness of budo, which in the 1970s gained recognition in such countries as (then) Czechoslovakia, Poland, the Soviet Union, Romania, Bulgaria and Hungary, is responsible for the quick, utilitarian adoption of martial arts into the skillset of uniformed forces worldwide: in the US, Western Europe, Australia, Southern America or Africa. Yet budo, besides its unquestionable utility in increasing physical fitness, also carries a great content of deep philosophy and a potential of safety culture that is rooted in it. This potential is based upon the directives 4 Shotoku (574–622) – a regent and a politician on the Japanese imperial court in the Asuka period. 5 J. Piwowarski, Samodoskonalenie i bezpieczeństwo w samurajskim kodeksie Bushido, Collegium Columbinum, Kraków 2011, p. 72 ff. 6 Which is elaborated on by a member of Polish Academy of Sciences, Stanisław Tokarski, who is also an expert in judo and fought more than six hundred fights on the mat. [Tokarski 1987, 1989; Sterkowicz 1998; Ambroży 2004]. 7 W. J. Cynarski, Podglebie japońskich sztuk i sportów walki według von Salderna, „Rocznik Naukowy Idō – Ruch dla Kultury” 2000, T. 1, p. 88.

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for self-improvement and perfect cooperation within a collective, so it can be very useful in shaping and managing security systems not only in those countries that currently undergo a process of dynamic social and institutional change. Japanese models may offer inspiration for the revitalization and intensification of what has needlessly withered and become routine in our own system of values8. One of the symptomatic features of the tradition that underlies Japanese safety culture were the very first legal acts to appear on the Japanese archipelago which constituted the Empire. In 604 AC prince Shotoku, the regent of Empress Suiko, on behalf of the monarch released a fundamental law entitled The Seventeen-Article Constitution (Jushichi-jo kempo)9. It was drafted by himself and by a team of experts who assisted him, among others, by Buddhist monks. It was the first compilation of legal provisions of this magnitude and served as a fundamental guideline for officials of the Japanese Empire. At the same time, this “Pre-Constitution” proclaimed a system of values that would govern the subjects of the Japanese ruler, for it was assumed that officials were obliged to shape proper attitudes in all imperial subjects. One of the objectives Prince Shotoku placed before himself and his Seventeen-Article Constitution was the implementation rules that, if observed, would ensure the security of the state and its inhabitants. The groundwork of Jushichi-jo kempo was largely inspired by Buddhism, which at that time had already managed to take roots in Empress Suiko’s state under regent Shotoku’s rule. This document was also influenced by Confucianist teachings, which in China had already been widespread, alongside Buddhism, for a thousand years; however, it was slower to be incorporated into Japanese culture, even though it made an appearance on the archipelago as early as the 3rd century AC. Similarly to its Buddhist and Confucianist sources, this earliest Japanese constitution placed morality as a manifestation of natural law over employing punishment and sanctions typical of statutory law. It contained guidelines aimed at spiritual growth and shaping appropriate ethical attitudes in man, who, should he follow them, would become a good, reliable clerk, ably building safety culture of the state. L. F. Korzeniowski, J. Piwowarski, Przydatność dalekowschodnich koncepcji filozofii i kultury bezpieczeństwa dla polskich służb mundurowych, [in:] Nauka o bezpieczeństwie. Istota, przedmiot badań i kierunki rozwoju, L. Grochowski, A. Letkiewicz, A. Misiuk (ed.), Uniwersytet Warmińsko-Mazurski, Wyższa Szkoła Policji, Szczytno 2011. 9 J. Piwowarski, op. cit, p. 125.

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SECURITY DIMENSIONS Shotoku’s Articles are also the foundations for the introduction of a central government shaped after Chinese models. Let us underline the fact that The Seventeen-Article Constitution contains a very clear message that morality should precede law, if the latter is to be applied properly, that is in accordance with the teachings of Gautama Buddha and Confucius. There is no doubt that centuries-old ethical code of conduct of samurai: Bushido, is rooted, among others, in the philosophy that defined the ethical culture comprised within The Seventeen-Article Constitution. This is where was coined the set of virtues essential for those governing on the Emperor’s behalf to achieve and cultivate. Those principles were crystallized by the later, military administration of Japan: the shogunate, into the socalled Eight Virtues of the Samurai10. 1. Gi. Integrity that breeds wisdom, justice, ethos, and lawfulness. 2. Yusha. Bravery that is essential not only in fight, but also oftentimes in order to be honest. 3. Jin. Kindness toward all people that build culture of trust and helps maintain impartiality. 4. Reigi. Respect that build good customs and supports the growth which stems from natural hierarchy. 5. Makoto. Sincerity that is conducive to trust and safety culture and helps build social capital. 6. Chugi, Meiyo. Loyalty and honor as solid pillars of social capital of the entire nation and local communities, foundations of safety culture. 7. Ko. Familial piety as a basic and crucial school of higher feelings, social consciousness and morality in the broad sense of the term that is contained within all the aforementioned Virtues of Bushido. 8. Kokki. Self-control, especially crucial to people equipped with prerogative powers and great abilities connected to armament and military training. The Eight Virtues of the Samurai are both a creative expansion and a synthesis of the writings pertaining to the philosophy of law and safety culture in the shape Ibidem; idem, Siedem cnót Bushido, „Zeszyt Problemowy. Nauka – Praktyka – Refleksje”, Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie, no. 5, s. 9–19. 10

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which first emerged from the concept of law affirmed at the dawn of the 7th century by Prince Shotoku. The Meiji period, which began at the turn of 1867 and 1878, proved to be a breakthrough period in the history of Japanese statehood and legislation. At this time, modernization of enormous proportions was implemented. In 1893, a new Civil Code came into force. It was coined to suit the needs of the Japanese people, but patterned on the French code. Interestingly, this modern legal act was formulated with the help from a European, which in Japan of that period was something of an oddity. It was elaborated by Gustave E. Boissonade (1825–1910), a notable Parisian lawyer. He was an enthusiast, as was Hugo Grotius (1583–1645), of applying the rules of natural law in as broad a range as possible as natural law manifested itself in the high level of ethical culture11. Natural law is based on the conviction that there are certain immutable, superior, even absolute laws. This belief of Gustave Boissonade was rooted in the legal concepts of the enlightenment era and, which is extremely important in this situation, was very close to Japanese mentality; the mentality that assigned primacy to integrity (morality) over the implementation of provisions of statutory law, and revered the ideal of nobility. A scholar studying martial arts, Wojciech Cynarski notes: “nobility in the 21st century has a different dimension and meaning than it did in the ancient or feudal times. For nowadays nobility is not inherited. A knight of today is an aristocrat of the spirit, a person seeking knowledge, wisdom and higher values, a man observing the rules of normative ethics”12. This intellectual and ideological closeness should be underlined as it is evidence that despite superficial cultural differences, people of various – Western and Eastern – cultural circles share the same foundation of natural law. In a way, the so-called Radbruch formula reminds about that. Gustav Radbruch, a German theoretician of law emphasized the fundamental and overriding meaning of natural law toward statutory law from the point of view of 20thcentury’s painful experiences13. 11 J. Piwowarski, Samodoskonalenie i bezpieczeństwo w samurajskim kodeksie Bushido, Collegium Columbinum, Kraków 2011, p. 62-63. 12 W. J. Cynarski, Sztuki walki IDŌ: IDŌKAN [IDŌ Martial Arts: IDŌKAN. In Polish], SIP, Rzeszów 2009, 77. 13 Cf.: G. Radbruch, Ustawowe bezprawie i ponadustawowe prawo, [in:] Zarys filozofii prawa, M. Szyszkowska (ed.), Temida 2, Białystok 2000; J. Zajadło, Formuła Radbrucha. Filozofia prawa na granicy pozytywizmu prawniczego, Arche, Gdańsk 2001; idem, Dziedzictwo przeszłości. Gustaw Radbruch. Portret filozofa, prawnika, polityka i humanisty Arche, Gdańsk 2007.

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Andrzej Czop, Marek Sokołowski THE FOUNDATIONS OF LAW AND SAFETY CULTURE IN JAPAN The Seventeen-Article Constitution and the influence of its spirit in Japanese culture to a large extent facilitated the reception of the prominent advocate for ius naturale and notable French legislator’ idea. Gustav Boissonade spent a long, industrious time in the Empire, working as an expert for the Japanese Ministry of Justice (1873–1895). His example shows that in spite of seemingly insuperable differences and geographical distance, in the pursuit of the optimal ways of achieving morality, lawfulness and security, what binds us together is far greater than what divides us.

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6.

Ambroży T. (2004), Trening holistyczny – metodą kompleksowej uprawy ciała [Holistic Training through Comprehensive Cultivation of the Body. In Polish], EAS, Kraków. Cynarski W. J. (2000), Podglebie japońskich sztuk i sportów walki według von Salderna [The groundwork of Japanese martial arts and combat sports according to von Saldern. In Polish], „Rocznik Naukowy Idō – Ruch dla Kultury”, T. 1. Cynarski W. J. (2009), Sztuki walki IDŌ: IDŌKAN [IDŌ Martial Arts: IDŌKAN. In Polish], SIP, Rzeszów. Korzeniowski L. F., Piwowarski J. (2011), Przydatność dalekowschodnich koncepcji filozofii i kultury bezpieczeństwa dla polskich służb mundurowych [The usefullness of Far-Eastern concepts of philosophy and security in Polish uniformed forces. In Polish], [in:] Nauka o bezpieczeństwie. Istota, przedmiot badań i kierunki rozwoju, L. Grochowski, A. Letkiewicz, A. Misiuk (ed.), Uniwersytet WarmińskoMazurski, Wyższa Szkoła Policji, Szczytno. Piwowarski J. (2010), Etos rycerski i jego odmiany w koncepcji Marii Ossowskiej [Knightly ethos and its versions in the concept of Maria Ossowska. In Polish], Apeiron WSBPiI, Kraków 2010. Piwowarski J. (2011), Etyka administracji i jej źródła [Ethics in administration and its sources. In Polish], Wydawnictwo WSBPI „Apeiron” w Krakowie, Kraków.

7. Piwowarski J. (2011), Samodoskonalenie i bezpieczeństwo w samurajskim kodeksie Bushido [Self-improvement and security in the samurai Bushido code. In Polish], Collegium Columbinum, Kraków. 8. Piwowarski J. (2011), Samurajska tradycja w zarządzaniu kryzysowym [Samurai tradition in crisis management. In Polish], [in:] Riešenie krizových situácií v špecifickom prostredí, Wydawnictwo Uniwersytetu w Żylinie, Żylina. 9. Piwowarski J. (2011), Siedem cnót Bushido [The seven virtues of Bushido. In Polish], „Zeszyt Problemowy. Nauka – Praktyka – Refleksje”, Wyższa Szkoła Bezpieczeństwa Publicznego i Indywidualnego „Apeiron” w Krakowie, no. 5, s. 9–19. 10. Radbruch G. (2000), Ustawowe bezprawie i ponadustawowe prawo [Statutory and overstatutory law. In Polish], [in:] Zarys filozofii prawa, M. Szyszkowska (ed.), Temida 2, Białystok. 11. Sterkowicz S. (1998), Ju-jitsu. Wybrane aspekty walki obronnej [Ju-jitsu. Selected aspects of defensive combat. In Polish], Wydawnictwo AWF, Kraków. 12. Tanaka F. (2005), Sztuki walki samurajów, Diamond Books, Bydgoszcz. [2003, Samurai Fighting Arts: The Spirit and the Practice, Kodansha USA.] 13. Tokarski S. (1989), Sztuki Walki. Ruchowe formy ekspresji filozofii Wschodu [Martial Arts. Expressing the philosophy of the East in motion. In Polish], Wydawnictwo Glob, Szczecin. 14. Tokarski S. (1987), Jogini i wspólnoty. Nowoczesna recepcja hinduizmu [Yogis and communities. A modern concept of Hinduism. In Polish], Wydawnictwo PAN, Wrocław. 15. Zajadło J. (2001), Formuła Radbrucha. Filozofia prawa na granicy pozytywizmu prawniczego [The Radbruch formula. Philosophy of law on the brink of legal positivism. In Polish], Arche, Gdańsk. 16. Zajadło J. (2007), Dziedzictwo przeszłości. Gustaw Radbruch. Portret filozofa, prawnika, polityka i humanisty [Heritage of the past. A portrait of a philosopher, lawyer, politician and humanist. In Polish], Arche, Gdańsk.

AUTHORS Andrzej Czop, MA – PhD Candidate in Police Academy in Szczytno. Lecturer in School of Higher Education in Public and Individual Security “Apeiron” Marek Sokołowski, MA – Lecturer in School of Higher Education in Public and Individual Security “Apeiron”.

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Stanislav Dadelo EVALUATION OF COMPETENCES POSSESSED BY SECURITY GUARDS‌

EVALUATION OF COMPETENCES POSSESSED BY SECURITY GUARDS EMPLOYED BY PRIVATE SECURITY Stanislav Dadelo

ABSTRACT The present article provides research data elicited from the leading managers (experts) of a private security concerning the evaluation of competences. The article offers classifications of the security guard competences and an algorithm for the computation of the level of their

importance. The findings show the distribution of competences falling into the categories of very important, important, and slightly important competences. Investigation into the correlation of findings indicates that the system for the evaluation of security guards competences ought to be characterised by a larger number of indices under evaluation.

KEYWORDS internal evaluation, external evaluation

INTRODUCTION EU private security sector employs millions of people, and this index rises steadily1. Private security is a dominant factor of public security in the world, (the ratio of the private security sector employees to the governmental criminal service officers is about 2:1)2. The tendencies of economic development foresee the growth of public threats and dangers3 as well as further development of private security. It is envisaged that over the coming 10 years the demand for working places in the USA private security sector will increase by 15% which is a much higher growth rate compared to the overall rise in working places in the total USA economy4.

J. van Dijk The world of crime. Los Angeles, CA: Sage Publications, 2008. 2 C. Dixson, Growth in the use of private security providers. Human Rights and Business Dilemmas Forum, 2011. Retrieved from: http://human-rightsforum.maplecroft.com/showthread.php?5124-Growth-in-theuse-of-private-security-providers&p=16431 3 L. F. Korzeniowski, Securitology. A security science of human beings and social organizations. EAS. KrakĂłw, 2008. 4 Bureau of Justice Statistics. Census of state and federal correctional federal correctional facilities, 2005. Washington,

1

Specific personnel management targets are formed in the security. Personnel selection and deployment at essential positions (selection) is appraised as a key factor affecting the security, stability and development of performance in business5. The personnel selection procedure concentrates on the study and evaluation of potentialities, competences and personal properties of candidates (human recourse). The security staff evaluation procedure demands identification and determination of values of weights of specific personal criteria required for occupying a definite position at work6. It is necessary to create universal algorithms for the

DC: Office of Justice Programs, U.S. Department of Justice 2008. 5 B. Garland, N. L. Hogan, T. Kelley, B. Kim, E. G. Lambert To Be or Not to Be Committed: The Effects of Continuance and Affective Commitment on Absenteeism and Turnover Intent among Private Prison Personnel. Journal of Applied Security Research, 2013, 8(1). p. 1-23. 6 S. Dadelo, Z. Turskis, E. K. Zavadskas, R. Dadeliene, Multiple criteria assessment of elite security personal on the basis of ARAS and expert methods. Journal of economic computation and economic cybernetics studies and research, 2012, 48(4). p. 1-23.

87


SECURITY DIMENSIONS staff selection7. The currently operated personnel selection and evaluation systems are usually oriented to the reduction of business costs in order to optimize the planning of the demand for and the distribution of staff8. In the area of security this idea is implemented by classifying objects by their importance and risk as well as by identifying the staff selection criteria and determining their values. Relatively, the private security objects may be divided by security measures applied by them and the character of values entrusted to them: 1) observation; 2) non-armed guard; 3) armed guard; 4) personal guard9. An urgent task is to search for factors affecting the efficaciousness of security guards‘professional performance. Identification of the values of weights of security guards‘professional performance will serve as a basis for the optimization of employee evaluation and selection for carrying out tasks differing in terms of complexity and character, and for the generation of algorithms of the security guard selection procedures10. The process of private security staff selection ought to direct the evaluation of properties possessed by a security guard in two directions: external (evaluation by a direct superior) and internal (personal abilities and properties)11. This process requires defining key competences of security workers and rating them depending on work aims. However, evaluation and decisions taken by a single person are less correct than those made collectively with the difference between the two amounting to 26%12 and finding mathematically evaluated existing

weighting factors, because there is no method able to effectively assess the optimal combination of the dynamic properties of the system. It is clear that all players rated indicators have different effects on their performance. However, there are no objective methods; arrows of weight and expert assessment of the methods used can be considered subjective but based on objective methods. The purpose of study: determination of the values of weights and importance of competences possessed by private security staff. METHODS Research subject: Leader managers (experts) of G4S Lietuva (n=22) with not less than 10 years of service at private security structures involving execution and organisation of security. Research object: Security guards competences. Description of the notion of competences depends on the area, subject and specific character of research13. When appraising professional performance of a security guard, competences ought to be understood as external and internal factors affecting the efficaciousness of professional performance, and generated by the security guard‘s personality. Security guards internal evaluation (x): the data received were classified into six groups of competences (variables) regarding the features analysed14 (Table 1): 1. Theoretical and practical preparation (x1): knowledge, skills, abilities, practical experience–acquired throughout life; 2. Professional activity (x2): carrying out required tasks; 3. Mental qualities (x3): individual psychical qualities vital for performance of professional activities; 4. Physical development (x4): morphological indications of a body; 5. Motor abilities (x5): personal physical conditions allowing carrying out physical

7

P. Brucker, R. Qu, E. Burke, Personnel scheduling: Models and complexity. European Journal of Operational Research, 2011, 210. p. 467-473. 8 J. van den Bergh, J. Belien, P. De Bruecker, E. Demeulemeester, L. De Boeck Personnel scheduling: A literature review. European Journal of Operational Research, 2013, 226. p. 367-385. 9 Z. T. Nowicki, Ochrona osób i mienia. TNOiK, Toruń, 1999. 10 S. Dadelo, Z. Turskis, E. K. Zavadskas, R. Dadeliene Integrated multi-criteria decision making model based on wisdom-of-crowds principle for selection of the group of elite security guards. Archives of Budo, 2013, 2(9). p. 135-147. 11 Dadelo S. Czynniki determinujące kompetencje pracowników ochrony na Litwie. AWF Warszawa-Vilnius. 2005. 12 J. Surowiecki, The Wisdom of Crowds. New York. Doubleday. 2004.

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10

B. A. Sypniewska, Kompetencje a kwalifikacje i umiejętności. Studia i Materiały. Miscellanea Oeconomicae, 2009, 2(13). p. 83-90. 14 S. Dadelo, op.cit.

13


Stanislav Dadelo EVALUATION OF COMPETENCES POSSESSED BY SECURITY GUARDS… tasks at work or home, during leisure, and reflecting the level of physical qualities; 6. Fighting efficiency (x6): a set of physical and mental qualities influencing the ability to effectively carry out actions fighting an adversary in direct contact. Security guards external evaluation (y): factors selected based on A. Sakalas (2003) modified methodology (Table 1)15. They have been assessed on nine criteria that could affect security guards professional competences: 1. Specialty knowledge, professionalism (y1): versatility, knowledge about their and related occupations; 2. Diligence and positive attitude to work (y2): activeness, responsibility, discipline, zeal, vocation to work; 3. Behaviour with colleagues and supervisors (y3): the ability to cooperate and work in a team; 4. Reliability at work (y4): ability and willingness to perform tasks independently; 5. Quality of work (y5): the ability to avoid mistakes; 6. Workload performance (y6): the ability to carry out the maximum amount of work; 7. Image (y7): the self-representational skills (exterior, posture, language culture); 8. Development rate (y8): the ability to quickly adapt to new requirements and new working conditions; 9. Being promising (y9): potential for career. Determination of criteria weights by expert. The expert judgment method was used to determine criteria weights. The algorithm of criteria weight establishment and process of calculation16 is presented in Table 2. Once calculations were performed, criteria weights were established (Table 1). Determination of statistical relation between variables (expert judgement). In order to find relations between variables Pearson linear correlation coefficient (r) was calculated; p<0.05 criterion was chosen for the determination of the reliability of relation. Sakalas A. Personnel management. Vilnius: Margi raštai. 2003. 16 Kendall, M. G. Rank Correlation Methods, Fourth ed., Griffin, London, 1970.

15

RESULTS Research allowed determining the values of internal and external factors affecting the values of competences possessed by security guards. For the analysis of security guards‘ internal evaluation factors (objectively depending on the abilities possessed by a security worker) appraised by experts (Figure 1), they were divided into three groups: 1) Very important (Theoretical and practical preparation (x1) – 0.25; Mental qualities (x3) – 0.21; Motor abilities (x5) – 0.21); 2) Important (Fighting efficiency (x6) – 0.16); Slightly important (Professional activity (x2) – 0.09; Physical development (x4) – 0.09). For the analysis of values of weights of security guards‘ external evaluation factors (subjectively depending on the appraisal given by the security guard‘s superior) (Figure 2), they were also divided into three groups: 1) Very important (Diligence and positive attitude to work (y2) – 0.19; Reliability at work (y4) – 0.17); 2) Important (Quality of work (y5) – 0.14; Specialty knowledge, professionalism (y1) – 0.13; Behaviour with colleagues and supervisors (y3) – 0.13); 3) Slightly important (Image (y7) – 0,08; Workload performance (y6) – 0.07; Development rate (y8) – 0.06; Being promising (y9) – 0,03). Following the computation of correlations of factors evaluated by experts (Table 3), we determined factors having the greatest and the most frequent relations with other factors. These data allow us to determine universal factors reflecting generally the competences of a security guard. Appraisal of the security guards internal evaluation factors shows that Fighting efficiency (x6) has the biggest number of reliable (p<0.05) relations. However, this factor is negatively related with Theoretical and practical preparation (x1) (r= –0.511), with Professional activity (x2) (r= –0.594) and with Mental qualities (x3) (r= –0.594). This indicates exceptional character and importance of this factor in the security guards’ professional performance. Appraisal of the security guards‘external evaluation factors provides dispersion of relations, with the dominance of negative relations. Image (y7) and Quality of work (y5) as well as Workload performance (y6) and Being promising (y9) are marked for the abundance of reliable (p<0.05) relations with other 89


SECURITY DIMENSIONS expert evaluation factor indices. Analysis of relations between the indices of internal and external evaluation shows that Motor abilities (x5) and Development rate (y8) factors are marked ones. DISCUSSION With the globalization processes gaining speed all over the world, discussion about particular professional requirements to be met by people working in the private security sector are becoming more and more intensive17. A security guard accounts for the success of a private security, the quality of services offered, the clients‘or other persons‘confidence in private security structures and, most important, and the security of society18. Inquiry into the legislation of different states shows that most often the states provide only the minimum requirements (age, good health, basic training, and the absence of previous conviction record) for persons wishing to engage in the private security activities. Laws regulating the work of private security enterprises do not prescribe separately the requirements binding on a leading manager or a security guard of a private security. Private security enterprises have to create professional standards and employment procedures applicable to common and elite workers19. Research carried out by authors indicates that workers employed by private security enterprises ought to meet high requirements: the workers must be very knowledgeable about legislation, technology, physiology, etc., their physical and mental condition must be good, they must be given favourable conditions for the development and refreshment of acquired knowledge and skills which enables their adaptation to the ever-

R. van Steden, Citizen satisfaction with private security guards in the Netherlands: Perceptions of an ambiguous occupation. European Journal of Criminology, 2010, 3(7). p. 214-234. 18 T. Prenzler, Policing and security in practice: challenges and achievements. Crime prevention and security management. Houndmills, Basingstoke, Hampshire; New York: Palgrave Macmillan, 2012. 19 Barnes D. M. Should Private Security Companies be Employed for Counterinsurgency Operations? Journal of Military Ethics, 2013, 3(12). p. 201-224. 17

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changing requirements in the labour market20. Research data allowed determining the values of weights of security guards‘factors affecting their professional performance. Expert judgement ranked the factors as very important, important, and slightly important ones. However, inquiry into the correlation between expert judgements of the indices of examined factors revealed that factors with the greatest values of weights correlate with other factors poorly, and vice versa: factors with smaller values of weights are marked for a great abundance of correlations. This allows assuming that our research has covered only a part of factors affecting professional performance of security guards. Data on factors belonging to a very important group embrace unknown and undefined qualities of a security guard. Future inquiry into the competences possessed by security guards must analyse Theoretical and practical preparation (x1), Mental qualities (x3), Motor abilities (x5), Diligence and positive attitude to work (y2) and Reliability at work (y4) in greater detail and look for their relations with other factors. It is possible to forecast that a system for the evaluation of security guards must be richer in terms of factors; this will enable to appraise their competences more objectively and precisely. It is necessary to develop new methods and systems for the evaluation and distribution of professional competences; these systems and methods must offer a chance to appraise factors which are hard to diagnose or yet unknown. CONCLUSION In Lithuania, like in many countries of the world, unified criteria for the security guards‘evaluation are missing. The algorithm presented here provides landmarks in the creation of a comprehensive and thorough system for the security guards‘evaluation. The research revealed the internal and external principles of security guards‘evaluation. By values of weights, very important, important and slightly important factors affecting the professional performance of a security guard have been determined. The system developed for the security guards‘evaluation 20

R. van Steden and J. de Waard Acting like chameleons’: On the McDonaldization of private security. Security Journal, 2013, 26. p. 294-309.


Stanislav Dadelo EVALUATION OF COMPETENCES POSSESSED BY SECURITY GUARDS… appraises unknown factors, so it is vital to increase the number of factors offered for evaluation and to evaluate their values of weights.

This will allow us to make the security staff evaluation procedure more efficacious.

Table 1. Criteria (competences) x and y components ranks Criteria

x1

x2

x3

x4

x5

x6

y1

y2

y3

y4

y5

y6

y7

y8

y9

1

6

1

5

3

2

4

7

9

4

8

5

3

6

2

1

2

5

2

3

1

6

4

7

9

5

6

8

2

3

4

1

3

5

1

3

2

6

4

5

9

4

6

8

1

7

3

2

4

6

1

5

3

4

2

5

9

7

8

6

3

4

2

1

5

6

1

5

2

3

4

7

9

6

8

5

3

4

2

1

6

5

1

4

2

6

3

5

9

6

8

7

3

4

2

1

7 8

4 6

2 2

3 5

1 3

6 4

5 1

4 6

8 8

5 5

9 9

7 7

2 3

6 4

3 2

1

9

5

4

6

3

2

1

7

9

4

8

6

3

5

1

2

10 11 12

5

4

6

1

2

3

6

7

4

9

8

3

5

2

1

4 6

1 2

3 4

2 1

6 5

5 3

5 6

8 9

6 5

9 7

7 8

2 4

4 3

3 2

1 1

13

6

4

5

1

3

2

5

9

6

8

7

3

4

2

1

14

6

3

5

1

4

2

7

8

6

9

5

4

3

2

1

15 16

4

1

3

2

6

5

5

9

7

8

6

3

2

4

1

4

1

3

2

6

5

7

9

8

6

5

4

2

3

1

17

6

1

4

2

3

5

6

8

7

9

4

5

2

3

1

18

6

3

4

1

5

2

6

9

8

7

4

5

2

3

1

19

4

1

5

2

6

3

4

9

8

6

7

1

5

3

2

20 21

6 5

2 2

4 6

1 3

5 4

3 1

5 6

9 8

6 7

7 9

8 5

3 4

4 3

2 2

1

22

4

1

6

3

2

5

6

9

7

8

5

4

2

3

1

114

41

97

42

96

72

127

190

131

172

138

68

84

55

25

Expert

∑∑ Average Attribute rank Attribute weight

462

1

1

990

5.182

1.864

4.409

1.909

4.364

3.273

5.773

8.636

5.955

7.818

6.273

3.091

3.818

2.500

1.136

1

5

2

6

3

4

5

1

4

2

3

7

6

8

9

0.247

0.089

0.210

0.091

0.208

0.156

0.128

0.192

0.132

0.174

0.139

0.069

0.085

0.056

0.025

91


SECURITY DIMENSIONS

10

Table 2. The expert judgment method (Kendall, 1970) r — number of experts, n — number of criteria considered, j = 1, n; k = 1, r ; r ³ 7

Determining criteria weights Interviewing the highly skilled experts

tjk — jth criterion rank given by kth expert r

Sum of ranks for each criterion

t j = åk =1 t jk

Average criterion rank

tj =

Criterion weight

wj =

r

å

t

k =1 jk

r tj n

å

t

j =1 j

2

r

s2 =

Dispersion of experts ranking values Variation

1 å(t - t ) r -1 k =1 jk j s bj = tj

1 n r V = åj =1 åk =1t jk r

Ranking sum average

n

(

r

S = åj =1 åk =1 t jk - V

The total square ranking deviation The coefficient of concordance ( W ³ 0.5 )

W=

12S r 2 n3 - n

(

)

2

)

where 1 r T = 0 12S k , n -1 å k =1 1 r T rn(n + 1) å n -1 k =1 k

The significance of the concordance coefficient (no related ranks) ca2,v

ca2,v =

2 when Rank of table concordance ctbl the importance equal to 1%

The freedom degrees value of a solved problem 2 v = n - 1 ; ctbl = form statistical table 2 2 If ca ,v f ctbl — The hypothesis about the consent of

Compatibility of expert judgment

experts in rankings is accepted

Table 3. Correlations between the ranks of security guards criteria (competences) x1 x 2

x 3

x 4

x 5

x 6

y 1

y 2

y 3

y 4

y 5

y 6

y 7

y 8

y 9

x2

x3

x5

x6

y1

y2

y3

y4

y5

y6

y7

y8

0.315 0.521 *

0.086

0.281 0.271

0.413

-0.109

-0.385

-0.408

-0.397

0.511*

0.423

0.594*

0.813* 0.594*

0.353 0.147

0.334

0.196

0.270

0.156

0.476*

0.122

0.045

-0.305

-0.201

0.124

0.200

0.069

0.015

-0.198

-0.336

-0.081

0.041

0.281

0.104

-0.192

0.221

0.153 0.039 0.148 0.089 0.678 * 0.171

0.002

0.713*

-0.166

0.428*

-0.047

0.525*

-0.250

0.479*

-0.097

0.376

0.300

0.681*

-0.302

-0.080

0.680*

-0.022

0.495*

0.737*

-0.228

0.112

0.361

-0.353

0.000

-0.185

-0.181

0.256

-0.190

0.428*

0.219

0.541*

0.273

0.141

0.221

0.379

0.193

0.456*

-0.132

0.154

-0.241

0.367

0.358

0.402

0.175

0.259

0.015

-0.394

-0.011

0.075

0.045

0.067

-0.032

0.529*

0.444*

0.674*

0.241

0.576*

-0.249

0.055

0.095

0.210

0.078

Note: * - p<0,05

92

x4


Stanislav Dadelo EVALUATION OF COMPETENCES POSSESSED BY SECURITY GUARDSâ&#x20AC;Ś 0.25 0.21

0.21 0.16 0.09

0.09

Figure 1. Internal evaluation criteria weights of security guards

0.19 0.13

0.17

0.13

0.14 0.07

0.08 0.06 0.03

Figure 2. External evaluation criteria weights of security guards

REFERENCES 1. van Dijk J. The world of crime. Los Angeles, CA: Sage Publications, 2008. 2. Dixson, C. Growth in the use of private security providers. Human Rights and Business Dilemmas Forum, 2011. Retrieved from: http://human-rightsforum.maplecroft.com/showthread.php?5124Growth-in-the-use-of-private-securityproviders&p=16431 3. Korzeniowski L. F. Securitology. A security science of human beings and social organizations. EAS. KrakĂłw, 2008.

4. Bureau of Justice Statistics. Census of state and federal correctional federal correctional facilities, 2005. Washington, DC: Office of Justice Programs, U.S. Department of Justice 2008. 5. Garland B., Hogan N. L., Kelley T., Kim B., Lambert E. G. To Be or Not to Be Committed: The Effects of Continuance and Affective Commitment on Absenteeism and Turnover Intent among Private Prison Personnel. Journal of Applied Security Research, 2013, 8(1). p. 1-23.

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SECURITY DIMENSIONS 6. Dadelo S., Turskis Z., Zavadskas E. K., Dadeliene R. Multiple criteria assessment of elite security personal on the basis of ARAS and expert methods. Journal of economic computation and economic cybernetics studies and research, 2012, 48(4). p. 1-23. 7. Brucker P., Qu R., Burke, E. Personnel scheduling: Models and complexity. European Journal of Operational Research, 2011, 210. p. 467-473. 8. van den Bergh J., Belien J., De Bruecker P., Demeulemeester E., De Boeck L. Personnel scheduling: A literature review. European Journal of Operational Research, 2013, 226. p. 367-385. 9. Nowicki Z. T. Ochrona osób i mienia. TNOiK, Torun, 1999. 10. Dadelo S., Turskis Z., Zavadskas E. K., Dadeliene R. Integrated multi-criteria decision making model based on wisdom-of-crowds principle for selection of the group of elite security guards. Archives of Budo, 2013, 2(9). p. 135-147. 11. Dadelo S. Czynniki determinujące kompetencje pracowników ochrony na Litwie. AWF Warszawa-Vilnius. 2005.

12. Surowiecki J. The Wisdom of Crowds. New York. Doubleday. 2004. 13. Sypniewska B. A. Kompetencje a kwalifikacje i umiejętności. Studia i Materiały. Miscellanea Oeconomicae, 2009, 2(13). p. 83-90. 14. Sakalas A. Personnel management. Vilnius: Margi raštai. 2003. 15. Kendall, M. G. Rank Correlation Methods, Fourth ed., Griffin, London, 1970. 16. van Steden, R. Citizen satisfaction with private security guards in the Netherlands: Perceptions of an ambiguous occupation. European Journal of Criminology, 2010, 3(7). p. 214-234. 17. Prenzler T. Policing and security in practice: challenges and achievements. Crime prevention and security management. Houndmills, Basingstoke, Hampshire; New York: Palgrave Macmillan, 2012. 18. Barnes D. M. Should Private Security Companies be Employed for Counterinsurgency Operations? Journal of Military Ethics, 2013, 3(12). p. 201-224. 19. van Steden R. and de Waard J. Acting like chameleons’: On the McDonaldization of private security. Security Journal, 2013, 26. p. 294-309.

AUTHOR Stanislav Dadelo, Prof. PhD. – lecturer of Vilnius Gediminas Technical University in Physical Education Cathedra.

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TO WHAT EXTENT PRIVATE MILITARY CORPORATIONS HAVE INTERNATIONAL LEGAL PERSONALITY? Kaja Kowalczewska

ABSTRACT The ongoing growth of multinational enterprises puts the traditional perception of subjects of international law into question. Setting the private miliatry contractors industry for a background, the article presents the current state of law, with a special focus on the possibility to confer

international legal capacity and legal capacity to act on legal entities of domestic law. The analysis is based on the abundant framework of nonbinding regulations targeting multinational enterprises coupled with the emerging need to make international corporate responsibility more effective.

KEYWORDS international legal personality, private military corporations, multinational enterprises, human rights & business

INTRODUCTION The concept of international legal personality is as basic and disputable an issue as the mere definition of public international law. Given the abscence of international customary or conventional norm providing for the comprehensive definition of international legal personality1, the doctrine has elaborated several approaches regulating this question. Therefore, we can find the most conservative academics claiming that only state actors can be taken into account2, more progressive ones, including international intergovernmental organisations, and finally transnational theories encompassing multinational enterprises as well as individuals. The latter one is split between those requiring the entity to have legal capacity3 and those requiring legal capacity together with capacity to act4. Such classification is gradually evolving according to the principle of efficiency, one of the fundamental 1

2 3

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A. Klafkowski, Prawo międzynarodowe publiczne, Warszawa 1979, s.133. Ibid. W. Góralczyk, S. Sawicki, Prawo międznarodowe publiczne w zarysie, Warszawa 2009, s. 118. R. Bierzanek, J. Simonides, Prawo międznarodowe publiczne, Warszawa 2005, s.117.

pillars of international law, entailing the need of legal norms to appropriately reflect the reality of international relations. As a result of the development of the law of international organisations over the 20th century the legal personality of those actors is no longer challenged. However, regarding the transnational theory, encompassing multinational enterprises and individuals, controversies still arise. In this article, the authour seeks to establish whether in the current state of international law international legal personality can be conferred onto multinational enterprises. The ongoing growth of the private military corporation (PMC) industry, induced by the ongoing controversial privatisation of wars and the progressing outsourcing of military prerogatives of states, will serve as the background forming the theorethical debate on this matter. CONCEPT OF INTERNATIONAL LEGAL PERSONALITY Traditionally, legal personality is perceived as the aggregate of the legal capacity understood as the capacity of being a subject of rights and obligations whereas the capacity to act is definedas the capacity to enter into legally binding 95


Kaja Kowalczewska TO WHAT EXTENT PRIVATE MILITARY CORPORATIONS HAVE… commitments and to exercise exercising ones rights. The second half of the 20th century brought with it new ideas and developments in international law as to the norms directly or indirectly targeting individuals, thereby endowing them with legal capacity. As will be demonstrated in the next section, the same tendency is becoming more and more discernible with regards to legal entities, especially multinational enterprises. The emergence of human rights and international criminal law has contributed significantly to the approach endowing individuals with rights and obligations in the realm of the international community. Henceforth, individuals protected by international instruments may claim their rights in front of international bodies and even bear responsibility for the most heinous acts5. Nevertheless, despite their receiving ability they continue to remain unable to create or modify international legal norms. Thus even if accepted, their legal personality remains limited whereas legal entities, while expanding their activities abroad, are usually contracting with states or international organizations under relevant domestic, not international, law. That is why their international legal personality is frequently rebuttable. Such a statement would have indeed been hard to refute 30 years ago. Nowadays we observe the emergence of a new approach within the international community construing a framework of Global Law or Humanity Law6, placing no longer a single state but a single individual in the centre of interest. This alteration is founded on philosophical7, political8 and legal9 5

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See: UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No. 92-9227-227-6, available at: http://www.refworld.org/docid/3ae6b3a84.html [accessed 27 November 2013] or Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950,ETS 5, available at: http://www.refworld.org/docid/3ae6b3b04.html [accessed 27 November 2013]. J. Zajadło, Konstytucjonalizacja prawa międzynarodowego, „Państwo i Prawo” 3/2011, p. 11. P. Singer, Jeden świat. Etyka globalizacji, Warszawa 2006. UN General Assembly,The responsibility to protect : resolution / adopted by the General Assembly, 7 October 2009,A/RES/63/308,available at: http://www.refworld.org/docid/4ad6d1fd2.html [accessed

contentions concerning the modern reality of international relations. It is even more observable from a regional perspective of consolidated legal regimes, like the European Union, where state borders are lifted and citizens are experessively addressed by regional legal norms10. According to W. Czapliński and A. Wyrozumska, the individual international legal personality can be classified as derivative (like in case of international organisations) because eventually it comes from the will of states or international organisations, and its component of legal acting is limited only to the extent allowed by states11. The dicussion on legal personality of legal entities raises comparable issues. Its optimists are evoking the efficiency principle and contending the economic power and influence of particular enterprises, sometimes more considerable than that of certain states12. Multinational enterprises are considered to be major phenomenona and driving forces of modern economy13, not rarely having direct impact on local politics and the functioning of a state14. Legal entities may, unlike individuals, contract with states or international organizations, especially in the domain of international investment and may directly claim their rights in international investment arbitrations. Therefore, the conclusion drawn by K. Karski shall

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27 November 2013] . R. Domingo, The New Global Law, Cambridge 2010; R. Teitel: Humanity Law: A New Interpretive Lens on the International Sphere, „Fordham Law Review” nr 2/2008, s. 667–702. ECJ, Case 6/64, Flaminio Costa v. ENEL, [1964] ECR 585 and ECJ Case 26/62, NV Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Administratis der Belastingen 1963] ECR 1. W. Czapliński, A. Wyrozumska, Prawo międznarodowe publiczne. Zagadnienia systemowe, Warszawa 2004, s.425. J. Dine, Companies, International Trade and Human Rights (2005) 10; Eide, ‘Universalization of Human Rights versus Globalization of Economic Power’, [in:] F. Coomans et al. (eds), Rendering Justice to the Vulnerable – Liber Amicorum in Honour of Theo van Boven (2000) 99, at 105. Ietto-Gillies, The Role of Transnational Corporations in the Globalisation Process, [in:] J. Michie (ed), Handbook of Globalisation (2003) pp. 139- 144. See more: C. Day Wallace, The Multinational Enterprise and Legal Control:Host State Sovereignty in an Era of Economic Globalization, Martinus Nijhoff Publishers, 2002.


