How does divorce proceedings begin in New York. What are the steps to take when served with divorce papers. Can spouses settle differences out of court. What is the difference between legal and physical child custody.
Initiating Divorce Proceedings in New York: A Step-by-Step Guide
Commencing a divorce action in New York involves several crucial steps. The process begins with filing a Summons and Complaint for Divorce with the County Clerk. This legal document must then be served to your spouse, which can be done in two ways:
- Your spouse or their attorney can sign an Admission of Service.
- A third party, such as a process server or law enforcement agency, can serve the papers.
Is there a time limit for responding to divorce papers? In New York, if you’ve been personally served within the state, your attorney must file a written Answer and Counterclaim within 20 days from the date of service. Failing to respond could result in a default judgment against you.
Should you file a Counterclaim for Divorce? If you also want the divorce, filing a Counterclaim is advisable. This ensures that even if your spouse changes their mind and asks the court to dismiss the divorce, the court can still grant you a judgment of divorce based on your counterclaim.
Understanding New York’s Uncontested Divorce Ground
New York State recognizes an uncontested ground for divorce, which states: “The relationship between Husband and Wife has broken down irretrievably for a period of at least six (6) months prior to the commencement of this action.” The spouse seeking the divorce must either execute an affidavit or testify that they believe the marriage is irretrievably broken and cannot be repaired.
Do both spouses need to agree to the divorce? While it takes two willing people to have a successful marriage, New York law allows for a divorce even if one party doesn’t want it. The state’s no-fault divorce law means that if one spouse believes the marriage is irretrievably broken, they can proceed with the divorce regardless of the other spouse’s wishes.
Temporary Orders: Ensuring Stability During Divorce Proceedings
How can you support yourself or maintain contact with your children while the divorce is pending? In most cases, temporary orders issued by the court provide a framework for managing various aspects of life during the divorce process. These orders can cover:
- Child custody
- Support
- Maintenance
- Temporary use of personal property and/or bank accounts
- Temporary use of the marital residence
- Temporary allocation of debts
Are temporary orders permanent? While these orders are meant to be temporary and shouldn’t influence the final outcome of your divorce, some courts may continue them as permanent orders if they appear to be working effectively, particularly in cases involving parenting schedules.
Infidelity and Its Impact on Divorce Proceedings
Does infidelity affect property division or financial matters in a divorce? Generally, the court does not consider infidelity when dividing property, awarding maintenance, setting support, or addressing other financial matters. However, there are exceptions to this rule.
Can a spouse’s infidelity impact child custody decisions? While infidelity itself may not directly affect custody, it can have an impact if:
- The new partner has a negative or harmful impact on the minor children.
- The unfaithful spouse’s behavior towards the children has dramatically changed as a result of the affair.
Property Classification in Divorce: The Tracing Method
Determining how property should be categorized during a divorce can be complex. One method used to make these determinations is called “Tracing.” This process involves developing relevant evidence to track an individual’s separate property through its entanglement with marital property.
Why might expert witnesses be needed in property tracing? Expert witnesses are often required to testify to the evidence or provide appropriate appraisals of the property’s value. Their expertise can be crucial in complex cases where the origin and nature of certain assets are disputed.
The Importance of Legal Counsel in Out-of-Court Settlements
Can spouses settle their differences out of court and have a judge approve the settlement? While it’s possible to reach an agreement without court intervention, it’s crucial to consult with a qualified family or matrimonial attorney before consenting to any terms. This is particularly important when children are involved, as their best interests must be taken into account.
Do all divorce cases end up in court? Many cases are settled without requiring the parties to appear in court, and ultimately, most cases are resolved without a final trial. However, professional legal guidance is still essential to ensure a fair and comprehensive settlement.
Legal vs. Physical Child Custody: Understanding the Differences
Child custody is a complex issue that involves two main components: legal custody and physical custody. Understanding the difference between these two types of custody is crucial for parents navigating the divorce process.
Legal Custody Explained
What does legal custody entail? Legal custody refers to the decision-making power regarding a child’s upbringing. It encompasses the right and responsibility to make major decisions concerning the child, including:
- Consent to enter military service
- Consent to obtain a driver’s license
- Authorization for health care
- Religious instruction
- Extra-curricular activities
- Choice of schools (public, private, colleges, or trade schools)
Physical Custody Defined
What is physical custody? Physical custody pertains to the right and responsibility of a parent to have the child physically reside with them. When a parent has physical custody, they have the authority to make routine, daily decisions regarding the child’s care.
There are several types of physical custody arrangements:
- Sole physical custody: The child lives with one parent continually and has limited or no visitation with the other parent.
- Primary physical custody: The child lives with one parent the majority of the time, while the other parent has more liberal visitation.
- Joint or shared physical custody: The child resides with each parent on a frequent basis, often following a predetermined schedule.
Navigating the Complexities of Child Custody Decisions
Why are child custody decisions often complicated and contentious? The emotional involvement of the parties can make custody arrangements particularly challenging. Parents may have differing views on what’s best for their children, and these disagreements can lead to heated disputes.
What factors do courts consider when determining custody arrangements? Courts typically prioritize the best interests of the child when making custody decisions. Factors that may be considered include:
- Each parent’s ability to provide for the child’s physical and emotional needs
- The child’s relationship with each parent
- The child’s preference (if they are of sufficient age and maturity)
- Each parent’s work schedule and availability
- The child’s ties to their school, community, and extended family
- Any history of domestic violence or substance abuse
The Role of Mediation in Child Custody Disputes
Can mediation help resolve child custody issues? Many courts encourage or require parents to attempt mediation before litigating custody matters. Mediation can be an effective way to reach a mutually agreeable custody arrangement while minimizing conflict and preserving the co-parenting relationship.
