Law and biomedicine

2021 ◽  
Author(s):  
Fatima Comartova ◽  
Andrey Pomazanskiy ◽  
Elena Nikitina ◽  
Saria Nanba ◽  
Timur Mel'nik ◽  
...  
Keyword(s):  
Human Nature ◽  
Human Life ◽  
Rapid Development ◽  
Legal Regulation ◽  
Theoretical Development ◽  
Social Orientation ◽  
Public Authorities ◽  
Global Problems ◽  
Biomedical Technologies

The rapid development of modern biomedicine creates both hopes for solving global problems of humanity, and risks associated with the enormous potential of its impact on human nature. In this regard, the processes of development and application of biomedical technologies need timely and adequate legal regulation that defines the boundaries of biotechnological intervention in human life. This publication is devoted to the theoretical development of general legal approaches to the essence, content, social orientation and the main industry features of the regulation of relations in the field of biomedicine, which would allow to form a special legal regulation in this area. For researchers, teachers, postgraduates, students, practicing lawyers, employees of public authorities.

LEGAL AND ETHICAL ASPECTS OF BIOMEDICAL TECHNOLOGIES DEVELOPMENT AND THEIR IMPACT ON A HUMAN BODY

2017 ◽  
Author(s):  
Anna Koval ◽  
Keyword(s):  
Organ Donation ◽  
Medical Practice ◽  
Human Body ◽  
Rapid Development ◽  
Legal Regulation ◽  
Biomedical Ethics ◽  
Health Protection ◽  
Hereditary Diseases ◽  
Social Regulation ◽  
Biomedical Technologies

he end of the twentieth century and the beginning of the twentyfirst century has begun the rapid development of scientific researches in the biological and medical fields. This process is associated with using of fundamentally new methods, which are primarily aimed at the disease prevention, as well as the introduction into the treatment of human diseases with the latest scientific and innovative technologies, methods and techniques of their application. These opportunities in the development of scientific technologies in the field of biology and medicine have led to the emergence of such a direction of scientific activity as "biotechnology". The proposed article notes that using of biomedical technologies has caused a number of new problems in the field of law and ethics. Legal arrangement in the field of the health protection have become much more complicated. Thanks to new opportunities, today these relations regulate rights and responsibilities of a fairly large number of people. Modern relations in the field of medical services and medical care lead to the emergence of new approaches to their regulation by both legal and ethical norms. In the past, relations in the field of the health protection were usually between two subjects, a doctor and a healthcare consumer. Nowadays, in a medical practice, relations in the field of the health protection involve: a health-care consumer, his family members (e.g., in the case of hereditary diseases diagnosis, blood and organ donation etc.) and third parties (e.g., organ donation, reproductive cell donation, surrogacy etc.). In the general doctrinal concept, biotechnology is the industrial use of living organisms or their parts (microorganisms, fungi, algae, plant and animal cells, cellular organs, enzymes etc.) for product producing or modifying, improving plants and animals, and in medical practice - in relation of the individual human organs (or body as a whole) functioning. These circumstances require improving the legal regulation of modern medicine public relations, bringing them into line with emerging realities. Moreover, the specifics of relations in this field determines the specifics of their legal regulation. The application of new medical technologiesin relation to human treatment has given rise to a significant number of moral and ethical problems that could not be solved within the framework of medical ethics and deontology alone. In connection with this, the way out of the current situation could be the consolidation of bioethics as an interdisciplinary field of knowledge, as a science, which makes it possible to explain moral, ethical and legal aspects of the medicine. This, for example, determines the allocation of medical law in an independent branch of law in some Western countries and Ukraine. The article focuses on biomedical ethics, which is a component of the medical activities system regulation. In the context of considering the levels of social regulation of medical activities, bioethics (biomedical ethics) is an interdisciplinary science that studies moral and ethical, social and legal problems of medical activities in the context of human rights protection. Bioethics should create a set of moral principles, norms and rules that are binding on all mankind and delineate the limits of scientific interference in the nature of the human body, the transition through which is unacceptable.

Sharing One's Story: On the Benefits of Writing or Talking About Emotional Experience

2009 ◽  
pp. 620-632 ◽  
Author(s):  
Kate G. Niederhoffer ◽  
James W. Pennebaker
Keyword(s):  
Text Analysis ◽  
Emotional Experience ◽  
Rapid Development ◽  
Emotional Valence ◽  
Social Orientation ◽  
Function Words ◽  
Writing Paradigm ◽  
Emotional Events ◽  
Historical Antecedents ◽  
Computerized Text Analysis