SECURITY DIMENSIONS be praised: - He assumes that since states decided to contract a specific partnership with legal entities and exempt it from domestic legal framework, they thereby have tacitly acknowledged a norm endowing an international legal personality to legal entities15. Furthermore, legal entities may bear international criminal responsibility (a precedent case will be presented in the last part), are protected by international norms16 and may claim their rights not only in international arbitration but may also become a party to the proceedings under Chapter XI of UNCLOS17. It should be equally noted that voices raised against such an extensive approach of the international personality date back to the different reality of international economy and political relations of the second half of the 20th century18. In order to verify whether private military corporations can be assigned international legal personality, we shall summarize their activities and refer to them in the light of the current understanding of multinational enterprises. PRIVATE MILITARY CORPORATIONS AS MULTINATIONAL

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companies or other entities established in more than one country and so linked that they may coordinate their operations in various ways. While one or more of these entities may be able to exercise a significant influence over the activities of others, their degree of autonomy within the enterprise may vary widely from one multinational enterprise to another. Ownership may be private, State or mixed.”20 Although PMCs are usually established in one of following democratic countries: the United States, the United Kingdom, France or Germany21, the nature of their activities and targeted clientele requires them to send employees to, contract with or support local powers in the zones of armed conflict, post-conflict regions, failed states or generally speaking, states with poor human rights records22. Moreover, the ability to quickly provide service in every corner of the world is one of their main trademarks, attracting clients in urgent need. Thereby, they presumably fall into the scope of MNEs provided by the OECD Guidelines. INTERNATIONAL REGULATION: PMCS AS ADDRESSES OF INTERNATIONAL STANDARDS.

ENTERPRISES

The task of classifying PMCs as multinational enterprises is rather challenging given the lack of a formal definition of the latter. The OECD Guidelines for Multinational Enterprises (Guidelines)19, discussed in a more detailed manner later on, similarly acknowledge that an explicit definition is not required and consequently refer to Multinational Enterprises (MNEs) as „(...) 15

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K. Karski, Problem statusu korporacji ponadnarodowych w prawie międznarodowym (globalizacja a podmiotowośc prawa międznarodowego), [in:] Nauka prawa międznarodowego u progu XXI wieku, E. Dynia (ed.), Rzeszów 2003,. pp.114-134. Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, op.cit., especially art. 6, 10, 11. United Nations Convention on the Law of the Sea, Montego Bay, Jamaica 10.12. 1982. See: Barcelona Traction, Light and Power Company, Limited (Belg. v. Spain), 1964 I.C.J. 6 (July 24) and Anglo-Iranian Oil Co., U.K. v. Iran, Judgment, 1952 I.C.J. 93 (July 22). OECD (2011), OECD Guidelines for Multinational Enterprises, OECD Publishing, avaialable at: http://dx.doi.org/10.1787/9789264115415-en [accessed 27 November 2013].

Having established that PMCs are indeed MNEs, we shall examine in what manner their international capacity is shaped. Apart from being regulated by the domestic law of the seat, they are functioning under several international regulations. We shall not analyze here the general human rights instruments like the European Convention on Human Rights but rather focus on the new type of legal regulations addressed especially to PMCs as private actors involved in the situations of both international and noninternational armed conflicts. 20 21

22

Ibid, p. 2. 64 PMC established in the US, 208 PMC established in the UK, 11 PMC established in France, 13 PMC established in Germany have signed ICoC as of November 30th, 2013. 58.7% (413 legal entities) of all signatories PMC are established in Europe. BAE Systems selling 12 Typhoon fighter jets to Bahrain, G4S involved in Israeli prison system and settlements as well as in abuses in South Africa prisons, Bicuar involved in killings of diamond digger in Angola, employees of security company Eulen allegedly responsible to have run over a man in Mexico, Nikuv Intl. Projects accused of rigging vote in last elections in Zimbabwe.

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Kaja Kowalczewska TO WHAT EXTENT PRIVATE MILITARY CORPORATIONS HAVE… The conventional legal framework is still missing due to the relatively novel nature of this phenomenon as well as due to a lack of consensus among states as to several issues concerning its regulation. It is even more remarkable and astounding if we try to compare the de facto activity of PMCs with the international customary norm prohibiting the resort to mercenaries. The current development of human rights seem to oblige states to proactively cooperate in order to secure rights of the most vulnerable groups, which include individuals suffering from reported abuses allegedly deriving from overseas activity of PMC contractors. Therefore, while searching for relevant international documents we are astonished with the abundance of so-called soft-law, not rarely backed by all stakeholders23. It is salient that the international community of states remains satisfied with regulations deprived from sanctions and effective mechanisms of non-observance reprisals. Despite the young life of PMCs, the most concerned states, by which we understand those which, according to the Draft Articles on Responsibility of States for Internationally Wrongful Acts24, might be assigned with the conduct of their national PMCs, have already undertaken domestic initiatives to regulate the industry. Therefore, Egypt has drafted law aiming to regulate PMCs amidst concerns of use of excessive force and insufficient employee training. Switzerland, deemed to be a pioneer and main driving motor of international regulation, enacted a law prohibiting Swiss PMCs to conduct activities that are likely to lead to serious human rights abuses abroad. The United Kingdom government released its National Action Plan to implement the UN Guiding Principles on Business & Human Rights, including references to International Code 23

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The Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict, September 2008, available at: http://www.eda.admin.ch/psc [accessed 27 November 2013]. Art.5, International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, November 2001,Supplement No. 10 (A/56/10), chp.IV.E.1,available at: http://www.refworld.org/docid/3ddb8f804.html [accessed 30 November 2013].

of Conduct for Private Security Service Providers (ICoC), signed by British security service providers, certification of British PMCs, and the Voluntary Principles on Security and Human Rights Initiative. Finally, the United States State Department expressed its will to incorporate ICoC into protective security services contracts under the condition of industry participation. These developments prove the importance of an emerging business market for PMCs and their impact on national security policies and respect for human rights- at least when it comes to diplomacy and policy-making. However, the presented enumeration, due to its national nature, does not in no way satisfy the argument on international legal personality of PMCs. That is why we shall now elaborate on selected international regulations concerning activities of PMCs. Starting with the most general one, the OECD Guidelines for Multinational Enterprises are „the only existing multilaterally agreed corporate responsibility instrument that adhering governments have committed to promoting in a global context”. The Guidelines cover all major areas of business ethics starting with information disclosure, through human rights, to taxation and consumer rights and include the UN Guiding Principles on Business & Human Rights25. The crucial part is expressed by the obligation addressed to adhering countries to set up National Contact Points charged with the inquiries handling and responsible for mediation and conciliation – procedures resolving issues that arise form alleged non-observance of the Guidelines. Consequently, companies may be called to change their abusive practices and reconcile with customers. The mere title of the document indicates that Guidelines are the soft law, and despite the government's support their non-binding nature prevails. However, the author argues that once backed by national governments, Guidelines directly target national PMC in a way endowing them with specific rights and obligations deriving from international human rights law. This would consequently allow international legal capacity to be established, albeit to a limited extent. 25

The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011.


SECURITY DIMENSIONS Regarding PMC-specific international initiatives the Montreux Document and establishment of the oversight mechanism of the International Code of Conduct for Private Security Service Providers should be presented in the first place26. The Association mandated with overseeing companies' adherence to the ICoC guidelines began its operation on September 20th, 2013. As of October 30th, 2013, 708 security companies have signed ICoC and 135 companies, 12 civil society organizations and 5 governments became funding members of the ICoC Association, expressing thereby their full backing of the initiative. Also, the United Nations have expressed their human rights concerns in a resolution27 stating that the use of security companies by the UN should be a „last resort”. Similarly, the UN Working Group on the use of mercenaries hosted an expert meeting on the use of PMCs by the UN and called for more transparency on contracting their services by the UN. Furthemore, the International Organization for Standarization announced that it will develop new international standards for PMCs in line with human rights standards. Finally, ASIS International released two new standards for PMCs allowing them to better protect human rights in areas where the rule of law has been undermined due to war or natural disaster, as well as in the maritime environment. The positive steps undertaken by the international community, especially concerning human rights abuses, contribute to the new approach towards PMCs, endowing them with specific rights and obligations, albeit provided and implemented by the national hubs of state administrations. The lack of a comprehensive and complete international convention may be provoked by the reluctance of states to take direct responsibility for the conduct of legal entities, which are frequently contracted in order to blur the delegation of power and responsibility. The outsourcing construction is 26

27

More: K. Kowalczewska, Self-regulation of Private Military Corporations - the Optimal Solution?, "Security Dimensions and Socio-Legal Studies no.9 , JanuaryJune 2013, pp. 112-127. Kyodo News International, U.N. hiring of armed contractors raises concern about rights abuses, May 4, 2013, available at : http://www.globalpost.com/dispatch/news/kyodo-newsinternational/130504/un-hiring-armed-contractors-raisesconcern-about-right [accessed 30 November 2013].

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notably propitious in situations where deployment of national armed forces may entail international responsibility28. The convenience of service outsourcing shall certainly not be underestimated in this case. Despite the fact that the attention of the international community has been drawn to the emergence and importance of PMC phenomenon, their international personality still remains limited as they are not able to shape or create law in the international area. The international norms recipient's ability (human rights in particular), is not sufficient to elevate them to the identic level enjoyed by states or international organizations. In order to complete the analysis we shall now proceed to the examination of the existence, acceptance, and what is even more symptomatic, the need of international capacity to act or to bear international responsibility by PMCs. INTERNATIONAL CAPACITY TO ACT To be recognized as a subject of international law, an actor needs to be able to act and interact in international relations, therefore create and modify law, contract with international subjects, have legal rights, bear international responsibility and employ international dispute resolution mechanisms. Although PMCs may be endowed with limited legal capacity their legal capacity to act is deemed to be even more confined. In the current state of law we may only examine their capacity to bear international corporate or civil responsibility under international law. Along with the developments in modern warfare the trend of privatization of war and the increased use of PMCs by governments in countries with important security deficiency raise issues of human rights abuses. Consequently, PMC employees have been accused under international criminal law or domestic law, including human rights based claims in several proceedings. Lawsuits against PMCs were brought mainly in 28

D. Francis, U.S. Troops Replaced by an Outsourced Army in Afghanistan, „The Fiscal Times”, May 10, 2013. available at : http://www.thefiscaltimes.com/Articles/2013/05/10/USTroops-Replaced-by-an-Outsourced-Army-inAfghanistan#page1 [accessed 30 November 2013].

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Kaja Kowalczewska TO WHAT EXTENT PRIVATE MILITARY CORPORATIONS HAVE… the US courts. The case against CACI, allegedly involved in torture at Abu Gharib prison in Iraq, was dismissed by the US state court and the new lawsuit is filed in the US federal court. Four former Blackwater guards were charged by the US Departments of Justice over the 2007 shootings of civilians in Baghdad on Nisur square. The claim against defense contractor KBR over alleged trafficking of Nepali men to Iraq was accepted by the US court and will go to trial in 2014. In the United Kingdom the inquest jury found G4S guards to act in an „unlawful manner”, in the case of a man who died after being restrained on a plane by G4S guards during forced deportation. In Mexico, workers filed charges against security firm „Servicios Especiales de Seguridad Privada” over alleged sexual harassment and exploitative working conditions29. The growing number of lawsuits proportionally to the dimension of PMC activities shall implicitly supervene the proper protecting regulation. Nevertheless all of the aforementioned cases concern individuals’ responsibility and not that of a corporation. International criminal law, despite its permanent focus on individuals committing the most heinous acts, does not exclude the possibility to assign international responsibility to legal entities. It is very well exemplified in the Statute of the Special Court for Sierra Leone30 whose authors have expressively omitted the precision as to the nature of entities which may be prosecuted. Article 1 states that „ the Special Court shall (…) have the power to prosecute persons who bear the greatest responsibility for serious violations(...)” and therefore allows to interpret the competence of the tribunal as including acts committed both by individuals and legal entities. Nevertheless, such a case has never happened until now, thus leaving this concept in the sphere of theoretical deliberations. It is even more regrettable given the growing need of MNE accountability. Consequently, in light of reported violations, the international community

remains rather inactive or withdrawn when it comes to international criminal corporate liability. However, this reluctance cannot be explained by a lack of legal possibilities, because not only the Special Court for Sierra Leone but also a specific international ad hoc tribunal could be charged with overseeing relevant cases. Likewise in the international individual criminal responsibility, the competence of international tribunals is auxiliary and the main burden rests on domestic jurisdictions, having priority in pursuing international criminals or wrongdoers. In previous years, the most involved in the PMC discussion held their breath while awaiting the famous judgment in the Kiobel case which was expected to bring a new standard of international corporate responsibility31. The final decision on the lack of jurisdiction under ATS seemed to be rather disappointing . The US Supreme Court denied assuming the role of last resort for victims of overseas abuses of the law of nations. The opposite solution would allow all of those who were denied justice under other jurisdictions to bring their cases in front of a US court. Still, strong justifications fot certain PMCs to be held accountable under the ATS are to be considered among which the most persuasive is „the opportunity to provide legal redress, empowerment, and justice for tort victims”32. It could feel that the cause was lost, nevertheless, the new light in the tunnel of pursuit of justice has appeared in Switzerland where, thanks to successful national prosecutors, „the first ever instance of corporate responsibility for an international crime” will be established. The lawsuit is brought against Argor-Heraeus, leader of the world’s largest refiners of precious metals, for having allegedly acquired approximately three tons of pillaged gold from the Congolese rebel groups through intermediaries in Uganda and the Jersey Islands33. The case reflects the longawaited domestic implementation of the 31

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Private Military & Security Companies and their impacts on human rights: Recent developments, PMSC Bulletin, Issue number 5 – 30 October 2013. Statute of Special Court for Sierra Leone annexed to the Agreement between the United Nations and the Goverment of Sierra Leone on the Establishment of the Special Court for Sierra Leone, signed on 16 January 2002.

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Supreme Court of the United States, Kiobel vs. Royal Dutch Petroleum, April 17, 2013. More: J. Lam, Accountability for Private Military Contractors Under the Alien Tort Statute, „California Law Review” Volume 97 Issue 5 Article 4, pp.1459- 1499. More: J. G. Stewart, Corporate War Crimes Begin, „Opinio Juris”, November 14th, 2013, available at : http://opiniojuris.org/2013/11/14/corporate-war-crimesbegin [accessed 30 November 2013].


SECURITY DIMENSIONS contemporary law of pillage (consisting of international crime) applied to modern resource wars. The presented case constitutes an important break-through and public acknowledgment of superiority of principles of international justice over national and financial interests. Such a brave move of the Swiss prosecution shall be praised and ought to be adopted as a future pattern. By doing so, the state is eventually admitting that a legal entity, regulated comprehensively by national law, may be held accountable for wrongful acts of an international nature. The ongoing penetration of international norms, infiltrating into national normative systems contributes to the progressive blur of classical divisions of these two legal regimes, enhancing a thesis of monistic doctrine. The challenge to track down the normative provenience of legal regulations is becoming redundant in a world of economic and legal globalization. Therefore, the narrow approach towards international personality should be replaced by a more effective and realistic attitude, bringing justice to the international reality. MNEs shall be no longer placed under the protective umbrella of states, simultaneously hindering the pursuit of international justice. The genuiness of legal commitments of states deciding to implement human rights instruments should entail the righteous treatment of those substantially responsible for abuses, regardless of their state or non-state affiliation. Therefore, we may conclude that although up to this day all lawsuits were filed in national proceedings PMCs, as other MNEs, may bear international criminal responsibility, and such an open window of opportunity exists albeit limited by the will of the most powerful subjects of international law. Since states try to avoid, hinder and complicate the mission of the UN charged with the pursuit of its main goals expressed in Article 1 of the Charter34, international personality would allow to bring justice, at least partly by holding PMCs and other MNEs liable for violations of international law, even more reprehensible than committed out of financial incentives.

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United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI, available at: http://www.refworld.org/docid/3ae6b3930.html [accessed 1 December 2013]

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CONCLUSION Provided the extensive definition of international legal personality is acceptable, multinational enterprises like PMCs would benefit from it only to a very limited degree. Yet, the alteration of international politics and economy has brought a progressive change of perspective and approach to non-state actors of international relations. Nowadays it is no longer controversial that blurred lines between international and national norms, especially in a regional legal system like the that of the European Union, necessarily affect the international standing of legal entities and individuals. The formulation of modern international regulations, especially soft law, induces thoughts on a new transnational vision of the international community. Having been placed in the canter of interest of many supranational bodies, PMCs seem to accept and support international regulations concerning their activities, like the Montreux Document or the ICoC, in a way that they voluntarily accept rights and obligations deriving from the international legal order. Despite the fact that the proliferation of international nonbinding instruments produced little in the way of concrete results, concurrently it proved the growing, although still passive, role of MNEs in the creation of norms. The author argued that the legal capacity as well as the legal capacity to act are both tacitly implied by states and thus the global acceptance of their international personality would contribute in an important way to hold them accountable. Using the mechanisms elaborated at the occassion of individual criminal responsibility, international corporate liability would provide victims with reparations and positively impact the conduct of other PMCs and MNEs. Nowadawys, the essential challenge seems to entail providing individuals, both clients and victims, with proper instruments enabling them to benefit from a fair international justice system. Even if referring to the MNEs as to the international legal subjects may be premature, it is not deniable anymore that because of their political and economic influence and wide outreach of their activities, they play an important role in the global system of human rights, and properly regulated, they may contribute in an important way to the observance and 101


Kaja Kowalczewska TO WHAT EXTENT PRIVATE MILITARY CORPORATIONS HAVE… strengthening of the international normative system.

REFERENCES 1. Bierzanek, R., Simonides, J., Prawo międznarodowe publiczne, Warszawa 2005. 2. Czapliński, W., Wyrozumska, A., Prawo międznarodowe publiczne. Zagadnienia systemowe, Warszawa 2004. 3. Day Wallace, C., The Multinational Enterprise and Legal Control: Host State Sovereignty in an Era of Economic Globalization, Martinus Nijhoff Publishers, 2002. 4. Dine, J., Companies, International Trade and Human Rights (2005) 10; Eide, Universalization of Human Rights versus Globalization of Economic Power, [in:] F. Coomans et al. (eds), Rendering Justice to the Vulnerable – Liber Amicorum in Honour of Theo van Boven (2000) 99. 5. Domingo, R., The New Global Law, Cambridge 2010; R. Teitel: Humanity Law: A New Interpretive Lens on the International Sphere, „Fordham Law Review” nr 2/2008. 6. Francis, D., U.S. Troops Replaced by an Outsourced Army in Afghanistan, „The Fiscal Times”, May 10, 2013. 7. Góralczyk, W., Sawicki, S., Prawo międznarodowe publiczne w zarysie, Warszawa 2009. 8. Ietto-Gillies, The Role of Transnational Corporations in the Globalisation Process, [in:] J. Michie (ed), Handbook of Globalisation (2003). 9. Karski, K., Problem statusu korporacji ponadnarodowych w prawie międznarodowym (globalizacja a podmiotowośc prawa międznarodowego), [in:] Nauka prawa międznarodowego u progu XXI wieku, E. Dynia (ed.), Rzeszów 2003. 10. Klafkowski, A., Prawo międzynarodowe publiczne, Warszawa 1979. 11. Kowalczewska, K., Self-regulation of Private Military Corporations - the Optimal Solution?, "Security Dimensions and 102

Socio-Legal Studies no.9 , January- June 2013. 12. Kyodo News International, U.N. hiring of armed contractors raises concern about rights abuses, May 4, 2013. 13. Lam, J., Accountability for Private Military Contractors Under the Alien Tort Statute, „California Law Review” Volume 97 Issue 5 Article 4. 14. Private Military & Security Companies and their impacts on human rights: Recent developments, PMSC Bulletin, Issue number 5 – 30 October 2013. 15. Singer, P., Jeden świat. Etyka globalizacji, Warszawa 2006. 16. Stewart, J. G., Corporate War Crimes Begin, „Opinio Juris”, November 14th, 2013. 17. Zajadło, J., Konstytucjonalizacja prawa międzynarodowego, „Państwo i Prawo”, 3/2011. Legal instruments: 18. Council of Europe, European Convention for the Protection of Human Rights and Fundamental Freedoms, as amended by Protocols Nos. 11 and 14, 4 November 1950, ETS 5. 19. International Law Commission, Draft Articles on Responsibility of States for Internationally Wrongful Acts, November 2001, Supplement No. 10 (A/56/10), chp.IV.E.1. 20. OECD (2011), OECD Guidelines for Multinational Enterprises, OECD Publishing. 21. Statute of Special Court for Sierra Leone annexed to the Agreement between the United Nations and the Goverment of Sierra Leone on the Establishment of the Special Court for Sierra Leone, signed on 16 January 2002. 22. The Montreux Document on pertinent international legal obligations and good practices for States related to operations of private military and security companies during armed conflict, September 2008. 23. UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), 17 July 1998, ISBN No.


SECURITY DIMENSIONS 92-9227-227-6. 24. UN General Assembly, The responsibility to protect : resolution / adopted by the General Assembly, 7 October 2009, A/RES/63/308. 25. United Nations Convention on the Law of the Sea, Montego Bay, Jamaica 10.12. 1982. 26. United Nations, Charter of the United Nations, 24 October 1945, 1 UNTS XVI. Case law: 27. ECJ, Case 6/64, Flaminio Costa v. ENEL,

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[1964] ECR 585. 28. ECJ Case 26/62, NV Algemene Transporten Expeditie Onderneming van Gend en Loos v Nederlandse Administratis der Belastingen 1963] ECR 1. 29. Barcelona Traction, Light and Power Company, Limited (Belg. v. Spain), 1964 I.C.J. 6 (July 24). 30. Anglo-Iranian Oil Co., U.K. v. Iran, Judgment, 1952 I.C.J. 93 (July 22). 31. Supreme Court of the United States, Kiobel vs. Royal Dutch Petroleum, April 17, 2013.

AUTHOR Kaja Kowalczewska, PhD Candidate the Jagiellonian University (Poland) Faculty of Law and AdministrationChair of Public International Law.

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Paulina Ledwoń THE ABOLITION OF THE CO-OWNERSHIP AS THE METHOD OF ELIMINATION THREATS…

THE ABOLITION OF THE CO-OWNERSHIP AS THE METHOD OF ELIMINATION THREATS ARISING FROM UNREGULATED LEGAL STATUS OF THE REAL ESTATE Paulina Ledwoń

ABSTRACT The author focuses on the analysis of the coownership of the real estate in the legal and economic context as well as on the methods of elimination threats arising from unregulated legal status of the real estate. The author describes the origin of the state of the joint ownership of the real estate and its influence on the value of the real estate. The author analyses the concept of the

real estate in the polish legal system and describes the particular methods of the abolition of the co-ownership of the real estate, such as the contractual abolition of the co-ownership, concluding the settlement by the co-owners, the division of the real estate conducted in the court proceedings.

KEYWORDS Co-ownership, real estate, property, unregulated status

INTRODUCTION The co-ownership of the real estate, common in economic relations, often lasts through years. Not always because such condition is desirable. The investment including the property which has unclear legal status and multiple coowners is risky, while clear legal status and independent owner of the property makes its value increase. The only one solution to these problems is often the definitive abolition of the coownership of the real estate. What is more, each co-owner is entitled to initiate proceedings in this regard, if only the status is not desirable for him any longer. Methods of abolishing of the coownership are several, each has its advantages and disadvantages. One can conclude an agreement abolishing the co-ownership of the property in a notary office, or a settlement, as well as it is allowed to establish the separate ownership of the premises, sale of the property and then distribution of the money among the owners or legal proceedings in which the priority

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has unanimous division, then we have the division in nature, and finally, sale of the real estate by public court auction. The advantage of the legal proceedings is lower cost and still widespread belief in the superiority of the decision of the court over civil contract. This article desires to introduce the concept of co-ownership and its sources, as well as the methods of its abolition. THE CONCEPT OF REAL ESTATE IN THE POLISH CIVIL CODE According to the Polish Civil Code, the real estate is part of the earth's surface which creates a separate property (land), as well as buildings permanently connected with land or parts of such buildings, if under the special provisions, they are a separate subject of property Property is thus: a) land, which is both parts of the earth's surface and creates a separate property, b) buildings permanently connected with land, c) part of the buildings, if under special provisions are a separate subject of property (eg. premises).


SECURITY DIMENSIONS

THE CO-OWNERSHIP OF PROPERTY The literature emphasizes that the nature of the co-ownership is defined by three main features: the unity of the object, the multiplicity of subject and the integrity of the law1. The law knows only two types of co-ownership: fractional and joint co-ownership. The ownership in fractions is when the ownership belongs to all of the co-owners and until the moment of the abolition of the co-ownership, no one has its physically divided part, as well as no one has the right to dispose it, one can dispose only an ideal part of the ownership expressed as a fraction. A feature of the fractional ownership is the potential opportunity to dispose share, sale, donate and encumber it with mortgage. The expiration of the ownership is when all the shares will go to one person2. The size of the shares is determined by the provisions of the contract, will, court order or law. Joint ownership can only arise from certain legal relationships. Joint ownership is not determined by the amount of shares and lasts as long as it is not possible to demand its abolition3. The most common example is the conjugal community (art. 31 in conjunction with art. 48 of the Family Code4), an example of this is also the situation of the civil partnership. The real estate brought to the civil partnership becomes a subject of the joint co-ownership. Partner cannot dispose its share in the common property or in its individual components only by himself. In case he leaves the partnership he loses the right to common property and retains the right to return the things that he brought to the partnership to use as well as he is able to demand the value of his contribution in cash. Common property is owned by the other partners without the need of any legal action connected with the retransfer of S. Rudnicki, Własność i inne prawa rzeczowe. Komentarz do Kodeksu Cywilnego, Wydawnictwo Prawnicze, Warszawa 1996, p. 186. 2 S. Rudnicki, [in:] G. Bieniek, S. Rudnicki, Nieruchomości. Problematyka prawna., Wydawnictwo Prawnicze LexisNexis, Warszawa 2007, str.870. 3 A. Gola, Współwłasność, Wydawnictwo prawnicze, Warszawa 1987, p. 8. 4 Ustawa z dnia 25 lutego 1964 r. Kodeks rodzinny i opiekuńczy, Dz.U. 1964 Nr 9 poz. 59 ze zm. 1

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ownership of the property5. An important feature of the joint co-ownership is the fact that its subject is not one thing and it has a specific economic and social reasons. THE SOURCES OF CO-OWNERSHIP OF THE REAL ESTATE

The are many sources of the co-ownership, the most common are: a) the actual events, when according to the provisions of law, they bring legal effects, such as prescription of the property by several persons (art. 172 of the Civil Code); b) legal action, such as an acquisition of a share in an existing co-ownership; c) legal provision, for example, the transformation of the perpetual co-usufruct of the real estate into the co-ownership pursuant to the Act on the transformation of the perpetual usufruct right to the ownership of real estate6; d) the verdict of a court or administrative decision; e) to some extent, inheritance, because according to art. 1035 of the Civil Code, if there are several heirs of the legacy, to the co-ownership of its assets and to the division of the inheritance the provisions on co-ownership in fractions will apply accordingly7; f) indirectly by marriage, as the conjugal community regime arises ex lege after entering the marriage, unless the spouses concluded prenuptial agreement or agreement during the marriage that excludes conjugal community8. Divorce between spouses means that conjugal community regime ends, consequently, fractional co-ownership arises on the property acquired during the marriage; g) concluding the contract that forms a civil partnership, joint co-ownership lasts from the time of incorporation of the partnership until its

S. Rudnicki, Własność nieruchomości, Wydawnictwo Prawnicze LexisNexis, Warszawa 2008, p. 28. 6 Ustawa z 29 lipca 2005 r. o przekształceniu prawa użytkowania wieczystego w prawo własności nieruchomości, Dz.U. nr 175, poz. 1459 ze zm. 7 E. Skowrońska – Bocian, Komentarz do kodeksu cywilnego. Spadki, Wydawnictwo Prawnicze LexisNexis, Warszawa 2003, p. 226. 8 A. Dyoniak, Ustawowy ustrój majątkowy małżeński, Wydawnictwo Ossolineum, Warszawa 1985, p. 193. 5

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Paulina Ledwoń THE ABOLITION OF THE CO-OWNERSHIP AS THE METHOD OF ELIMINATION THREATS… termination, then the joint co-ownership is transformed into a fractional co-ownership9. METHODS OF ABOLITION OF THE CO-OWNERSHIP OF THE REAL ESTATE When there are no conflict between coowners, they may enter into an agreement abolishing co-ownership in a notary office. The above agreement shall be governed by the same provisions that regulates agreement transferring ownership of a property, consequently, it must be strictly concluded in the form of a notarial deed. The contract must clearly indicates the parties to the contract and include a precise description of the property which is the subject of division. In accordance with the principle of freedom of contract, the parties can match the content and method of the abolition of co-ownership in accordance with the will of its co-owners, but in conformity with the law and the principles of social coexistence10. Once there was a dispute whether it is possible to abolish the co-ownership in an amicable way11. At present, art. 1157 of the Code of Civil Procedure12 (CCP) introduced the possibility to submit to arbitration disputes concerning property rights which may be the subject of a court settlement, while in art. 1165 § 1 of CCP legislator said that this may involve both litigation and non-litigation proceedings. The only requirement is that the co-owners concludes an agreement in which they agree to submit the dispute to arbitration. The agreement reached in conciliation court is legally binding the same as the verdict of the court after its approval by the court of law (art. 1212 § 1 of CCP). The common court of law shall refuse to perform these actions only if they were contrary to the fundamental principles of the legal order of the Republic of Poland (1214 § 3 p.2 of CCP) . The settlement concluded in the court shall substitute the form of the notarial deed which Ł. Dziulreja, Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Wydawnictwo e-prawnik.pl, Kraków 2008, p.16. 10 Ibidem, p. 108 – 109. 11 T. Misiuk, Problemy integracyjne postępowania działowego, Palestra 1973, nr 9, p. 16. 12 Ustawa z dnia 17 listopada 1964 r. Kodeks postępowania cywilnego, Dz.U. 1964 nr 43 poz. 296 ze zm.

is required in case of legal actions concerning real estates13. Court settlement can be extended to other claims between co-owners, then it fulfills the function of the comprehensive regulations of the disputable issues between the parties, as it was the intention of the legislator. Abolition of the co-ownership of the property as an effect of litigation proceeding takes place very often especially when there are many disputable issues between co-owners, although it is possible even if there are no conflict, but only as an expression of the desire to minimize the costs of the notary public, because the request may include an unanimous demand. The motion may be submitted by one of the co-owners, several, or by all of them acting together, or by their heirs (art. 210 and 922 of the Civil Code), and by the creditor of the co-owner, if his rights has been confirmed in enforcement proceedings14 (art. 912 § 2 of the Civil Code). Indirectly, the applicant can be a partner of the civil partnership when he demands repayment after liquidation of the partnership15 (art. 875 § 1 of the Civil Code). The application may be submitted by the prosecutor (art. 7 CCP) and by the Ombudsman. If the proceedings did not bring to the settlement, in accordance with art. 622 § 1 of CCP the court should induce co-owners to carry out harmonious division, pointing out ways that can lead to this. An unanimous application of the coowners may include demand to abolition of the coownership in any manner permitted by law, coowners often prefer to abolish co-ownership of the property by awarding the right of the ownership to one of their group when they are interested in repayment in cash, sometimes the property is not interesting, then the most appropriate way is to sell it. If there is no basis to issue an order corresponding to the unanimous application of coowners, but there are conditions that allow to carry out the division in nature, the court carries out this division into parts corresponding to the shares of co-owners, taking into account all

9

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Wyrok SN z 13 października 1955 r., III CR 599/55 OSN 1956, nr 3, poz. 78. 14 E. Wengerek, Postępowanie zabezpieczające i egzekucyjne. Komentarz, Wydawnictwo Prawnicze, Warszawa 1972, p. 456. 15 Postanowienie SN z 30 września 1977 r., III CRN 76/77, OSNCP 1978, nr 7 poz. 115. 13


SECURITY DIMENSIONS relevant circumstances as well as the social and economic interest. Differences in values of the particular parts are compensated by cash payments, in proportion to the size of shares. Even if only one co-owner has applied for the division in nature and such division is possible, the duty of the court is to abolish the co-ownership is in such way16. As mentioned, the differences between the value of the parts of the property are compensated by cash, that are proportional to the value of the shares. The court, if necessary, shall decide to divide the payments in installments, the deadlines cannot exceed ten years as there is stated in art 212 § 3 (second sentence) of the Civil Code. If the entire property is granted to one coowner, he is also burdened with the repayments to the other co-owners (art. 212 § 2 of the Civil Code). As a rule, co-owners are entitled to the full amount of repayment, an exception of this rule in when the subject of the division is an agricultural farm, then the repayments may be reduced. The court may resign to award payments for coowners only if they clearly expressed that wish17. The co-ownership of a building can be abolished by establishing a separate ownership of the premises. In the previous legislation only judicature allowed for such a solution. Currently, this problem has been precisely regulated by art. 11 of the Law on Ownership of Premises18, which states that the provisions regulating the establishment of separate ownership by agreement, shall apply mutatis mutandis to establishing the separate ownership by a court verdict abolishing the ownership of real estate. The court may authorize the participant of the proceeding to perform the necessary work of adaptation, by issuing a pre-order. It is also allowed to establish a separate ownership of the premises when the separate ownership has been already established, but the new premises must as well meet conditions of the

M. Sychowicz, Postępowanie o zniesienie współwłasności, Wydawnictwo prawnicze, Warszawa 1976, p. 62. 17 H. Pietrzykowski, [in:] A. Piasecki [ed.] Kodeks postępowania cywilnego. Komentarz. t. 2, Wydawnictwo CH Beck, Warszawa 2006, p. 286. 18 Ustawa z dnia 24 czerwca 1994 r. o własności lokali, Dz.U. 1994 nr 85 poz. 388 ze zm. 16

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provisions19. Separate ownership of the real estate, in accordance with the said act, may be an independent dwelling, which is separated by permanent walls within the building, room or a complex of rooms, which are destined to permanent stay of the people, and which together with supplementary spaces are used to meet their housing needs. One of the methods to abolish the coownership of the property is to sell it and then to distribute a sum of money between participants of the division. The content of art. 625 of CCP states that in order that manages the sale of the item belonging to co-owners, the court shall decide about the mutual claims of the co-owners, or just order a sale, postponing the decision on the mutual claims of the co-owners and on the distribution of the money obtained from the sale to the moment when the sale is conducted. It should be noted that the abolition of the co-ownership by the sale of property is an ultimate solution, practiced when the situation of the coowners does not allow to meet the financial needs of the other participants by way of repayment, and at the same time the division in nature is impossible20. It is a result of the fact that during the sale conducted in auction organized by the court its extremely hard to achieve better price than by the sale conducted on free market. The sale of real estate is conducted in enforcement proceedings. Enforcement proceeding may be initiated ex officio or at the request of any of the co-owners on the basis of an enforcement title, which states that the abolition of the co-ownership is to be carried out by the sale of the real estate. The judicial abolition of the co-ownership by the sale of property in public auction will cause the termination of the co-ownership upon its sale21. CONCLUSION The co-ownership of property is commonly found in legal relations and cannot be completely avoided, however, if the management of a common thing faces numerous obstacles, Uchwała SN z 15 marca 1989 r., III CZP 14/89, OSN 1990, nr 2, poz. 27. 20 Ł. Dziurleja, Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Kraków 2008, p. 86. 21 Uchwała SN z dnia 20 lutego 1989 r., III CZP 4/89, OSNC 1990, nr 2, poz. 25. 19

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Paulina Ledwoń THE ABOLITION OF THE CO-OWNERSHIP AS THE METHOD OF ELIMINATION THREATS… consequently the state of the co-ownership brings more economic harm than good, then it is worth to consider on the abolishing of the co-ownership by methods pointed out in this article.