What are the benefits of mediation in custody cases?
- It allows parents to have more control over the outcome
- It can be less expensive and time-consuming than litigation
- It promotes communication and cooperation between parents
- It can result in more flexible and personalized custody arrangements
- It may reduce the emotional stress on children by minimizing parental conflict
The Impact of Domestic Violence on Custody Decisions
How does domestic violence affect custody determinations? When there is a history of domestic violence, courts take this very seriously in custody decisions. The safety and well-being of the child are paramount, and evidence of domestic violence can significantly impact custody and visitation arrangements.
What steps might a court take in cases involving domestic violence?
- Ordering supervised visitation for the abusive parent
- Requiring the abusive parent to complete anger management or domestic violence counseling
- Issuing protective orders to ensure the safety of the victimized parent and children
- Considering the impact of the abuse on the children’s emotional well-being
- Potentially limiting or denying custody or visitation rights to the abusive parent
The Importance of Documentation in Custody Cases
Why is documentation crucial in child custody proceedings? Thorough documentation can significantly strengthen your case in custody disputes. It provides concrete evidence to support your arguments and helps the court make informed decisions.
What types of documentation should be maintained?
- Records of communication with the other parent
- A detailed log of visitation and custody exchanges
- School records and report cards
- Medical and dental records
- Documentation of extracurricular activities and involvement
- Photographs or videos of interactions with the child
- Witness statements (if applicable)
Modifications to Custody Arrangements: When and How
Can custody arrangements be changed after they’re established? Yes, custody arrangements can be modified if there is a significant change in circumstances that affects the best interests of the child. However, the process for modification can vary depending on the jurisdiction and the specific situation.
What constitutes a significant change in circumstances? Examples may include:
- Relocation of one parent
- Changes in the child’s needs or preferences as they grow older
- Significant changes in a parent’s work schedule or living situation
- Evidence of substance abuse or neglect
- New marriages or relationships that impact the child’s well-being
The Process of Modifying a Custody Agreement
How does one go about modifying a custody agreement? The process typically involves the following steps:
- Filing a petition for modification with the court
- Serving the other parent with the petition
- Attending mediation (if required or desired)
- Presenting evidence of the changed circumstances to the court
- Participating in a hearing or trial if an agreement cannot be reached
Is it possible to modify custody arrangements without going to court? If both parents agree to the changes, they can often modify the custody arrangement through a mutual agreement. However, it’s advisable to have this agreement reviewed by an attorney and submitted to the court for approval to ensure it’s legally binding.
The Role of Guardians ad Litem in Custody Cases
What is a guardian ad litem, and how do they function in custody cases? A guardian ad litem (GAL) is an individual appointed by the court to represent the best interests of the child in custody disputes. They serve as an independent investigator and advocate for the child’s well-being.
What are the responsibilities of a guardian ad litem?
- Interviewing the child, parents, and other relevant parties
- Observing parent-child interactions
- Reviewing school, medical, and other pertinent records
- Investigating allegations of abuse or neglect
- Providing recommendations to the court regarding custody and visitation
The Weight of Guardian ad Litem Recommendations
How much influence does a guardian ad litem’s recommendation have? While the court is not bound by the GAL’s recommendations, they often carry significant weight. Judges typically give serious consideration to the GAL’s findings and suggestions when making custody decisions.
Can parents challenge a guardian ad litem’s recommendations? Yes, parents have the right to challenge the GAL’s recommendations in court. This may involve presenting contradictory evidence or questioning the GAL’s methods or conclusions during a hearing or trial.
International Custody Disputes: The Hague Convention
How are international custody disputes handled? International custody disputes can be particularly complex and are often governed by the Hague Convention on the Civil Aspects of International Child Abduction, to which many countries are signatories.
What is the primary goal of the Hague Convention in custody cases? The main objective is to protect children from the harmful effects of international abduction by a parent and to ensure their prompt return to their country of habitual residence.
Key Provisions of the Hague Convention
What are some important aspects of the Hague Convention?
- It provides a process for the prompt return of children who have been wrongfully removed or retained
- It aims to restore the pre-abduction status quo and deter parents from crossing international boundaries in search of a more sympathetic court
- It does not determine which parent should have custody, but rather which country’s courts should make that decision
- It applies only to children under the age of 16
Are there exceptions to the requirement of returning a child under the Hague Convention? Yes, there are several exceptions, including:
- If there is a grave risk that the child’s return would expose them to physical or psychological harm
- If the child objects to being returned and has reached an age and degree of maturity where it’s appropriate to consider their views
- If more than one year has passed since the wrongful removal or retention and the child is now settled in their new environment
The Importance of Co-Parenting Education in Custody Cases
Why do some courts require co-parenting education? Many courts now mandate co-parenting education programs for divorcing or separating parents. These programs aim to help parents understand the impact of divorce on children and develop effective co-parenting strategies.
What topics are typically covered in co-parenting education programs?
- The effects of divorce on children at different ages
- Effective communication techniques between co-parents
- Strategies for reducing conflict and managing disagreements
- The importance of maintaining consistency across households
- How to support children’s emotional needs during and after divorce
- Techniques for successful parallel parenting when cooperation is difficult
Benefits of Co-Parenting Education
How can co-parenting education benefit families going through divorce? Research has shown that effective co-parenting education can lead to:
- Reduced conflict between parents
- Improved communication and problem-solving skills
- Better adjustment for children post-divorce
- Increased likelihood of adhering to custody and visitation agreements
- Decreased need for court intervention in future disputes
Can co-parenting education be beneficial even in high-conflict cases? Yes, even in situations where parents struggle to cooperate, co-parenting education can provide valuable tools for minimizing conflict and focusing on the children’s needs. In some cases, it may introduce the concept of parallel parenting, which allows parents to disengage from each other while still effectively parenting their children.