REFERENCES 1. Ustawa z dnia 23 kwietnia 1964 r. Kodeks cywilny, Dz.U. 1964 nr 16 poz. 93. 2. Stelmachowski A., Obrót nieruchomościami rolnymi na podstawie kodeksu cywilnego (obrót powszechny), Prawo rolne, Wydawnictwo Prawnicze LexisNexis, Warszawa 2006. Postanowienie SN z dnia 28 stycznia 1999 r., III CKN 140/98, Lex, nr 50652. 3. Ustawa z dnia 15 kwietnia 2003 r. o kształtowaniu ustroju rolnego, Dz.U. 2003, nr 64, poz. 592 ze zm. Rudnicki S., Własność i inne prawa rzeczowe. Komentarz do Kodeksu Cywilnego, Wydawnictwo Prawnicze, Warszawa 1996. 4. Bieniek G., Rudnicki S., Nieruchomości. Problematyka prawna., Wydawnictwo Prawnicze LexisNexis, Warszawa 2007. 5. Gola A., Współwłasność, Wydawnictwo prawnicze, Warszawa 1987. 6. Ustawa z dnia 25 lutego 1964 r. Kodeks rodzinny i opiekuńczy, Dz.U. 1964 Nr 9 poz. 59 ze zm. 7. Rudnicki S., Własność nieruchomości, Wydawnictwo Prawnicze LexisNexis, Warszawa 2008. 8. Ustawa z 29 lipca 2005 r. o przekształceniu prawa użytkowania wieczystego w prawo własności nieruchomości, Dz.U. nr 175, poz. 1459 ze zm.

9. Skowrońska – Bocian E., Komentarz do kodeksu cywilnego. Spadki, Wydawnictwo Prawnicze LexisNexis, Warszawa 2003. 10. Dyoniak A., Ustawowy ustrój majątkowy małżeński, Wydawnictwo Ossolineum, Warszawa 1985. 11. Dziulreja Ł., Współwłasność nieruchomości. Sposoby zniesienia współwłasności, Wydawnictwo eprawnik.pl, Kraków 2008. 12. Misiuk T., Problemy integracyjne postępowania działowego, Palestra 1973, nr 9. 13. Ustawa z dnia 17 listopada 1964 r. Kodeks postępowania cywilnego, Dz.U. 1964 nr 43 poz. 296 ze zm. 14. Wyrok SN z 13 października 1955 r., III CR 599/55 OSN 1956, nr 3, poz. 78. 15. Wengerek E., Postępowanie zabezpieczające i egzekucyjne. Komentarz, Wydawnictwo Prawnicze, Warszawa 1972. 16. Postanowienie SN z 30 września 1977 r., III CRN 76/77, OSNCP 1978, nr 7 poz. 115. 17. Sychowicz M., Postępowanie o zniesienie współwłasności, Wydawnictwo prawnicze, Warszawa 1976. 18. Piasecki A., Kodeks postępowania cywilnego. Komentarz. t. 2, Wydawnictwo CH Beck, Warszawa 2006. 19. Ustawa z dnia 24 czerwca 1994 r. o własności lokali, Dz.U. 1994 nr 85 poz. 388 ze zm. 20. Uchwała SN z 15 marca 1989 r., III CZP 14/89, OSN 1990, nr 2, poz. 27. 21. Uchwała SN z dnia 20 lutego 1989 r., III CZP 4/89, OSNC 1990, nr 2, poz. 25.

AUTHOR Paulina Ledwoń, M.A. in Law, graduate of the Faculty of Law and Administration of the Jagiellonian University, at present Ph.D. candidate in Faculty of Law, Canon Law and Administration of The John Paul II Catholic University of Lublin.

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SECURITY DIMENSIONS

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SPECIAL TECHNOLOGIES OF RESCUE SYSTEM IN RUSSIAN FEDERATION FOR FOREST FIRES Roman Michalovič

ABSTRACT Russian federation has a lot of special technologies for applications of extinguishing agents. Modern approaches include aerial firefighting technology, explosives, chemical agents inducing raining etc. Military industry continues to develop new resources, which are

later adjusted to rescue and emergency purposes. Forest fires are very often fought by specialized technologies including special terrain vehicles, aircrafts using water bags with fire retardants which are very effective in stopping the fire spread.

KEYWORDS Russia, rescue system, technology, fire fighting, retardants INTRODUCTION The nature of the environment and the likelihood of particular types of incidents is decisive for civil and security policy of the state and hence the orientation and the use of available technology . While the the western world, including Australia are civil- security systems deal with many private institutions and companies, in the east it is a matter for government and companies work mostly on the order of government institutions while the private sector in this sector continues to grow. In the U.S. , Japan, EU, Australia, but also in Russia play an important role in the development of security technology universities and research institutes, institutes , accredited laboratories , simulation centers, etc. Owing to the results of applied research, the technology and equipment able to save lives even in the most desperate situations. Technology development is the first, purpose of use, source of funding ie's requirements but especially capacity development centers ie technological research and development opportunities as well as professional staff erudition. In technologically advanced countries, there are many state and private institutions, large and small companies dealing with security

technologies . While the commercially most interesting is their lengthy development and sales but training and staff training in working with them. Therefore, there is a number of small specialized companies, which have a very narrow focus to become a leader in the selected area . Security technologies used in emergencies in terms of duration of use can be divided into two main groups on preventive technologies and technologies of active deployment. . Another aspect is the technology division of their intended use: • Fire • Flood • earthquake • avalanche • against storms ( tornadoes , hurricanes , typhoons , etc.). • Against torrential waves • Against Industrial Accidents • against nuclear accidents • Compared to road accidents , air, sea etc. Active technology deployment can be divided into main groups. Primary automotive equipment, tools , personal protective equipment , etc. . Among secondary mainly include the search technology, communications technology , and other support resources.

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Roman Michalovič SPECIAL TECHNOLOGIES OF RESCUE SYSTEM IN RUSSIAN FEDERATION… RUSSIAN RECENT SAFETY ISSUES Every year there are hundreds and thousands for forest fires in Russia. In the summer of 2010, according to the Ministry for Emergency situations of Russia (EMERCOM) country had been suffering of 843 fires and 47 forest fires of peatlands at the same time. Smoke covered the entire European part of Russia. However, the activation of aviation technology was complicated due to smoke that reached up to 12 km height1. Water bombs were used within the fire fighting more likely. Military-industrial complex of the Russian Federation as a secondary product develops efficient technologies for forest fires extinguishing, as well as seeking and rescuing people in large areas. Russia has lots of material and human resources to save lives and material values. This article touches on themes of technological application possibilities of flame retardants, as these are often applied across the board from the ground or from the air. According to official information, the Ministry of the Russian Federation for civil defense, emergencies and elimination of consequences of natural disasters (abbreviated EMERCOM) State fire service has 220,000 firefighters, 13 600 buildings, 4,000 fire stations, 18,364 fire trucks, 49 fire motorboats. In addition, there are areas in Russia, general, trade unions and voluntary fire brigades with different levels of equipment . Total annual saving more than 90,000 lives and prevent damage of 120 billion. Rubles (2.8 billion. EUR)2 . EMERCOM activities focus on fire prevention and fire active land and air protection, the search and rescue of lost persons in countryside, warning and evacuation of people from affected areas, rescue operations on rivers and water areas but also to rescue sailors from ships and submarines. EMERCOM operates in troubled areas where organized civil defense, finds and destroys

1

Cf. Emergency Technologies http://www.emergencytechnologies.com.au/vet.htm Moskva se chystá na čtyřicítky, požáry v Rusku zuří dál http://www.ceskatelevize.cz/ct24/svet/97790-moskva-sechysta-na-ctyricitky-pozary-v-rusku-zuri-dal/ 2 Fire & Rescue NSW http://www.fire.nsw.gov.au/page.php?id=450

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munitions and booby systems, which is active in anti-terrorist attacks3. FOREST FIRE Forest fire is a fire that breaks out and spreads on forest and other forest land or breaks out on other land and spreads to forest and other forest land. The cause of forest fires may be a natural phenomenon (lightning), but the vast majority of these are human negligence . In this case, most of the discarded cigarette butt or disregard the prohibition of the establishment of forest fires and consequently insufficient to extinguish. The cause of the fire may become even tossed glass that sunny weather works like a magnifying glass. Firefighters are difficult to dispose Forest fires of because they usually occur in heavily accessible terrain where they cannot make full use of fire equipment and are very dangerous due to their potential to spread very fast. In addition, the behavior of fire in the wood is often unpredictable and fire can spread, for example, and under the earth, and it is very difficult to predict where resurface. Interventions on forest fires are therefore very time consuming and require a large amount profession of fire protection. Disposal of forest fires also requires a considerable amount of water, which should be often difficult to get a place of fire. The cost of disposal of forest fires are therefore very high. EMERGENCY TECHNOLOGIES The technologies used for intervention in the affected areas must meet specific requirements with regard to the nature of the incident and an existing natural conditions. Within the country, there are differences in the number of particular types of intervention techniques used. Intervention techniques to use, what is the quickest to react to this incident and at the same time, the most effective intervention . For this reason, the intervention units available various types of cargo and passenger vehicles or helicopters or small motor-powered fast motorboats (rigid inflatable). 3

EMERCOM of Russia http://en.mchs.ru/Forces_and_Facilities/Fire_Control_in_Ru ssia


SECURITY DIMENSIONS Hardware except fire gear (firefighting equipment, shovels, axes, saws) includes climbing equipment, communications equipment (transmitters respectively. Handsets with GPS, satellite phones), special protective clothing (fireproof overalls, chemical resistant overalls, respirators, oxygen cylinders). Interventions against the consequences of incidents are also often benefit from cooperation with the private sector, especially if the carriage of cargo or evacuation of persons or animals from the affected area. There are means of transport, especially buses, tractors, or other trucks. In addition techniques are also used draft animals, and the stubby often deployed rescue dogs. When removing debris from caving is appropriate to use tracked vehicles, which is more maneuverable and threaten to puncture the wheels. Therefore, often used crawler dozers or modified military tanks. Wheel loaders and trucks are often no initial deployment of tracked vehicles can not be used. Military equipment is used during flood, as it can get to people trapped on rooftops, in trees and under. They are used first, heavy trucks, motor boat , pontoon.

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Fire-fighting interventions in difficult terrain, the chemical releases from industrial and military installations as well as forest fires or in remote areas with sparse infrastructure used successfully tracked vehicles such as the Ural (Fig. 2) with eight hoses able to penetrate deeply into fire

Fig.2 Russian carrier Ural fire

because self cooling or proven Russian rescue transporter Vityaz DT - 2P (Fig. 3) which resists extreme temperatures from - 40 to + 45°C. Because of its universal application and endurance is virtually irreplaceable4.

GROUND EQUIPMENT The most advanced Russian firefighting tanker truck ZIL AA13, 5/100-100/3 (Fig. 1) has a capacity of 13.5 tons extinguishing agent . As one of the few Russian vehicle has a fully automatic transmission, allowing a better focus on the ride and the interference. Fig. 3 Recovery transporter Vityaz equipped with a crane FASSI

Vityaz is a tracked vehicle with a joint connecting two parts of the vehicle (3) . The front part of the drive has a transport function and back . Type shown in Figure 10 is mounted with hydraulic arm crane FASSI, Italian production5. 4

Fig. 1 tanker truck ZIL AA13, 5/100-100/3

http://ruslet.webnode.cz/technika/ruska-technika/leteckatechnika/m-l-mil/mi-14pz/ Cf. KRIŠŠÁK, P. - MÜLLEROVÁ, J.: Úvod do termomechaniky., Žilinská univerzita v Žiline 2006. 5 http://ruslet.webnode.cz/technika/ruska-technika/leteckatechnika/g-m-berjev/be-200/

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Roman Michalovič SPECIAL TECHNOLOGIES OF RESCUE SYSTEM IN RUSSIAN FEDERATION…

AIRCRAFTS Aviation technology is primarily designed to fight forest fires, but can be used also in fires high-rise buildings . Ukrainian AN 32P (Figure 4) is primarily designed to fight forest fires . It has two independent tanks capable of once or twice deleted 8000 l of water, or two tanks with UV26 with agents that produce rain. This substance is either dry ice or silver iodide. These substances are found in containers under windows.

Fig.5 Current special Berjev Be- 200

WATER BOMBS

Fig.4 Antonov AN - 32P

Larger and more numerous fire represented a multi-purpose special Berjev Be- 200 (Fig. 5) has multiple uses in the rescue . It is primarily designed to fight forest fires with a carrying capacity of 13 000 liters of water is used for search and evacuation of people injured removal and transport of cargo This initially against submarine combat jet machine is capable of landing and take off from water surface and scoop water while in flight over open water with submerged rear fuselage . This has three special fire fighting water tank (those with four tanks, which are located under the floor of the cab cost, together take 12 000 kg of water), 50 rescuers with equipment, seated 64 wounded, 30 wounded lying on stretchers or the total weight of the load to 7500 kg or more6.

Represent a very effective fire water bombs that have been developed in Russia . Effective water bombs were developed by a national development center Basalt. Water Bomb 2008 can extinguish the explosion 1000 m2 water bombs as a modern fire extinguishing agent used in exceptional cases. . The pressure wave carries the microdrops of water that are dispersed over a long distance and efficient thanks to a pressure wave that attenuates fire and everything it stands etc. These bombs can be detonated in the air or on impact on the ground. FIRE RETARDANTS IN FOREST FIRES The fire is defined as each burning which results in damage to property or the environment resulting in the death or injury of an individual or dead animals, fire retardant is also undesirable, in which endangered the life or health of individuals, animals, property or the environment7. The course of fire is characterized by a number of chemical and physical phenomena are interrelated.Wildfire is the most drastic way to forest destruction. Has a huge impact on all the plants and animals living in the forest. Animals takes livelihoods and homes. Fires caused by humans by their negligence or disregard of risk in the use of fire. Another reason tend to extreme temperatures, together with direct exposure to the 7

6

http://ruslet.webnode.cz/technika/ruska-technika/leteckatechnika/m-l-mil/mi-14pz/

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Kriššák, P. - Müllerová, J.: Úvod do termomechaniky., Žilinská univerzita v Žiline 2006. [8] Osvald, A. - OsvaldováÁ, L. 2003. Retardácia horenia smrekového dreva. Vedecké štúdie. Zvolen: Technická univerzita Zvolen, 2003, 61 s., ISBN 80-228-1274-9.


SECURITY DIMENSIONS sun is the initiator fires. He then usually supported by strong winds. It should be noted, however, that climatic conditions directly affects the person producing effluents, emissions. The current global warming will certainly not contribute to a reduction of the number of forest fires. It is a big issue also in Russia. Country is affected by large fires more and more often especially during the summer months. These fires are even more dangerous is that often occur at locations not accessible to fire equipment, with insufficient respectively. Inappropriate source of water for extinguishing require enormous commitment of people, special fire fighting and sometimes aircraft. Direct damage associated with coverage of live trees, processed and unprocessed wood, gain or loss deterioration of wood raw material. Indirect damages arising entering other secondary pests, as well as increasing the cost of the consequences of fire . [9] Moreover, forest fires are a real threat to human life and cause ecological and economic harm to the adjacent settlements and urban areas. Just by the fire interfering with all the components of biota, is a return to the original state extremely difficult8. Combustion in forest fires can be described as burning a whole set of organic material, which is composed of forest cover . When a fire breaks out in the woods, the plants treated with great ardor and occurs partial or even total necrosis of bark tissue, or even the entire tree. Living cells in phloem already begin to die at a temperature higher than 54°C and at a temperature of 80150°C, the loss of all the water in the tissues as well as wood9. When applied to the flame with a temperature of 250°C, it takes longer time to start the wood gas leakages and the wood itself is ignited at a temperature of about 300°C. At a temperature above 450°C ignited gases escaping from the timber already in contact with the outside air and at a temperature above 600°C, the timber

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itself becomes a source of combustion. Flame temperature of burning wood reaches 700 to 800°C. When burning crown conifer the temperatures arise around 1000°C with the flame height to 100 meters. When burning coniferous forest in the flame temperature reaches a value up to 1300°C10. Retardants are special solutions applied preventively or during the fire at wood materials, thus avoiding their ignition. The principle of the protective effect lies that the process of combustion (or to temperatures above about 150°C) formed by its thermal decomposition on a surface of the material thick (up to several cm), a microporous non-combustible, heat-insulating foam layer, a relatively long time (up to 30 minutes) provides resistance to fire and radiant heat. Protection of wood materials from the devastating effects of fires has long been under discussion. There are numerous flame retardants slowing down the flame development. Preventive retardants are applied to floors, furniture design during production or when they are finalized11. Another group of retardants is applied during the firefighting as an additive water substance. It is applied from the air by the aircrafts or helicopter to stop the flames. There are various types of chemical retardants. They are in different substances. Typically like a dust or like a gel which is very effective in protection. Well known is FIRESORB®. I tis a substance developed for fire fighting multiple uses. The way deliveries in liquid form, the composition can be applied directly in the fighting field using classic material means used to extinguish (portable shunt, tubing Bg, Cg, Dg, combined nozzle). The results of experiments have confirmed its high absorption ability, which makes it suitable not only for direct fire. Grip gel allows its application even on vertical 10

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Martinka, J. – Kačiková, D. - Hroncová, E. – LADOMERSKÝ, J.: Experimental determination of the effect of temperature and oxygen concentration on the production of birch wood main fire emissions. Journal of Thermal Analysis and Calorimetry 110:193–198 DOI 10.1007/s10973-012-2261-2. Springer. 2012. 9 Müllerová J. - MIikulìk M., Technology and safety of biomass combustion, Saarbrücken: LAP Lambert Academic Publishing, (2012).

Zachar R M. - Skrovný R.: Influence of heat on thermal degradation of spruce wood, Acta Fac. Xylologiae, 49(1), 61-68 (2007). 11 Müllerová J. Fire Safety Properties of Heat Treated Wood. Research Journal of Recent Sciences Vol. 2(12), 8082, December (2013), UHROVÁ I. – eadem, Flame spread over biomass dust layer, Magdeb. brand Explosionsschutztag, Magdeburg (2013), Müllerová J. MIKULÍK M., Environmental and health risks of solid fuel boilers’emissions, Košice: Multiprint, (2010)

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Roman Michalovič SPECIAL TECHNOLOGIES OF RESCUE SYSTEM IN RUSSIAN FEDERATION… surfaces. This property gel can be used for cooling of the surroundings but also creating firebreaks in preparation burning zone12.

Fig.6 Fire retardant applied from air

CONCLUSION In the development of rescue technologies Russia does not lag behind the West. In addition to standard high advanced aerospace technologies, durable and effective ground equipment developing new ways to effectively combat fires. The paper deals with the most effective examples of functional technologies as well as looking at the development of unconventional resources such as water bombs or application of substances that induce rain. These technologies are absolutely necessary for effective fire fighting in forest. The forest fires are very often in Russia, therefore many kind of specialized vehicles are used. Flame retardant or fire retardant are applied typically mixed with water to cover the wood before its temperature increases too much. Good retardant will resist 10 times longer than untreated wood. View of the Russian experience with the application of retardants and use technology to be very inspiring.

REFERENCES 1. Kriššák, P. - Müllerová, J.: Úvod do termomechaniky., Žilinská univerzita v Žiline 2006. 2. Osvald, A. - Osvaldová, L. 2003. Retardácia horenia smrekového dreva. Vedecké štúdie. Zvolen: Technická univerzita Zvolen, 2003, 61 s., ISBN 80-228-1274-9. 3. Müllerová J., Hloch S., Valiček J., Decreasing of emissions released by biomass combustion in hot water boiler. Chem. listy. 104 (9), 876-879, (2010) 4. Martinka, J. – Kačiková, D. - Hroncová, E. – Ladomerský, J.: Experimental determination of the effect of temperature and oxygen concentration on the production of birch wood main fire emissions. Journal of Thermal Analysis and Calorimetry 110:193– 198 DOI 10.1007/s10973-012-2261-2. Springer. 2012. 5. M Müllerová J. - Mikulìk M., Technology and safety of biomass combustion, Saarbrücken: LAP Lambert Academic Publishing, (2012) 6. ZACHAR M. - SKROVNÝ R.: Influence of heat on thermal degradation of spruce wood, Acta Fac. Xylologiae, 49(1), 61-68 (2007) 7. Müllerová J. Fire Safety Properties of Heat Treated Wood. Research Journal of Recent Sciences Vol. 2(12), 80-82, December (2013) 8. Uhrová I. - Müllerová J., Flame spread over biomass dust layer, Magdeb. brand Explosionsschutztag, Magdeburg (2013) 9. Müllerová J. - Mikulìk M., Environmental and health risks of solid fuel boilers’emissions, Košice: Multiprint, (2010) 10. Chromek I.– Benedik V. – Šmigura M. – HLAVÁČ P.:protection of wood based materials against fire by gels. ACTA FACULTATIS XYLOLOGIAE ZVOLEN, 52(2): 81−90, 2010. INTERNET SOURCES:

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Chromek I.– Benedik V. – ŠmiguraM. – Hlaváč P.:protection of wood based materials against fire by gels. ACTA FACULTATIS XYLOLOGIAE ZVOLEN, 52(2): 81−90, 2010.

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1. Emergency Technologies http://www.emergencytechnologies.com.a u/vet.htm 2. Moskva se chystá na čtyřicítky, požáry v Rusku zuří dál http://www.ceskatelevize.cz/ct24/svet/977


SECURITY DIMENSIONS 90-moskva-se-chysta-na-ctyricitkypozary-v-rusku-zuri-dal/ 3. Fire & Rescue NSW http://www.fire.nsw.gov.au/page.php?id=4 50 4. EMERCOM of Russia http://en.mchs.ru/Forces_and_Facilities/Fi re_Control_in_Russia

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5.

http://ruslet.webnode.cz/technika/ruskatechnika/letecka-technika/g-m-berjev/be200/ 6. http://ruslet.webnode.cz/technika/ruskatechnika/letecka-technika/m-l-mil/mi-14pz/

AUTHOR Roman Michalovič, Postgraduate student, Faculty of Special Engineering, University of Žilina

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Jana Müllerová MEASURABILITY AND OBJECTIVITY OF CRISIS MANAGEMENT EFFECTIVENESS

MEASURABILITY AND OBJECTIVITY OF CRISIS MANAGEMENT EFFECTIVENESS Jana Müllerová

ABSTRACT Measurability effectiveness of crisis management is a complicated matter. Its necessity is determined defense resources spent on prevention, education and rescue equipment components. Contribution indicates the direction

and the way it could move in a serious effort and calculation efficiency systems and their comparison between countries. Paper is focused on objectivity of measurement in general as a result of own reflections towards this topic.

KEYWORDS objectivity, crisis management, effectiveness

INTRODUCTION The purpose of rescue profession is to save endangered human lives, animals, property and preventive action that can prevent incidents. Whether for emergencies natural character, or which causes a person to their activities. Specific natural events such as floods, earthquakes, forest fires, fires Peter Carey, hurricanes, tornadoes, tidal waves tsunamis, volcanic eruptions, landslides, etc.. Anthropogenic incidents related to the operation of industrial technology in the chemical industry, engineering industry, nuclear, thermal power plants or traffic accidents, in particular chain of car accidents, truck accidents or cars carrying hazardous materials [1], [2]. Rescue systems available to many specialized techniques for extinguishing, salvaging, transporting rescue, extinguishing agent and the like. Members of rescue teams are trained professionals or volunteers who specialize in carrying out different activities that are generally connected with saving human lives and material values. Rescue units are organized in various state or local voluntary structures which in the legislative environment is a crisis management system. Different countries have different names, and crisis management structure of each country differ. Have a common objective and functioning of many components that make up the backbone of the entire system. Besides rescue teams is a 116

system formed by the central institution of the Ministry or institution which falls under the Ministry. The whole crisis management is legislatively anchored in the Constitution, laws, decrees regulations and other legal standards that the operation of these institutions directly or indirectly regulate. Every state in its constitution declares the protection of human life as the highest priority and value. However, preventive measures for the implementation of activities that they can limit the occurrence of incidents or mitigate the devastating consequences of incidents are often difficult from a financial perspective. Governments are now highly indebted countries usually are not willing to invest in safety and prevention as much as your system requires. The problem resides provability system 's effectiveness and efficiency of the use of financial and material funds. Aim of this paper is to promote the importance of a functioning whole crisis management, including emergency services in order to propose a way of measuring the effectiveness of crisis management system in each country. The purpose is to find an objective criterion of comparability crisis management between different countries.


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CRITERIA OBJECTIVITY REQUEST 1.1 Degree of subjectivity (objectivity) Objectivity of any analytical outputs is determined by two major factors: the accuracy of entries and the number and severity of errors in the following procedure. The risk assessment process consists of at least five phases. Each phase involves several steps that have different time and expertise needed. And at every step of the investigator or team of investigators can commit mistakes. These errors can result from inattention, fatigue, lack of training, time pressure or otherwise induced stress. Errors can also occur due to incorrect choice of the methods used or due to the failure of technical equipment. However, the most common is human fault-failing. Every individual is different, and each is subject to different influences social environment of the area, and its own mental

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processes. Therefore, the human factor is the most common cause of all the failures. On the risk assessment process usually involved a team of people who cannot be replaced by any machine. It is essential to avoid mistakes especially in the early stages. Outcomes of the preparation phase enter a phase of risk identification. Error in the phase of risk identification can have a big impact on total output and thus can fundamentally distort the result. Outcomes of identification then enter risk analysis, input output analysis is risk assessment etc. and to take measures. Whatever incorrect input has impact on risk assessment and severity of further misconduct may increase. If another error occurs in the following sequential steps or stages, there is a cumulative inaccuracies output. As long as the error is not removed it will affect then whole analysis results. Ultimately, then can be taken incorrectly or at least ineffective measures to eliminate the assessed risks.

Fig.1 Input faults influence on output results [1] 117


Jana MĂźllerovĂĄ MEASURABILITY AND OBJECTIVITY OF CRISIS MANAGEMENT EFFECTIVENESS Fig.1 Shows the accumulation of inaccuracies due to errors that occurred in the preparation or in various stages of risk assessment and their impact on outcomes. Each type of error is defined by its abundance (Ni), the severity of the error (Qi) and the time dimension. Fig.1 says that any mistake can be seen as a force that spreads over time like a wave. This wave either extinguished or from it may turn into a tsunami. Minor error not have any effect on outcomes, a fatal error may

grossly distort the results. This variant is expressed graphically in time expanding pulse. The chart resonates importance preparatory phase, where any error appear then difficulties in the risk assessment starts. The graph in Fig. 1 shows a serious error. At each stage one error will be added. Degree of subjectivity is the exact proportion of estimates and measurable inputs. This Addiction is a simplified in Fig. 2.

Fig. 2 Relation among estimations and exact inputs toward objectivity rate on input [1]

The figure above (Fig.2) shows, the greater the share expert estimates, the higher degree of objectivity. Blue point in the picture is marked in the event that in the assessment process, the risk of 20% of exact inputs, expert estimates 30% and 50% lay estimates. Characteristic Blue Point is located on the front of square drive. This page will contain such points, which means that the input is represented by the exact inputs, expert and lay estimates at the same time. Final point Location should be in 118

the interest of objectivity as closest to the basement as possible. Base square drive can be termed party objectivity. Ideally, the final point was located in the lower left corner, which features 100% share of exact inputs. Analogously rear wall square drive (0, y, z) is a partly subjective, whereas a neutral party estimates the proportion of exact inputs. Objectivity estimation depends on the ratio of lay and expert estimates. Degree of objectivity to the growing share of expert estimates of the total number of estimates entering the process. But lay estimate may not be necessarily imprecise.


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Estimate lay person can perform with good intuition and its estimate can be surprisingly accurate. Subjective feeling of insecurity that estimate is correct, however, still remains and where lay the estimates is very significant. This uncertainty is reduced profession expert forensic expert or other specialist who should be able to gain the trust and dispel doubts about the accuracy of the estimate.

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Objectivity input data is directly proportional to the share of exact inputs. Exact input can be particularly statistical data quantitative nature. As data have important qualitative in nature, they can be conveniently converted into numerical values, giving them semi-quantitative nature. These data regardless of whether they are expressed numerically or descriptively must have a real basis.

Fig. 3. Unit squaring of objectivity. 3D expression of the degree of objectivity inputs [1]

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Jana Müllerová MEASURABILITY AND OBJECTIVITY OF CRISIS MANAGEMENT EFFECTIVENESS Fig. 3 gives to the relationship expert and lay estimates and exact input data in a standardized form. Exact sum of the inputs and estimates where 1 equals 100%. Each entry situation can be interpreted by just one point with three coordinates of expressing the proportions of the various types of input variables. All combinations of input vs. In this graphical interpretation may be located on the housing (walls) square drive unit defined by the points on the axes x, y, a zero is the beginning of the coordinate system. Point arises simply by plotting the coordinates to rectangular Cartesian coordinate system. There will be a point in three-dimensional space situated on the surface of the squaring on Fig.3. The main problem of any comparison is its objectivity. Objectively compare the functionality of crisis management between countries is very difficult. There are numerous criteria and a number of considerations such as can be seen throughout the crisis management system in the country. The main aspect of crisis management functionality should be preparedness to intervene and rescue efficiency. Another measure would be the effectiveness of preventive activities. Since it is known that undertake specific financial amount in prevention can save you up to 10 times the damage caused by future incidents. This number appeared concerning the lack of warning systems before the tsunami, which in 2004 have killed around 320,000 people. The main objective of preventive measures has always been and will save lives and value of human life cannot be quantified. Yet globally, many people fall victim to an emergency because of the absence of preventive measures or due to failure of the system response to incidents. CALCULATION OF EFFICIENCY Effectiveness of preventive measures is difficult to measure and therefore determine the effectiveness of preventive measures is very difficult to calculate. [4], [5] Preventive measures are varied in nature. May be an investment in material resources, investment in staff training, the education in schools nationwide campaign or the like.

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Calculate the effectiveness of preventive measures for the protection of property is theoretically possible as follows (1): ߤ௉ெ  ൌ ቆͳ െ

σ௜ ‫݌‬௜ ቇ Ǥ ͳͲͲሾΨሿሺͳሻ σ௜ ‫ܯ‬௜

Efficiency is expressed as a share of the amount of resources spent on preventive protection material valles and the total value of assets protected. The result is expressed as a percentage. An example might be criticized investment in flood wall in Prague, which cost about 70 000 CZK. This was already the following year, i.e. 2002 successfully installed in the floods. This barrier protects the entire old city of Prague. Quantifying the value of a substantial part of the historical center, however absurd this experiment works, it ranged in the hundreds of billions of crowns. In that case, the calculated value of the effectiveness of preventive measures rounded equal to 100 % (1). Criticism effectiveness expending funds are usually concerns of alternative preventive solutions. This issue will not be addressed, as rather to corruption and cronyism. Another common precautions include first aid courses. Their efficiency from a mathematical point of view can be easily counted again as follows: ߤ௉௉  ൌ

σ ܼ௣ Ǥ ͳͲͲሾΨሿሺʹሻ σ ‫ܣ‬௣

While it is possible to calculate the absolute number of graduates first aid courses (Ap) it is almost impossible to track down how many of them actually use these skills in practice by providing first aid saved a human life. Value Zp i.e. saved human lives is hardly detectable. This relationship (2) does not take into account the financial aspects by the fact that many graduates take courses repeatedly. Moreover, opportunities to apply skills learned in first aid courses are not common, and the vast majority of people never. Hence the value of this indicator will be very low. This does not mean that the first aid courses are useless. Highlights the difficulty of measurable effectiveness of preventive and educational measures aimed at saving lives.


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It sounds better more detailed approach to measuring the effectiveness outlined below in equation (3). If we put in the ratio of the number of trained people who were present at the scene of an emergency and are able to provide effective first aid (App) and on the other hand, the number of rescued persons (Zp), which gave to save lives, we would get a completely different statistics. Although survey data would be extremely difficult again. ߤ௉௉  ൌ

σ ܼ௣ Ǥ ͳͲͲሾΨሿሺ͵ሻ σ ‫ܣ‬௣௣

Force alone could rescue can be expressed as follows: ߤ௓஺  ൌ

σ ܼ௣ Ǥ ͳͲͲሾΨሿሺͶሻ σ ܱ௣

This ratio is again the number of rescued persons for rescue and denominator (4) the number of persons at risk for life at the moment of occurrence of an emergency. Even when it comes to saving lives, the overall statistics rescued and vulnerable people are quite rare. According to official information, the Ministry of the Russian Federation for civil defense, emergencies and elimination of consequences of natural disasters (abbreviated EMERCOM ) State fire service has 220,000 firefighters, 13 600 buildings, 4,000 fire stations, 18,364 fire trucks, 49 fire motorboats. In addition, there are areas in Russia, general, trade unions and voluntary fire brigades with different levels of equipment. Total annual saving more than 90,000 lives and prevent damage of 120 billion. Rubles (2.8 billion EUR) [3]. Being endangered human lives in emergencies was about twice as high. So we can say that the indicator has μ_ZA for Russia 50%. The overall effectiveness of the crisis management system (5) would be formed by a summary of characteristics with appropriate weights, ie significance of these indicators. ߤ஼ெ ൌ ܸ௓஺ ߤ௓஺ ൅ ܸ௉ெ ߤ௉ெ ൅ ܸ௉௉ ߤ௉௉ ൅ ‫ ڮ‬ሺͷሻ Or generally expressed

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ߤ஼ெ ൌ ෍ ܸ௜ ߤ௜ ሺ͸ሻ ௜

Where Kde Vi is the weight of i-th efficiency and ߤ௜ is the efficiency of the i-th indicator of the effectiveness of crisis management. Weights of individual indicators should indicate their significance and therefore determining the weights should reflect the greater importance of human life compared to material values. This simplified way, in my opinion it was possible to compare the effectiveness of crisis management system. APPLICABILITY OF CALCULATIONS Most important think in any measurement is its accuracy. Therefore most accurate statistical data are needed before starting any calculations and comparing. There are also another factors which need to be met to reach the goal of objective assessment and comparing of crisis management systems. Conditions are following: · Clear goal definition · Objectivity of inputs o Statistic data accuracy o Expert estimation o Lay estimation · Relevancy of inputs · Good objective choice of criteria · Choice of proper methods · Correct application of methods / calculations · Correct interpretation · Correct and fair evaluation When these conditions are followed the result should be objective and proper, even if the author don’t like the results. The rates and indexis should be compared rather than absolute statistical numbers. CONCLUSION The main problem of objectively assessed the effectiveness of crisis management is the measurability of the effectiveness of invested funds, whereas values that are conserved are 121


Jana Müllerová MEASURABILITY AND OBJECTIVITY OF CRISIS MANAGEMENT EFFECTIVENESS often incalculable. Value of human life or historical value historical centers full of monuments can not be quantified. The biggest obstacle the proposed method is the availability of individual statistical data as well as the variety of measures that would have to be included in the equation (6). However, the high explanatory power attributed indicator (5), which I would assign much weight and thus efficiency indicator rescue can best testify to the effectiveness of the system. The main ambition of this article was to suggest a way how to arguabily and measure effectiveness rescue systems respectively crisis management systems. The focus is on objectivity of results which is given by objectivity of input data. This simple approach could help in defending the

money spent on prevention of saving human lives and material values in the process of approval from the state budget for this purpose. The rates and index should be compared rather than absolute statistical numbers.

REFERENCES 1. Šinovsky J.: Societal risk identification and analysis. [Doctoral Thesis]. University of Zilina. 2012. 135p. 2. Buzalka, J.: Teória bezpečnostných rizík. APZ, Bratislava, 2012, 168p.

AUTHOR Doc. Ing. Jana Müllerová Faculty of Special Engineering, University of Žilina.

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SOCIAL MEDIA IN THE PR ACTIVITIES OF THE POLISH UNIFORMED SERVICES USING THE EXAMPLE OF THE “POLISH POLICE” FACEBOOK PROFILE Aleksandra Powierska

ABSTRACT The development of information technologies in the last two decades has made traditional public relations tools insufficient. New media, in particular social media, has opened up the possibility of establishing a direct contact with the public and using a brand to build long-lasting relations. A platform serving a special role in PR

activities is Facebook, whose importance has already been noticed by the Polish uniformed services. The presented analysis of the “Polish Police” profile shows how and to what extent the Police utilize Facebook to create their online image and build relations with the public.

KEYWORDS police, uniformed services, public relations, social media

INTRODUCTION Attention to one's image and reputation is now of high priority, both among commercial companies as well as public services. But building positive relations with the public is a difficult task that demands to be carried out within a coherent strategy. Contrary to commercial companies and organizations, whose aim is to sell particular goods or services, the public relations activities of uniformed services concentrate on increasing the credibility and social trust towards their units. The latter is of key importance because social trust directly translates into the effectiveness of activities undertaken by the Police, the State Fire Service and the Border Guard. The expansion of Web 2.0 solutions in the last decade, in particular the development of social networking services, such as Facebook, Twitter and YouTube, has introduced new quality to PR activities. The creators of the strategies for building positive relations with the public have been given means of contact with the public and direct response to their demands. Therefore, it should come as no surprise that also the Polish uniformed services have come to utilize social media in their PR activities. The analysis of their

Facebook profile shows how the Polish Police use the platform to create their image and which of the areas of their activities they recognize as the most important to building social trust. This article presents the results of a study which analysed the content published on the “Polish Police” fan page between 4 June and 18 October 2013. The categories of coding particular posts were selected in such a way as to facilitate the study results to answer the following research questions: · ·

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How does the Police utilize Facebook in their public relations activities? What image of the Police as a uniformed service emerges in the course of the analysis of their Facebook profile? What type of content and for what purpose is most frequently published?

The results of the analysis and the detailed methodological assumptions are presented in the final part of this article. In order for the reader to fully understand the discussed topic, this is preceded by a presentation of the main theoretical conceptions concerning public relations and in particular image-building activities in uniformed 123


Aleksandra Powierska SOCIAL MEDIA IN THE PR ACTIVITIES OF THE POLISH UNIFORMED SERVICES… services and the direction of their development and change influenced by the development of Web 2.0. PUBLIC RELATIONS IN THE POLISH UNIFORMED SERVICES – MAIN GOALS OF ACTIVITIES Public relations is a sphere of marketing activities which has been defined in a variety of ways. But in spite of this multitude of theoretical perspectives, most of the definitions emphasize the same or similar elements. They are encompassed by a definition proposed by Rex Harlow on the basis of his analysis of 472 definitions of other researchers.1 Harlow defines PR as: „(…) the distnictive management function which helps establish and mantain mutual lines of communication, understanding, acceptance and co-operation between an organisation and its publics; involves the management of problems or issues; helps management to keep informed on and responsive to public opinion; defines and emphasizes the responsibility of management to serve the public interest; helps management keep abreast of and effectively utilize change, serving as an early warning system to help anticipate trends; and uses research and sound and ethical communication as its principal tools”2.

This definition underlines the role of organizations in building relations with the public, responding to crisis situations while taking account of the public interest and maintaining ethical standards. The role of public relations is to serve the development and progress. However, given the specific character of the activities undertaken by the uniformed services, in particular by the Police, a more adequate definition of PR is the one proposed by the Chartered Institute of Public Relations, one which stresses the importance of reputation and public opinion: „Public relations is about reputation – the result of what you do, what you say and what others say about you. Public relations practice is the discipline, which looks after reputation – with the aim of earning understanding and support and influencing opinion and behavior. It is the planned and sustained effort to establish and maintain K. Butterick, Introducing Public Relations: Theory and Practice, London 2011, p. 6. 2 R. Harlow, Building a Public Relations Definition, “Public Relations Review”, 1976, vol. 2(4), p. 36. 1

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goodwill and mutual understanding between an organization and its publics”3.

As Paul Baines, John Egan and Frank Jefkins emphasize, PR activities should not be identified with advertisement, while one of the main factors distinguishing the two spheres is the addressee of the message. The authors mention the police, fire service and emergency service as services which address their message to a wide circle of audiences but, at the same time, are not directed at the sale of products or goods.4 This is because the activities of the uniformed services have little to do with advertising since they utilize PR tools primarily to build a positive image of their own units and gain social trust. According to Sławomir Gawroński, the main goals of the uniformed services' PR also include warning the citizens about potential danger, increasing their sense of security and “building social acceptance of the uniformed services' functioning which results in cooperation and support of the general public with respect to the activities undertaken by these services”.5 In achieving these goals, the services make use of the support provided by the activities relating to media relations – a part of PR focusing on the cooperation of the services with the media, one that offers a possibility of reaching mass audience. The duties pertaining to this area are usually assigned to spokespersons or press offices of particular services.6 As Gawroński points out, of all the uniformed services in the country, it is the Polish Police that possess the most developed organization of press services. Appointed spokespersons, press officers and other officers authorized to release information to the media perform the tasks which are in the competence of the Police Commander in Chief, the Capital Police Commander and provincial and district commanders.7 The tasks of the press services are similar at every level and focus K. Butterick, op. cit., p. 7. P. Baines, J. Egan, and F. Jefkins, Public Relations. Contemporary issues and techniques, London 2004, pp. 18–19. 5 S. Gawroński, Media Relations służb mundurowych w Polsce. Analiza wybranych formacji, Kraków-RzeszówZamość 2011, p. 138. 6 Ibidem, p. 28. 7 Ibidem, p. 151.

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SECURITY DIMENSIONS mainly on informing the media about current activities and actions of the Police, providing opinions and substantive explanations and responding to all accusations and criticism of the press.8 In light of the present study it it important to characterize the Press Service of the Polish Police Headquarters (PPH), as it is the website of the Polish Police Headquarters that the “Polish Police” fan page links to. The press service of the PPH is headed by the Spokesman of the Police Commander in Chief. As Gawroński points out, the duties of both units coincide in many respects.9 Apart from informing the press about current activities of the PPH, the Press Service is responsible, inter alia, for monitoring the media, “participating in developing the conceptions of information activities in the country concerning the undertakings of the Police organizational units that lead to solving major problems pertaining to social pathologies, criminogenic phenomena as well as prevention and the contacts with the general public”,10 but also editing the website of the PPH.11 An analysis of the layout of the latter, in particular the presence of social plugins that connect to YouTube and Facebook, shows that in their work, the Press Service takes account of the development of social networks and utilizes solutions which belong to the public relations of the Web 2.0 era. PR 2.0 – NEW WAYS OF BUILDING RELATIONS WITH THE AUDIENCE

Due to technological development and the increasing availability of the Internet, new ways of direct contact with the audience have gained in popularity. Despite the fact that a direct contact with journalists, organizing press conferences and releasing press information are still important for the uniformed services, running a website and being active in social media have become an equally significant element of their PR strategies. Ibidem, pp. 151–155. Ibidem, p. 158. 10 Official website of the Polish Police Headquarters, http://www.policja.pl/pol/kgp/zespol-prasowy/86055,ZespolPrasowy-Komendy-Glownej-Policji.html, (2 November 2013). 11 Ibidem.

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Especially the latter offer new possibilities of contacting the public. David Meerman Scot states that in the age of the new media, new principles have come to govern the PR. People are no longer satisfied with the role of a passive audience and they now demand participation. The field of public relations has developed beyond being merely an image of a company or organization created by well-paid specialists. The opinions expressed by customers and published on company websites, blogs and social networking services are now being recognized as an equally important part of PR, because it is these opinions which indicate how the public perceive a given subject and what expectations they hold for a particular company or organization. According to Scot, “the Internet has made public relations public again, after years of almost exclusive focus on media”.12 Arguably, the above opinion is as valid for the PR of business subjects, with regard to which it was formulated, as for the PR of non-profit organizations, public institutions and the uniformed services. In her book “PR 2.0: New Media, New Tools, New Audiences”, Deirdre K. Breakenridge points out that PR 2.0 offers not only the possibility to build long-lasting relations with audiences based on contact and direct response to their needs. The development of the new media has facilitated the creation of citizen journalism services as well as the growth in popularity of the blogosphere. Many bloggers and citizen journalists have won recognition and respect in the world of the media, including traditional media. They have become important “players” in the process of building positive relations with the public.13 In light of the above change, utilizing the new media, in particular social media, by the services handling the PR of the Polish Police appears to have become a necessity. One of the ways of contacting the public is to maintain the official profile of the PPH on Facebook.

8 9

D.M., Scot, The New Rules of Marketing and PR: how to use social media, online video, mobile applications, bolgs, news releases, and viral marketing to reach buyers directly, New Jersey 2007, p. 36. 13 D.K., Breakenridge, PR 2.0: New Media, New Tools, New Audiences, New Jersey 2008, p. 15. 12

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Aleksandra Powierska SOCIAL MEDIA IN THE PR ACTIVITIES OF THE POLISH UNIFORMED SERVICES… the world around and explanations of various phenomena, issues and problems), affective needs (providing emotional and aesthetic experience), and the need for social integration (expanding the potential sphere of contact with other media).”16

“POLISH POLICE” ON FACEBOOK – ANALYSIS OF THE OFFICIAL PROFILE OF THE POLISH POLICE HEADQUARTERS The official Facebook profile of the Polish Police Headquarters14 was created on 13 May 2010. As of 3 November 2013 it has 15,798 fans, that is people who have expressed their interest in the profile by clicking the “Like” button. The basic information provided in the “About” section of the fan page include the address of the PPH and the following description of the mission of the service: “Police is a uniformed and armed force, whose main goal is to serve and protect the people, and to maintain public order and security. It comprises the following services: criminal, preventive, investigative, Police aviation service and the logistical support Police which handles organizational, logistic and technical matters. Police services also include judicial police.”15

The content published on the fan page mostly consists of posts, photos, videos and events created by the use of an internal Facebook application, which allows to directly inform other users about a forthcoming event by the option of inviting them to join. The analysis of the posts published between 9 May and 18 October 2013 covered a total of 45 posts. A qualitative data analysis programme called MAXQDA was used for content coding. The content was analysed in two categories, for which separate codes were distinguished. The first coding referred to the degree of compatibility of the published posts in relation to the needs expressed by the users of mass media. Studying the media image of crime, Katarzyna Witkowska points out that the role of the media is to meet specific needs of the audience: “Providing information by the mass media significantly contributes to satisfying particular needs of an individual, in particular cognitive needs (acquiring information and knowledge about 14 That it is officially maintained by the Police is suggested by a social plugin on the PPH's website which links directly to this fan page. Moreover, the “About” section of the profile holds the following address: KOMENDA GŁÓWNA POLICJI (“Polish Police Headquarters”), ul. Puławska 148/150, 02624 Warsaw, Telephone: +48 22 621-02-51. 15 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL/info, (3 November 2013).

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In light of the above distinction, the following types of posts were included in the first category of coding of the “Polish Police” fan page posts: - posts satisfying the cognitive needs of the user, - posts satisfying the affective needs of the user, - posts satisfying the users' needs for social integration. Within the period under analysis, the most numerous group of posts were those serving an informational function, i.e. those which satisfied the first of the needs mentioned above. They were 27 posts related to apprehension reports, committed crimes and other Police interventions. They presented information gathered from the whole country and each included a link allowing to read the full article on a given topic on the PPH website. The affective needs of the users were satisfied by the published photos presenting uniforms and equipment of police officers. Those were professional and highly aestheticized photos showing police cars, motorbikes, a police boat and police officers preparing for action. The photos are added as so-called “cover photos”, which makes them the main element of the profile's visual identity along with the logo.17 The photos were originally part of a photo exhibition “Nowoczesna Policja w obiektywie” (“Modern Police on camera”) of a well-known photographer Michał Drabikowski and were intended to present the “different face of the Police”18 by showing, inter alia, “superbly trained men and modern K. Witkowska, Medialny obraz przestępczości oraz jego oddziaływanie na kształt realizowanej polityki karnej, [in:] Media w Polsce. Pierwsza władza IV RP?, M. Sokołowski (Ed.), Warsaw 2007, pp. 115–116. 17 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/media/set/?set=a.363225257031 967.84145.121526247868537&type=3, (3 November 2013). 18 Official website of the Polish Police Headquarters, http://www.policja.pl/pol/aktualnosci/88573,dok.html, (3 November 2013) 16


SECURITY DIMENSIONS equipment – police cars, helicopters, motorbikes, quads and a pyrotechnic robot”19. It can be inferred that the photos served the function of emphasizing the professionalism and importance of the uniformed services, while it is also important to note considerable graphical work that was put into the presented pictures. Posts which concerned social campaigns or directly called for participation in a particular event satisfied the users' need for social integration. Nine posts were classified under this category, of which two are particularly worthy of note. The first read: “>>Whoever saw, whoever knows<< – Wanted”20 and linked to the PPH's website, on which users could report a person missing or leave a message concerning people having the “wanted” status in the Police database. The post is an example of a call for social mobilization and help in finding people who broke the law. The second post concerned the Police Holiday and invited users to actively participate in its celebration:“Central Police Holiday celebration. The Police Holiday is a special day for officers. It is the time of promotion, nominations and decorations – of both the police officers as well as those who work with them every day. Central celebration will be held in Warsaw beginning 20th July. In celebration police officers will be joined by representatives of the state's highest authorities, academic circles, associations and – most importantly – people who receive the support of the Polish Police daily. The Police Holiday is also a massive family picnic which will be held on Sunday on Agricola.”21 Two aspects of the post may be indicated as having an integrating character. First, the Police Holiday was not an event held for police officers but first and foremost for people whom the Police serve. Second, it had the form of a picnic, that is an event that one could celebrate with the whole family. The Police Holiday was therefore an event that promoted the integration between police officers and members of the public and between the citizens themselves. Ibidem. Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013). 21 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013). 19 20

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The list of posts divided with regard to their number is presented in the table below: Table 1. Posts published on the “Polish Police” fan page divided according to the satisfied needs of the user

TYPE OF PUBLISHED CONTENT WITH REGARD TO THE NEEDS OF THE USER

Posts satisfying the cognitive needs of the user

Posts satisfying the affective needs of the user

Posts satisfying the users' need for social integration

28

8

9

NUMBER OF POSTS

The second type of coding covered primarily the type and subject of the published content. The classification and analysis of this data allows for the determination of what image of their own units the Police want to show to Facebook users and how they attempt to build relations with the fans of their profile. The posts were divided into the following categories: - reports of police actions, - posts which promoted campaigns and social actions of the Police (or actions in which they took part), - posts which explained the functioning of the Police, - posts which informed about police events and holidays, - posts and photos which shaped the image of the Police. The first category was the most popular one on the “Polish Police” fan page and contained 20 posts published in the period under discussion. They concerned actions of the Police that were successfully carried out in various regions of Poland and resulted in apprehending criminals, closing down of an illegal tobacco factory, intercepting illegal drugs and detecting fraud. What is worth mentioning, they also included three posts which showed the heroism of police officers and at the same time emphasized the fact that the Police serve the ordinary man. The first of them concerned two policewomen who saved an elderly woman from the fire. The post read as follows: “Policewomen saved a woman from the fire. Exceptional vigilance of policewomen from 127


Aleksandra Powierska SOCIAL MEDIA IN THE PR ACTIVITIES OF THE POLISH UNIFORMED SERVICES… Żyrardów saved the life of a 73-year-old woman who lost consciousness in attempting to put out grass fire. Had it not been for a quick reaction and help of the policewomen, the event could have had a truly tragic conclusion.”22 Another post concerned a police officer who over the phone instructed desperate parents on how to give first aid to their child: “A police officer saved the life of a 2-week-old girl. 'My child stopped breathing, please tell me what to do!' – this dramatic call for help was received by assistant duty officer in Police Headquarters in Częstochowa, Senior Sergeant Damian Bachniak. The officer calmed the parents down and instructed them on what to do to make the little girl breathe again. His composure and knowledge of first pre-medical aid probably saved the life of the baby.”23 The third post described how a police officer provided immediate help to a football player: “A police officer saved the life of an Odra Club player. Dramatic events unfolded during he match of Odra Opole. One of the players collapsed in the 60th minute of the match. He received immediate help from a police officer from the Independent Preventive Police Subunit of the Provincial Police Headquarters in Opole. This probably saved his life.”24 It is worth noting that each of these posts contained the word “saved” and underlined the desired features of a police officer: composure, quick reaction and experience. These rhetorical techniques were used to emphasize the reliability of the Police and their readiness to bring help to citizens. It can be inferred that the goal was achieved: the posts discussed above met with a positive reaction of Facebook users and received a total of 977 “Likes”, while their content was shared 104 times. The comments made to the posts expressed congratulations and recognition. The Police had an opportunity to inform the public of their own success on their own (without the involvement of journalists) but they also received response directly from the users, some of which 22 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013). 23 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013). 24 Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013).

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also expressed specific expectations of police officers. However, it must be admitted that as much as the posts published to the profile wall did accomplish its PR goal, the lack of response to the accusations expressed by the users in the comments to the posts may indicate difficulties in the situation of a communication crisis. The “Polish Police” profile also hosts messages which promote social campaigns and actions organized or co-organized by the Police. One of the initiatives which received the greatest promotion in the discussed period was the campaign entitled “Kieruj się rozsądkiem” (“Follow your reason”). It was addressed to pedestrians, senior citizens and motorcyclists and encouraged “all road users to behave safely on the road, show more kindliness, refrain from aggressive behaviour and observe the law”25. Another Police initiative that is worth mentioning from the point of view of using PR strategies was the action which raised drivers' awareness of the dangers of using mobile phones while driving. It was a joint campaign of the Police and the Ani Mru Mru Cabaret. By inviting famous people to join their campaigns the Police are able to warm up their image and build positive relations with the public. The initiative was well received: 110 people expressed their approval by clicking the “Like” button. The above promotion of such campaigns on Facebook may be interpreted as aiming to show the Police as socially engaged service whose priorities include the education of the public and which is also open to cooperation with other subjects. There were only three posts which belonged to the category of posts which explained the functioning of the Police. They referred to the following topics: the procedure of testing the sobriety of drivers who refused to undergo such tests, the tests of ISKRA radars and a disclaimer concerning a computer virus by the use of which hackers attempted a false impersonation of the Police. Such a small number of posts may raise reservations. One of the basic principles of building relations with the public, a fact which is especially relevant for public institutions and the uniformed services, is to ensure that the citizens Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013).

25


SECURITY DIMENSIONS understand how they function. It appears that Facebook is the perfect means to promote this understanding and engage in a direct dialogue with the platform's users in order to clear up their particular doubts. However, there is no such interaction on the “Polish Police” fan page and the users' questions remain without an answer. A small number of posts was also classified under the category of posts which informed about police events and holidays. As has been noted above, such messages have a significant potential for integration, while the information concerning the launch of the “Nowoczesna Policja w obiektywie” exhibition had a particular importance for shaping the image of the Police. Posts which provided information about the celebrations of the Police Holiday met with a positive response of the users who expressed their solidarity and approval by posting numerous comments with wishes and praise. The event became the opportunity for both a real as well as virtual meeting. There were 10 posts which shaped the image of the Police, most of which included the above-described photos from the professional photo session. Moreover, there was yet another publication which deserves to be mentioned, namely that of a photo album called “Czworonogi w Policji” (“Police Pets”).26

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It is an example of action aimed at raising the users' interest and sympathy, one which also perfectly fit the narrative trends of Facebook since images of animals are a popular form of posts that have a high viral and communication potential. This category also included posts portraying the Police as a professional and reliable service: “66 PERCENT OF POLES APPRAISED HIGHLY THE WORK OF THE POLICE. The majority of Poles highly appraise the activities of the Police. A survey of the appraisal of public institutions carried out by the Public Opinion Research Center between 5 and 12 September 2013 shows that only some media receive better appraisal than the Police.”27 The study was quoted not only to provide the information but also to prove that one should trust the Police if the majority of citizens did so. The list of posts under the discussed category, divided with regard to their number, is presented in the table below:

Table 2. Posts published on the “Polish Police” fan page divided according to the subject

TYPE OF THE PUBLISHED CONTENT WITH REGARD TO SUBJECT

NUMBER OF POSTS

Reports of police actions

Posts which promoted campaigns and social actions of the Police

Posts which explained the functioning of the Police

Posts which informed about police events and holidays

Posts and photos which shaped the image of the Police

20

8

3

3

10

Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (3 November 2013). 26

Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL, (4 November 2013).

27

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Aleksandra Powierska SOCIAL MEDIA IN THE PR ACTIVITIES OF THE POLISH UNIFORMED SERVICES…

CONCLUSIONS The analysis described above shows that the Police utilize Facebook primarily to shape their image as the uniformed service that are professional, efficient as well as socially engaged and open to the needs of the citizens. The prevalence of posts concerning successful police interventions demonstrates that the main priorities of the Police are fighting crime and protecting the citizens. Such messages are intended to increase social trust and the public sense of security. At the same time, photos of police officers and invitations to join police events bring the Police closer to the ordinary man. It can be argued that, similarly to the ways of maintaining contact with journalists, also the publication of fan page posts is a thought out albeit an irregular process. As is rightly pointed out by Witkowska, such a selection enables a more precise control of how these messages are received by the audience:

image-building activities of the Police and strengthen their relations with the audience, especially when the members of the online community ask specific questions. However, this does not change the fact that Facebook is an important social platform which allows the Police to provide the public with information unlikely to be published by traditional media. The structure of the published content also indicates what the Police consider to be their priority and what are the actions which they want to be representative of them. But the fact that the public hold interest in the “Polish Police” profile is not attributable to the PR skills of its moderator alone. Witkowska distinguishes three major factors influencing public interest in media reports on crime: “First, an 'encounter' with information concerning crime reinforces an individual's conviction that he or she is 'normal' and increases his or her selfesteem (which occurs when one 'compares himor herself' to the criminal, the 'derelict' who commits that which is forbidden). Second, such information helps to create a distance between oneself and those who break the law. Third, information concerning a committed crime satisfies people's curiosity and offers entertainment, thus breaking the commonness and boredom of socalled everyday life.”29

“Controlling the flow of information, the Police are able to implement their policies, the press policy and the social cooperation policy, in a more coherent manner. By selecting information, they are able to shape the desired image of the Police held by the public.”28

The official Facebook profile has become the medium which offers the Police the best opportunity to influence how they are perceived by the public. In contrast, their media image in press and television is largely dependent upon the character of a particular programme or the profile of the news but also, to the greatest extent, on the type of crime that is being reported – the more a given crime “appeals” to the media, the more it is profitable to the broadcaster or publisher. In spite of this, it appears that the opportunities offered by the “Polish Police” fan page are yet to be fully utilized. The published posts initiate discussion among the users who often comment them, ask additional questions and pass their remarks. Unfortunately, most of them remain unanswered. Even though the “Polish Police” profile offers information on the users' expectations and the type of content they are most interested in, its moderators do not engage in direct interaction with the users. Such discussions could support 28

K. Witkowska, op. cit., pp. 118–119.

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All of the above are adequate also in relation to the Internet users. Furthermore, social media has given its public not only the possibility to follow media coverage and reports but also to express their opinions and discuss them with other members of the online community. This opportunity to express one's opinion may be regarded as the fourth factor stimulating public interest in crime – and thus also the activities of the Police – a factor which emerged with the development of social media. To conclude, the “Polish Police” profile is both a response to the interest of Facebook users but also a tool for creating a positive image and building relations with the audience. It allows the Police to show their efficiency in various aspects of their service, while the Internet users are given access to materials which are not shown in television or published in press. The very fact that 29

Ibidem, p. 117.


SECURITY DIMENSIONS the Police maintain their own Facebook profile indicates that they see the need for a direct contact with the public, also by utilizing the new media, a need which can be satisfied to bring the Police closer to the citizens.

REFERENCES 1. Baines, P., Egan J., Jefkins, F., Public Relations. Contemporary issues and techniques, Routledge, London 2004. 2. Breakenridge, D.K., PR 2.0: New Media, New Tools, New Audiences, Pearson Education, New Jersey 2008. 3. Butterick, K., Introducing Public Relations: Theory and Practice, Routledge, London 2011. 4. Harlow, R., Building a Public Relations Definition, “Public Relations Review”, 1976, vol. 2(4), pp. 34–42. 5. Gawroński, S., Media Relations służb mundurowych w Polsce. Analiza wybranych formacji (Media Relations of the uniformed services in Poland. An

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analysis of selected services), KrakówRzeszów-Zamość 2011. 6. Scot, D.M., The New Rules of Marketing and PR: how to use social media, online video, mobile applications, blogs, news releases, viral marketing to reach buyers directly, John Willey & Sons, New Jersey 2007. 7. Witkowska K., Medialny obraz przestępczości oraz jego oddziaływanie na kształt realizowanej polityki karnej (Media image of crime and its influence on the implemented criminal policy), [in:] Media w Polsce. Pierwsza władza IV RP? (Media in Poland. The first power of the 4th Republic of Poland?), M. Sokołowski (Ed.), Wydawnictwa Akademickie i Profesjonalne, Warsaw 2007. NETOGRAPHY: 1. Official website of the Polish Police Headquarters, http://www.policja.pl. 2. Official Facebook profile of the Polish Police Headquarters, https://www.facebook.com/PolicjaPL.

AUTHOR Aleksandra Powierska – PhD student at the Institute of Audiovisual Arts, Faculty of Management and Social Communication of the Jagiellonian University in Cracow, and a member of the Jagiellonian University PhD Students Fellowship and the Polish Society of Cultural Studies, she specializes in the field of television and the new media but in her research also takes up subjects in gender studies.

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Radosława Rodasik, Ewelina Ćwiertnia, Aleksandra Skórzak COMMUNICATION AND LANGUAGE IN PRISON

COMMUNICATION AND LANGUAGE IN PRISON Radosława Rodasik, Ewelina Ćwiertnia, Aleksandra Skórzak

ABSTRACT Prison subculture is a group that is only found in isolation prison. In every social group as components can be distinguished: members, features and rules to ensure the identity and continuity of the duration of the group, psychosocial mechanisms created to achieve the objectives, supporting elements internal consistency group, institutions and the system of

social control, patterns of interactions, institutions and measures to regulate contact and relations with other groups, which together form a metalanguage crime. A feature of prison subculture is an informal system of rules, norms and values, and is considered to be deviant subculture.

KEY WORDS prison slang, tattoo, prison subculture, sign language

PRISON SLANG The concept of criminal slang had found interest already in XVIIIth century. In 1867, judge K. Estraycher wrote in Gazeta Polska: “Judicial practice made it easier for me to explore this inaccessible for the uninitiated language. Getting to know the villains’ speech is needed during judicial practice. Exploring it had frequently served me as a mean to discover a criminal. There is plenty dictionaries written for authorities; there was even a gypsy-jewish grammar used by prisoners written in German language. It was published in Frankfurt, in 1704. Language of criminals – not quite perfect – is used as a way of communication in Germany and France, therefore Security Service is organizing convents on which advices about villains’ language are being given. Scholar could idly rack his brain about etymology of certain words. Their names clearly shows that they were being created by some high-class prisoners!”. Prison slang was also a subject of interest of Polish National Police during interwar. “Authors of the publication had been proving that Public Safety Service would do their best when during the investigation all technical means that nowadays, according to the newest results of 132

criminological knowledge, police is in possession of and that can reveal the truth of a criminal if used correctly’.1 There are numerous dictionaries of prison slang. One of them is Klemens Stępniak’s dictionary in which he gives us a definition of “grypsowanie” (a cant, secret language typical for prisoners). He presents it as a prison slang, but also – as a secret, illicit way of communication between convicts using slang and mimic alphabet, that is communication by gestures. This mimic alphabet is called ‘różaniec’2 (polish for ‘rosary’). Available on the market is also a book by Maciej Szaszkiewicz3, which includes an information of one of the ways to communicate called ‘miganka’, that is a mean of a nonverbal communication, which consist on a signs showed with the fingers of both hands or just one hand or even a part of face. It is used in situation when interlocutors can hear, but cannot see each other or simply don’t want to be heard by others. Presenting letters with Ludwikowski, H. Walczak, Żargon mowy przestępców, Warszawa 1923, s. 24. 2 K. Stępniak, Słownik gwar środowisk dewiacyjnych, wyd. Zarys, Warszawa 1986, s. 36. 3 M. Szaszkiewicz, Tajemnice grypserki, wyd. Unikat Kraków 1997, s. 45. 1W.


SECURITY DIMENSIONS one hand or a face part happens when one of the hand aren’t free. In that case – a cheek can replace an line of a letter and inflated cheek – an circle or a “tummy” of a letter. The attempt of a decomposition of prisoners’ code in the mid 60s was taken by Jacek Morawki. He determined that codes of gestures and mimicry that criminals use on liberty serve as a mean of communication not only when committing a crime, but also to warn others of a threat that’s ahead. And so – the trademark used in a situation of that kind is so called ‘ślip’, a slight squint of left eye and a glance of right eye in a direction of a nose and a sign that consist on bending right forefinger and touching a thumb with it. Among warning signs there are: repeatedly bending or pointing of finger, usually a thumb, breaking a match in fingers. Another kind of codes presented by book’s author are different signs used by prisoners without their liberty: bothhanded alphabet “łapki”, showing letter in the air, a kind of communication that uses grating as an equivalent of different letters, Morse code (using a thumb or knocking on the wall or radiator), passing information by ray of light or a mirror4. The topic of communication between prisoners was also took by Zbigniew Bożyczko, who deeply described the way of pickpockets.5

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and presented whole finger alphabet used in monasteries and then in teaching deaf people was Spanish Franciscan, Fray Melchior de Yebra.6 In Poland, finger alphabet was introduced in 1817 by priest Jakub Falkowski, who was a creator of the Institute of Deaf-mutes – first school for deaf. As a result of a development of sing language in many countries, also finger alphabets (which are an unbreakable part of them) managed to create some differences among them. Great Britain decided to keep XVIIth century both-handed alphabet. This English alphabet came to Poland in XXth century and until 1949 was used by scouts in a field games and in some prisons7. The deaf is a group most frequently using ideographic signs of sign language. But there were some situations of using finger alphabets among other groups. In 1964-1965 there was a trial of introducing polish sign language among scouts, unfortunately – this initiative never went out of the capital. It probably happened because of scouts who were arrested for political reasons in the 40s and 50s of XXth century8. Analysis and comparison of dactylograms of prison’s language with English alphabet confirm thesis of partly common history of these signs9. THE MEANING OF TATTOOS IN PRISON SUBCULTURE

SIGN LANGUAGE OF CRIMINAL ENVIRONMENT Sign language is a way of communication between the convicts, wards of reformatory, but also free people. It wasn’t examined enough yet and still requires studies on this form of coded language. So called ‘finger’ alphabets are nowadays an inherent element of sign language among deaf. They are older than sign language itself. They were created by people that could normally hear for their own use. First historical information dates back to XII century, when finger alphabet was created by tacit Cistercians. First one to describe 4J. Morawski, Gestowe i mimiczne kody przestępców, "Problemy Kryminalistyki" 1965, Nr 58, s.12. 5Z. Bożyczko, Kradzież kieszonkowa i jej sprawca, wyd. Praw., Warszawa 1962, s. 44. 6 B. Szczepankowski, Podstawy języka migowego, Wyd. WSiP, Warszawa 1988, s. 29. 7 B. Szczepankowski, Lektorat języka migowego, Wyd. WSiP, Warszawa 1986, s. 67.

Prison tattoos are visible mainly in movies or at random passersby. They come in different sizes and shapes – starting from tattoos made by using simple method of blue shapes or paintings and finishing at truly artistic, usually colorful. And even though in Poland not too often we can see them as expanded as on Prison Break’s main hero, they also deserve some of our attention because of their communicative character. In 90s, prison tattoos were a meaningful part of hierarchy in prison life. You could not talk about them or explain their meaning while on a liberty. Nowadays, mores are much more simple, you can easily find a competent literature in this

J. Perlin, B. Szczepankowski, Polski język migowy opis lingwistyczny, wyd. WSiP, Warszawa 1992, s. 14. 9 Por. B. Szczepankowski, Lektorat języka migowego, wyd. WSiP, Warszawa 1986. 8

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Radosława Rodasik, Ewelina Ćwiertnia, Aleksandra Skórzak COMMUNICATION AND LANGUAGE IN PRISON

matter; very powerful source of knowledge in the Internet. Reprehensible reputation of a tattoo, widely know both in Poland and many other countries in Europe, is connected with a stereotypical judging of this form of body decoration with criminal tattoos. It is hard to precisely present when prisons’ and tattoos’ environments connected in a hard to separate for normal people integrity. A. Jelski writes “you can’t get rid of such possibility that prison tattoo used to be identified with physical marks which were made by stigmatization through tattooing’. The history of European prison tattoo is not well documented and to some extension – mysterious. There is many hypothesis on this subject which looks for a popularization the art of ‘environmental’ tattoo during sea expeditions of J. Cook – mostly in harbors and city centers that gathers many representatives of so-called margins of society.10 Apart from stereotypes on tattoos, undeniable seems to be an observations that the environment of prisoners both now and before willingly reaches to this kind of body decoration. Common reason of tattooing prisoners connected to criminal groups are: - Desire to amaze closest environment both in prison and on the liberty; - Desire to make certain marks that are a form of making contact and a method of accenting one’s belonging to certain environment; - Pressure of recent fashion of social environment; - Projection of social satisfaction that occurs in penitentiary and on the liberty; - Internal objection to the need of isolation; - Desire of sexual stimulation that is fulfilled with tattoos with sexual contents; - Desire of preserving the most important events of prisoners’ life. Tattoo is a personal belonging of a prisoner that cannot be taken away from him by an administration of penitentiaries. In view of different symbols used in prison and criminal tattoo and 10

S. Przybyliński, DZIARA...., s.67.

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their different placement, full and deep classification of their distribution is nearly impossible. One of the most accurate classification is a group of J. S. Korbiela and K. Malinowski that divided prison and criminal signs on: general signs (universal, that are used both in prison and on the liberty), signs that express one’s attitude and volition (voluntary and compulsory symbols), signs that shows hierarchy or level of interference, signs that includes a specific kind of prison activity (declare membership in certain pack, determine the way of action or qualifications), signs of taking a penalty in prison (comprehensive, symbolizing amount of convictions, crests or full names of prisons in which the sentence was taken), signs of protest (political mottos, mottos against government or fate), signs that describes sexuality of a prisoner (sexual deviations, mostly erotic), but also others, connected to one’s personal life, decorative or religious.11 Seemingly random placement of tattoo motives are clear only to chosen prisoners. A cipher that helps them read a lot more information about the owner of the tattoo. It means, that tattoo of a prisoner or a criminal is one of the last kinds of tattoo in which strict rules have been preserved. To counteract unusual results of prison subculture, Central Facility of Prison Service Training in Kalisz Poland has organized a symposium. In after-symposium material called ‘Prison subculture in detention center and penitentiaries’ it was underlined that the essential element of prison subculture is its language, system that for strangers and the uninitiated is incomprehensible. Next to the language, a specific way of communication between convicts that has a conspiracy function is trespassing information through gestures and mimicry.12 The examination of this language serves to understanding the mean of communication between prisoners and using this knowledge in deciphering criminal environments. The issue of 11 A. Malinowski, Tajemnice tatuażu i magia kolczyków, wyd. Bryza, W-wa 2005, s. 54. 12 Por. Materiały, referaty, sprawozdania z Konferencji nt.: Podkultura więzienna w aresztach śledczych i zakładach karnych, Warszawa 1994.


SECURITY DIMENSIONS big cognitive and practical advantages that can become a subjects of interesting researches is a way of communication between criminals. To improve action of judging system very important is the research that leads to its correct reading and thanks to that – makes it easier to understand for people from outside this group, especially justice authorities, prosecutors and policeman.

REFERENCES 1. Buczkowski W., Znaczenie wybranych wzorów tatuowanych na ciele wśród osadzonych w zakładach karnych, [in:] „Zamojskie Studia i Materiały” r. 8, z. 2 [4], pp. 399–404 (Materiały z międzynarodowej konferencji naukowej Etiologia alienacji społecznej, Zamość 2006). 2. Głowacz E., Rola tatuaży w zakładzie karnym, [in:] „Zamojskie Studia i Materiały” r. 8, z. 2 [4], p. 405–414 (Materiały z międzynarodowej konferencji naukowej Etiologia alienacji społecznej Zamość 2006). 3. Jelski A., Tatuaż, Warszawa 1993. 4. Karczewski J. M., Praktyki cielesne, Warszawa 2006. 5. Ludwikowski W., H. Walczak, Żargon mowy przestępców, Warszawa 1923. 6. Malinowski A., Tajemnice tatuażu i magia kolczyków, Gdańsk 2005. 7. Materiały, referaty, sprawozdania z Konferencji na temat: Podkultura więzienna w aresztach śledczych i zakładach karnych, Warszawa 1994. 8. Matsell G. W., The Secret Language of Crime: Vocabulum or the Rogue's, Lexicon, Cosimo Classics, New York 2008.

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9. Matusewicz Cz., Psychologia, Warszawa 1975. 10. Morawski J., Gestowe i mimiczne kody przestępców, „Problemy Kryminalistyki” 1965, no. 58. 11. Piwowarski J., Płonka B., Etyka w administracji i zarządzaniu publicznym. Motywacje, realizacja, bezpieczeństwo, Kraków 2012. 12. Przybyliński S., Dziara, cynkówka, kolka zjawisko tatuażu więziennego, Kraków 2007. 13. Przybyliński S., Podkultura więzienna – wielowymiarowość rzeczywistości penitencjarnej, Kraków 2006. 14. Rubin A., Marks of Civilization: Artistic Transformations of the Human Body, Museum of Cultural History, 1988. 15. Scutt R. W. B., C. Gotch, Art, Sex and Symbol: Mystery of Tattooing, Cornwall Books U.S., 1986. 16. Snopek M., Naznaczanie ciała w środowisku więziennym – tradycyjne i współczesne rozumienie kryminalnych dziar, [in:] Snopek M. (red)., Izolacja penitencjarna z perspektywy pejoratywnej i melioratywnej, pp. 78-105, Wydawnictwo Adam Marszałek, Toruń 2012. 17. Sokalski Z., Język migowy środowisk przestępczych, Prokuratora Okręgowa w Zielonej Górze, http://www.zielonagora.po.gov.pl/index.php?id=26. 18. Stępniak K., Słownik gwar środowisk dewiacyjnych, Warszawa 1986. 19. Szaszkiewicz M., Tajemnice grypserki, Kraków 1997. 20. Wentland T., Tatuaż w więzieniu dla młodocianych, „Przegląd Więziennictwa Polskiego” 1994, no. 8.

AUTHORS Radosława Rodasik, M.A., graduate of the Faculty of Polish Philology of the Jagiellonian University, at present Ph.D. candidate in Linguistic of The Jagiellonian University Ewelina Ćwertnia, B.A., graduate of the Faculty of Resocialization Pedagogy, at present M.A. candidate in Resocialization Pedagogy of The Jagiellonian University. Aleksandra Skórzak, B.A., graduate of the Faculty of Polish Philology of the Jagiellonian University, M.A. candidate in Polish Philology of The Jagiellonian University.

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Joanna Stojer-Polańska, Tomasz Konopka HOMICIDE WITH A SINGLE STAB WOUND

HOMICIDE WITH A SINGLE STAB WOUND Joanna Stojer-Polańska, Tomasz Konopka

ABSTRACT Taking life due to dealing single stab wound is very characteristic kind of crime. In most cases the stabbing takes place during an argument, both victim and the killer are drunk, and the thing happens at home of either of them. The purpose of this article was to examine if the classification

of a criminal act, which was initially classified as a “murder”, would maintain as such act within the court decision. In most cases of such type, the killer is accused of homicide, however in half of them, it gets changed to dealing damage or hitting with a deadly result later.