FAQ | Susan D. Stuart, Esq.
FAQ
Frequently Asked Law Questions
How do I begin divorce proceedings?
To commence a action for divorce, we will file a Summons and Complaint for Divorce with the County Clerk. Your spouse must be served with this Summons and Complaint for Divorce. There are two ways you can serve papers on your spouse: (1) Your spouse or his or her attorney can sign an Admission of Service; or (2) a third party, a process server or police department/sheriff’s department can serve the papers.
What do I do if I am served with divorce papers?
Your attorney must file a written Answer and Counterclaim within 20 days from the date you are served with the Summons and Complaint for Divorce, if you have been personally served within the State of New York. If you do not file a written response, the court could enter a default judgment against you. If you want the divorce as well, you should also file a Counterclaim for Divorce. This means that if your spouse changes his/her mind in the future and asks the court to dismiss the divorce, the court could deny that request and grant you a judgment of divorce instead on your counterclaim.
What if I don’t want a divorce?
It takes two willing people to have a successful marriage.The uncontested ground for divorce in New York state is as follows: The relationship between Husband and Wife has broken down irretrievably for a period of at least six (6) months prior to the commencement of this action. The spouse seeking the divorce must either execute an affidavit or testify that he or she believes the marriage is irretrievably broken and cannot be repaired
How do I support myself or see my children while the divorce is pending?
In most cases, temporary orders need to be issued by the court. These orders are effective while the divorce proceeding is pending. Temporary orders can cover child custody, support, maintenance, temporary use of personal property and/or bank accounts, temporary use of the marital residence, and temporary allocation of debts. While these orders are temporary and should have no bearing on the final outcome of your divorce, some courts continue temporary orders as permanent orders if they appear to work (i.e. parenting schedules).
What if my spouse leaves me for someone else or is living with someone else?
The court does not consider this fact in dividing property, awarding maintenance, setting support, or other financial matters. However, a spouse’s infidelity can have an impact on child custody if the new boyfriend/girlfriend has a negative or harmful impact on the minor children, or if your spouse’s behavior has dramatically changed towards the children.
Many times, determining how an article of property will be categorized can be difficult. A method called “Tracing” is often used to make these determinations. Tracing develops relevant evidence for the tracking of an individual’s separate property through its entanglement with marital property. Often when tracing is used, expert witnesses are needed to testify to the evidence or give appropriate appraisals of the property’s value.
Can my spouse and I settle our differences out of court and just get a judge to approve the settlement?
It is imperative that you consult with a qualified, family and/or matrimonial attorney before consenting to terms. If there are children involved, you want to make sure that their best interests are taken into account. Many cases are settled without requiring the parties to appear in court. Ultimately, most cases are resolved without a final trial. My firm welcomes the opportunity to settle your case without court intervention.
What is the difference between legal and physical child custody?
Legal custody is decision-making power. It is the right and responsibility to make major decisions concerning the child. Such decisions include, but are not limited to, consent to enter military service, consent to obtain a driver’s license, authorization for health care, religious instruction, extra-curricular activities, choice of public and/or private schools, colleges and/or trade schools.
Physical custody is the right and responsibility of a parent to have the child physically reside with him/her. When a parent has physical custody of their child, that parent has the right to make routine, daily decisions regarding the child’s care. Sole physical custody means the child lives with one parent continually and has limited or no visitation with the other parent. Primary physical custody means the child lives with one parent the majority of the time, while the other parent has more liberal visitation. Joint or shared physical custody could mean that the child resides with each parent on a frequent basis.
Decisions regarding legal and physical custody of children can be very complicated and even contentious, due to the emotional involvement of the parties. When parents cannot agree on custody, the court may appoint a Law Guardian (Attorney for the child) to represent the best interests of the child. This office specializes in all aspects of custody, including joint custody.
If my spouse and I can’t reach an agreement about custody of our children, what will a judge decide?
The “best interest of the child” is the standard courts use to determine custody issues. Courts believe that in most cases, children benefit from the active involvement of both parents in their lives. In the event that both parents cannot agree on a plan for child custody, the court will make the final decision.
Depending on the age of the child, the court will often consider the child’s wishes when making its custody decision. However, child custody is determined by what is in the “best interest” of the child. The court also considers that either overruling or granting the child’s wishes could be against the child’s best interest. Such a determination depends on the child’s age and maturity.
Will I have to pay child support? If yes, how much will I have to pay?
Child support is determined using the New York State Child Support Standards Act. This complex formula considers each parent’s income, the custody arrangement, and certain other expenses. The formula produces a payment amount, which is incorporated into a child support order. The parties can elect to deviate from this statute.
Child support is just that – support for the child’s well-being. It is not intended to fund the lifestyle of the custodial parent. A child support order may be modified, based on a parent’s “material” or substantial change in circumstances, such as a loss or gain in income or custody. Several factors are involved in determining whether a modification of child support shall be granted. An attorney should be consulted to discuss the merits of your case.
What is contempt?