KEYWORDS stab wound, homicide, penal law

INTRODUCTION Taking a victim’s life by a single stab wound is a crime interesting enough to warrant a closer inspection. Cases like that constitute more than 40% of deaths caused by sharp tools, that have been examined at the Cracovian Department of Forensic Medicine. Among 80 cases of deaths resulting from stabbing with a knife by another person that were studied during the years 19962000, death caused by a single stab wound occurred in as many as 34 instances. This type of life-taking is very specific. It is certain that the perpetrator is not attacking his victim with a firm intent to inflict death, because then he would not confine himself to one blow only. Nonetheless, those cases are commonly called murders, also by media that announce another ‘killing after drinking’, and by the investigative authorities. The aim of this study is to analyze whether it is actually appropriate to identify these cases as murders. MATERIALS AND METHODS Among autopsies that had been carried out at the Cracovian Department of Forensic Medicine, cases were selected, where death occurred due to infliction of a single stab wound 136

by another person. Circumstances of each case were analyzed, such as the scene of the event, relationship between the perpetrator and his or hers victim, the influence of alcohol on the course of events. If the case led to a judgment by the Cracovian Court of Appeal, also the case files and the court sentence were examined. RESULTS In the period 1991-2006, at the Department of Forensic Medicine in Cracow, there were 62 cases examined where a single stab wound had been identified on the front of the thorax, piercing the heart or large vessels, with consequent bleeding to death. The majority of victims were men, there were only 6 women among victims. Among men the age ranged from 15 to 60, and among women from 24 to 42. Interesting results were obtained when a distinction was made between cases where the perpetrator was somebody close to the victim and where the perpetrator and his or hers victim were strangers to each other1. Differentiation was possible in 48 cases, in the remaining 14 cases T. Konopka, F. Bolechała, M. Strona, Porównanie ran kłutych klatki piersiowej w samobójstwach i zabójstwach, „Archiwum Medycyny Sądowe j i Kryminologii”, 2003; 53, p. 117-128. 1


SECURITY DIMENSIONS only the results of the autopsy are known, with no information about the perpetrator. In 33 instances the stabber was somebody close to the victim – a spouse or other family member, a partner or an acquaintance. In 15, so almost half of the cases, the perpetrators were women2. What is interesting, in almost all the cases the event took place at the perpetrator’s or the victim’s apartment, or one they were sharing. For those cases it was also typical that the victim had a high blood alcohol content. Twenty seven victims had blood alcohol content higher than 2‰ (and among them 13 had higher than 3‰), for further 4 it ranged from 1 to 2‰ and only 2 victims had blood alcohol content lower than 0,5‰. Unfortunately, the blood alcohol level of the perpetrator is known in only few cases. This group of cases, which among criminologists and in statistics are known as murders against the background of a family conflict3, is very distinct and characteristic. As the Polish statistics indicate: “According to the Police, the perpetrators of murders that took place in Poland in 2011 had the following motives: family conflicts in 198 cases, “other” (ruffianly, out of jealousy) in 94 cases, unknown in 94 cases, robbery in 61 cases, sexual in 14 cases and by contract in 1 case”4. In 2011 there were 662 murders, and among those 209 were attempts5. As to the murder (or attempt) weapon, in 2012 a firearm was used 30 times, and other dangerous

2 For more information about murders committed by women see: M. Budyn-Kulik, Zabójstwo tyrana domowego. Studium prawnokarne i wiktymologiczne, Verba, Lublin 2005; Z. Majchrzak, Kiedy kobieta zabija. Motywy, osobowość, relacje sprawcy i ofiary, strategie obronne, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2009. 3 Z. Majchrzak, Zabójczynie i zabójcy. Osobowość, motywy, uwarunkowania sytuacyjne. Analiza z perspektywy psychologicznego orzecznictwa sądowego, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2008, p. 82. 4 Poland 2011 Crime and Safety Report, Ministry of Internal Affairs, Warszawa 2012, p. 36. See: B. Michalski, Przestępstwa przeciwko życiu i zdrowiu [in:] A. Wąsek, R. Zawłocki, Kodeks karny. Część szczególna,, Komentarz do art. 117-221, Wydawnictwo C.H.Beck, Warszawa 2010, p. 165. 5http://www.statystyka.policja.pl/portal/st/894/83413/Raport_ statystyczny_za_2011_rok.html (accessed on June 17th 2013).

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item (such as a knife) in as many as 271 instances6. A completely different group of events is constituted by the 15 cases where the stabber was stranger to the victim. Here, as contrasted to the cases described above, the majority of events took place outside (in the street, residential area or park). Infliction of a single stab wound was a consequence of robbery or mugging, there were no women among perpetrators. Only in two cases the stabbing took place inside an apartment, but also in these instances it was not because of a family conflict. In the first case, the victim was a burglar who was stabbed by the apartment’s owner while breaking-in, the other was a man who intended to puncture a car’s tyres, and the perpetrator was the car’s owner who came to the victim’s apartment. Substantially lower was the percentage of intoxinations. Ten people had blood alcohol content lower than 0,5‰, for 3 it ranged from 0,5-1‰, and only for 2 it was higher (1,5‰ and 1,7‰). Moreover, within this group of murders committed by strangers, it was characteristic for victims to be young – the majority was between 15 to 30 years old. To clarify doubts whether cases of taking a life by a single stab wound are classified as murders, court sentences were analyzed of completed cases. Cases were selected where the proceedings took place before the Cracovian Court of Appeal – there were 19 cases like that, among the 62 which were examined at the Department of Forensic Medicine during the years 1991-2006. Eighteen cases started with charges of murder (art. 148 of the Polish Penal Code – k.k) and one with charges of beating with the consequence of death of a human being (art. 158 § 3 k.k). Only in 10 cases, and often after appeals, the charge of murder was upheld in the final and binding judgment. Nonetheless, in none of the cases did the court establish direct intent to kill; in all it was found that the perpetrator committed the act with possible intent. In eight cases that started with charges from art. 148 k.k, the perpetrator was eventually sentenced for art. 156 § 3 or 155 k.k. (causing of grievous bodily harm with the consequence of death of a human being or 6http://www.statystyka.policja.pl/portal/st/952/50844/Przeste

pstwa_przy_uzyciu_broni.html (accessed on 2013).

June 17th

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Joanna Stojer-Polańska, Tomasz Konopka HOMICIDE WITH A SINGLE STAB WOUND manslaughter), as no intention to kill was established. The court did not convict of murder, if at least possible intent to kill could not be proven (where the perpetrator is foreseeing the possibility of perpetrating the act and accepts it). From the analysis of the statements of reasons it follows that not even possible intent was being established, if the perpetrator rendered assistance to the victim, called an ambulance, did not obliterate physical evidence of the offence. If the Court decided to uphold murder charges (art. 148 k.k.), perpetrators were sentenced to 8 to 13 years in prison, whereby 8 years in prison was the most frequent type of punishment. It is worth highlighting that it is the lowest possible sentence for violating art. 148 § 1 k.k. Only in two cases the sentences were lesser - extraordinary mitigation of the penalty was applied due to art. 31 § 2 k.k. If the court decided to change the initial charges, the most frequent penalty was 2 to 5 years of imprisonment, only in 2 individual cases the court sentenced the defendants to respectively 1 and 6 years in prison. DISCUSSION In the discussion, we will focus mainly on the group of events where the stabbing takes place against the background of a family conflict. Although it was stated in the introduction that there are doubts whether cases of killing by a single stab wound should be classified as murders, it is difficult to say that in these instances we are dealing with an entirely accidental causing of death – which is anyway the most frequent excuse given by the perpetrator. Somebody stabbing a knife into the victim’s chest should take into account that “accidental” in this situation is rather avoidance of death than its materialization. Murder is an offence with criminal consequences, therefore it is not relevant how the death was brought about7. Nevertheless, it should be remembered that events like that are characterized by intense dynamics, the

perpetrator is not always able to reconstruct in his memory how the blow had been struck. Even if he is able to do so, such cases are hard to substantiate with evidence. The victim is dead, third parties are usually lacking, as the event takes place inside an apartment while the perpetrator and his or hers victim are drunk. Practically, it is only possible to built the case relying on the explanations of the perpetrator, who - as it was mentioned above – usually admits committing the act, but denies being guilty. It is common for the perpetrator to confirm that he was holding a dangerous weapon in his hand, but at the same time he asserts that the victim walked into the knife, or that the injury happened accidentally during a tussle. It is then difficult to charge the perpetrator with specific intent to kill the victim. Even more doubts arise when the victim survives thanks to a prompt medical intervention. Although in almost all such instances the charge filed is attempted murder, in a surprisingly many cases the victim (being a next of kin) invokes his or hers right to refuse to testify, claims that he or she does not remember the circumstances of the event, or even takes the responsibility, by asserting that he or she ran into the knife or stabbed himself/herself. It seems that in many cases the concept of murder is overused. Probably this word is often being used according to its common, non-criminal code meaning (the victim is undoubtedly dead), or in its criminological, and not criminal sense. We are of course referring to the stage of pending criminal proceedings, before the final and binding judgment is delivered. However, from the analysis of the examined cases it follows that the proceedings can take several years, starting with investigations, then the trial, some of the cases come before the Court of Appeal, some are remanded to the District Court for re-examination. The notion of homicide or murder is overused not only by media8 but also criminal statistics9, or W. Spirydowicz, Obraz przestępczości w środkach masowego przekazu (na przykładzie niektórych krajów zachodnich), „Państwo i Prawo”, 1992, 9, p. 67-72; J. Błachut, A. Gaberle, K. Krajewski, Kryminologia, Arche s.c., Gdańsk 1999, p. 417 and next; A. Gaberle, Nierozłączna triada. Przestępczość. Przestępca. Społeczeństwo, Arche, Gdańsk 2003, p. 40; J. Malec, Przestępczość – to ciekawe 8

M. Szwarczyk, Przestępstwa przeciwko życiu i zdrowiu (art. 148-162) [in:] T. Bojarski (ed.), Kodeks karny. Komentarz do art. 117-277, LexisNexis, Warszawa 2009, p. 285; A. Zoll, Przestępstwa przeciwko życiu i zdrowiu [in:] A. Zoll (ed.) Kodeks karny. Część szczególna, Zakamycze, Kraków 2006, p. 238. 7

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SECURITY DIMENSIONS even - as it follows from the analysis of final and binding judgments - by the investigative authorities. Media are usually reporting such events shortly after they had taken place, without any analysis of the underlying motives, and practically always classify them as murders. Even if the spokesperson for the KGP (Polish Police Headquarters) informs the media, that “the victim’s life was taken”, media “translate” this information into a statement that the deceased is a victim of murder or that he or she “was murdered”: “…the press is usually interested in the victim if he or she was part of a crime sensational enough to ensure: getting ahead of the competition, even short-term increase of circulation and greater share in the publishing market.”10 Other mass media, such as television, do almost exactly the same11. It may happen in order to simplify the message, but also to increase interest in the information being communicated. If the case is famous, information about “the murder” is given again when the case is filed and when judgments are passed. If after last appeal the accused is sentenced to 2-3 years in prison (and often is released at that point), media display their surprise at the leniency of the sentence for “murder”. These are the consequences of misunderstandings between the judiciary and the media12. The media very rarely see to the presumption of innocence. As S. Waltoś pointed out: “It is unacceptable to forejudge in accounts, reports and columns the result of a pending lawsuit, at least until the first-instance judgment is delivered. It is then impermissible to issue a so-called press judgment, or even to dub the accused a criminal zjawisko. Kryminologia nieelitarna, Wydawnictwo C.H.Beck, Warszawa 2006, p. 109. 9 The number of murders is decreasing, see http://www.statystyka.policja.pl/portal/st/894/83413/Raport_s tatystyczny_za_2012_rok.html (accessed at June 17th 2013). 10 C. Kulesza, Ofiara przestępstwa w polskiej prasie [in:] D. Dőlling, K. H. Gőssel, S. Waltoś, Relacje o przestępstwach karnych w prasie codziennej w Niemczech i w Polsce, Katedra Postępowania Karnego Uniwersytetu Jagiellońskiego, Kraków 1997, p. 151. 11 See: H. J. Schneider, Zysk z przestępstwa. Środki masowego przekazu a zjawiska kryminalne, PWN, Warszawa 2002. 12 M. Celej, Nasz wspólny obowiązek, „Na wokandzie”, 2010, 1, p. 32-33.

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(…). Unfortunately, the reality is far away from that postulate. Examination of everyday press released in Cracow in years 1952-1953, 19611963, 1972-1973 showed, that only around 60% of information regarding criminal cases was impartial. The rest consists of expressions of indignation, condemnation of the accused, and even suggestions for the investigative authorities and the administration of justice. Such information was always unfavorable to the defendant.”13 The media often portray cases as particularly grave, from which follows the thesis of “an upturned pyramid of crime”. The most widely commented are crimes that happen the least often. As it was worded by A. Gaberle: “In a nutshell, it is how information is selected by the mass media, which leads to a distorted image of crime being conveyed to society, and shaping perception. Not only everyday observation but also findings of a number of studies indicate that most common crimes get little media coverage, but the rarer is the crime the more screen time, newspaper space and internet attention it gets. That is way criminologists are speaking about “an upturned pyramid of crime”, because the message conveyed to society by the media is such that it seems that the most frequent – and therefore fundamental – are murders, and above that there are less frequent assaults and sex crimes, rarely supplemented by burglaries and robberies, which are almost only related to art theft or large-scale or particularly brazen embezzlement schemes.”14 Media are not the only institutions that overuse the notion of murder. Police crime statistics are reported annually, which means that at the end of the calendar year the crimes committed are summed up. Only exceptionally stabbing cases can be finalized (with a final and binding judgment) within such a period of time. Therefore in the statistics they appear with the criminal qualification according to which the investigation is being conducted, so almost always as murders. 13 S. Waltoś, Proces Karny. Zarys systemu, LexisNexis, Warszawa 2003, p. 246; see J. Błachut, Doniesienia kryminalne w polskiej prasie codziennej, p. 78-110 [in:] D. Dőlling, K. H. Gőssel S. Waltoś, Relacje o przestępstwach karnych w prasie codziennej w Niemczech i w Polsce, Katedra Postępowania Karnego Uniwersytetu Jagiellońskiego, Kraków 1997. 14 A. Gaberle, op. cit., p. 40-41.

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Joanna Stojer-Polańska, Tomasz Konopka HOMICIDE WITH A SINGLE STAB WOUND The murder detection rate, as it follows from the statistics, is high, especially in comparison with such crimes as assault, theft or damage to property15. In the year 2012 the detection rate for murder was 94,2%, and for theft 33,5%. Partly it is due to investing substantial funds and staff resources to detect serious crimes – many police officers are involved in chasing the perpetrator, large-scale activities are carried out, operational actions are executed. However, there are cases - like taking a life by a single stab wound – where the Police do not need to expose the perpetrator, who is already waiting at the scene and admits committing the act, the qualification of which is usually changed only after a few years of litigation. In the annual statistics the event is nonetheless classified as a detected murder. From the point of view of forensic science (and this is how the event should be viewed at the beginning), it should be emphasized that forensic science does not use the concept of “murder” or “murderer”. It uses the words “perpetrator” and “event”, which seems fully reasonable. The problem of overusing the concept of “murder” by the prosecution office is even more serious, at least because of the fact, that if murder charges are presented, regardless of the circumstances of the event, the prosecutor usually requests a preliminary detention order from the court and detention usually lasts till the qualification of the offence is changed in the sentence. Criminology draws attention to the prosecutors’ practice of overcharging in cases where death occurred. It is a litigation strategy where the prosecutor levels the most grievous charge possible (of murder), and then the court is left to decide. Undoubtedly, the media play a part in that. If the event has already been dubbed “murder” and then the perpetrator is charged “only” with beating with the consequence of death of a human being, it may cause unfavourable commentaries, as media often preach harsher punishments16.

To talk about murder from the criminal law point of view, all the elements of art. 148 k.k. must be present. The structure of each crime assumes that an act has to be committed, this act needs to be unlawful, prohibited under penalty, socially undesirable (its social consequences must be more than insignificant) and culpable17. The event must then be an act of a person, therefore an activity aimed at achieving a specific purpose. An act is not present, if the victim walks into the knife, because then there is no activity of the perpetrator. In this instance the wording “whoever kills a human being” assumes certain action and activity on the part of the perpetrator (murder can be committed by omission, but only by a person who had borne a legal, special duty to prevent such a consequence, and this element of special duty was missing in the examined cases). An act is unlawful if it is contrary to the binding law. There is no doubt that killing is forbidden, and the life of every human being is subject to special legal protection. At this stage the constituent elements of an offence are examined. There are objective and subjective features of a prohibited act. The examination of the objective part consists of investigating whether death has occurred and whether it was actually the activity of the perpetrator what caused that consequence. The situation is pretty obvious in case of stabbing, that brought about death. The examination of the subjective part consists of analyzing intent. Intent can take a form of direct intent (i.e. the perpetrator used a knife in order to kill) or resultant intent, also called possible intent (the perpetrator thought it highly probable that death will occur due to the use of a knife and accepted it). It is when the cases analyzed in this article (thus related to a family conflict) become problematic. The perpetrator is indeed admitting that he or she did hold a knife in his hand, that this knife caused the victim’s death, but is not admitting having intention to kill, so denies being

15http://www.statystyka.policja.pl/portal/st/842/47682/Postep owania_wszczete_przestepstwa_stwierdzone_i_ wykrywalnosc_w_latach_1999__201.html (accessed at June 17th 2013). 16 M. Szafrańska, Polityka instrumentalizacji strachu przed przestępczością, Wydawnictwo Adam Marszałek, Toruń 2010, see Part 3 Instrumentalizacja polityczna strachu przed przestępczością, p. 79-148.

A. Zoll, Zasady odpowiedzialności karnej [w:] A. Zoll (red.) Kodeks karny. Część ogólna. Komentarz do art. 1-116 Kodeksu karnego, Zakamycze, Kraków 2001, p. 14 and foll.

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SECURITY DIMENSIONS guilty! Murder though is an intentional crime, so at least possible intent to kill must be present18. If the perpetrator denies intent to kill, all the circumstances of the event must be examined. Establishing intent is very difficult, from the criminal and also criminological and psychological point of view. A. Zoll indicates that in the judicature two trends of evaluating perpetrator’s intent have evolved:19 one favours the objective circumstances of the event, the other focuses on the totality of the circumstances, also the character of the perpetrator and the nature of his relationship with the victim before the occurrence of the event. The fact that there are two different approaches discernable within judicial decisions have also been described by M. Budyn-Kulik20. These relate to the use of a knife – some believe that the use of a knife does not automatically translate into possible intent, others think it is sufficient to establish it. This problem was considered by the Supreme Court a number of times, but the decisions are not always uniform. While establishing possible intent the Court takes into account the number of blows struck, as it was pointed out in a Supreme Court decision of June 18th 1974: “the type of weapon used, as well as the force of the blows and position of stabs are all part of evidence, and quite often may indicate intention to kill, but the sum of this elements can not automatically be treated as decisive evidence, but it is always necessary to refer to all the other circumstances of the event, because only taking into account the totality of the circumstances allows to establish properly the real intentions of the perpetrator.“21 In its decision of January 4th 2006 the Court confirmed that interpretation: “To demonstrate the fulfillment of the subjective attributes of murder – in the form of direct or possible intent – it is not sufficient to specify the mode of action, including its elements such as the L. Tyszkiewicz, Przestępstwa przeciwko życiu i zdrowiu [w:] M. Filar (red.) Kodeks karny. Komentarz, LexisNexis, Warszawa 2008, p. 609. 19 A. Zoll, Przestępstwa przeciwko życiu i zdrowiu [in:] A. Zoll (red.) Kodeks karny. Część szczególna. Tom II, a Wolters Kluwer business Warszawa 2007, p. 219. 20 M. Budyn-Kulik, Przestępstwa przeciwko życiu i zdrowiu [in:] M. Mozgawa (red.), Kodeks karny. Praktyczny komentarz, Wolters Kluwer, Warszawa, p. 313, p. 316. 21 Supreme Court judgment of 18.06.1974, III KR 53/74, OSNKW 1974, 9, s. 170.

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type of weapon used, the force of the blow or aiming aggressive activities at vital organs. Without doubt these are important elements, but cannot automatically be seen as conclusive proof of the fulfillment of the subjective elements of the offence, or determine the type of intent attributed to the perpetrator. Usually it is also indispensable to analyze the motives of the perpetrator, his or hers relationship with the victim during times proceeding the event, the background to the event.”22 Further, the Court of Appeal in Poznań stated in its judgment of May 30th 1995: “The conclusion on the intent to kill (even if possible intent) can not be based on the sole fact of using a dangerous weapon, or the mode of action consisting of aiming at the victim’s vital organs, but should be grounded in the totality of circumstances of the event and the personality of the perpetrator”. 23 Thinking about the problem of intent, the Court of Appeal in Katowice advanced a following thesis in its June 13th 2002 judgment: “Infliction of a single stab wound with a dangerous weapon such as a knife, followed by calling an ambulance and showing active repentance indicates lack of intention to kill and lack of acceptance of death as a consequence of action.”24 Some of the criminal law specialists question that thesis, as perpetrator’s behavior after the event does not relate to intent – “the evidence of intention or lack of thereof can be the circumstances preceding the prohibited act or present at the time of acting”.25 Other criminal law specialists, and often criminologists are in favour of taking the behavior following the act into consideration. Just as L. Tyszkiewicz: „When we are dealing with only one blow, that caused death, then even if it was aimed at the parts of human body where vital organs are located, it is not in itself a conclusive proof that allows to determine intent.” 26 The judicature is not uniform in this respect. A wide selection of court

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Supreme Court judgment of 4.01.2006, Lex no. 172208, see also the judgment of the Court of Appeal in Katowice of 27.02.2007, II Aka 21/07, KZS 2007, 3, 26. 23 The judgment of the Court of Appeal in Poznań of 30.05.1995, II Akr 153/95, OSA 1998, 9, 48. 24 The judgment of the Court of Appeal in Katowice of 13.06.2002, II AKa 158/02, KZS 2003, 2, 39. 25 A. Zoll, Przestępstwa… (2007), p. 223. 26 L. Tyszkiewicz, op. cit., p. 610. 22

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Joanna Stojer-Polańska, Tomasz Konopka HOMICIDE WITH A SINGLE STAB WOUND decisions relating to this subject area has been developed by A. Lisowski27. It seems that in real life cases, their circumstances are decisive, as it is not possible in abstracto to list instances when possible murder intent can be established versus intent to cause bodily harm, the unintended consequence of which can be death. Therefore, the type of weapon used is not conclusive, nor the place where the knife has hit the body,28 but the totality of the circumstances, which usually are very complex. As it was relevantly stated in the Supreme Court judgment of September 3th 2002: “The difference between murder and the crime described in art. 156 § 3 k.k. lies in the mens rea (subjective element of the offence) and rests on the fact that in case of murder the perpetrator has a direct or possible intent to kill a human being and that leads him to action or omission, while in case of a crime described in art. 156 § 3 k.k., which is a misdemeanor, the perpetrator acts with a direct or possible intent to cause grievous bodily harm, whereas the consequence of the act in the form of death is not covered by intent.” 29 Already in its judgment of June 28th 1977 the Supreme Court took a stand that: “The attribution of possible intent can not be based solely on certain fragmentary facts related to the objective elements of the offence, but it should be a condition sine qua non, stemming from an analysis of the totality of objective and subjective circumstances of the event, and especially the perpetrator’s relationship with the victim, his personal features and style of life so far, his motives and reasons for action, the force of the blow, its depth, direction and the size of the weapon used, as well as all the other circumstances of the event indicating that the perpetrator, while willing to inflict grievous bodily harm, had also foreseen and accepted, with an actual mental process, such a grave consequence A. Lisowski, Przestępstwa przeciwko zdrowiu i życiu. Orzecznictwo Sądu Najwyższego, Wydawnictwo Comer, Toruń 1996. See K. Daszkiewicz, Przestępstwa przeciwko życiu i zdrowiu. Rozdział XIX kodeksu karnego. Komentarz, Wydawnictwo C.H.Beck, Warszawa 2000. 28 See the judgment of the Supreme Court of 11.121991, II KR 284/91, unpublished, after A. Lisowski, op. cit., p. 57. 29 The judgment of the Supreme Court of 3.09.2002, V KKN 401/01, LEX nr 74581.

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of his action as his or hers victim’s death.” 30 The Court of Appeal in Łódź, in its March 20th 2002 judgment added persuasively that: “Possible intent can not be presumed, or assumed, but it has to follow from specific facts seen from the angle of the totality of the circumstances of the event, including the personal features of the perpetrator and his relationship to the victim. The sole fact that the accused admits to the charge or the type of weapon used (a knife), are not sufficient to assume murder with possible intent. To attribute murder it is no enough to establish a causal link between activities against a person, and their consequence in the form of death, but it is also necessary to point at some circumstances of the event that give reasons to believe that, the consequence in the form of death was at least accepted by the perpetrator or that it follows from his behavior that he was at least indifferent to bringing about the effect.”31 The attribution of intent is of paramount importance, as it has impact on the degree of penalty32. Also important is the final qualification of the offence – it definitely matters whether someone is sentenced for murder versus manslaughter. The Court is also examining whether the perpetrator has been previously sentenced for a similar act, because if so, it means that he or she knows that such an act may produce such an effect, as it was indicated by the Court of Appeal in Wrocław in its decision of December 14th 2002.33 Among the analyzed cases there were no previous sentences for a similar act. At the very end culpability is scrutinized. Guilt is present if somebody can be blamed for not abiding the law, while being able to do so34. Nonetheless it should be noted that the issue of guilt is not seen as unambiguous in the literature, The judgment of the Supreme Court of 28.06.1977, VI KRN 14/77, OSNKW 1978, 4-5, 43. 31 The judgment of the Court of Appeal in Łódź 20.03.2002, II Aka 35/02 KZS 2004, 4, 5. 32 L. Tyszkiewicz, op. cit., p. 610. 33 The judgment of the Court of Appeal in Wrocław of 13.12.2002, II AKa 533/02, KZS 2003, 6, 37. 34 A. Zoll,. Zasady…, p. 23 and following; See the theories of guilt: W. Wróbel, A. Zoll, Polskie prawo karne. Część ogólna, Wydawnictwo Znak, Kraków 2010, p. 155 and following.; A. Marek, Prawo karne, Wydawnictwo C.H.Beck, Warszawa 2011, p. 126; L. Gardocki, Prawo karne, Wydawnictwo C.H.Beck, Warszawa 2010, p. 9. 30


SECURITY DIMENSIONS especially in the context of guilt as defined by criminal law, versus its use in criminology and other disciplines, and the common understanding of it in everyday life. To find somebody guilty of murder the Court needs to establish that all criteria of the offence are met. From the analyzed cases, that were concluded with a final and binding judgment, it follows that in half of the cases of killing by a single stab wound intention to kill could not have been attributed to the perpetrator. The qualification was usually changed by the Court to art. 156 § 3 k.k. There is also a group of cases, that often start with murder charges (art. 148 k.k.), but eventually their qualification is changed to a brawl or a beating – art. 157 k.k., if at least 3 persons took part in the brawl and the consequence was death of a human being. These events are not “family murders”, but it is also unjustified to generally call them murders35. To sum up, apart from the feature that the authors deem most important, i.e. the fact that the perpetrator confines himself or herself to one blow only, while being able to strike more than once, if having the intent, even if only possible, to kill (after all life can not be taken in a few seconds), other important characteristics are – admitting to committing the act from the very beginning, active repentance shown right after the event, manifested by rendering assistance to the victim, calling an ambulance and not obliterating physical evidence of the offence. What is interesting, it was also noted that if a woman is charged with murder the qualification tends to be changed more often into a milder one than when the perpetrator is a man36. CONCLUSIONS Taking a human life by a single stab wound, especially if happening against the background of a family conflict, is a very specific type of crime. In the majority of cases the stabbing takes place during an argument, the perpetrator as well as the See K. Olszak, Bójka i pobicie. Aspekty wykrywcze i dowodowe, Wolters Kluwer, Warszawa 2009, p. 30, p. 191. 36 About the apparent leniency of the judges towards women see M. Bydyn-Kulik, Zabójstwo…, p. 31, which pertains only to the most serious crimes and sentencing. 35

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victim are drunk, and the event occurs at the apartment of one of them or one they are sharing. In the majority of cases not only does the perpetrator not run away, but also tries to save the victim, asking neighbours for help or calling an ambulance, admits to committing the act from the start, but denies having intention to kill and claims that everything happened by accident. From the analysis of the examined cases it follows that almost always the perpetrator was charged with murder – public prosecutor used art. 148 k.k. Nonetheless, in almost half of the cases the Court changed the final qualification to art. 156 k.k. or art. 155 k.k., and in the rest of the cases the penalties did not approach the maximum penalty limit. It is very important, as only proving intent can differentiate art. 148 k.k. from art. 156, 158 and 155 k.k. It follows from the examined cases that classifying all the instances of taking a life by a single stab wound a priori as murders is at least controversial. Moreover, cases like that, not posing any evidence problems to the investigative authorities, groundlessly overestimate murder detection rates.

REFERENCES 1. Błachut J., Doniesienia kryminalne w polskiej prasie codziennej, p. 78-110, [in:] D. Dőlling, K. H. Gőssel S. Waltoś, Relacje o przestępstwach karnych w prasie codziennej w Niemczech i w Polsce, Katedra Postępowania Karnego Uniwersytetu Jagiellońskiego, Kraków 1997. 2. Błachut J., Gaberle A., Krajewski K., Kryminologia, Arche s.c., Gdańsk 1999. 3. Budyn-Kulik M., Przestępstwa przeciwko życiu i zdrowiu, [in:] M. Mozgawa (ed.), Kodeks karny. Praktyczny komentarz, Wolters Kluwer, Warszawa. 4. Budyn-Kulik M., Zabójstwo tyrana domowego. Studium prawnokarne i wiktymologiczne, Verba, Lublin 2005. 5. Celej M., Nasz wspólny obowiązek, „Na wokandzie”, 2010, 1, p. 32-33. 6. Cieślarczyk M., Kultura bezpieczeństwa i obronności, Siedlce 2011. 7. Daszkiewicz K., Przestępstwa przeciwko życiu i zdrowiu. Rozdział XIX kodeksu 143


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karnego. Komentarz, Wydawnictwo C.H. Beck, Warszawa 2000. Dukiet-Nagórska T., Przestępstwa przeciwko życiu i zdrowiu, [in:] T. DukietNagórska, (ed.), Prawo karne. Część ogólna, szczególna i wojskowa, LexisNexis, Warszawa 2008. Gaberle A., Nierozłączna triada. Przestępczość. Przestępca. Społeczeństwo, Arche, Gdańsk 2003. Gardocki L., Prawo karne, Wydawnictwo C.H. Beck, Warszawa 2010. Hanausek T., Kryminalistyka. Zarys wykładu, Zakamycze, Kraków 2000. Konopka T., Bolechała F., Strona M., Porównanie ran kłutych klatki piersiowej w samobójstwach i zabójstwach, „Archiwum Medycyny Sądowe j i Kryminologii”, 2003; 53, p. 117-128. Kulesza C., Ofiara przestępstwa w polskiej prasie, [in:] D. Dőlling, K. H. Gőssel, S. Waltoś, Relacje o przestępstwach karnych w prasie codziennej w Niemczech i w Polsce, Katedra Postępowania Karnego Uniwersytetu Jagiellońskiego, Kraków 1997. Lisowski A., Przestępstwa przeciwko zdrowiu i życiu. Orzecznictwo Sądu Najwyższego, Wydawnictwo Comer, Toruń 1996. Majchrzak Z., Kiedy kobieta zabija. Motywy, osobowość, relacje sprawcy i ofiary, strategie obronne, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2009. Majchrzak Z., Zabójczynie i zabójcy. Osobowość, motywy, uwarunkowania sytuacyjne. Analiza z perspektywy psychologicznego orzecznictwa sądowego, Wydawnictwo Uniwersytetu Kardynała Stefana Wyszyńskiego, Warszawa 2008. Malec J., Przestępczość – to ciekawe zjawisko. Kryminologia nieelitarna, Wydawnictwo C.H. Beck, Warszawa 2006. Marek A., Prawo karne, Wydawnictwo C.H. Beck, Warszawa 2011. Michalski B., Przestępstwa przeciwko życiu i zdrowiu, [in:] A. Wąsek, R.

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Zawłocki, Kodeks karny. Część szczególna,, Komentarz do art. 117-221, Wydawnictwo C.H. Beck, Warszawa 2010. Olszak K., Bójka i pobicie. Aspekty wykrywcze i dowodowe, Wolters Kluwer, Warszawa 2009. Schneider J., Zysk z przestępstwa. Środki masowego przekazu a zjawiska kryminalne, PWN, Warszawa 2002. Spirydowicz W., Obraz przestępczości w środkach masowego przekazu (na przykładzie niektórych krajów zachodnich), „Państwo i Prawo”, 1992. Szafrańska M., Polityka instrumentalizacji strachu przed przestępczością, Wydawnictwo Adam Marszałek, Toruń 2010. Szwarczyk M., Przestępstwa przeciwko życiu i zdrowiu (art. 148-162), [in:] T. Bojarski (ed.), Kodeks karny. Komentarz do art. 117-277, LexisNexis, Warszawa 2009. Tyszkiewicz L., Przestępstwa przeciwko życiu i zdrowiu, [in:] M. Filar (ed.) Kodeks karny. Komentarz, LexisNexis, Warszawa 2008. Waltoś S., Proces Karny. Zarys systemu, LexisNexis, Warszawa 2003. Wróbel W., Zoll A., Polskie prawo karne. Część ogólna, Wydawnictwo Znak, Kraków 2010. Zoll A., Przestępstwa przeciwko życiu i zdrowiu, [in:] A. Zoll (ed.,) Kodeks karny. Część szczególna, Zakamycze, Kraków 2006. Zoll A., Przestępstwa przeciwko życiu i zdrowiu, [in:] A. Zoll (ed.) Kodeks karny. Część szczególna. Tom II, a Wolters Kluwer business, Warszawa 2007 Zoll A., Zasady odpowiedzialności karnej, [in:] A. Zoll (red.), Kodeks karny. Część ogólna. Komentarz do art. 1-116 Kodeksu karnego, Zakamycze, Kraków 2001.

INTERNET RESOURCES: http://www.statystyka.policja.pl/portal/st/894/8341 3/Raport_statystyczny_za_2011_rok.html (data dostępu 17 czerwca 2013)


SECURITY DIMENSIONS http://www.statystyka.policja.pl/portal/st/952/5084 4/Przestepstwa_przy_uzyciu_broni.html (data dostępu 17 czerwca 2013) http://www.statystyka.policja.pl/portal/st/894/8341 3/Raport_statystyczny_za_2012_rok.html (data dostępu 17 czerwca 2013) LEGAL ACTS: 1. Judgement of the Court of Appeal in Katowice of 13.06.2002, II AKa 158/02, KZS 2003, 2, 39. 2. Judgement of the Court of Appeal in Kraków of 27.02.2007, II Aka 21/07, KZS 2007, 3, 26. 3. Judgement of the Court of Appeal in Łódź of 20.03.2002, II Aka 35/02 KZS 2004, 4, 5.

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4. Judgement of the Court of Appeal in Poznań of 30.05.1995, II Akr 153/95, OSA 1998, 9, 48. 5. Judgement of the Court of Appeal in Wrocław of 13.12.2002, II AKa 533/02, KZS 2003, 6, 37. 6. Judgement of the Supreme Court of 11.12.1991, II KR 284/91. 7. Judgement of the Supreme Court of 18.06.1974, III KR 53/74, OSNKW 1974, 9, 170. 8. Judgement of the Supreme Court of 28.06.1977, VI KRN 14/77, OSNKW 1978, 4-5, 43. 9. Judgement of the Supreme Court of 3.09.2002, V KKN 401/01, LEX no. 74581. 10. Judgement of the Supreme Court of 4.01.2006, Lex no. 172208.

AUTHORS Joanna Stojer-Polańska, Ph.D. – expert in forensic sciences, lawyer. Lecturer – The University of Children, Cracow. Lecturer – School of Higher Education in Public and Individual Security “Apeiron” in Cracow Assoc. prof., Tomasz Konopka Ph.D. – Department of Forensic Medicine, Collegium Medicum, Jagiellonian University, Kraków, Poland

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ENVIRONMENT ADULT EDUCATION AS A PART OF THE SOCIAL SECURITY POLICY Olga M. Tytarenko

ABSTRACT Environmental adult education for community sustainability situates local knowledge within a global pedagogy and activism of survival. Practical and theoretical considerations of environmental popular education within indigenous people's social movements are explained, the environment and adult learning is explored. The aim of environmental adult literacy

is to challenge scientific knowledge as the fundamental structure of learning, and to revalue people's experiential knowledge. A transformative ecological understanding of lifelong learning reconnects humans with nature and fosters social dialogue and action. Environmental adult education provides a rich and provocative discourse, and this article can be useful to readers seeking to connect social and ecological issues.