Contempt is a remedy that is often used to compel the parent who has been ordered to pay child support and failed to do so, to appear in court to offer a legal excuse for failing to pay the support as previously ordered. Contempt is also used when a parent violates an existing order by denying access to children, violating the other parent’s rights in certain items of property or by physical or verbal attacks that have been prohibited by the court. The Court has the power to punish the party violating the court’s order by placing them in jail, fining them, or both.
What do paternity cases involve?
When contemplating issues about child custody, visitation, and support, another factor may apply: Who is the father of the child? It doesn’t always matter that the father is named on the child’s birth certificate. If the parties were not married when the child was conceived or born, then the man will not have custody rights and will not be obligated to pay any child support until he is found by a court to be the father (or until paternity DNA tests have found him to be the father).
Once a man is found to be the father he may:
Be required to pay child support pursuant to the New York State Child Support Standards Act;
Exercise visitation with the child;
Make decisions concerning the raising of this child; and
Make an application for custody of the child.
Therefore, it is important to have experienced family law attorneys who can explain all the aspects of paternity and the consequences that follow.
My ex-spouse moved to another state. What laws apply to interstate cases?
Child Custody & Visitation: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) addresses child custody and visitation. It requires an original action to be started in the home state of the child. The home state is typically where the child has lived for 6 months or, if the child is not 6 months old, then where the child has lived primarily since birth. Suits to modify prior custody orders are brought in the same state and the same court from which the original order was entered, subject to the following:
1) There is a new home state of the children (they have been living in a new state for 6 months or more) or
2) There no longer exists sufficient evidence in the original state to make a lawsuit there practical.
Child Support: Under the Uniform Interstate Family Support Act (UIFSA), as long as a parent is still residing in the original state where the first child support order was issued, any modification of that support order will remain in that state. If both parents move from the original state, then the parent who wants to modify the child support must go to the state of the other parent and file the action. Once the action is filed and an order is entered, it will remain in that state until a parent no longer resides there.
Let’s Discuss the Results You Want to Achieve.
If you are considering a separation or divorce, have questions regarding debt and asset division, or need to modify an existing child custody and/or support order, contact the law offices of Susan D. Stuart to schedule a free consultation about your case. All telephone calls are returned within twenty-four (24) hours. Many new clients are referred to Mrs. Stuart from former clients, which is a tribute to the expertise of her legal services.
13 public records of Susan Stuart in Texas
2
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2003 TOYOTA LANDCRUISER
2003 TOYOTA LAND CRUISER - Report ID: 91844086
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2010 FORD FUSION - Report ID: 96776869
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Susan Stuart
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Allstate Insurance Company Agent Susan Stuart In Tulsa, OK
Allstate Insurance Company – Susan Stuart In Tulsa, OK
Looking for an insurance agency? Contact Allstate Insurance Company Agent Susan Stuart at 10032 S Sheridan Rd, Tulsa, OK 74133.
This insurance agent, Susan Stuart, Broker is licensed in to sell insurance in OK, and provides insurance services within Tulsa and throughout the rest of OK.
Allstate Insurance Company can help with a variety of insurance types that can include: auto (car), home, life, disability, health, umbrella, boats, business insurance and others. Contact Susan Stuart to discuss your specific needs.
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What Should I Look For When Choosing Susan Stuart As An Insurance Agent?
If you’re looking for Allstate Insurance Company – Susan Stuart, it’s a good idea to know what to consider. Below are some basic things you can use to compare Susan Stuart to other agents in Tulsa, OK:
- Licensing – Make sure Susan Stuart and Allstate Insurance Company are licensed in Oklahoma. You can check company licensing information through by calling your state’s insurance department.
- Complaints – While you’re checking whether Susan Stuart and the Allstate Insurance Company are licensed, also check to see if they’ve had complaints filed against them.
- Financial Strength – When evaluating an insurance company for the policies that are offered to you, you also want to check its financial ratings.
More About Allstate Insurance Company – Susan Stuart
Allstate Insurance Company – Susan Stuart is classified as the following by several industrial classification codes:
- SIC CODE: 6411 Insurance Agents, Brokers, and Service
- NAICS CODE: 524210 Insurance Agencies and Brokerages
- Suggested ISO General Liability Code(s): 45334
- Suggested Workers Compensation Code(s): 8810, 8742
Description for 6411: Insurance Agents, Brokers and Services
Division H: Finance, Insurance, And Real Estate | Major Group 64: Insurance Agents, Brokers, And Service | Industry Group 641: Insurance Agents, Brokers, And Service
6411 Insurance Agents, Brokers, and Service: Agents primarily representing one or more insurance carriers, or brokers not representing any particular carriers primarily engaged as independent contractors in the sale or placement of insurance contracts with carriers, but not employees of the insurance carriers they represent. This industry also includes independent organizations concerned with insurance services.
- Fire Insurance Underwriters’ Laboratories
- Fire loss appraisal
- Insurance adjusters
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- Insurance agents
- Insurance brokers
- Insurance claim adjusters, not employed by insurance companies
- Insurance educational services
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- Insurance services
- Life insurance agents
- Medical insurance claims, processing of: contract or fee basis
- Pension and retirement plan consultants
- Policy holders’ consulting service
- Rate making organizations, insurance
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90,000 Sanctions or Usurpation of Power? How Zelensky angered human rights defenders | Ukraine and Ukrainians: A View from Europe | DW
In recent months, Fridays have turned into a “day of sanctions” in Ukraine, which on this day of the week is almost traditionally approved by the National Security and Defense Council (NSDC) and announced by President Volodymyr Zelenskyy. Since early February, when restrictive measures were first introduced against Viktor Medvedchuk’s ally Taras Kozak and related TV channels, Medvedchuk himself, ex-President Viktor Yanukovych, ex-Prime Minister Mykola Azarov and many other individuals and legal entities managed to become the targets of sanctions.
True, according to the law on sanctions, the country’s authorities can impose such restrictive measures against Ukrainian citizens only if these persons “carry out terrorist activities. ” Therefore, the authorities in Kiev explained their decisions by the fact that the persons and organizations mentioned in the sanctions lists who have a Ukrainian passport or are registered in Ukraine, among other things, are also involved in the financing of terrorism.
From support to accusations of Zelensky of usurpation
Despite criticism from those who were subjected to sanctions, as well as from their associates, at first the public and the expert community as a whole positively perceived the decisions of the NSDC and President Zelensky.Thus, in support of restrictive measures against the TV channels 112, Newsone and ZIK associated with Medvedchuk, a number of public organizations and experts engaged in countering disinformation spoke out.
By the decision of the National Security and Defense Council, the broadcasting of TV channels 112, Newsone and ZIK was terminated
Moreover, the sanctions imposed on these TV channels and Medvedchuk were openly supported by a number of Western embassies, including the United States. And this despite the fact that the diplomats of these countries are usually very sensitive to the observance of the principles of freedom of speech and the rule of law and invest significant resources in support of reforms in Ukraine.
But when on Sunday, April 4, President of Ukraine Volodymyr Zelenskyy introduced sanctions against 10 people, who, as noted on the website of the head of state, can be called the top ten Ukrainian smuggling, this caused sharp criticism of human rights defenders and a number of lawyers. Zelenskiy’s explanation that smuggling is “economic terrorism” did not satisfy them.
In a joint statement, the leaders of a number of reputable Ukrainian human rights organizations actually accused the president of usurping power.”The application of sanctions to citizens of Ukraine who live in the territory controlled by the Ukrainian government, undermine the fundamental principles of law, grossly violate the Constitution and international agreements ratified by Ukraine, carry serious threats to human rights and freedoms, and also have signs of usurpation of power in the state,” they said human rights defenders.
Volodymyr Zelenskyy said that he introduced sanctions against the top ten Ukrainian smuggling
And added that the measures of the NSDC and Zelensky are not sanctions in their international legal sense, but the directive management of the state.At the same time, neither the NSDC decision of April 2, nor the presidential decree published on April 4, contain any grounds for the use of restrictive measures, human rights activists insist. “Decree of the President of Ukraine No. 140/2021 based on the NSDC decision of April 2, 2021 is not just an abuse of power, but has signs of usurpation of power, because the president, in violation of the Constitution of Ukraine, appropriated the powers of the judiciary,” the statement explains.
Sanctions for quick political dividends
The introduction by the NSDC of the latest package of sanctions against those who are called “top smugglers” in the Office of the President of Ukraine was not accompanied by an explanation of the legal basis for this step, Nikolai, an expert at the Kiev Center for Political and Legal Reforms, said in an interview with DW Khavronyuk. He acknowledges that smuggling can be attributed to both internal and external threats to the state, but suggests that Zelenskiy chose to use the procedure of sanctions instead of criminal prosecution, since it can quickly bring political dividends. “For him, speed matters,” says Khavronyuk.
According to the chairman of the board of the Kiev Center for Civil Liberties Oleksandra Matviychuk, who also signed the statement of human rights activists, the arguments of Zelensky’s supporters, who explain the imposition of sanctions against Ukrainian citizens by the corruption of law enforcement agencies and the judicial system, which does not effectively bring smugglers to justice, do not stand up to criticism.Matviychuk admits that there are a lot of problems in the work of the judicial system in Ukraine.
Aleksandra Matviychuk
However, when solving one problem, you should not create another, she insists. “This tool (sanctions. – Red .) Is used against people who (supporters of such measures. – Red . ) do not like them,” the human rights activist explains. If the government changes, and the NSDC suddenly begins to impose sanctions on their like-minded people on the same grounds, then the supporters of sanctions will be the first to start talking about manual control and political persecution, Matviychuk says.
Susan Stewart, head of the Eastern Europe and Eurasia Research Group of the Berlin Science and Politics Foundation (SWP), agrees with this position. On the contrary, the problems of the Ukrainian judicial system make it even more important that other branches of government – especially the president and other high-ranking officials – act in accordance with the principles of the rule of law, she said. At the same time, the presidential administration is inclined, according to Stewart’s observations, to make ad-hoc decisions that do not have a solid legal basis and do not correspond to any strategy.”The growing role of the National Security and Defense Council also creates cause for concern,” the expert points out.
Repetition of the mistake of the times of Yanukovych
However, the collective statement of human rights defenders, who expressed sharp criticism, remains an exception so far. In general, the NSDC sanctions against “top smugglers” were met with criticism by many representatives of the Ukrainian civil society, but the attention of experts and activists was mainly directed to the fact that the list of “smuggling kings” compiled according to the SBU was far from complete.Or that the punishment of offenders with the help of sanctions replaces the systemic fight against smuggling – I mean reforms at customs or in law enforcement agencies.
Susan Stewart
According to Matviychuk, such myopia of the authorities can lead to bad consequences for the Ukrainian society. As an example, she cites the arbitrary abolition of the 2004 political reform by the Constitutional Court during the presidency of Yanukovych, which restored the latter extremely broad powers.According to the human rights activist, the then warnings of experts and the opposition also did not find a proper response in society: “For this, after a few years, we all paid a rather high price in the form of unarmed protesters shot on the Maidan. ”
The fact that the West also does not hear criticism of the sanctions practice of the NSDC and President Zelensky, Stewart explains by the numerous challenges that are now facing Western capitals, among which she calls the COVID-19 pandemic the most important.”It distracts attention from other events,” the expert explains. In addition, according to her, there is now a strengthening of the grouping of Russian troops on the Russian-Ukrainian border and in the Crimea annexed by Russia. “Only when the situation there calms down a little will there be time to deal with other events in Ukraine,” Stewart said.