KEYWORDS ecology, environment education, eco-friendly behavior

Human values such as solidarity, dialogue, and respect for all forms of life – principles which we have inherited from the various philosophical, political, and spiritual traditions – represent challenges and options in the face of the baffling socio-environmental changes that are witnessing in societies all over the world today. At the same time, the events shaping modern history are making it clear how urgent it has become for humanity to eliminate all forms of discrimination and prejudice, from the most subtle to the most brutal. Gender and environmentalist movements play a key role in the process of developing new levels of awareness. Human societies must be willing and committed to implement changes that will ensure the future of the species. For changes to occur in behavior and attitudes, however, permanent and continuous education is necessary in every facet of our daily lives. Although the need for close communication and cooperation in the various areas of education may seem obvious, records of events and reports contain too little evidence of dialogue between the

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environmental education sector and popular education for young people and adults. Environmental Adult Education is recognized as a “hybrid outgrowth of the environmental movement and adult education, combining an ecological orientation with a learning paradigm to provide a vigorous educational approach to environmental concerns”. In laymen’s terms, environmental adult education refers to efforts in teaching environmental issues and how individuals and businesses can manage or change their lifestyles and ecosystems to live sustainably. The overarching goal of this field of study is to educate global societies to live more sustainably. Environmental adult education is a relatively new and unique field of study and practice. It is a community-based method in which educators listen and respect the input of learners, and all participants are considered essential. During the last thirty years, environmental adult education has evolved. For more than a century, environmental and conservation organizations


Olga M. Tytarenko, ENVIRONMENT ADULT EDUCATION taught adults environmental education with very little structure.

AS A PART OF THE SOCIAL SECURITY POLICY

In a nutshell, the official history of Environment Adult Education (EAE) can be represented in the following way:

1997 Tbilisi Declaration. This document updated and clarified the Stockholm Declaration and the Belgrade Charter by including new goals, objectives, characteristics, and guiding principles of environmental education.

In the mid-1970s environment adult education was officially recognized as distinct field of study. Late 1980s focused environment adult education on learner experience. Late 1990s - Early 2000 the focus in the environment adult education shifted to how to teach this discipline. And finally in 1997 United Nations Educational, Scientific, and Cultural Organization (UNESCO) hosted conference on adult education with EAE being one of the 33 workshops presented

Educators in this field of study consider environmental problems with a holistic approach that combines social, political and environmental concerns into community dilemmas. Participatory methods allow learners to make connections between social issues and environmental problems. This connection allows adult learners to understand the core causes of major environmental issues and the resulting social inequalities. This method also allows educators to stress the importance of instilling environmental awareness so that learners do not forget their relationship with the natural world.

The United States was one of the first countries to officially recognize environmental education. During a joint House-Senate session in 1968, Congress acknowledged the importance of environmental education, and in 1970 passed the Environmental Education Act, which established the Office of Environmental Education.

To summarize the methods of adult environmental education training, environmental adult educators strive to instill learners with:

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In 1988 UNESCO organized the first intergovernmental conference aimed at reconciling the environment and development, now known as “sustainable development”. In the following years, UNESCO and the United Nations Environment Program (UNEP) initiated three major declarations that defined environmental education. Those included: ·

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1992 Stockholm Declaration. This document included seven proclamations and 26 principles “to inspire and guide the peoples of the world in the preservation and enhancement of the human environment.” 1995 Belgrade Charter. The product of the International Workshop on Environmental Education, this charter built upon the Stockholm Declaration by adding goals, objectives and principles for environmental education programs.

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a knowledge of environmental problems and their causes the skills to engage in social activism to combat those problems the attitude of respect and connection to the natural world a desire to change current practices to protect the Earth

The following principles inspire the work of countless Adult Education initiatives throughout the world today and can be considered as the basic principles of this educational and social phenomenon now: · ·

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Education is the right of all; we are all learners and educators. Environmental education, whether formal, non-formal or informal, should be grounded in critical and innovate thinking in any time or place, promoting the transformation and reconstruction of society. Environmental education is both individual and collective. It aims to develop local and global citizenship with 147


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respect to the self determination and the sovereignty of nations. Environmental education is not neutral but is value based. It is an act for social transformation. Environmental education must involve a holistic approach and thus an interdisciplinary focus in the relations between human beings, nature and the universe. Environmental education must stimulate solidarity, equality, and respect human rights involving democratic strategies and an open climate of cultural interchange. Environmental education should treat critical global issues, their causes and interrelationships with a systemic approach and within their social and historical contexts. Fundamental issues in relation to development and the environment such as population, health, peace, human rights, democracy, hunger, degradation of flora and fauna, should be perceived in this manner. Environmental education must facilitate equal partnerships in the processes of decision-making at all levels and stages. Environmental education must recover, recognize, respect, reflect, and utilize indigenous history and local cultures, as well as promoting cultural, linguistic, and ecological diversity. This implies acknowledging the historical perspective of native peoples as a way to change ethnocentric approaches, as well as the encouragement of bilingual education. Environmental education should empower all peoples and promote opportunities for grassroots democratic change and participation. This means that communities must regain control of their own destiny. Environmental education values all different forms of knowledge. Knowledge is diverse, cumulative, and socially produced, and should not be patented or monopolized. Environmental education must be designed to enable people to manage conflicts in just and humane ways.

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Environmental education must stimulate dialogue and cooperation among individuals and institutions in order to create new lifestyles which are based on meeting everyone’s basic need, regardless of ethnic group, gender, age, religious, class, physical, or mental differences. Environmental education requires a democratization of the mass media and its commitment to the interests of all sectors of society. Communication is an inalienable right and the mass media must be transformed into one of the main channels of education, not only by disseminating information on an egalitarian basis, but also through the exchange of means, values and experiences. Environmental education must integrate knowledge, skills, values, attitudes, and actions. It should convert every opportunity into an educational experience for sustainable societies. Education must help develop an ethical awareness of all forms of life with which humans share this planet, respect all life cycles, and impose limits on human exploitation of other forms of life.

Environmental adult education generally takes place in a non-formal education setting. This means that the organized learning can take place in many forms including vocational education, literacy education and on the job training. Adult learning is a central tool in the process of raising environmental awareness and promoting environmentally supportive action. Many environmental organizations disseminate information, organize community initiatives and practice non-formal adult education. Environmental educators and activists recognize the need to strengthen and innovate this educational dimension of their work. Environmental groups often seek the collaboration of adult educators, and in this sense they are trying to change their educational work from mere information sharing to more participatory and creative ways of learning.


Olga M. Tytarenko, ENVIRONMENT ADULT EDUCATION Environmental issues are becoming more and more important for other fields of adult education too. Given the negative effects of environmental degradation and pollution on peopleâ&#x20AC;&#x2122;s health, environmental questions can be dealt with in health education programmes. Environmental topics can also be an important component of community education programmes. Such programmes can provide a frame for linking environmental issues with social and political problems of the community. Collaboration between environmentalists and adult educators should be strengthened. They could, for example, join efforts in planning and implementing activities at the community level and promote local capacity building. At the same time adult educators and environmentalists should work together in influencing policy, at both national and international levels. The integration of the environment into general and vocational adult education can provide a range of new opportunities for an environmental education which is more relevant to learnersâ&#x20AC;&#x2122; concerns. This is particularly important for developing countries which are today experiencing serious environmental problems that directly affect peopleâ&#x20AC;&#x2122;s lives. Environmental education, if it is to be meaningful to adults in their daily lives, needs to address ecological questions in terms of the social, political and economic factors involved. In industrialized regions, for example, environmental education entails dealing with the crisis of modern production systems and their consequences for employment. In developing regions, on the other hand, it deals with issues relating to global production structures, national economy, international trade, local agriculture, development aid and foreign debt. One of the big challenges for environmental adult education is to change the widespread belief that what happens to the environment is not caused by our own actions, but by someone somewhere else. Yet adult educators are aware of the fact that, although community action is a powerful tool, there are clear limits to what can be achieved at this level, especially when local political and social conditions are taken into account.

AS A PART OF THE SOCIAL SECURITY POLICY

Although the negative effects of modern production and agricultural techniques on soil fertility, for example, are beginning to be recognized by many governments and aid agencies, yet there appears to be a continuing contradiction between the interests of economic growth and sustainable resource management. Technological progress is still considered a positive factor in economic development, even though it has many negative consequences for the natural environment. As a result, environ mental education often receives little attention and financial support from policy-makers. This is especially the case in countries which already have few resources for education. Environmental adult education often suffers from this mistaken conflict between economic growth and sustainable development. At times when economic needs are a priority, it might seem absurd to propose the integration of environmental dimensions into educational programmes. Yet this is a concern of many educators, social workers and development workers, in both developing and industrialized countries. Environmental education has the urgent task of overcoming such misconceptions. It needs to stress that environmentally friendly technologies can be an opportunity to modernize and improve production systems. More importantly, such an education needs to reveal to its participants that an ecologically sound production strategy does not automatically imply higher costs and lower revenues. The use of renewable energy sources is a good example to show how such measures can help people improve their incomes. Environmental learning encourages participation. It builds a vision in which the contributions of women, men, persons of different colors, abilities and creeds, indigenous people, the young and the old are equally respected. Environmental education explicitly draws from the knowledge of indigenous people and those who are closest to the land. The need to promote and build on local knowledge and indigenous traditions has been repeated time and again. Those communities often possess immensely valuable knowledge and mechanisms for coping with often harsh 149


SECURITY DIMENSIONS environments is widely known and acknowledged. The expertise of the learners, who have a firsthand experience of the changing environmental balance, is regarded as an important source of knowledge. Similarly, the role and authority of local communities in protecting their own environment is stated in many policy papers and reports. But in reality many indigenous populations today have been deprived of their rights, including property rights over the land they inhabit. Backed by national governments, international companies make enormous profits by exploiting national resources on a large scale. In these contexts, local concepts of resource management and conservation techniques have lost their meaning. Traditional knowledge, which functioned as part of a system of governance, no longer exists. It is often claimed that environmental education needs to include traditional knowledge and has a specific responsibility to revive and promote such traditions. However, in a context which is characterized by economic exploitation and political domination, local systems of preservation, which rely on local authority and control over resources, may no longer be effective. It is nevertheless possible and even necessary to use traditional knowledge in environmental education, provided that local traditions are reassessed in the context of the present conditions. This process of analysis and comparison of different strategies should be carried out in conjunction with and under the control of local populations. A process of critically assessing the value of local experience and avoiding externally imposed solutions should form the core of any environmental education programme. Otherwise such initiatives face the risk of becoming mere folklore programmes. ·

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For the conclusion there should be also listed a number of problems facing current adult environmental education: Government and donor polices with regard to adult environmental education are in a precarious state. Environmental education is less developed in adult and non-formal sectors than in schools.

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Teaching practices in environmental adult education often tend to be limited to the transmission of knowledge rather than to promoting a critical examination of environmental problems. Practical solutions are seldom promoted in environmental education for adults. Environmental education is seldom linked to the immediate environment of the participants. There is often a bias towards promoting ‘expert’ knowledge and scientific and technological approaches.

There is still the pervading notion that science is neutral, progress linear and growth unlimited. In other words, rather than critiquing dominant models of development and economic growth, adult environmental education remains locked within ideologies which have caused many of our contemporary environmental problems. To solve the problems above today the world is to understand the importance of environment adult education as the social problem. These include a close collaboration with the community and a democratic approach to project planning and implementation. Other strategies proposed were the integration of social, political and environmental issues into adult education programmes, identifying problems and the use of experimental and creative teaching/learning methods. The active involvement of nongovernmental organizations and local associations has been an important factor contributing to the growing prominence being given to environmental adult education.

REFERENCES 1. Adult environmental education: awareness and environmental action. A series of 29 booklets documenting workshops held at the Fifth International Conference on Adult Education Adult environmental education - Haburg, 1997. 2. "Chained" globalization of ecological education // http://mikrasna.narod.ru/english/en_ecolo gy/education.htm


Olga M. Tytarenko, ENVIRONMENT ADULT EDUCATION 3. Kalisz S., McPeek M. New trends of ecological education / Susan Kalisz, Mark A. McPeek. // The Americal Naturalis. – Volume 7 (June 2010) – p. 23-34. 4. Scott Leah. Eco-friendly behavior / Leah Scott // Southwest Tennessee Community College Journal – Spring 2012 – Volume 5 // [Електронний ресурс] Режим

AS A PART OF THE SOCIAL SECURITY POLICY

доступу: http://www.tn.edu/clubs/source/spring201 2V5I5.pdfSorrentino Marcos, Portugal Simone, Viezzer Moema. The “Treaty on Environmental Education for Sustainable Societies and Global Responsibility” // La Piragua, 2009.Йозеф! Свои данные поставишь как считаешь нужным.Оля.

AUTHOR Olga M. Tytarenko, PhD. Advanced professor Kharkov, Ukraine.

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Andrzej Wawrzusiszyn SECURITY MANAGEMENT VERSUS EDUCATIONAL PRACTICE

SECURITY MANAGEMENT VERSUS EDUCATIONAL PRACTICE Andrzej Wawrzusiszyn

ABSTRACT Processes that accompany modern man, create a new framework for social life. The turn of the century changed the world, and in the same time the conditions in which man lives. As a result of emerging threats security has taken a global figure. Ensuring human security in case of nonmilitary threats requires an integrated effort of all public administration bodies and other social and

economic entities that carry out tasks in the field of security and defence. The main objective of the state is, inter alia, raising awareness of the duties of citizens for security and defence, developing patriotic attitude and the acquisition of knowledge and skills necessary for efficient and effective operation in conditions of peace and states of emergency.

KEYWORDS security, management, education, threat, awareness.

INTRODUCTION High rank given to security by human civilisation has made its essence, understanding and finally its conditioning a subject of systematic analysis as well as scientific research conducted on different contexts. Regardless of age, gender, material status, pedagogical predisposition, level and phase of individual development etc. a human being would like to be secure. It had been thought that idea of ‘a secure man’ would be coherent and possible to realise together with the world development and achievements in various spheres inter alias in medicine, information technologies, motorization, new arm technologies, education, food production, new equipment to fight with different disasters. However, despite dynamic development of science, technology, education and culture, human life is the most endangered value1. The need of security is more or less conscious human aspiration. That is why, the 1

Comp. A. Cudowska, J. Kunikowski (scientific editor), Czynić świat bardziej bezpiecznym, Siedlce 2007, p. 106.

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questions appear: how one should live secure and creatively and not captivate oneself and other people on the way to security? How to create basis of security on different levels of political and social life? Finally, what kind of security paradigms should be accepted in pragmatic and philosophical understanding? 2. Predictions that the tragedy of the world wars had become a history and nearly halfcentury living on the edge of the nuclear war in XX century, expressed in F. Fukuyama’s thesis: ‘End of history’ as well as B. Clinton’s: ‘First of all economy, you fool’, appeared to be deceptive and naive. As always in history humankind has stood in front of the new challenges and threats in the field of security, which might be effectively counteracted and coped with only if societies and governments’ activities would be dominated by the motto: First of all security3. Vide: Wstęp, [in:] Bezpieczeństwo człowieka a transdyscyplinarność, volume I, scientific editor the priest E. Jarmocha, A.W. Świderskiego, I.A. Trzpil, Siedlce 2009, p. 5-6. 3 R. Jakubczak, J. Marczak, K. Gąsiorek, W. Jakubczak, Podstawy bezpieczeństwa narodowego Polski w erze globalizacji, Warsaw 2008, p. 7, quoted from: R. Kuźniar,

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SECURITY DIMENSIONS The processes that accompany modern man, create new frames of social life. The turn of XX and XXI century changed not only the world but also the conditions of human life. Today it is not enough to create quiet enclave of security within family, culture and state. Security has got global dimension together with appearing threats. However, it is always expressed individually, i.e. through the feeling of security of each human being4. THEORETICAL DIMENSION OF SECURITY Consideration for the essence of security is worth to be started from the thesis that the term ‘security’ presently belongs to polysemantic terms. It is used in different contexts, differently defined and understood. The multiplicity of meanings referring to this term is implied from the fact that it is used by growing number of modern sciences, their disciplines and subdiciplines. In this usage security is defined and understood in the context of many so called specific (qualitative) differences, from the point of view of classic definition – indication of type and specific differences. It is used in different contexts and differently defined – once wider, once narrower5. The evolution of the term ‘security’ as well as connected to it ways of assuring and thinking of security is a fact 6. It is visible especially on the example of international security. It has been thought at the turn of 40 and 50 years that the idea of international security expresses proper for each nation and state need for protection against military aggression and is based on state’s certainty that it would not be attacked or it would receive immediate and effective help from the side Po pierwsze bezpieczeństwo, „Rzeczypospolita” from 9.01.1996. 4 Vide: Wstęp, [in:] Bezpieczeństwo człowieka…, op. cit., p. 5-6. 5 Comp. J. Świniarski, Bezpieczeństwo w ujęciu aksjologicznym, [in:] Zarządzanie bezpieczeństwem – wyzwania XXI wieku, scientific editor M. Lisiecki, Warsaw 2008, p. 61. 6 More in: D.B. Bobrow, E. Haliżak, R. Zięba, Bezpieczeństwo narodowe i międzynarodowe u schyłku XX wieku, Warsaw 1997; M. Cieślarczyk, Psychospołeczne i prakseologiczne aspekty bezpieczeństwa i obronności, Warsaw 1997 and others; M. Cieślarczyk, Kultura bezpieczeństwa i obronności, Siedlce 2007, p. 13-102.

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of the other states in case of being attacked. In such an understanding the main means of assuring security was military force. The level of security understood in such a way depended on the scale of possible threats and the range of guarantee received by particular country. Security was understood as an external so international guarantee of freedom from threats, terror and attack for the state. Whereas its law international reflection was the level of international society involvement. The last aspect maintains typicality as the one of crucial factor of security, in both international and internal dimension7. As a result of civilisation development a conceptual field of the term ‘security’ has been systematically broadened in the scope of challenges and threats unknown so far and new means of their elimination8. According to J. Stefanowicz ‘ present days that bring civilisation development together with growing scale of threats, have changed the scope of security understanding. Understood strictly military in the past, security is presently broaden of important civilian aspects – political, economic, ecological etc. Secondly, its theology has changed. Not only a primary need of survival, but also protection of state and its civilians’ prosperity, protection of freedom and identity – including political system – compose functions of security policy. Thirdly, there is stronger, then in the past, dependence between national security and order, thus international security’9. Similar point of view is represented among others by S. Korycki, who claims that ‘Present idea of security includes – as it is generally assumed – wider dimension then in the past. Previous idea of security included mainly political and military aspects. Today it includes also economical dependency and correlation, raw materials resources issue, ecology, demography, social and humanitarian matters, as well as issues related to maintaining national identity and proper M. Cieślarczyk, Teoretyczne i metodologiczne podstawy badania problemów bezpieczeństwa i obronności państwa, Siedlce 2009, p. 27-28. 8 Vide: R. Zięba, Kategoria bezpieczeństwa w nauce o stosunkach międzynarodowych, [in:] Bezpieczeństwo narodowe i międzynarodowe u schyłku XX wieku, Warsaw 1997, p. 170. 9 J. Stefanowicz, Przedmowa, [in:] Współczesne pojmowanie bezpieczeństwa, scientific editor J. Stańczyk, Warsaw 1996, p. 7. 7

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Andrzej Wawrzusiszyn SECURITY MANAGEMENT VERSUS EDUCATIONAL PRACTICE participation in the modern world civilization development. The essence of security phenomenon should be seen in its connection with threat phenomenon, which means on the one hand psychological or awareness situation caused by perceiving phenomenon subjectively regarded as unfavourable or dangerous, on the other hand, objective factors causing states of uncertainty and fear’10. J. Stańczyk11 and R. Zięba quite harmoniously claim that, the term ‘security’ means state ‘without care’. It is associated with sovereignty, independence, responsibility and trust. According to social sciences, security, in its general meaning contains satisfaction of such needs as existence, survival, integrity, identity (sameness), independence, peace, possession and certainty – or rather high probability – of development. Security has subjective character, and being the most important need of individual and social groups, it is in the same time, the basic need of states and international systems. Lack of it causes feeling fear of danger. That is why each of the entities tries to influence the external surrounding and internal zone, matching and harmonizing with them – to move away or just avert the threat and eliminate fear, anxiety, concern and uncertainty12. Thus, human life is accompanied by two different feelings. On the one hand, the need of security, which guarantees one’s peaceful existence and development, on the other the feeling of threat, which disturbs, and often destroys goals and intention13. According to that, one cannot find oneself in reality, loses identity, cannot meet the requirements of mass education, feels overload by too much information and is threatened by impossibility of bringing under control dynamic technical development, which often happens. Even though, a man does not surrender so easily to those threats, one often feels powerless. Many weaker individuals resign from full, active S. Korycki, Bezpieczeństwo polityczne, [in:] System bezpieczeństwa Polski, Warsaw 1993, p. 53-54. 11 Vide: J. Stańczyk, Współczesne pojmowanie…, op. cit., p. 19. 12 Comp. R. Zięba, Kategoria bezpieczeństwa w nauce o stosunkach…, op. cit., p. 3-4. 13 Vide: W. Kitler, A. Skrabacz, Bezpieczeństwo ludności cywilnej. Pojęcie, organizacja i zadania w czasie pokoju, kryzysu i wojny, Warsaw 2010, p. 9. 10

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participation in creation of modern world. They passively surrender to situation, crossing out their identities and need of self-realization. Lack of feeling secure disorganizes psychological cognition, disturbs information processing and executive activities, introduces additional loading of consciousness and negative emotions. It is a situation in which no one can function reliably and effectively14. FUNCTIONS OF MANAGEMENT IN SECURITY Ensuring broadly understood security in the situations of non military threats requires integrated effort of all public administrative bodies as well as other social and economical entities fulfilling their tasks in the scope of security and defence. A special role in the activities aimed at protection is played by Civil Protection, the Police, Border Guard, National Fire Brigade, units of volunteer fire brigades and other rescue services and specialized agencies, inspections and services. Society gives the mission of responsibility for organizing and effective management of security to the above mentioned institutions and public administration bodies. In the forthcoming decade a management as a competency, reliability and efficiency will decide on perception and feeling of security. In the same time the demands for it will be constantly growing15. Presently public administration is facing an important challenge in the scope of security management. Among the others it is related to: - necessity of standardizing management procedures in crisis situations and leaving the way of regarding security in the narrow way and limiting it only to mankind protection, - leaving the way of planning activities from the point of view of planned situations for R. Rosa (scientific editor), Problemy bezpieczeństwa w myśli społecznej i wojskowej, Warsaw 1996, p. 244-245. Vide also A. Wawrzusiszyn, Poczucie bezpieczeństwa funkcjonariuszy Straży Granicznej, „Biuletyn Centralnego Ośrodka Szkolenia Straży Granicznej im. Marszałka Polski Józefa Piłsudskiego w Koszalinie”, 3/2010, Koszalin 2010. 15 Vide: P.F. Drucker, Praktyka zarządzania, Warsaw 2009, p. 21. 14


SECURITY DIMENSIONS the benefit of criteria of function (missions, tasks), - undertaking activities which order planning defence actions and actions in the scope of mankind protection in such a way that they would avoid organizational and competency contradictions16. These activities are related to planning, organizing, leadership and controlling. Planning is the essential element of management. The aims included in the plan determine future actions. The necessary condition of management staff and executors deep involvement into the fulfilment of those aims is their participation in the planning process, especially while searching and formulating general aims and particular objectives. Planning should be systematic and contain longer and shorter period. Operational plans (short-term) should be changing general strategies (long-term plans which usually include several years’ period) in the action schedule17. In the scope of assuring security the basic variables that have an influence on the planning process are: - a state of danger for civilians security, - their needs in this scope, - possessed human resources, premises, equipment, funds, informative18. A good plan is not enough for efficient acting and maintaining good quality of organization. The most important is to put it into practice, thus the following functions of management should appear: organising, leadership and controlling. The function of organising includes designing from the beginning or modifying existing organisation in such a way that it will be able to fulfil strategic tasks, and resulting from them operational activities included in the plans. The evolution of work of organizational structures, which occurs nowadays, causes that they become more network with changeable (pulsating) points of decision. In the security zone such a net should have not a several but only one dominating centre of decision. The unity of management has to be

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kept together with a kind of autonomy of action of institutions included in the net19. Implementation of the project of organization requires revival by influencing on employees behaviours, which determine the essence of leadership function. It is fulfilled by the work with the others and through the others to gain the aims of organization. The efficiency of manager relays mostly on his or her management skills, i.e. motivating subordinates, influencing on them, communicating with them and resolving conflicts20. Management of present security should be based on foundation of efficient control system. The knowledge about how the aims and tasks have been fulfilled is not enough for efficient management. That is why, the function of control, understood in a modern way, should include not only final control but also: - initial, - steering, - selective (accepting or rejecting)21. Thus, it should not be directed to improvement, but on preventing occurring mistakes. Security management has to be preceded by detail identification of security threats and their interaction, possibility of decreasing the probability of their occurrence, pacification of their course after activation and removing effects. Gained knowledge will make possible to elaborate procedures of entity’s security management as well as computer software of support and optimization of entity’s information and decision processes. Security system of particular entity should be adjusted to its possible threats and required level of security, which has to be guaranteed. Thus, the amount and quality of rescue forces and measures, necessary to guarantee for particular entity required security level, their organization and the way of conducting rescue activities after the threat appears (after the evidence) depend on the type, scale and possible Vide: M. Lisiecki, Zarządzanie bezpieczeństwem publicznym, Warsaw 2011, p. 171-186. 20 Vide: J.A.F. Stoner, C. Wankel, Kierowanie, Warsaw 2006, p. 358. 21 Quot.: J. Penc, Strategiczny system zarządzania. Holistyczne myślenia o przyszłości. Formułowanie misji i strategii, Warsaw 2001, p. 54-55, [in:] M. Lisiecki, Zarządzanie bezpieczeństwem…, op. cit., p. 225. 19

16 Vide: E. Nowak, Zarządzanie kryzysowe w sytuacji zagrożeń niemilitarnych, Warsaw 2007, p. 57. 17 Comp. L.R. Bittel, Krótki kurs zarządzania, WarsawLondyn 1994, p. 78-79. 18 Vide: W. Kieżun, Sprawne zarządzanie organizacją, Warsaw 1997, p. 324-328.

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In today’s world the huge scope of social awareness is occupied by scientific knowledge. There are such believes and opinions which are evaluated in the truth or false category, and required to be justified by the systematically used method in the scientific research. Present thinking is under dominant influence of science, however scholarship – real or seeming – is treated as the biggest idea ennoblement23. Thanks to signs, symbols and common convention, and generally speaking thanks to the language, people formulate ideas, views, convictions. These by being made accessible to the other people, by later common acceptance and respect become the patterns of thinking for the whole community, and create group and public awareness. People formulate judgements, statements, complicated models and theories by examining, analysing particular event or entity. It is done within a strictly theoretical zone, it is a domain of science. However, when it is transferred into practical zone, used in action by people, when science influences on social reality we can talk of public awareness. It is a kind of tool of science influence on practice24. The awareness of modern man should be understood as the ability of realising in conceptual categories what is the subject of perception and encounter. The aware man realises something, knows something, is aware of danger, responsibility25. In human life public awareness becomes important as the whole content of spirit

life, views, values, ideas, attitudes and believes typical for particular community, group or society26, and which become the patterns or schemes of thinking inculcated in their members and exacted by social pressure27. A variation of social awareness is consciousness of being safe, which in contemporary world is getting a special meaning and that is why it should shaped and developed in each possible form. The shaping of the awareness belongs to so called non-technical methods of reducing the consequences of threats and in many countries it is believed that using different education methods is more efficient and effective than using traditional28. The threats of nowadays world, their size and character extort the need of starting the education in this range as soon as possible in order to consolidate the plans of action in the situation of danger and teach young people how to cope with those situations form the very young age. Such actions are justified from the point of view of pedagogy and ethics and they also bring measurable effects to the society. The main aim of a state in the spheres of education and upbringing according to The National Security Strategy of Polish Republic is developing consciousness of the citizens obligations towards the state safety and defensive capacity, shaping the patriotic attitude as well as gaining knowledge and abilities for effective and rational actions in peace as well as in a state of emergency29. Social needs and inevitable changes in the area of security gave the beginning for the educational reform, which introduced ‘education for security’ into the teaching canon of obligatory subjects on the gymnasium level. The reform underlines the role of a young person, who entering the life of adults, is able to understand the merit of safety and threats, ensures the safety of himself as well as the persons in his surroundings, which

Vide. E. Kołodziński, Wprowadzenie do zarządzania bezpieczeństwem, http://www.uwm.edu.pl, access on 11.01.2011. 23 Comp. P. Sztompka, Socjologia. Analiza społeczeństwa, Krakow 2010, p. 298. 24 L. J. Krzyżanowski, O podstawach kierowania organizacji inaczej, Warsaw 1999, p. 284. 25 Słownik Języka Polskiego, Warsaw 1995, p. 526-427.

26 Encyklopedia Pedagogiczna XXI wieku, Warsaw 2007, p. 450. 27 P. Sztompka, Socjologia. Analiza…, op. cit., p. 307. 28 Vide: G. Aniszewska, R. Dobrowolski, P. Wiśniewski, Sposoby edukacji, informowania i szkoleń, Wrocław 2001, p. 11. 29 Strategia Bezpieczeństwa Narodowego Rzeczypospolitej Polskiej, p. 139, Warsaw 2007.

forecast of occurring also another types of threats22. Searching of activity patterns in the scope of citizens security management should not be limited to personal experiences. The knowledge about systems that function in the other countries is crucial. SECURITY IN EDUCATIONAL PRACTICE

22

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SECURITY DIMENSIONS is achievable through implementation of adequate contents into the school curricula. For that reason the system of education for security is indispensable. Nowadays, the totality of educational processes is understood under the term of education for security – the processes that are conducted mainly by the family, school, army, police, church, mass media, youth organizations and associations, working places, state and local government institutions oriented to shape the value-system, popularize the knowledge and form abilities important for ensuring national safety30. However the term is not new, recently introduced into teaching. Education for security is a natural consequence for the outspreading range of defence education, which means preparation of the society, with a special emphasis on the system of school children and academic students education, to fulfil the humanitarian tasks in order to reduce and eliminate consequences of breakdowns, catastrophes, natural disasters in peace as well as the striking agents during hostilities31. Education for security aims at shaping the consciousness of society in such a way that it will be able to understand the master of various threats and to predict them correctly but also to take active part in all the preventive actions connected with ensuring safety. With reference to school community, it can be assumed that education for security is an established system of didactic-educational activities of a school or any state and local government institutions functioning in school society with the aim to provide children and teenagers with knowledge, abilities and competences enabling them to act in the cases of crisis threats to health and life or any other extra risk situations32.

Vide: R. Stępień, Edukacja obronna (edukacja dla bezpieczeństwa), [in:] Leksykon pojęć dydaktycznowychowawczych dowódcy, Warsaw 1999, p. 69. 31 T. Siuda, K. Zaczek-Zaczyński, Edukacja obronna, [in:] Współczesne zagadnienia edukacji dla bezpieczeństwa, scientific editor R. Stępień, Warsaw 1999, p. 98-99. 32 J. Grzyb, Edukacja dla bezpieczeństwa – cele i treści kształcenia, programy nauczania, [in:] Wybrane zagadnienia edukacji dla bezpieczeństwa, scientific editor W. Kaczmarek, R. Socha, J. Grzyb, Ełk 2010, p. 69-70. 30

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It is possible that as a consequence of the above experiences the system of education will be enriched with issues concerning security management, which will be aimed at professional preparation of a citizen for acting and managing security in all the dimensions. TO CONCLUDE The desired situation is the one in which Polish society is fully aware of the threats and their possible consequences and is able to react and manage the crisis in a safe way. The success of it does not only dependent on government or local authorities, but also on each of the citizens. Moreover, it should be also underlined that from the point of view of financial means provided to cover the security actions – education is one of the cheapest and at the same time the most effective means having direct influence on the level of awareness of community safety.

REFERENCES Aniszewska G., Dobrowolski R., Wiśniewski P., Sposoby edukacji, informowania i szkoleń, Wrocław 2001. 2. Bittel L.R., Krótki kurs zarządzania, WarsawLondyn 1994. 3. Bobrow D.B., Haliżak E., Zięba R., Bezpieczeństwo narodowe I międzynarodowe u schyłku XX wieku, Warsaw 1997. 4. Cieślarczyk M., Kultura bezpieczeństwa I obronności, Siedlce 2007. 5. Cieślarczyk M., Psychospołeczne I prakseologiczne aspekty bezpieczeństwa I obronności, Warsaw 1997 and others. 6. Cieślarczyk M., Teoretyczne I metodologiczne podstawy badania problemów bezpieczeństwa i obronności państwa, Siedlce 2009. 7. Cudowska A., Kunikowski J., Czynić świat bardziej bezpiecznym, Siedlce 2007. 8. Drucker P.F., Praktyka zarządzania, Warsaw 2009. 9. Encyklopedia Pedagogiczna XXI wieku, Warsaw 2007. 10. Grzyb J., Edukacja dla bezpieczeństwa-cele I treści kształcenia, programy nauczania, [in:] 1.

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11.

12. 13.

14.

15.

16.

17. 18. 19. 20.

21.

22.

23.

Wybrane zagadnienia edukacji dla bezpieczeństwa, W. Kaczmarek, R. Socha, J. Grzyb (scientific editor), Ełk 2010. Jakubczak R., Marczak J., Gąsiorek K., Jakubczak W., Podstawy bezpieczeństwa narodowego Polski w erze globalizacji, Warsaw 2008. Kieżun W., Sprawne zarządzanie organizacją, Warsaw 1997. Kitler W., Skrabacz A., Bezpieczeństwo ludności cywilnej. Pojęcie, organizacja i zadania w czasie pokoju, kryzysu i wojny, Warsaw 2010. Kołodziński E., Wprowadzenie do zarządzania bezpieczeństwem, http://www.uwm.edu.pl, (11.01.2011). Korycki S.(scientific editor), Bezpieczeństwo polityczne, [in:] System bezpieczeństwa Polski, Warsaw 1993. Krzyżanowski L. J., O podstawach kierowania organizacji inaczej, Warsaw 1999. Kuźniar R., Po pierwsze bezpieczeństwo, „Rzeczypospolita” from 9.01.1996. Lisiecki M., Zarządzanie bezpieczeństwem publicznym, Warsaw 2011. Nowak E., Zarządzanie kryzysowe w sytuacji zagrożeń niemilitarnych, Warsaw 2007. Penc J., Strategiczny system zarządzania. Holistyczne myślenia o przyszłości. Formułowanie misji i strategii, [in:] Zarządzanie bezpieczeństwem publicznym, M. Lisiecki (scientific editor) Warsaw 2011. Rosa R. (scientific editor), Problemy bezpieczeństwa w myśli społecznej i wojskowej, Warsaw 1996. Siuda T., Zaczek-Zaczyński K., Edukacja obronna, [in:] Współczesne zagadnienia edukacji dla bezpieczeństwa, R. Stępień (scientific editor), Warsaw 1999. Słownik Języka Polskiego, Warsaw 1995.

24. Stefanowicz J., Przedmowa, [in:] Współczesne pojmowanie bezpieczeństwa, J. Stańczyk (scientific editor), Warsaw 1996. 25. Stępień R., Edukacja obronna (edukacja dla bezpieczeństwa), [in:] Leksykon pojęć dydaktyczno-wychowawczych dowódcy, Warsaw 1999. 26. Stoner J.A.F., Wankel C., Kierowanie, Warsaw 2006. 27. Strategia Bezpieczeństwa Narodowego Rzeczypospolitej Polskiej, Warsaw 2007. 28. Sztompka P., Socjologia. Analiza społeczeństwa, Kraków 2010. 29. Świniarski J., Bezpieczeństwo w ujęciu aksjologicznym, [in:] Zarządzanie bezpieczeństwem – wyzwania XXI wieku, M. Lisiecki (scientific editor), Warsaw 2008. 30. Wawrzusiszyn A., Poczucie bezpieczeństwa funkcjonariuszy Straży Granicznej, „Biuletyn Centralnego Ośrodka Szkolenia Straży Granicznej im. Marszałka Polski Józefa Piłsudskiego w Koszalinie”, 3/2010, Koszalin 2010. 31. Wawrzusiszyn A., Wasilewski P., Bezpieczeństwo personalne grup dyspozycyjnych społeczeństwa, [in:] Edukacja dla bezpieczeństwa w XXI wieku. Człowiek – bezpieczeństwo – państwo, W. Horyń, L. Wełyczko (scientific editor), Wrocław 2012. 32. Wstęp, [in:] Bezpieczeństwo człowieka a transdyscyplinarność, t. I, E. Jarmoch, A.W. Świderski, I.A. Trzpil (scientific editor), Siedlce 2009. 33. Zięba R., Kategoria bezpieczeństwa w nauce o stosunkach międzynarodowych, [in:] Bezpieczeństwo narodowe I międzynarodowe u schyłku XX wieku, R. Zięba (scientific editor), Warsaw1997.

AUTHOR Ph.D. Andrew Wawrzusiszyn – Assistant Professor of Department of Security and Public Order of Faculty of Law and Administration of Warmia and Mazury University in Olsztyn. Member of the Society of Defence Knowledge and Polish Association of Political Science. As part of his scientific research and didactic activities he specializes in issues of national security, internal security, security management and education for security. 158


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REFLECTIONS ON THE MECHANISM OF THE AUTHORITARIAN SYSTEM OF THE POLISH PEOPLE'S REPUBLIC BASED ON ACTIONS OF THE SECURITY SERVICE TOWARDS TADEUSZ PANKIEWICZ – THE RIGHTEOUS AMONG THE NATIONS OF THE WORLD Michał Zajda

ABSTRACT The purpose of this article is to identify mechanisms of influence exerted by security agents on citizens in authoritarian People's Republic of Poland. The author uses the life of Tadeusz Pankiewicz, honoured with the medal "Righteous Among the Nations", as an example to show the procedures ran by the security apparatus against citizen. The case of T. Pankiewicz was unique due to circumstances of

his wartime merit for the Jewish community of Krakow, his resulting social position, prestige and great respect he was bestowed with. It is therefore understandable that his case was considered special in an attempt to analyse. The text highlights operational methods, along with critical commentary, aimed at acquiring T. Pankiewicz for cooperation, and the actual failure of these efforts. The article has rich academic value and is based on archival material.