In any case, Volodymyr Zelenskyy is not going to end the sanctions practice so far. He has already announced that he wants to continue imposing sanctions against Ukrainian smugglers.
See also:
Newcomers in politics: from actors, football players and rappers
Showman
In the popular television series “Servant of the People” Vladimir Zelensky (pictured – during filming) plays a history teacher, who becomes the president of Ukraine. Now, judging by the results of the presidential elections held on April 21, he will become the real president. Comedian and TV producer Zelensky is known throughout the country. During the election campaign, he called himself a clown.What kind of president will he be?
Newcomers in politics: to the presidency – from actors, football players and rappers
Hollywood star
Did you recognize him here? This is Ronald Reagan, US President 1981-89. At the dawn of his career, he was a famous actor (pictured – in the film “Queen of the Mountains”). But Reagan didn’t become president by stepping off the set. From 1967-75, he was Governor of California. The Republican-Reagan campaign was supported by such great Hollywood figures as actor John Wayne and director Walt Disney.
Newcomers in politics: to the presidency – from actors, football players and rappers
Extravagant
Under the pseudonym “sweet Mickey”, the musician Michel Martely became famous in the 1980s. He became famous for his bright outfits, as well as extravagant performances on stage. From 2011 to 2016, Martelyi was President of Haiti, overseeing the restoration work on the island after the devastating 2010 earthquake. Hurricane Matthew destroyed much of what was recovered after 6 years.
Newcomers in politics: to the presidency – from actors, football players and rappers
Virtuoso
A small excursion into history: immediately after the end of the First World War, the talented pianist and composer Ignacy Jan Paderewski was appointed Prime Minister and Minister of Foreign Affairs of the their statehood of Poland. As prime minister, he signed the Versailles Peace Treaty on behalf of Warsaw. Less than a year later, Paderewski resigned, and later returned to politics more than once.
Newcomers to politics: to the presidency – from actors, footballers and rappers
World Champion
As a cricketer, the current Prime Minister of Pakistan Imran Khan has achieved tremendous success: in 1992, the national team, whose captain was Khan (on photo – with a flag), became the world champion. And already in 1996, he founded the party and was twice a member of parliament. In 2018, his Movement for Justice won parliamentary elections successfully and Khan was elected prime minister.
Newcomers in politics: to the presidency – from actors, football players and rappers
Ball wizard
Enviable sporting successes and in the asset of Liberian George Weah, in the past – a forward of a number of leading European clubs. In 1995, he achieved a unique result – he became the first and so far the only African who was named the best football player of the year by FIFA. In 2005, Weah tried to become President of Liberia, but lost the election. However, at the end of 2017, he managed to take the chair of the head of state.
Newcomers in politics: for the presidency – from actors, football players and rappers
Brawler
Silvio Berlusconi is not a professional politician. He earned money for his studies as an entertainer and singer on cruise ships. Later, Berlusconi, whose career was accompanied by various scandals, became a billionaire, making money in the construction and media business. His Forward Italy party took power in 1994. At the same time began the first of four terms of Berlusconi as prime minister.
Newcomers in politics: to the presidency – from actors, football players and rappers
Hope of youth
Rapper Boby Wine is not yet president, but apparently wants to become one in 2021. Under his real name Robert Kiagulani, he has been a member of the Ugandan parliament since 2017. His supporters are mostly young people who are unhappy with President Museveni, who has held this post since 1986. Wayne seems to have hurt the interests of influential people: his chauffeur was killed, the rapper himself was arrested and, presumably, tortured.
Author: Uta Steinver
gaz.wiki – gaz.wiki
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Susan Stewart thoughts on the role of humanitarian knowledge in modern life Text of a scientific article in the specialty “Philosophy, Ethics, Religious Studies”
Susan Stewart
THOUGHTS ABOUT THE ROLE OF HUMANITARIAN KNOWLEDGE IN MODERN LIFE *
Susan Stewart (Princeton University) traces the role of the humanities in modern life as a continuation and transformation of such a role since the invention of these sciences by the humanists of the Renaissance. This is especially interesting today, when the role of biology and, in general, the sciences of nature has increased in the world, and it is not known whether this is good or bad.
One of the most famous examples of the Renaissance worldview is Speech on the Dignity of Man by Pico della Mirandola (1463-1494), who was a member of the circle of Lorenzo Medici and the Florentine Neoplatonists led by Marsilio Fi-cino (Platonic Academy). This speech talks about the ability of people to self-creation, which distinguishes us from animals and brings us closer to the divine.Pico della Mirandola was interested in the feeling of happiness and the category of freedom, which simultaneously lead to change and stability.
What is human life? What is the purpose of human life? What are we striving for and what values prevail in our life? Neither religion nor science can answer these questions, the answer can only be given by the world of public interests. So, Hannah Arendt (1902-1975) in her work “The Condition of Human Life” (1958) wrote that before the twentieth century.the concept of “humanity” was abstract and only now has it turned into reality. This has led to the fact that it is now impossible to chase
* Stewart S. Thoughts on the role of humanities in contemporary life // New lit. history. – Charlottesville, 2005. – Vol. 36, No. 1. – P.97-104.
179
Susan Stewart
personal interests or even national interests, without thinking about what consequences such an approach will bring on a human scale.
Global institutions like the Kyoto Protocol, Médecins Sans Frontières or Human Rights act quickly and efficiently because they are guided by ethical principles. Fundamentalist movements of all kinds are a threat to humanism, for they obey individual authorities, vilify women and sexual minorities, deny biblical and, in general, often other religious dogmas.
In the face of such regressive aspirations, it is very useful to study the methodology of humanitarian knowledge of the Renaissance and Enlightenment.However, if natural scientists cannot solve their scientific problems without resorting to ethics and morality, then the humanities cannot stand aside from the natural sciences. After all, they are quite capable of expressing their opinion on the latest achievements of science and technology.
The humanities are split by bogus discussions between materialism and spiritualism, history and theory and other antinomies. Materialists fall into a “descriptive abyss”, while spiritualists tend to allegorize, which is why neither one nor the other can find any new problems in the theory of knowledge. Such methodological networks have entangled us ever since Immanuel Kant wrote Critique of Pure Reason (1781), in which he named four antinomies that arise in the human mind when trying to think of the world as a whole.
Nowadays there is a lot of debate about what exactly young people should study in universities and universities – antiquity or modernity. The point is that the nature of the documents of the past can change our perception and assessment of time.Indeed, these documents contain both wise and harmful concepts, which is why we must learn to evaluate the past so that it can help us in our modern achievements. Models for these accomplishments are found in the writings of writers, artists, musicians, historians and philosophers of the past.
Concepts such as love, tolerance, greed, intelligence, jealousy, constancy, grief, regret, curiosity, suffering, pre-180
Thoughts on the role of humanitarian knowledge in modern life
given, nobility, etc. evoke memories of Penelope, Midas, Odysseus, Iago, Hera, Antigone, Hecuba, Faust, Pandora, Job, Philemon and Baucis and a thousand other heroes and persons. Imagine what would happen to humanity if painting, sculpture, music, theater, cinema and literature (both oral and written literature) were completely absent. Imagine what the ideological poverty of mankind would have been if past events had not been described in historical chronicles and philosophical works, for the success of human life is primarily a product of human creation.
I.L. Galinskaya
90,000 In Germany, they see no grounds for signing the EU-Ukraine Association Agreement
The signing of the Association Agreement will not take place without fulfilling the requirements of the European Union, the German Foreign Ministry noted on the eve of the Ukraine-EU summit.
“The signing of the Association Agreement between Ukraine and the EU is possible only on the basis of common European values, according to which the European Union has formulated clear criteria,” reports Deutsche Welle with reference to the German Foreign Ministry.
Susan Stewart from the Berlin Foundation for Science and Politics, in a conversation with DW, noted that in the months preceding the Ukraine-EU summit, Kiev was unable to demonstrate positive changes. “I do not see any signs that Ukraine is ready to seriously fulfill these requirements,” the expert stated.
Viola von Cramon, speaker of the Green faction in the Bundestag on EU foreign policy, noted that signing an agreement with Ukraine in the current circumstances would be a wrong signal for other EU Eastern Partnership countries.”Why should such countries as Moldova or Georgia strain if they sign an agreement with Ukraine for nothing?” – asks Viola von Cramon.
However, Ukraine hopes that the European Union will sign an association agreement despite criticism of the Ukrainian authorities. In an interview with the Frankfurter Allgemeine Zeitung in early February, Prime Minister Mykola Azarov called Yulia Tymoshenko’s conclusions “a matter of secondary importance,” which, according to him, should not interfere with “strategic issues. “It is from strategic considerations, Azarov believes, that the signing of the Association Agreement is beneficial for the European Union.
Member of the Bundestag Gunter Krichbaum did not hide his disappointment with this formulation of the question. “Obviously, some in Ukraine believe that Europe, after a short phase of indignation, will turn a blind eye to massive violations of the rule of law only because Ukraine is of strategic importance. But this will not happen,” Krikhbaum emphasized.
Crimean platform: can Kiev return Crimea after seven years of annexation
On the eve of the Independence Day of Ukraine, the first summit of the Crimean Platform will be held in Kiev.DW spoke with German politicians and experts about what to expect from President Zelenskiy’s initiative.
Will Ukraine ever be able to regain Crimea? A step in this direction should be the creation of the Crimean platform, which will begin work in Kiev on the eve of the thirtieth anniversary of the country’s independence. The officially proclaimed goal of the initiative is to discuss ways to de-occupy Crimea. For the first time, President of Ukraine Volodymyr Zelenskyy announced it back in September 2020 during his speech at a session of the UN General Assembly.
The international platform is planned to operate at four levels. According to the First Deputy Foreign Minister of Ukraine Emine Dzhaparova, who is responsible for this issue in the government, the events will be held at the level of heads of state, foreign ministers, parliaments and expert circles from different countries.
The creation of an international platform for consolidating the efforts of the international community on Crimea has already been supported by many states.In particular, the foreign ministers of the G7 countries. In a joint statement marking the seventh anniversary of the annexation of the peninsula, they endorsed the creation of the platform and unanimously condemned Russia’s ongoing actions to undermine the territorial integrity, sovereignty and independence of Ukraine.
Who participates in the Crimean platform
President Volodymyr Zelenskyy hopes that representatives of about 30 countries will come to the summit in August.The list of participating states has not yet been disclosed. However, according to Dzhaparova, so far the countries that have received the invitation can be divided into those that have confirmed their participation in official notes, those that determine at what level to be represented, and those that have not yet decided whether they will accept the invitation at all. Japarova also added that Germany and France belong to the second group.