KEYWORDS Security, service, just, Pankiewicz, Kraków, Jews

The figure and deeds of Tadeusz Pankiewicz are widely known and admired throughout Poland, as well as abroad. During the war he used all means at his disposal to save many people, putting himself at the highest risk. He played a game of chance against German occupation forces, a game with lives being at stake. After the war, when the seal uniforms of the SS were substituted with Soviet apparatchiks for whom the occupational trauma became a pretext for acquiring power, Tadeusz Pankiewicz naturally found himself in the spectrum of their interests. Here too he had to play a game, not with human lives, but with human dignity at stake. Tadeusz Pankiewicz was born 21st Nov 1908 in Sambor, Lwów voivodeship. His family moved to Kraków as early as in 1909, where a year later Józef Pankiewicz, Tadeusz's father opened a pharmacy in Podgórze (then still a separate town) by the market square under number 18. The pharmacy was soon to inscribe

itself into Kraków's history in golden letters.1 In 1930 T. Pankiewicz graduates pharmacy at the Jagiellonian University, and after three years he takes over his fathers business. Upon German troops marching into Poland he leaves for Lwów, but returns to Kraków shortly. Immediately after his return in November 1939 he gets arrested as part of the so called Zweite Sonderaktion Karaku, but owing to lucky circumstances, gets released after only a month. On 14th March 19412 “Gazeta Żydowska” published a proclamation of erecting 'Jewish living quarters' in Podgórze. The legal basis was Frank's decree dated 20th Sept 1940, giving the Stadthauptmann and Kresihauptmann the power to limit the stay of certain people, or groups of people on their grounds. The transfer of people was conducted quickly and chaotically, for the general governor's decree forbid Jews to use any Anna Pióro, Magister Tadeusz Pankiewicz. Biografia, Kraków 2013. 2Gazeta Żydowska, 14th March 1941, No. 21. 1

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Michał Zajda REFLECTIONS ON THE MECHANISM OF THE AUTHORITARIAN SYSTEM… means of public transport since 15th March 1941. At the same time the Jewish district (the Ghetto) officially became a closed neighborhood. Beyond this date Jewish presence outside the ghetto walls was punishable by death. The ghetto housed all Polish Jews, as well as those from the Czech Protectorate and Germany, while Jews of different nationalities were exempted from this duty. Leaving the ghetto was only possible with a pass issued to those who could prove their employment outside the walls of the Jewish district. Regulations even allowed for leaving the city of Kraków, after deposition of the Identity Card in the Employment Office on Lubelska Street. If a given person did not receive their Identity Card until 15th March 1941, they were going to be displaced. The decree of erecting the ghetto forced all non-Jews to move out of the area until 20th March 1941. However, this did not apply to large factories, army-production facilities, the courtbuilding and the pharmacy on Zgody Square number 18. The personnel of these institutions received ghetto passes with the exception of the owner of the pharmacy - T. Pankiewicz - who stayed on call at night sleeping in a room adjacent to the pharmacy until the final liquidation of the ghetto on 13-14 March 1943. In an interview given years later T. Pankiewicz gives his account of the final days of the ghetto: „Life went on in the ghetto, until one day there was absolute silence (…) I was walking along the streets of this deserted habitat, with only the sound of my footsteps being heard. Sometimes I could spot a blood-covered hand sticking out someplace. Proof that those who survived the liquidation are still out there, hiding. Late at night they knocked at my pharmacy. My coworkers Irena Droździkowa, Helena Krywaniak and Aurelia Danek-Czortowa and me helped those who were willing to trust us entirely”3

Actual interest in the figure of T. Pankiewicz coming from the 2nd Department (counter-espionage) of the Security Service (Służba Bezpieczeństwa SB) may be dated 1957, when information on him began to be gathered. We may only presume why T. Pankiewicz was not subject of interest before that time. One potential Izabela Pieczara, „Ambasada” w dzielnicy śmierci, Kraków 1983, Echo Krakowa No. 60, Kraków 1983.

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reason is that before that date, do to obvious causes, he did not travel abroad. Another possible reason is that the Security Service did not pay much attention to Jews before October 1956, perhaps since it employed so many people of Jewish origin in its ranks4. It should also be considered that Jewish communities were slowly being built up after their annihilation during the war, so from an operative perspective invigilating them may have seemed a waste of time. After 1956 the geo-political situation in Poland and worldwide changed dramatically. The country of Israel was becoming more and more influential on the international arena, and so T. Pankiewicz's foreign connections may have become of importance to the „socialist reason of state”. In Poland, after the breakthrough of October 1956 a completely new political reality was introduced. The Jewish community became an outsider element, opposed to the otherwise ethnically uniform People's Republic of Poland. From November 1956 to December 1964 Mieczysław Moczar became the vice-minister, and later the minister (until July 1968) of internal affairs. He was a representative of the national-conservative faction within the party. Within such a political arrangement the invigilation of Jewish communities seemed understandable. Security documents dated around this period proved an increased interest in citizens of Jewish origin. Hence perhaps also the interest and first conversations with Pankiewicz. His acquisition as a secret operative seemed a bit odd and did not follow typical procedures. A direct and tangible proof of a successful acquisition was in most cases a pledge of collaboration signed by the operative. The document was handwritten, in longer or in shorter Based on the research of Ryszard Terlecki it must be noted that, contrary to popular belief, the security apparatus was represented by relatively few minority representatives, as in 1953 Jewish affiliation was declared by only 776 people, i.e. 2.3% of the total. It is not clear what nationality was declared by people of Jewish origin, but with changed names, often raised in assimilated environments; moreover, the statistical average presented itself otherwise among higher ranking officers, where the number of Jewish people was close to 40%. R. Terlecki, Miecz i tarcza komunizmu. Historia aparatu bezpieczeństwa w Polsce 1944-1990, Kraków 2007, p. 84) 4


SECURITY DIMENSIONS form. The operative used to sign it with their name and surname, as well as with a pseudonym of their choice.5 Among available archives no pledge signed by T. Pankiewicz may be found, only a note of confidentiality, signed by practically every person ever being interrogated or meeting representatives of the Security Service. So why did the highly bureaucratic SB decide to register T. Pankiewicz as a secret operative? We may only assume T. Pankiewicz was somehow blackmailed into cooperation, since without signing an official pledge he had no possibility of receiving any financial gratification for his work. So why did he agree to the meetings with the Security Service? It seems most probable he was forced to give account of his foreign journeys, threatened not to be able to leave the country at all. Agents of the Security Service worked on creating very detailed characteristics of T. Pankiewicz, analyzing all aspects of his life (behavior, appearance, convictions and personal matters). These were formed based on observation, as well as reports of informants. Any element that could possibly discredit T. Pankiewicz, becoming so called compromising information6, was always thoroughly analyzed. 5

Instrukcje pracy operacyjnej aparatu bezpieczeństwa (1945–1989). Edited by and author of introduction Tadeusz Ruzikowski. Warszawa 2004, p. 10. 6One of the basic methods of recruitment was gaining on incriminating materials: evidence of a crime or embarrassing information. Using a network of agents to identify a candidate may reveal his political convictions, attitude to work, his nature and weaknesses, addictions , habits , lifestyle, relationships in private life, etc. Even with the existence of compromising materials that could be the basis for recruitment, a full, comprehensive scan of the candidate is always desirable to ground the decision about the method that should be used during recruitment. Disclosure of individual, specific to the candidate's characteristics will determine what elements of the compromising materials held, or what arguments in case of recruitment without compromising materials should be used in order to obtain positive results. With the recruitment of candidates with use of very seriously compromising materials (intelligence agent , member of the underground) a required precondition is confessing to participation in anti-state activities and the submission of comprehensive evidence on the issue. Only an accurate diagnosis conducted in proper manner will ensure correct use of this material and result in successful recruitment for the agency. Instrukcje pracy operacyjnej aparatu bezpieczeństwa (1945–1989), Edited by and author of introduction Tadeusz Ruzikowski. Warszawa 2004, p. 35.

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Security agents realized from the outset, that despite the acquisition of T. Pankiewicz as an operative, his collaboration is unwilling and reserved. He only delivers information that would be otherwise available to the SB using typical operating methods (letters, phone-calls). T. Pankiewicz in his report on his journey to Belgium (the only one in the archives personally handwritten by him) explicitly stated the whole trip is taken „by order of the authorities”.7 It is difficult to assume he really believed what he wrote. More probably, he knew the authoritarian mechanisms at work in socialist Poland all too well and ruthlessly abused them. A security agent reading such words and preparing a note based on the report could not openly assume them to be snide, even though he probably realized they were. In reports that followed T. Pankiewicz informed of things of minor importance, occasionally mocking SB officers. During the next part of the conversation „Piotrowski” showed me photographs taken upon his stay in Antwerp and Holland in the month of November. Apart from streets, squares, etc., the photographs also showed fragments of the port and of docking ships, the backside of the Antwerp rail-station, etc. Considering the use of some photographs for operational purposes I have asked the TW to deliver the film-rolls for our next meeting.8

Late December 1961, after a meeting with TW 'Piotrowski', on a handwritten formal note M. Chećko writes: Do to the information provided not posing any operational value, but only general information, they will not be edited nor typewritten.9 - in other words, they are useless.

The formal withdrawal of T. Pankiewicz from the agencies' network took place on 10th Jan 1963. In the decision of transferring his personal file to the archives it may be read:

IPN Kr 009/6633/2 (37476/I), s. 32-33 (Note by T. Pankiewicz dated 10th Nov 1961) 8 IPN Kr 009/6633/2 (37476/I), s. 34-35 (Report based on the words of TW „Piotrowski” dated 11th Dec 1961) 9 IPN Kr 009/6633/2 (37476/I), p. 38-39 (Operational note on a meeting with TW „Piotrowski” on 19th Dec 1961) 7

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Michał Zajda REFLECTIONS ON THE MECHANISM OF THE AUTHORITARIAN SYSTEM… Considering he does not have possibilities for continued collaboration and due to him being hooded operative (he formally does not consider himself a collaborative), it is difficult to introduce him into communities that are of interest to us.(…) [A pledge of collaboration] was not taken, since he never filed [it].10

The analysis and conclusions, dated 20th Jun 1962, summarizing T. Pankiewicz's contacts with the SB, state: After a few operational interviews a permanent cooperation was suggested, to which he did not agree, filing only a signed declaration of confidentiality concerning our meetings. Despite this he was registered as a secret operative under the codename „Piotrowski”. As a result of our collaboration so far we came to realize, that no interesting information may be obtained from him, since he refuses to perform any tasks, making it fundamentally difficult to introduce him into Jewish communities active in Kraków. (…) In such situation I advise to formally eliminate TW „Piotrowski” from the agency networks.11

Efforts at acquiring T. Pankiewicz for active collaboration by the SB lasted from August 1961 to January 1963. His personal file, carrying the reference number IPN Kr 009/6633/1-2 (37476/I), was composed of characteristics, reports, confiscated letters, interviews with T. Pankiewicz, as well as various agency documents – it lacks a signed pledge of collaboration. Marked with his experience and knowledge, T. Pankiewicz knew who he was talking to and why, and remained careful about not saying too much. The period of occupation, the fight for his life and for the lives of others has taught him much. According to the author's opinion, the SB failed to achieve its goals, since: · It did not introduce a new agent into the Jewish community of Kraków (T. Pankiewicz was extremely valued and respected because of his merit). · It did not acquire any important information concerning specific persons living abroad. 10IPN

Kr 009/6633/1 (37476/I), p. 136 (Decision of transfering the personal file to the archives on 10th Jan 1963) 11 IPN Kr 009/6633/1 (37476/I), s. 132-133 (Analysis and conclusions on TW „Piotrowski” from 20th April 1962)

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It is difficult to categorize as real intelligence information the presented letters and street-view photographs, that the Security Service had access to anyway. After less than two years the kind of "flirt" T. Pankiewicz had with the security apparatus had ended, leaving two not overly extensive files of documents, the contents of which proves his extraordinary intelligence. “Gazeta Wyborcza” published a farewell article on 15th Nov 1993, dedicated to T. Pankiewicz and entitled With the eagle and David's star (Z orłem i gwiazdą Dawida) by Grażyna Lubińska. She wrote: Once, before the war, during one of many conversations held with the graybeard Matzner, Pankiewicz heard that: „Bread thrown into the river with a good intention will return even upstream”. Since March 1941, for two and a half years, Pankiewicz used to throw lots of bread into the river. Some of that bread did not have time to return to him, and so he left it to the citizens of Kraków and of Poland. - These words seem to be an adequate summation of the life and deeds of T. Pankiewicz.

REFERENCES 1. Gazeta Żydowska, 14th March 1941, No. 21. 2. Instrukcje pracy operacyjnej aparatu

bezpieczeństwa (1945–1989). Edited by and author of introduction Tadeusz Ruzikowski. Warszawa 2004. 3. Pieczara I., „Ambasada” w dzielnicy śmierci, Kraków 1983, Echo Krakowa No. 60, Kraków 1983. 4. Pióro A., Magister Tadeusz Pankiewicz. Biografia, Kraków 2013. 5. Terlecki R., Miecz i tarcza komunizmu.

Historia aparatu bezpieczeństwa Polsce 1944-1990, Kraków 2007. IPN DOCUMENTS: 1. IPN Kr 009/6633/2 (37476/I), s. 32-33 (Note by T. Pankiewicz dated 10th Nov 1961) 2. IPN Kr 009/6633/2 (37476/I), s. 34-35 (Report based on the words of TW „Piotrowski” dated 11th Dec 1961)

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SECURITY DIMENSIONS 3. IPN Kr 009/6633/2 (37476/I), p. 38-39 (Operational note on a meeting with TW „Piotrowski” on 19th Dec 1961) 4. IPN Kr 009/6633/1 (37476/I), p. 136 (Decision of transfering the personal file to the archives on 10th Jan 1963)

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5. IPN Kr 009/6633/1 (37476/I), s. 132-133 (Analysis and conclusions on TW „Piotrowski” from 20th April 1962)

AUTHOR Michał Zajda PhD. Candidate; IPN Kraków.

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SECURITY: EC0NOMY & LAW


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TRENDS IMPROVEMENT OF PERSONNEL MANAGEMENT SERVICE INDUSTRIES Lyudmyla Garasym

ABSTRACT Determining the most relevant trends that greatly affect the understanding of the principles of personnel management systems is a prerequisite for a more complete representation of mechanisms to improve the system of personnel management, disclosure of the theoretical aspects of management of human resources

in accordance with the current state of economic and social relations in the country. Along with a novel approach to identify priority improvement of the principles of personnel management , article management system first seen companies that belong to the service sector, describes the changes that have occurred in recent years.

KEYWORDS staff, services, human resources, social and motivational factors, the Constitution of Ukraine, wages, enterprise management

STATEMENT OF THE PROBLEM Transformations in the service sector, which began with the transition to a market economy Ukraine has not yet been completed, not reached the level of this area, typical for developed economies. The increasing role of services in the economy caused by the transition to a post-industrial stage of economic development [1, p 2]. In this regard, NS Hungarian said: " With the development of services related to not only change the structure of GDP , but also to the prevailing trends of employment in the service sector of employment in the industrial production. In terms of service Ukraine still lags behind the leading countries of the world, so it remains an important challenge development of services as a component of economic growth. So today is becoming increasingly clear that in order to accelerate the development of our countries need government policy in services or service policy, which should be developed and implemented by the state. The key objectives of this policy shall be: to stimulate entrepreneurship, expanding innovation, development of new types of advanced services, intensive investment attraction" [2, p 20].

Therefore there is an urgent research problem of the study of trends in services that affect patterns of reform, improving management companies belonging to this sector. ANALYSIS OF RECENT RESEARCH AND PUBLICATIONS Trends problems related to the development and use of human capital, improvement of human resources management in the service industry dedicated to a limited number of jobs. Some considerations on this issue expressed NS Hungarian , OB Morhulets, IV Derev'yanko, LA Bychikova and other scientists. However, the authors have not achieved the isolation of the trends that are most significant in the process of improving HR service industries and why this article is dedicated. THE AIM OF THE PAPER Is the isolation of trends in services related to improving human resources management system companies in this sector.

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Ludmyla Garasym TRENDS IMPROVEMENT OF PERSONNEL MANAGEMENT SERVICE INDUSTRIES

DESCRIPTION OF MAIN MATERIAL Understanding the current state and trends of development of services based on the interpretation the concept of "service". From the perspective of different scientific schools "service" is interpreted as use value derived work, which is defined as an activity, not as a thing, as a process – a set of intangible actions that occur between service consumers on the one hand and service personnel, resources, technical capacity of enterprises to provide services - on the other, as a change of the person or goods in the economic activity of the consent or owner of the goods , as the benefits offered by the organization of services to the client and others. The structure of the service sector includes the production of tangible and intangible services or disclosed through the provision of infrastructure segments , distribution, exchange, social management [3, p 13]. The dynamics of the service sector in Ukraine in recent years can be traced on the basis of statistical data. To characterize take the field in which, in our opinion it is the most importance of social and motivational factors in the course of changes in HR . Social and motivational bases that are studied in this paper is suitable for all areas and additional studies may be used in agriculture or industry, some service industries are the most sensitive. Among these key areas, we believe, is education, health care and tourism industry. These branches are united primarily dense dependency service quality and relevance of theoretical and methodological and organizational support for human resources management system , the ability of managers to implement changes according to the latest trends of civilization while not being in conflict with the market and the state authorities. Education and health are the most "social" related to them in some way of living for the citizens of Ukraine. Traditionally, the developed countries to ensure a high level of public service quality education and health play an outstanding role. Depending on the type of socioeconomic relations developing in society are different approaches to the population of these services, one of them recognizes the importance

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of all countries who are concerned about the future of their nation. The right to education is guaranteed by the Constitution of Ukraine (Article 53 ): "The State ensures accessible and free pre-school, complete general secondary, vocational and higher education in state and communal educational establishments, the development of pre-school, complete general secondary, extracurricular, vocational, higher and postgraduate education, various forms of training, providing state grants and benefits to pupils and students" [4]. Additional protection of the right to education is a means of natural and legal persons. The demand for educational services characterize these data. During 2010 – 2012 рр. The number of children receiving services in pre-school from 1273 thousand in 2010 to 1,354 thousand in 2011 and 1428 in 2012, an increase in demand for preschool education was accompanied by a build-up as the percentage of coverage children educational institutions (the number of children of appropriate age) – from 53% in 2010 to 59 % in 2012. In secondary schools the demand for educational services for the same years was reduced, which was a continuation of the trend since the 1995 – 1996 school year. While in 1995 – 1996 BC. the number of pupils in secondary schools was 7143tys . persons to 2012 – 2013 BC. their number decreased by 40.1 % - up to 4222 thousand. During the same period, the number of teachers declined at a slower pace compared to 1995 – 1996 BC. their number decreased from 596 thousand to 510 thousand (or 14.4 %). Reduced (but not so fast) and the number of vocational – technical schools. The number of consumers of educational services in these institutions in 1995 amounted to 555.2 million people by 2012 , that number dropped to 423.3 thousand (or 23.8 %). However, it is worth noting that in 2012 sharply reduced the number of trained ( issued ) skilled workers than in 2011 year – 38 thousand. While in 2011 compared with 2010 production decrease was 7.3 million people, and in 2010 compared to 2009, this figure rose 8 million people. These data may indicate the general fluctuations that occur as a result of various initiatives and correction of the educational process and control changes the requirements for teaching staff and social trends


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(eg, axiological transformations - view or strain values in society generally). Decreased during 2010 - 2012 , the number of students enrolled in higher education and, consequently , the number of graduates. At the beginning of 2010 – 2011 academic year in higher education – II levels of accreditation received educational services 361.5 thousand. In 2011 – 2012 BC. their number amounted to 356.8 thousand (decreased by 1.3%) in 2012 - 2013 BC. y - 345.2 thousand people (3.3% reduction on the previous school year). For higher educational institutions of III – IV level of accreditation, the figure was 2129.8 thousand in 2010 – 2011 BC., 1954.8 thousand in 2011 – 2012 BC. and was 1824.9 thousand in 2012 – 2013 BC. was reduced and the number of issued professionals over the years [5]. An important factor in the changes in the education industry in terms of providing highly qualified specialists – graduates are listed above along with enhancing the outflow of talented young people to study abroad. Along with the exodus of scientists and competent professionals is reduced intellectual capacity Ukraine , and thus the ability to innovate, reduce the quality of products and services, weakens economic security, institutions, and state and competitiveness in foreign markets. Along with zahalnozherzhavnymy measures to improve the education system effective driver for change in the provision of educational services must be the work of the teaching staff. Improving the management staff of educational institutions in Ukraine should be based on the principles of humanity, the assertion of high moral values and commitment to strengthening the Ukrainian nation and its people. This task involves complex multivector work to improve human resources management system , and one of the most important vectors, in our opinion, should be to ensure consideration of social and motivational principles. Several other factors determine the direction of improving the work of staff in the health sector. For a complete description of them will give a brief overview of the industry. In 1996 there was a tendency to reduce the number of hospital . While during 1990 - 1995 years, their number was unchanged and amounted to 3.9 thousand in 1996 have decreased to 3.7 thousand in the future during the

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year was a decrease of 0.2 thousand , and then in 2012 left 2.4 thousand hospital (cumulative reduction was 35.1 %). Instead, for the same years (1996 to 2012) to 1.2 thousand increased number of outpatient clinics (7.1 thousand in 1996 to 8.3 thousand in 2012) , and their planned capacity (per 10 thousand population) increased by 15.8 % (from 189.7 in 1996 to 225.4 in 2011, almost at the same level until 2001 was located sanatoriums number of treatment - the average for 1993 - 2001 it was 544.6 institutions. Prior to 1993 saw an increase in the number of institutions of this type, after 2001 - a sharp decline, which was 8.5 % (from 555 institutions in 2001 to 508 in 2011). Nevertheless decrease in available health centers started in 1995 and in 1995 - 2011 was 11.3 %. Skozha situation over the years has developed and defined around sanatoria and houses of rest . varying number databases and other recreation facilities - in 1991 it was 2236 establishments by 1997 reduced to 1754 schools, and then increased until 2004 and then declined again until in 2011 was not 1947 institutions. yet at the same time seats all the time almost uniformly declined - from 318 thousand in 1991 to 216 thousand in 2011 (or 32.1 %). The same trend was observed with children's camps (children's rehabilitation and recreation facilities). their number in 1991 increased by 40.6 % (from 10,521 establishments in 1991 to 17703 in 2011) , and given the current rate in the 5601 establishment of the state in 1997, their growth as of 2011 amounted to 68.4 %. Nevertheless, the number of seats they have since 1994 been steadily declining by an average of 4.82 thousand per year. Compared with 1991, as of 2012 13 thousand reduction in the number of physicians of all specialties and 177 thousand – the number of nursing staff. However provide doctors for 10 thousand people during the same period even increased from 44.4 per 10 thousand population in 1991 to 47.9 per 10 thousand in 2012 , but declined to ensure nurses per 10 thousand population - from 119.4 in 1991 to 97.2 in 2012. comparison, first number of reported cases from 1992 to 2012 ranged from 30169 - 33833 thousand . most unfavorable during this period were 1993 (33,833 thousand diseases) , 2000 (33,471 thousand), 2001 (33,192 thousand ) and lowest disease was registered in 1996 ( 30,169 167


Ludmyla Garasym TRENDS IMPROVEMENT OF PERSONNEL MANAGEMENT SERVICE INDUSTRIES

thousand), 1997 (31158 million) and 2012 (31162 K) [5]. Average wages in the health sector at the end of 2012 was 2594 USD. and was the lowest on fisheries (1769 USD.) , agriculture and hunting (2104 USD), hotel and restaurant business (2291 USD). However it should be noted that this growth rate in 2012 compared to 2011 amounted to 473 USD. (or 18.2 %), as compared with 2007 - 1454 USD. (or 56.1 %) [5]. The dynamic growth of financial security restoration workforce in the health sector is one of the evidences of state recognition of the needs of citizens in the quality of medical services and output field from the shadows. Operating tendencies can assume the presence of a high demand for innovative means of implementing an effective interaction between medical staff and consumers of health care . We believe that today a significant underfunding industry active in the medical services market scams and low-skilled specialists unjustified promotion of non-traditional methods of treatment of the factors reducing the effectiveness of human resource management of medical institutions. The result is a proliferation of corruption, shady schemes to obtain illicit rewards increase in the number of poor quality of services provided by health care professionals . And when it comes to service recreational character, poor service caused damage may be limited spoiled the holiday, while the imperfections in the management staff of health facilities that affect the lives and health of citizens of Ukraine, and especially children are , in fact, threat to national security. Thus , along with the withdrawal of the proceeds of health facilities from the shadows, fighting scams on the market of medical services, continuous control over the quality of services provided by the companies of this sector sake of national security is to review personnel management system and the need for its improvement, taking into account social motivational principles. Again, another set of factors characteristic of the quality of tourist services. First of all, tourism is different from health and education increased level of free will in shaping the demand for services. Secondary education is compulsory in accordance with the Constitution of Ukraine. 168

The demand for pre-school educational services, educational services, vocational training and higher education to postgraduate education depends on the desire of individuals to increase their competitiveness in the labor market, to generate appropriate competencies to advance their career , providing them and their family a decent living opportunities . Desire fulfillment (selfactualization), which is so highly ranked scientists and researchers of human motivation Maslow and Rogers [6, 7] makes a significant number of people recognize education an integral part of their lives. Similar is the case with health care. The disease is an engine that certainly makes for most people to seek health care, the desire to defend himself, his life is even more powerful than the aspiration to self-realization. Formation of demand for tourist services not dependent on immediate human needs (such as in the case of need for health services) and not determined samorealizatsiynymy motifs (educational services). Then and trends that should be considered in the study of features to improve the system of personnel management in the tourism industry are different. During the 2010 – 2012 period Ukraine was visited by thousands of people just 65631.446, 21877.149 thousand on average per year. Traveled abroad at the same time 58386.013 thousand people in an average year – 19462.004 thousand. However, it was much smaller number of people served by tourist firms Ukraine. To the hotel industry enterprises – businesses under methodological explanations State Statistics Service of Ukraine include hotels, hotel business centers, motels, campsites, youth camp sites and mountain shelters, facilities, suitable for hotels, hostels and other places for temporary residence [walk method]. In 2010, travel agents dilyanosti provided services 2280.757 thousand during 2011 – 2199.977 thousand, in 2011 this number amounted to 3033.647 thousand people and was the highest after the pre-crisis 2008 when hotel management services companies in Ukraine proceeded 3041.655 thousand (compared to 2009 compared to 2008 decline rate was 751.558 thousand or 24.71 %) [ 5]. Prior to 2008 levels could not recover indicator of the number of foreign tourists in the


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total number of persons who took advantage of tourism services. The decline in the number of foreign tourists who have seen thousands of 590.641 in 2003 to 299.125 in 2006 was somewhat diluted increase to 372.455 thousand people - 372.752 thousand in 2007 – 2008 and beyond continued to the lower limit to 234.271 thousand in 2011 in 2012, compared with 2011 growth index number of foreign tourists reached 35.698 million people, or 13.22 %. However, compared to other parameters such increase seems disappointing. Thus, the number of tourists – citizens of Ukraine who traveled abroad remained was the same in 2008 (1282.023 thousand), 2010 (1295.623 thousand) and 2011 (1250.068 thousand) years, amounting to average for the years 1275.905 thousand and prosivshy only crisis of 2009 to 913.640 thousand. However, in 2012 compared to 2011 growth rate was 36.11 % or 706.415 . At 91.557 million people (or 11.34 %) in 2012 versus 2011 increased tourist flows another indicator - the number of domestic tourists . In general, after growth in 2007 compared with 2006, the number of domestic tourists more than 2 times (from 1039.145 to 2155.316 thousand ), the number of people willing and able to obtain travel services in Ukraine to 2010 fell to 649.299 thousand and gradually began to recover , reaching 715.638 thousand in 2011 and 807.195 thousand in 2012 year [5]. In the field of hotel and restaurant business , the average wage in 2012, January – December 2057 amounted to USD. For the same period in 2011 – 1777 UAH, 2010 – 1455 USD Thus the deviation from the average for all economic activities in 2012 amounted to – 969 USD. In 2011 – 856 USD. And in 2010 – 784 UAH. At the same time high enough saved a number of hotels and similar arrangement of – a reduction of 3162 in 2011 to 3144 in 2012 was accompanied by an increasing number of places with 154.2 thousand to 162.8 thousand and the number placed on 4656.8 thousand to 4983.9 thousand people [5]. Characteristic patterns of tourist flows, pay in the hotel and restaurant business and the situation on the market of hotel services suggests the presence of a number of trends that define the basic principles of research position improvement of human resources management in the provision

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of tourism services. First of all, we should note pattern, valid also for the educational sector and the health sector. With the high demand for competent specialists who are able to provide adequate service quality and service delivery accompanied by an appropriate level of understanding of the importance of service quality within interpersonal relationships and values critically low level, the financial support of these professionals. On the basis of the statistical data we can get an idea of the situation in the service industries. Business service industries is largely determined by environment activities. Accordingly, the challenges that are faced by managers determine the directions of reforming human resources management system based on external factors of the enterprise service market . SUMMARY On the basis of the trends and patterns of business service industries it is possible to distinguish trends that are crucial in the study of the principles of improving the personnel management system of enterprises: 1. Dialectical and systematic approach to research development of HR service industries are expanding prevention tools lag in the development of the company , giving impetus for deeper integration into the global socio- economic system, determine the basic values and principles of human resource management in the modern world. 2. Shifted vector construction and development of human resources management in the direction of bureaucracy, dogmatism, conservatism to the activation development, increasing the value of innovative motivation and incentives, develop new mechanisms for expanded reproduction of human resources. 3. Changing the value of humanitarian factor ( the "human factor ") in the enterprise and competitiveness depending on the development of civilization and the particular society . The growth of the role of human factors in management now becomes the integration of the company into the world economy through the implementation of fundamental human values while preserving an adequate level of economic security, independence and competitiveness. 169


Ludmyla Garasym TRENDS IMPROVEMENT OF PERSONNEL MANAGEMENT SERVICE INDUSTRIES

4. Redistributed focus of enterprise development, a priority is defined harmonious development of all its subsystems based on anthropological priority : the company for people and for the people that apparently results in system integration company categories of social responsibility, cooperation enterprise and government based on democracy and the rule of law and internal - in the humane treatment of workers, observing their rights and providing opportunities for self-realization. 5. Growing need for constant review and improvement of the structure of the personnel management system for the prevention and counteraction to new internal and external threats to the enterprise , to achieve sustainable development of all subsystems and enable compliance of obligations to employees, society and the state. 6. Offset humanistic priorities and lack of social and motivational principles used to improve HR systems leads to deformation of understanding of the importance of work and the restoration of human resources , narrowing their innovative capacity , deterioration in the quality of services produced, depending on the implementation of the general civilization values in his career, and consequently – to loss of competitiveness in markets that are growing rapidly and changing economic situations.

REFERENCES 1. Моргулець О.Б. Роль сфери послуг в економічній системі України [Електронний ресурс] / О.Б. Моргулець // Збірник наукових праць Луцького національного технічного університету. – Вип. 7 (26). – Ч. 2. – Серія “Економіка та менеджмент”. – Режим доступу : http://archive.nbuv.gov.ua/portal/soc_gum/ en_em/2010_7_2/27.pdf 2. Венгерська Н. С. Проблеми розвитку сфери послуг як складової національного господарства // Бізнес Інформ. – 2009. – № 11. – Т. 1. – С. 19 – 21. 3. Дерев’янко І. В. Сфера послуг: сутність, структура та чинники формування попиту / Наукові записки Національного університету "Острозька академія" . – 2013. – Вип. 21. – С. 12 – 16. – (Серія : Економіка). 4. Конституція України : за станом на 08.12.2011 р. [Електронний ресурс] / Верховна Рада України. – Режим доступу http://zakon1.rada.gov.ua/cgibin/laws/main.cgi?nreg=254%EA%2F96%2 D%E2% F0 5. Державний комітет статистики [Електронний ресурс]. – Режим доступу : http://ukrstat.gov.ua/ 6. Маслоу А. Мотивация и личность / Маслоу А. – СПб.: Питер, 2008, 352с., 3-e изд. (Серия «Мастера психологии»). 7. Rogers C. R. A way of Being / Rogers C. R. – NY. : Houghton Mifflin, 1995. – 395 p.

AUTHOR Garasym Lyudmyla PHEE Lviv University of Business and Law, Lviv, Ukraine.

170


SECURITY DIMENSIONS 10

DEPENDENCE OF PERSONAL FEATURES AND NEEDS OF DEVELOPMENT OF PERSONNEL MANAGEMENT FROM CHARACTER ACCENTUATION Myron Leskiv

ABSTRACT The work conducted by the research of staff professional features with different accentuation of character, their strengths and

weaknesses, important areas of personal development depending on the nature of the accentuation of the employee.

KEYWORDS motivation, development, development needs, accentuation, management

STATEMENT OF THE PROBLEM AND ITS RELATIONSHIP TO IMPORTANT SCIENTIFIC OBJECTIVES

Lichko and Ehides [2,4,7] for the psychological characteristics of people from accentuation of their character.

In motivating of staff more attention paid to using of intangible motivational levers and psychological characteristics of employees. One of the areas is the selection of objectives and incentives, depending on the nature of the accentuation of the employee. We attempt in this work to investigate the relationship between the needs and development of the personality and character accentuations employees.

SETTING OF PURPOSES

ANALYSIS OF RECENT RESEARCH AND PUBLICATIONS

There was executed the analysis of works of some scientists about the motives and needs of employees, including Ilyin, Vereshchagina, Sobchik [1,3,8] to determine the best motivational levers and also Leonhard,

The purpose of this research is exploring the features of the professional staff of different accentuations nature and trends of importance to them for efficient selection of motivational levers. DESCRIPTION OF MAIN MATERIAL Exploring the psychological characteristics of employees with different accentuation of character we stopped into 5 main character accentuation, proposed by Leonhard: epileptoid, paranoid, hysteric, hyperthymic, schizoid each has its own characteristics, its own strengths and weaknesses (Table 1).

171


Myron Leskiv DEPENDENCE OF PERSONAL FEATURES AND NEEDS OF DEVELOPMENTâ&#x20AC;Ś

TABLE 1 Features of employees with different accentuations of character

ACCENTUATION

STRONG SIDES

WEAK SIDES

Epileptoid

Accuracy Conservativeness Serenity Punctuality Reliability Reasonableness Diligence

Excessive pedantry Resistance to changes Lost in unfamiliar situations Absence of flexibility Can be arrogant

Paranoid

Purposefulness Vitality Activity Charisma Good leaders Catalysts of social processes

Susceptibility to manipulation Aggressiveness Infidelity Intolerance

Hysteric

Sociability Sociableness The ability to make a good impression Ability to be notable Artistry

Selfishness Susceptibility to manipulation Having a weakness for responsibility Excessive interest

Schizoid

Intelligence Idea generator Erudition Responsibility Reliability

Reticence Weak sociability Disorganization

Hyperthymic

Sociableness Vitality Communicability Enterpriseness Initiativeness

Needs and desires stimulate human development in a certain direction. That is, any requirement leads to the need to meet that stimulates the onset of development in a particular direction. Human desire for psychological comfort necessitates certain actions to achieve it. The process of achieving goals and move forward is important for a person, because after achieving certain goals man some time enjoying it, but then the discomfort will come, it becomes boring and a person sets itself new goals and the process begins again, but on a higher level. When a person moves in ascertained direction (i.e., to 172

Rebelliousness Inattentiveness Having a weakness for responsibility

achieve a particular purpose) then on its way appear problems and a person is improved by solving them. If a person over a long period of time does not develop its psycho-emotional condition gets worse, and even a depression. There are three main areas of this development: emotional-psychological, statuspower, and intellectual-cognitive. Human development in the socialpsychological direction allows a person to get the internal comfort, comfort relationships and meet the needs of a good emotional state. This may include the need for self-expression,


SECURITY DIMENSIONS 10 communication with interesting people, that means all human needs associated with creating a good mood and psychological comfort. Human development in this area makes person happy. Development in the status area allows a person to climb over other people to gain the respect of others and gain a sense of personal significance. If a person has a normal self-esteem, then this direction for a person is less important than for a person with low self-esteem. Therefore, for these people career advancement is important. People always try to compensate the lack of inner harmony by external factors, but in fact a crucial are internal factors. Increasing a knowledge and development of intellectual abilities allows people to better navigate in the environment. Eventually human gets the experience to respond in certain situations, allowing it to better address current problems and increases the speed of its development. It takes at lower levels the form of simple concernment. Requirements arising person cannot always be attributed to any one direction, they can intersect. A man has certain needs for a certain period of development, but during the life the dominant set of requirements, that is so compelling that people tend to act for the sake of pleasure, changes significantly. This change is due to human interests on different stages of its development. As a result of the author studies the nature of people accentuations by K. Leongard classification, it was found that the importance of different areas of psychotypes will be different. Thus, for paranoid needs of sociopsychological and intellectual-cognitive direction are important if they help them to approach to their objectives. The best incentives for them will be high level of payments, power, career, status elements such as official cars. For hysteric persons is important attention of other people, so meeting the needs of status-power and cognitive-

intellectual directions will be important in the event that it will attract attention. Among the most important motivational factors for hysteric persons will be recognition of the staff, certificates, awards and more. For schizoid persons major will be intellectual-cognitive needs, it is important in a relationship to share interesting information, but they can easily spend time alone. The best motivational factors for them will be interesting job, possibility to organize their time, freedom of action. For hyperthymic persons are important the social-psychological needs. Good relationships in the team will be a key motivational factor for them. For epileptoid persons are important status-power needs, as well as stability and comfort, they honor a good relationships with people. The new knowledge they will acquire only if it is necessary to achieve certain goals immediately. It will be important for them in the work if there are comfortable working conditions, respect and relationships with management, stability and good payments. There are many elements of the social package in modern management and other motivational factors. The importance of specific development needs for the individual can predict on the base of the character accentuation. Since the relevance of specific needs will vary even for workers with one character accentuation, it should be used to assess their value ranges. For their scoring we accept: 8-10 points is very important, 5-7 important, not very important 0-4 and to simplify the calculations we take the average value of 9, 6 and 2 points. The results are summarized in Table 2. Based on this table, letâ&#x20AC;&#x2122;s calculate the importance of the various areas of development for workers with different psychological types. As the number of needs in each direction are different, then it is better for the mapping accuracy to use the mean values within the same direction. The results are shown in Table 3 and Fig. 1.