Andreas Umland, an expert at the Ukrainian Institute for the Future, is convinced that, in addition to the Western countries, which are “united in their position on Crimea,” those countries that guaranteed Ukraine’s security by signing the Budapest Memorandum should receive an invitation to participate. In addition, China should also receive an invitation, which, like France, provided Ukraine with individual security guarantees in a special government declaration.
“The most interesting thing is to attract non-Western countries. Besides China, Turkey is also of particular importance. It does not recognize the annexation. The country will in some way participate in this platform, but how much it will invest in all this will be interesting (see – Ed.) “, – the expert adds.
“Russia needs to send an invitation”
Russia is an important player in the discussion of the Crimea issue.However, in Moscow, Kiev’s efforts to reclaim the peninsula are called “illegitimate.” According to Dzhaparova, Russia is trying to discredit the Crimean platform and minimize the participation of other countries in it. The Kremlin made it clear that it is not going to return Crimea, so it intends to ignore Zelensky’s initiative. All experts interviewed by DW agree on this. However, they add, an official invitation to participate in the Crimean platform must be sent to everyone purely for formal reasons.
“I don’t see any possibility for Russia’s participation at all.This is completely unrealistic. But it would still be important to officially convey the invitation to Russia. And then you (Ukraine – Ed.) Either get an official refusal, or you get nothing. But then you can report it, “explains an expert from the Berlin Foundation for Science and Politics Susan Stewart (Susan Stewart).
According to Umland, the very format of the Crimean platform does not provide for Russia’s participation. “Geneva,” Normandy “format, Minsk negotiations – Russia is everywhere there. These were the formats of negotiations, and in the case of the Crimean platform, we are not talking about negotiations.Russia will not come there, it is still a different project, it will rather talk about publications and conferences. But this will be all against Russia and against the current Russian leadership, “states Umland.
The return of the peninsula to Ukraine is only one of the goals
German experts in an interview with DW the platform’s goal is to return the peninsula to the control of the Ukrainian authorities. However, they note, this can only be a long-term goal.According to Stewart, the initiative should focus on intermediate tasks, because there are no prerequisites for achieving the final one yet. “During this time, you (Ukraine. – Ed.) Can do a lot so that other countries understand how Russia operates,” Stewart is convinced.
“Zelensky has two goals. One is to ensure that Crimea does not disappear completely from the international radar. Russia is making efforts so that other states, if they do not officially recognize Crimea as Russian, then at least unofficially keep silent about the fact that it is occupied and accept it de facto.The aim of the Crimean Platform is to prevent this from happening, “Gustav Gressel, senior researcher at the Berlin branch of the European Council on Foreign Relations (ECFR), explained in an interview with DW.
In his opinion, the return of Crimea to the control of Ukraine is possible only on condition of a change of power in Russia. But, he continues, and under Putin’s successors this is not guaranteed, unless we now begin to document in detail all the violations of human rights and international law taking place in Crimea.”At some point, Russia will probably want to break out of this scam after Vladimir Putin. Then it would be good if Ukraine had good documentation regarding the occupation regime and all violations. In thirty, forty years it will be very important,” he adds Gressel.
What the Bundestag says about the platform
According to the Bundestag MPs interviewed by DW, the Crimean Platform is a good initiative that will help maintain international attention on the peninsula.In turn, the deputy from the Social Democratic Party of Germany (SPD) Daniela De Ridder (Daniela De Ridder) notes that Russia must necessarily sit at the negotiating table on the Crimea.
“We must constantly continue the dialogue with the Russians. I know that there is a great reluctance on the Ukrainian side, and there are fears in the Baltic countries. But Russia is part of the problem. Russian politics under Putin is also a big problem. But if we don’t conduct a dialogue more intensively, we will not reach a solution, “De Ridder is convinced.However, she believes that the platform can be useful even if Russia does not participate, because other “participating countries must decide on a common strategy for Crimea.”
“The occupation of Crimea is not perceived as a norm,” Omid Nouripour, a deputy from the “Union 90” / “Greens” party, said in an interview with DW. . This platform can be very useful. “The long-term goal of the format, in his opinion, should be the restoration of the territorial integrity of Ukraine.
Representative of the liberal FDP faction, expert on Central, Southeast and Eastern Europe Renata Alt also approves of the initiative. “The annexation of Crimea led to a massive militarization of the Black Sea region. And this may also have implications for European security in the future. The Crimean platform will allow monitoring the situation,” Alt summed up.
DW
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90,000 Putin has no clear goal – German expert
The actions of Russian President Vladimir Putin on the border with Ukraine have no clear goal, except to anger the West.
This opinion was expressed in a comment to Ukrinform by Susan Stewart, head of the Eastern Europe and Eurasia Research Group of the Berlin Science and Politics Foundation (SWP).
“I don’t think Putin has any ultimate goal. I think he just thinks that Russia has the right … to control what happens to Ukraine, ”Stewart said.
According to her, by building up military power near the border with Ukraine, the Russian president sought to “test” the head of the White House Joe Biden and leaders of other Western countries, as well as President of Ukraine Volodymyr Zelensky for not making concessions to Moscow.
According to the expert, “Putin likes to use military force, because he knows how uncomfortable other players feel at the same time.”
“So he decided to do this show, check the reaction of the West, and then decide how to proceed,” says Stewart.
According to her, this means that, on the one hand, the West can have a real influence on what is happening, but at the same time it is very difficult to predict what Putin’s actions will be.The decisions of the Russian president are “situational and therefore difficult to predict,” Stewart said.