173


Myron Leskiv DEPENDENCE OF PERSONAL FEATURES AND NEEDS OF DEVELOPMENTâ&#x20AC;Ś

TABLE 2 The importance of the development needs for employees of different accentuations of character in points

BASIC NEEDS

ACCENTUATION Epileptoid

Paranoid

Hysteric

Schizoid

Hyperthymic

6

6

9

2

9

6

9

9

2

6

6

2

9

9

9

9

9

9

6

9

6

9

9

6

2

6

9

2

9

2

9

9

6

6

9

6

6

2

9

2

2

2

9

9

6

9

6

2

9

2

2

2

2

9

2

6

6

9

6

6

The need for social involvement The need for self-expression The need for love Basic needs: food, safety, health Necessity of significance Necessity of freedom Necessity of health Necessity of knowledge Necessity of creative work Necessity of skill Necessity of search for truth Necessity of new experiences TABLE 3

AREAS OF ADVANCE PSYCHOLOGICAL TYPE Epileptoid Paranoid Hysteric Schizoid Hyperthymic

174

Social-psychological

Status-power

Intellectual-cognitive

34% 32% 45% 22% 47%

37% 50% 33% 35% 32%

29% 18% 22% 43% 21%


SECURITY DIMENSIONS 10

Fig. 1. The structure of needs in the areas of different accentuations of character

175


Myron Leskiv DEPENDENCE OF PERSONAL FEATURES AND NEEDS OF DEVELOPMENT… SUMMARY Summarize investigated studies on the most important needs of employees with different accentuations of character we can conclude that for people with paranoid and epileptoid accentuation major will be needs of power-status direction and with hysteric and hyperthymic accentuation - social-psychological but with schizoid accentuation – intellectual-cognitive direction. PERSPECTIVES FOR FUTURE RESEARCH There is necessity closely examine in further studies the motivational influence of each element of the social package for management of different accentuations of character.

REFERENCES 1. Верещагина Л. А., Карелина И. М.. Психология потребностей и мотивация персонала. — Х. : Гуманитарный центр, 2002. — 153с; 2. Егидес А.П. Как разбираться в людях, или психологический рисунок личности. – М.: АСТ-Пресс, 2004. – 213 с.;

3. Ильин Е П. Мотивация и мотивы: Учеб. пособие. — СПб. и др. : Питер, 2003. — 508с.; 4. Леонгард К. Акцентуированные личности. Пер. с нем. Ростов н/Д; изд-во ЛРНЦ "Феникс", 2000.- 544с.; 5. Леськів М.Р. Формування потреб розвитку та джерела виникнення мотивації персоналу / Петрович Й.М., Леськів М.Р. // Науково-практичний журнал „Регіональна економіка”. – №4 (42). – Львів, 2006, ст. 264-271; 6. Leskiv M. The features of characters in the system of motivation of personnel / Polishchuk Ye., Leskiv M.// Вісник черкаського технологічного університету. – Спецвипуск 2009. – Черкаси 2009, ст. 183-186 ; 7. Личко А.Е. Типы акцентуаций характера и психопатий у подростков. - М.: ООО АПРЕЛЬ ПРЕСС, ЗАО Изд-во ЭКСМОПресс, 1999.- 416с. (серия "Психология ХХ века"); 8. Собчик Л. Психодиагностика професионально важных свойств и деловых качеств личности / «Менеджер по персоналу» №5/2005, с.40-47.

AUTHOR Assist. Prof. Myron Leskiv National University “Lvivska Politekhnika” Department of Management of organizations

176


SECURITY DIMENSIONS

10

ANALYSIS OF SOCIAL STRUCTURE AND EVALUATION INDICATORS OF ENTERPRISE DEVELOPMENT Jeanna Vitalivna Semchuk

ABSTRACT The paper presents the essence of the social staff structure of the enterprise. The important characteristics that impede the development of social enterprise

development and social activity of staff are revealed in this article. The basic indicators for assessing social development of industrial and economic structure (of enterprise) are given.

KEYWORDS enterprise, social staff structure, social enterprise development, evaluation indicators, science

STATEMENT OF THE PROBLEM

THE PURPOSE OF THE RESEARCH

Currently, issues of social structure and evaluation indicators of enterprise development have become the subject of economic research. The most acute question is: the nature of the social staff structure of the enterprise, the main indicators for assessing social development of industrial and economic structure (of the enterprise). It is connected with the fact that social development is an important area of effective organization in the enterprise.

According to the analysis of economic sources and practice on aforementioned issues: 1) to present the essence of the social staff structure of the enterprise; 2) to reveal important characteristics that impede the development of social enterprise development and social activity of the staff; 3) to give key evaluation indicators of the social and economic development of the industrial structure.

ANALYSIS OF RECENT RESEARCH AND

PRESENTATION OF RESEARCH MATERIAL

PUBLICATIONS

Nowadays, the problems of social structure and evaluation indicators of results of the enterprise development are being researched by such scholars as Kuzmin O.Y., Popovich P.Y., Protsyuk T.B., Skrynkovskyy R.M., Shpak O.G., Yankovska L.A., and others. [1 - 6]. In publications of these authors different aspects are revealed, but very little attention is paid to the analysis of social structure and evaluation indicators of results of enterprise development, taking into account current practice in Ukraine.

As a result of the review of the literary sources and practice on aforementioned issues it is necessary that the position of scientist PY Popovic [1, p. 161] that the social staff structure of the enterprises ( SSSE ) means an important characteristic of its social development which is the ratio of different social groups and strata of the staff, should be accepted. The scientific paper by Skrynkovskyi R.M. and Protsiuk T.B. [2] states: " People (employees) are the most important situational factor of the enterprise, and its role is defined by the following characteristics: ability, talent, needs, knowledge ( specialization ), behavior, attitude 177


Jeanna Vitalivna Semchuk ANALYSIS OF SOCIAL STRUCTURE AND EVALUATION INDICATORS…

to work, position , understanding of values, the surrounding ( the group , which includes ), the presence of qualities of leadership, etc.. Employees of the organization are divided into: management staff (managers, professionals, employees ) and workers (primary and auxiliary production) "[2, p. 16]. On this basis SSSE is determined by various factors and depends on [1, p.161]: - the legal form of the enterprise; - management structure (structure – a relationship between levels of government and

types of work (functional responsibilities) that are performed by services or departments. It combines horizontal and vertical division of labor [2 , p. 16 , 3 , p. 103 , 4 , p. 10]) ; - the level of professional qualifications; - wage of the employees; - sex and age structure. The moral and psychological climate in the team has the special effect on SSSE. Typical SSSE is presented in Table. 1.

An example of the social structure of collective enterprises (SSKP):

CLASSIFICATION CRITERIA 1. Gender 2. Age 3. Social 4. Position

5. Education 6. Specialization 7. Qualification 8. Work experience 9. The level of provision

CHARACTERIZATION (MEANINGFUL) Men, women Youth , middle age , advanced age Clerk, worker Manager (grassroots level, middle management, senior management), manager (according to the level of management: technical, managerial, institutional ), a scientist, a specialist, a worker Secondary, Vocational Training , Student, higher education, Candidate of Science, Doctor of Science Engineer, economist, technologist Low, Medium, High Less than 1 year, more than 1 year , etc. low income, medium income, highly prosperous

10. Connection with the ownership of the enterprise

Owner, employee

11. Additional options

At the discretion of the company

SOURCE: compiled according to [1, с. 161; 2, с. 17; 5; 6]

At the same time, as a result of the review of the literary sources [1 , p. 161 - 163 2 - 6, 7 , p. 24 27], it should be noted that the important characteristics that impede the development of social enterprises and social activity of the staff are: incompetent employees (managerial staff, workers ), low level of knowledge and culture, experience, ability, level of professionalism, etc.; adverse psychological climate in the team; inefficient allocation of functions of employees; 178

inefficient informational in organization.

technology

Accordingly, the main indicators to assess the social development of the industrial and economic structure (of the enterprise) are [ 1, p. 162 - 163]: 1. Indicators of working conditions and healthcare (A) - formula ( 1-3) :


SECURITY DIMENSIONS

(1)

А А1 = 1.1 А1.2

where: B3 – food provision, B3.1 – number of seats in the canteen, B3.2 – the number of workers working in one shift.

where: A1 – rate of injury A1.1 – number of injuries A1.2 – average number of employees.

(2)

А А2 = 2.1 А1.2

where: A2 – the rate of temporary disability A2.1 – days of disability.

(7)

А3.1 А1.2

А3 =

where: A3 – rate of occupational diseases A3.1 – the number o f occupational diseases.

(4)

В1.1 А1.2

where: B1 – the rate of housing provision, B1.1 – the amount of housing provided

(9)

(6)

В3.1 В3.2

В5.1 В5.2

В6 =

В6.1 В6.2

3. Common indicators of social stability (C) – formula (10-14):

(10)

В3 =

В5 =

where: B6 – recreation departments provision, B6.1 – the number of trips for a 12- day period, B6.2 – number of employees who need the trip.

(5)

where: B2 – time of queue turnover for housing, B2.1 - the average annual number in housing queue, B2.2 – number of given apartments.

В4.1 В4.2

where: B5 – kindergarten provision, B5.1 – number of places, B5.2 – the number of children who need kindergarten.

2. Indicators of cultural and social conditions (B) - formula ( 4-9 ):

В1 =

В4 =

where: B4 – camps provision, B4.1 – number of places, B4.2 - number of employees' children who need trips .

(8) (3)

10

С1 =

С1.1 А1.2

where: C1 – rate of personnel stability, C1.1 – the number of dismissed employees.

(11)

С2 =

С2.1 С2.2

where: 179


Jeanna Vitalivna Semchuk ANALYSIS OF SOCIAL STRUCTURE AND EVALUATION INDICATORS…

C2 – rate of cultural work, C2.1 – places in the Palace ( Houses) of Culture C2.2 – the number of workers.

(12)

С3 =

С3.1 С3.2

where: C3 – rate of sports activities, C3.1 – the number of employees in the company, C3.2 – average number of employees and their children.

(13)

С4 =

С4.1 С4.2

where: C4 – level of education, C4.1 – the number of those who have education C4.2 – average number of employees.

(14)

their

4. Indicators of working conditions (D): - working time; - conditions of production. 5. The level of education and training (E). 6. Indicators of working environment condition (F) [1, p. 162 - 163]. The integral indicator of the results of social development in the industrial structure can be expressed as the ratio of sum of values of aforementioned indicators to their number.

180

The social staff structure of the enterprises (SSSE) is an important characteristic of its social development, which is the ratio of different social groups and strata of the staff. The main indicators of social development of industrial and economic structures (companies) are: 1) indicators of working conditions and healthcare; 2) indicators of cultural and social conditions; 3) general indicators of social stability; 4) working conditions; 5) education and training; 6) indicators of working environment. Prospects for further research - the formation of methodological tools for evaluating the effectiveness of social development planning of the enterprise.

REFERENCES

С С5 = 5.1 А1.2

where: C5 – level of professional training, C5.1 – employees who improve qualifications

THE SUMMARY AND PROSPECTS FOR FURTHER RESEARCH OF THE SUBJECT

1. Popovych P.Ya.(2004), Ekonomichnyi analiz diyalnosti subyektiv hospodaryuvannya [Economic analysis of business entities]. 2. Skrynkovskyi R.M.(2013), PSmenedzhment; kontseptsiya ta evolyutsiya [PSmanagement:conception and evolution]. 3. Protsyuk R.M.(2013), “Conceptual basis of structured management process”, Visnyk Volynskogo instytutu ekonomiky ta menedzhmentu, pp.101-107. 4. Skrynlovskyi R.M.(2013), Investytsiyna pryvablyvist pidpryyemstva na makrorivni u skhemakh ta tablytsyakh [Investment attractiveness on microlevel in schemes and tables]. 5. Kusmin O.Ye.(2007), Teoretychni ta prykladni zasady menedzhmentu [Theoretical and applied principles of management]


SECURITY DIMENSIONS 6. Yankovska L.A.(2005), Menedzhment personalu:pidhotovka ta perepidhotovka pratsivnykiv pidpryiemstva [Management of staff training and retraining of employees].

10

7. Knyaz S.V.(2006), Osnovy upravlinskoho konsultuvannia [Basics of management consulting].

AUTHOR Jeanna Vitalivna Semchuk, Ph.D in Economics, associate Professor of Department of finances and credit, Lviv University of Business and Law, Lviv

181


Rostyslav Sopilnyk LEGAL IMPLICATION CONVICTIONS

LEGAL IMPLICATION CONVICTIONS Rostyslav Sopilnyk

ABSTRACT The article analyzes the legal consequences of conviction, that conviction can not be represented by a judge, notary, legal experts, attorneys, prosecutors, security, police.

Not be elected deputy of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea citizen who has been convicted of a premeditated crime.

KEYWORDS criminal record, the legal consequences, the person, the crime, the law, the Constitution of Ukraine, the personal nature of the conviction, the consequences of criminal law

STATEMENT OF THE PROBLEM A person is recognized as having a criminal record, the date of entry into force of a conviction until maturity or withdrawal criminal record. Record is the legal significance of the masses in the case of a new crime, and in other cases stipulated by laws of Ukraine. Persons convicted by a court without punishment or exempted from punishment or those who have served their sentences for acts crime and punishment which the law eliminated recognized as not having a criminal record. Individuals who have been rehabilitated are recognized as not having a criminal record. Terms and record the legal consequences are determined separately for each crime. When committing more crimes conviction there for each of them, that person may have multiple convictions. However, they can vary in duration and legal content.

under sentence before the current law. In the complete decriminalization of the offense convictions canceled. This follows from Part 2 of Art . 74, which provides for exemption from punishment imposed by the court in the case of removal of criminality act and expressly indicated in Part Art. 88. If in accordance with Part Of Art. 74 designed convicted penalty exceeding sanction the new law is reduced to the maximum limit established by this Act , the record is calculated according to the sentence imposed under the new law. The basis of criminal record is a conviction of a crime by a court of Ukraine. However, according to Art. 9 the judgment of a foreign country can be taken into account if the person has been convicted of an offense committed outside Ukraine, and again committed a crime on the territory of Ukraine . But a conviction arising from a conviction by a court of a foreign country, only in Ukraine entails penal consequences, right under Part 2 of Art. 9.

ANALYSIS OF RECENT RESEARCH

THE PURPOSE OF THIS PAPER

If the law eliminates or mitigates the punishment for the act, it entails a corresponding change in the conviction of a person who was

Is to study the establishment and legal consequences of conviction.

182


SECURITY DIMENSIONS THE MAIN MATERIAL The personal nature of the record is that it does not affect the issues of criminal justice those who commit the crime of complicity with tried (including with Art. 29). The same conviction shall not affect the legal status of all other citizens. Institute convictions dedicated section XIII of the General Part of the Criminal Code (Articles 8891). Upon entry into force of a conviction of perpetrators are intended punishment (including the dismissal of his serving on probation) in it there is a state record . This condition is completed in some random sentence (expiration test), and in most cases it continues after sentence, to a certain prescribed by law strokiv.Otzhe, the term record consists of: a) the period of time from the sentence in force and prior to its execution, and b) the period of the sentence, and c) the time interval from sentence (or exemption from the continued serving) and the time of removal or expunging criminal records of the court. The feasibility of the institute criminal record due to the need to consolidate the objectives of punishment in the first place â&#x20AC;&#x201C; special and general crime prevention. Conviction has legal significance in the case of a new crime , as well as in other cases stipulated by laws of Ukraine (Part 2 of Art . 88 CC). A person has a criminal record, exposed certain limitations of civil law and administrative law issues (ie. General legal consequences) that are designed to help prevent new crimes and have some coercive influence. These effects are unconditional in nature, as a result of coming edicts of the law or a court decision. Thus, a person having a criminal record is an obstacle to its occupation of certain positions and engage in certain activities. Conviction does not allow the person to be a judge, notary , legal experts, attorneys, prosecutors , security , police and others. Not be elected deputy of the Verkhovna Rada of Ukraine, the Verkhovna Rada of the Autonomous Republic of Crimea citizen who has been convicted of a premeditated crime. Individuals who have a criminal record for theft, bribery and other acquisitive crime, can not be registered as entrepreneurs, can not act as co-

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founders of the business, and take in entrepreneurial companies and their unions (associations) managerial positions and positions related from liability. For certain categories of persons who have a criminal record after serving a sentence of imprisonment under the law of 1 December 1994 "On the administrative supervision of persons released from prison" tribunal established administrative control, which is associated with certain restrictions their rights and freedoms. Along with general legal consequences of a person who has been convicted, may face the consequences of criminal law related to this condition. But they are conditional, that occur only in cases where the person being able to record commits a new crime. So the possibility of these effects is an important factor for zapobihalnym impact on a person has a criminal record . For example, in the articles of the Criminal Code criminal record for similar crimes are aggravating circumstances. For example, violation of the order of scrap metal (Art. 213 CC) would qualify under Part 2 of this Article, if committed by a person previously convicted of an offense under this Article. Record is also part of a broader concept, which is the repetition of the crime. Making identical (and in some cases, homogeneous) an offense in the presence of previous conviction for a similar offense is a kind of repetition, which is also in many cases aggravating factor. For example, if repeated (including the presence and convictions) legalization (laundering) of proceeds from crime qualifies under Part 2 of Art. 209 of the Criminal Code. Commission of the offense by the person again and recidivism is a circumstance aggravating (Section 1 Part 1, Art . 67 CC). Committing the crime in the presence of conviction for an offense committed before, under certain conditions, extends the onset of formal legal basis for parole from punishment (Article 81 CC) or replacing the unserved part of a more lenient punishment (Article 82 CC). Criminal record makes it impossible to apply to the person excluding criminal responsibility (Article 45-48 of the Criminal Code ). Record is associated with punishment (including the dismissal of his serving on probation). Therefore, a person convicted by a court without punishment or exempted from punishment or 183


Rostyslav Sopilnyk LEGAL IMPLICATION CONVICTIONS those who have served their sentences for acts crime and punishment which the law removed , and have been rehabilitated , are recognized as not having a criminal record (Part 3, Article 4 . 88 CC). Analysis of the Criminal Code of Ukraine states that the law provides for criminal records as a fact with which are associated the most severe criminal consequences for a person who, having a criminal record, again commits an offense. For example: a) recidivism, the most dangerous kind of plurality acknowledged committing a new intentional crime by a person who has been convicted of an intentional crime (Article 34), and b) the offense may be considered again if the first conviction for the offense has not been canceled or withdrawn (Part 4 of Art. 32) , c) the repetition of crime and recidivism is a circumstance aggravating (Section 1, Part 1, Art. 67 ), d) conviction usually preclude the use of the person who committed a new offense privileged institutions of criminal law, such as exemption from criminal responsibility (article 45 â&#x20AC;&#x201C; 47), d) in many articles of the Criminal Code provides for criminal records or qualifying as particularly aggravating circumstances. For example, bullying is particularly skilled when it is committed by a person who has been convicted of disorderly conduct (Part 3. 296). For the list of criminal legal constraints sufficiently indicates the importance of the Institute convictions in criminal law. According to Part 1, Art. 88 of the Criminal Code a person is recognized as having a criminal record from the date of entry into force of a conviction until maturity or withdrawal criminal record. So convictions include: 1) the term of the sentence, and 2) in cases provided by law for a specified period after the sentence. Obviously, during this time the person who has been convicted, right, can significantly change its conditions of life, behavior. Therefore, the legislator provides for the termination of a criminal record and, thus, the termination of the related constraints. Criminal legal consequences of conviction. Criminal legal consequences of conviction is that the record is:

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1) can act as aggravating circumstances in the commission of a new crime . CC aggravating importance to record only identical or uniform crime (for example, Part 2 of Art. 331). Conviction is a qualifying value in the case where the law provides for increased responsibility for the crime again because repetition covers a conviction. The law recognizes a form of repetition conviction (§ 4.32). If the record is not expressly provided for by law as aggravating circumstances , it is in the classification of the offense is not considered; 2) is taken into account in the recognition of recidivism (Art. 34); 3) an obstacle to exemption from criminal liability due to effective confession (Art. 45), the reconciliation of the offender and the victim (Article 46), the transfer of bail (Article 47), changing circumstances (Article 48); 4) is taken into account in determining whether there is a flow interruption of the limitation period for criminal liability (part of Art. 49 ); 5) is taken into account when choosing certain types of punishment (Part 2 of Art . 62), and during the term of serving certain punishments creates grounds for special restrictions on prisoners (Part 2 of Art. 58 ); 6) as one of the features that characterize the identity of the perpetrator is taken into account in accordance with the general principles of sentencing (Section Part 1 of Art. 65), as well as exemption from punishment due to illness (Part 2 of Art. 84); 7) for an intentional crime (as it is by a kind of repetition and recurrence of crimes) acts as a circumstance aggravating when sentencing (Section 1, Art. 67), although it may not be considered in sentencing on the grounds set out in Part Part 2 and 4. 67; 8) as a general rule , a ground for refusing to appoint more lenient sentence than provided by law (Art. 69); 9) may be grounds for denial of release from probation (Part 1 of Art. 75); 10) crimes against the Peace and Security of Mankind , under Art. century. 437-439 and Part 1 of Art . 442, is the reason for non-use of prescription fulfillment conviction (§ 6 of Art. 80);


SECURITY DIMENSIONS 11) is taken into account in the determination of the mandatory sentence that should actually be served by at parole from punishment (Section 2 pm PT . 81 , § § 2 of Art. 107), as well as replacement not served by a more lenient punishment part (Section 2, part 4. 82). Thus, the criminal consequences of conviction lies in the fact that it is taken into account when addressing a number of issues related to the qualifications of the offense, sentencing and execution. Zahalnopravovi consequences. Zahalnopravovi consequences of conviction are as diverse constraints imposed by law on persons with outstanding unwithdrawn or conviction, including: 1) a ban on taking certain positions . In some cases, such a ban is set regardless of the type of crime for which there is a conviction in the other - takes into account only the conviction for premeditated crimes or some kind of crime. Thus , a person who has been convicted of any offense shall be: judges, prosecutors, investigators, lawyers, forensic experts, a notary public, a member of the High Council of Justice, law enforcement officers . Lack of conviction for premeditated crime is a condition of the positions : Chairman and member of the Central Election Commission, the staff of the Department of State Security Service, People's Deputy of Ukraine. Some positions may hold the person in which there is no conviction for certain crimes: positions in the state apparatus can not hold people who have a criminal record incompatible with holding office, the Tax Inspectorate shall be a person who has been convicted of a lucrative crime; 2) Restrictions on business activities. Persons who court banned engage in certain activities can not be registered as entrepreneurs with the right to the activity in question deadline set by a court verdict, persons with previous convictions for acquisitive crime, can not be registered as entrepreneurs, to act as co-founders of the business, hold in entrepreneurial companies and their unions (associations) leadership positions and positions related to liability; 3) restrictions on access to state secrets (if any conviction for a serious crime), which, in

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turn, is the condition of occupation of certain positions; 4) restrictions on travel abroad of the citizen Ukraine and limitations of the citizenship of Ukraine (concerning persons convicted of Ukraine to prison for committing a felony); 5) increasing the minimum amount of bail; 6) limitations associated with the use of administrative supervision; 7) denial of the right to receive certain benefits. Thus, in case of conviction for the offense ceased paying civil servant, provided by law; 8) Limitation on use of amnesty (amnesty does not apply specifically to individuals, who: have two or more convictions for serious crimes, convicted of racketeering, murder with aggravating circumstances, some other crimes); 9) the ban on recruitment for military service in peacetime ( for persons who have been sentenced to imprisonment). CONCLUSION The basis of conviction is convicted purpose of punishment. Lack of reason means that the record is not there, and the recognition of such legal grounds to void shall result in immediate termination of all legal consequences of the imposition of penalties, including those regarding criminal record.

REFERENCES 1. Кримінальний кодекс України // Кримінальний кодекс України. Кримінально-процесуальний кодекс України. Кримінально-виконавчий кодекс України. – К.: Істина. – 2004. 2. Кримінальне право України: Загальна частина: Підручник для студентів юрид. спец. вищ. закладів освіти / За ред. професорів М.І.Бажанова, В.В.Сташиса, В.Я.Тація. – Київ-Харків: Юрінком ІнтерПраво, 2001. 3. Кримінальне право України: Загальна частина: Підручник / Александров Ю.В., Антипов В.І., Володько М.В. - К.: Правові Джерела, 2002.

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Rostyslav Sopilnyk LEGAL IMPLICATION CONVICTIONS 4. Науково-практичний коментар Кримінального кодексу України від 5 квітня 2001 року / За ред. М.І.Мельника, М.І.Хавронюка. – К.: Каннон, А.С.К., 2002. 5. Кримінальне право України. Загальна частина: Підручник / Фріс П. Л. 6. Кримінальне право України - Вереша Р.В. 7. Кримінальне право України – Бажарнов М.І.

8. Селецький С.І. - Кримінальне право України. Особлива частина. К.: ЦУЛ. 2008р. 9. Кримінальне право України: Практикум: Навч. посібник / Андрушко П. П., Шапченко С. Д. та ін.; За ред. С. С. Яценка. — 2-е вид., перероб. і допов. — К.: Юрінком Інтер, 2004. 10. Кримінальне право України. Фріс П.Л.

AUTHOR Sopilnyk Rostyslav PhD in Law, PHEE Lviv University of Business and Law, Lviv, Ukraine.

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SECURITY DIMENSIONS

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DEVELOPMENT OF ALTERNATIVE WAYS OF ENTREPRENEURIAL DISPUTE RESOLUTION IN UKRAINE Vitaly Makhinchuk

ABSTRACT The article under consideration examines the legal settlement of disputes, including commercial disputes, through mediation in the context of the legislative work regarding mediation in Ukraine. The

author concludes on the need of consolidation of provisions in legislation on mediation, taking into account the experience of other states, as well as amending relevant current legislation of Ukraine.

KEY WORDS entrepreneurial dispute, legal proceedings, mediation, mediative agreement INTRODUCTION Ukraine, along with other post-Soviet states, recently became the path of development of the market economy. And although today the image of an existing public economic relations is still far from liberal foundations of private Western European economy, the legal system of Ukraine are implemented in twenty years a significant amount of institutions typical of a market economy. However , business development , increase in the number of businesses, the complexity of business relations inevitably entail an increase in the amount of business disputes, with which traditional state judicial system to cope become more difficult with each passing year.

settlement business conflict. Mediation in varying degrees, harmoniously integrated into national legislation, which is also due Harmonization efforts of various international organizations and intergovernmental associations, which are expressed in the basic principles of mediation, including commercial . Moreover , some states - participants of the CIS have adopted national laws on mediation and made appropriate changes. This, above all , the Russian Federation and the Republic of Belarus and the Republic of Kazakhstan. In Ukraine is still not only a law on mediation , but also all relevant bills withdrawn subject to legislative initiative or were not adopted by the Supreme Council of Ukraine.

ANALYSIS POSLEDNYH RESEARCH

THE PURPOSE OF THE ARTICLE

In countries where there are well-established tradition of the commercial relationship has long been developed and successfully used alternative dispute business disputes. Among them, occupies an important place as a voluntary mediation negotiations of the parties with the assistance of one or more intermediaries , the parties elected on the basis of mutual agreement , the purpose of which (negotiation) is to achieve a mutually beneficial

The purpose of this paper is to develop alternative ways settling disputes in Ukraine entrepreneurial. PRESENTATION OF BASIC MATERIAL It should be noted that in practice the whole mediation can be provided by means of existing private law. In fact , based on the method of special 187


Vitaly Makhinchuk DEVELOPMENT OF ALTERNATIVE WAYS OF ENTREPRENEURIAL DISPUTE RESOLUTION IN UKRAINE prohibition, nothing forbids entrepreneurs to enter into negotiations , refer to the help of intermediaries, and to bring the agreements reached contractual form. Government can only facilitate the development of mediation, taking into account the interests of potential "consumers" of the services of a mediator, as well as the risks that hinder entrepreneurs in accessing alternative methods of solving commercial disputes. Among the key factors that adversely affect the popularity of mediation as a form of settlement business disputes , occupy a prominent place the confidentiality of information that is disclosed by the parties during the procedure. Because the information can be crucial in potentially possible judicial review of the dispute, in the case of unsuccessful mediation , but in general further commercial activities of the parties as competitors. And if the ban on the use of information about the other side received during mediation , commercial purposes or dissemination , can be mounted in a civil agreement , then its use in judicial proceedings can not affect the parties . It is therefore necessary legislative strengthening guarantees of non relevant information in court, primarily through changes in the relevant procedural codes . So, in the Draft Law of Ukraine "On Mediation » № 7481 one of the principles of mediation called privacy. This principle was formulated as follows: individuals who participate in mediation , undertake not to distribute or use without the mutual consent of the information that they have become aware during the mediation. It also supposed to limit the right of a mediator to inform the public about the scope of its activities privacy information made known to him as a result of mediation. Also imposes a duty on the mediator unresponsive judiciary, while maintaining confidentiality of information obtained in the course of mediation, unless otherwise provided by law. Obviously, such a clause can hardly convince the entrepreneur should be granted opponent really important information. Note that in the Russian Federation Law "On Mediation" no separate list , which were fixed to the rights and obligations of the mediator , so it is 188

suitable restrictions on disclosure of information to the court mediator enshrined in Art. 5, which sets out the basic conditions of confidentiality . Its content is largely corresponds to Art. 22 Draft Law of Ukraine № 7481 . Both articles contain almost identical lists of data that the parties can not be invoked before the courts (Federal Law ), or which are required to maintain the confidentiality of mediation participants (Draft Law of Ukraine № 7481 ) . In this project list is as follows: 1) offers one of the parties on the use of mediation , as well as the willingness of the parties to participate in mediation; 2) Views expressed or suggestions made by a party with respect to the possibility of settlement of the dispute; 3) recognition of certain facts , committed one of the parties during the mediation; 4) the willingness of the parties to accept the proposal of the mediator or the second side of the dispute , other information, as well as fixing the mediation procedure . As already noted, in itself a list of such information nor warrant its proper protection from disclosure in court. There needed special procedural rules . In Art. 22 Draft Law of Ukraine № 7481 specifically provides that the court has no right to demand such information, except as required by law. Again, we see the reservation , which casts doubt on the ability to provide confidentiality of mediation in the event of litigation in this or any other dispute. However, making changes to the procedural codes authors of the bill number 7481 is not provided , although in the same article . 22 provided the norm , according to which in a mediation agreement, the parties indicate information that you consider it acceptable to use as evidence for review or possible court proceedings . In general, such a rule looks declarative and no immunity from disclosure in court does not grant the parties . After all, it only provides that the parties shall indicate the information in a mediation agreement. What is important is for the proceedings, it is not clear even in conjunction with Part 2 of Art . 22 of the bill , which states that the court proceedings without the mutual consent of the


SECURITY DIMENSIONS parties can not be used as evidence information obtained during the mediation , except for the information specified in a mediation agreement and the decision on the conclusion of the mediation procedure. So mediativnoe agreement under the definition proposed by the authors of the bill , this paper on the results of the agreements reached in the dispute after the use of mediation , which is enforceable by the parties. In this case, it appears advisable to permit the court to refer to the content of a mediation agreement as the basis of its decision only when the party asked the court to compel the defendant to the execution of a mediation agreement. This would limit the possibility of a mediation agreement the parties to use it as a tool for effective solution of another dispute between the same entities that , in turn, could significantly reduce traders cautious attitude to mediation. If mediativnoe agreement executed, and the subject of the suit should not be, and its provisions can be protected norms of confidentiality, as well as the provisions of any other business transaction. Some procedural guarantees confidentiality of mediation was supposed to fix in the Draft Law of Ukraine "On amendments to some legislative acts regarding the use of mediation » № 10302 , which was filed deputies O. Tishchenko and A. Karmazin simultaneously with the draft Law of Ukraine "On mediation »№ 10301 to bring the legislation in line with the proposed law. The bill number 10302 proposing to Economic Procedural Code of Ukraine norm which prohibits the mediator to participate as a representative of the parties to the litigation of the same dispute. Other guarantees the confidentiality of information obtained in the course of mediation , from disclosure in economic legal proceedings , was not supposed to . And this is largely due to the fact that the economic process is not provided for the examination of witnesses , but does not consider that confidential information may be secured in the documentary form . In the Code of Civil Procedure was supposed to make changes, in accordance with which could not be questioned regarding information mediator , which he learned during the mediation , and the

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circumstances of the progress of mediation , except in cases where the parties do not object to the disclosure of such information . Another important aspect of mediation requiring legal regulation is the question form of the agreements reached in the course of judicial mediation. After mediativnoe extrajudicial agreement may be involved in the form of an unnamed contract and generate the appropriate legal consequences. However , submitting a dispute to settle it in court , the parties enter into a right relationship in which public law prevails beginning and allowed to do only what is stipulated by the procedural law. That is why the legislator should pay special attention to the legal regulation of mediation in court. Bill number 10302 and 10301-1 supposed along with the introduction of a mediation settlement agreement the agreement , which is also subject to approval by the court. Court was intended to give the right not to recognize mediativnoe agreement when its provisions are inconsistent with the law or violate the rights, freedoms and interests of other persons . It was pointed out that mediativnoe agreement could only address the rights and obligations of the parties and the subject of the claim . Such an approach , however, does not settle the question of the possibility of a mediation court approval of the agreement, the terms of which are beyond the subject of the claim . But , based on the principle of discretionary judicial proceedings civilistic appears feasible court approval mediative agreements beyond the subject of the claim , but completely settle the dispute . You should also pay attention to the fact that the provisions proposed by the authors of the bills that relate to a mediation agreement , largely duplicate the relevant provisions of the procedural codes of the settlement agreement . This indicates an optional introduction to the procedural legislation of such terms as mediativnoe agreement . Suffice it to say that the court may approve the agreement reached in the judicial mediation as a global agreement. This is the approach chosen by the Russian legislator . After all, for the court, by and large, it does not matter how exactly by the parties agreed terms of settlement. Court relies only secure 189


Vitaly Makhinchuk DEVELOPMENT OF ALTERNATIVE WAYS OF ENTREPRENEURIAL DISPUTE RESOLUTION IN UKRAINE these agreements in a procedural document and provide for appropriate procedural consequences of such an agreement , if such an agreement is not contrary to the law and exhaust differences that have caused such recourse. However, it should be noted that the Economic Procedural Code of Ukraine contains a provision under which a settlement agreement can only affect the rights and obligations of the parties regarding the subject matter of the claim . In this case , of course , the differentiation of a mediation and international agreements might be advisable . Although more promising see increasing discretionary powers with respect to the parties to the dispute settlement agreement in the economic process . One of the most important features of a mediation agreement is voluntary . Under the voluntary here are due to voluntariness reaching such an agreement , and voluntary execution. However, not all parties perform their duties conscientiously . So the question remains particularly enforcement mediative agreements approved by the court. After failure of the agreement in some way negates the authority of the judiciary , which , as it were sanctified mediativnoe agreement approved by a court decision . Our proposed above statement by the court a mediation agreement reached in the course of judicial mediation as a settlement agreement entails the same problems that are inherent in the enforcement of a settlement agreement . Currently Ukrainian legislator removed from the list of executive orders by a court decision approving the settlement agreement , significantly complicating its enforcement . This decision was made , apparently, based on the contractual nature of the settlement agreement , its focus on the voluntary settlement of the dispute . Such a character in an even greater extent inherent mediativnoe agreement. Therefore, it is advisable not to neutralize the voluntary settlement agreement (including the results achieved and judicial mediation) and not to give it character enforceable . At the same time , it should be possible issuance of the writ on the basis of a settlement agreement , if the debtor fails to 190

perform his duties provided for under such agreement. THE CONCLUSION Thus, the foregoing gives grounds for concluding that the Ukrainian legislator has yet to define the concept of legal regulation of a mediation settlement of disputes , including commercial . However, he is in an advantageous position when the state on many criteria similar to Ukraine , have already adopted laws on mediation and have experience with them , which will take into account many of the shortcomings , and develop a new optimal approaches to legal regulation of mediation in Ukraine.

References 1. Закон Республики Беларусь от 12 июля 2013 года № 58-З "О медиации" 2. Закон Республики Казахстан от 28 января 2011 года № 401-IV "О медиации" 3. Проект Закону України "Про медіацію" № 7481 4. Проект Закону України "Про внесення змін до деяких законодавчих актів щодо застосування медіації" № 10302 5. Федеральный закон Российской Федерации от 27 июля 2010 г. N 193-ФЗ "Об альтернативной процедуре урегулирования споров с участием посредника (процедуре медиации)" 6. Аболонин В. О. «Судебное посредничество» в арбитражном процессе: Новая модель примирительной процедуры от ВАС РФ / В. О. Аболонин // Слияния и поглощения. – 2011. – № 7 – 8. – С. 39 – 44. 7. Коммерческая медиация: теория и практика: сборник статей / Под ред. С. К. Загайновой, В. О. Аболонина. – М.: Инфо-тропик Медиа, 2012. – 304 с.


SECURITY DIMENSIONS 8. Эндрюс Н. Система гражданского процесса Англии: судебное разбирательство, медиация и арбитраж / Нил Эндрюс; пер. с англ.; под ред. Р. М. Ходыкина; Кэмбриджский ун-т. – М.: Инфотропик Медиа, 2012. – 544 с.

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9. Яхтенбер Р., де Роо А. Комерційна медіація у Нідерландах // Коммерцеская медиация: теория и практика: сборник статей / Под ред. С. К. Загайновой, В. О. Аболонина. – М.: Инфо-тропик Медиа, 2012. – 304 с. – С. 28 – 49.

AUTHOR Vitaly Makhinchuk, PhD, Senior Researcher at the Institute private law business NAPrN Ukraine, doctoral

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