Over two decades of research devoted to the writing paradigm has resulted in substantial findings that translating emotional events into words leads to profound social, psychological, and neural changes. How and why would constructing stories about important personal events be so beneficial? The chapter describes the writing paradigm used in this research, offering an overview of the research findings and examination of its historical antecedents. While the precise mechanisms through which a narrative heals are still unrealized, we review three underlying processes that might explain its power: emotional inhibition, cognitive processes, and linguistic processes that echo changes in social orientation. Most recently, advances in computerized text analysis, in addition to the rapid development of the Internet, have afforded a new lens on the psychological transformations achieved through the writing paradigm. Linguistic Inquiry and Word Count (LIWC) is one such computerized text analysis program that captures style and content words. Originally created to better understand the language of emotional upheaval and recovery, with a focus on content and emotional valence, more recent research has focused on subtle stylistic differences in function words such as pronouns, articles, and prepositions. These “junk words” have proven to be reliable markers of demographics, biological activity, depression, life stressors, deception, and status. The chapter briefly reviews recent LIWC-based research regarding the often-overlooked stylistic components of sharing one's story.

scholarly journals The Enduring Greatness: The Mahāpuruşha Paradigm—An Indian Perspective

2021 ◽  
pp. 002216782110008
Author(s):  
Maharaj K. Raina
Keyword(s):  
Moral Responsibility ◽  
Human Nature ◽  
Human Life ◽  
Human Spirit ◽  
Positive Direction ◽  
Indian Tradition ◽  
Indian Perspective ◽  
Relative Concept ◽  
The Way

Greatness, a relative concept, has been historically approached in different ways. Considering greatness of character as different from greatness of talents, some cultures have conceptualized greatness as an expression of human spirit leading to transcending existing patterns and awakening inner selves to new levels of consciousness, rising above times and circumstances, and to change the direction of human tide. Individuals characterized by such greatness working with higher selves, guided by moral and ethical imperatives, and possessing noble impulses of human nature are considered to be manifesting spiritual greatness. Examining such greatness is the goal of this article. Keeping Indian tradition in focus, this article has studied how greatness has been conceptualized in that particular tradition and the way in which life and times have shaped great individuals called Mahāpuruşha who exhibited extraordinary moral responsibility relentlessly in pursuit of their visions of addressing contemporary major issues and changing the direction of human life. Four Mahāpuruşha, who possessed such enduring greatness and excelled in their thoughts and actions to give a new positive direction to human life, have been profiled in this article. Suggestions have also been made for studies on moral and spiritual excellence to help realize our true human path and purpose.

scholarly journals The Development of Disaster Nursing in China-from the Spirit of Nightingale to COVID-19

2020 ◽  
pp. 1-15
Author(s):  
DI Zhang ◽  
Liyan Zhang ◽  
Aihua Gong
Keyword(s):  
Emergency Response ◽  
Nursing Staff ◽  
Rapid Development ◽  
Theoretical Development ◽  
Emergency Rescue ◽  
Chinese Model ◽  
Practice Models ◽  
The World ◽  
National Disaster

Abstract As an emerging discipline, disaster nursing is very important in disaster emergency management, but there are few mature practice models and theoretical discussions. In particular, the contribution of nursing staff in disaster emergency has not yet received widespread attention and recognition. After more than ten years of rapid development, China’s disaster nursing has gradually formed a Chinese model and Chinese experience. During the global fight against COVID-19, this article takes the nursing work in disaster emergency rescue as the perspective and briefly describes the development process of disaster nursing in China to introduce the practice and theoretical development of disaster nursing in China to nursing workers around the world. By analyzing the role of Chinese nurses in national disaster emergency response, it provides a reference for global disaster nursing talent capacity building. By sharing the Nightingale spirit of Chinese nurses in disaster emergency, we will show people all over the world the professional value of disaster nursing practitioners and pay tribute to the nursing staff engaged in disaster emergency work.

LEGAL REGULATION DELEGATION OF AUTHORITY IN THE SYSTEM OF LOCAL SELF-GOVERNMENT IN UKRAINE

2018 ◽  
Author(s):  
Viktoriia Davydova ◽  
Keyword(s):  
Organizational Support ◽  
Central Place ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
Public Authorities ◽  
Financial Autonomy ◽  
Socialist State ◽  
Delegation Of Authority ◽  
Delegation Of Powers

Delegation of authority itself, as an element of the system of relations in the sphere of local self-government, is one of the most difficult, since the completeness of the competences of local self-government bodies and their resource provision occupy a central place in the scientific discourse on this issue. The legal and organizational support of delegation is also unstable today from the point of view of the completeness of the mechanisms of administrative and legal regulation of this direction of the implementation of the right to self- government by communities. In the context of the administrative reform, the consolidation of administrative-territorial units, the stimulation of the creation of united territorial communities, the question of finding the most optimal model for organizing delegation, as a process of redistribution of powers, acquires particular relevance and importance. The aim of the research is to study the formation of legal regulation of delegation of powers in the system of local self- government in Ukraine. The article defines the content of legal regulation, which is characterized by such elements as form, subject and methods. Review that the forms of legal regulation are normative legal acts adopted according to the procedures by authorized public authorities, the subject of regulation of which is the process of delegation of powers in the local self-government system. The author revealed that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self- government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature. It has been substantiated that the adoption of the Law of Ukraine dated May 21, 1997 No. 280/97-ВР "On local self-government in Ukraine" became a decisive step towards creating a system of local self-government in Ukraine, effective organizational and legal support for the delegation of powers in the local self- government system. By means of retrospective analysis, it was determined that the idea of local self-government, provides for the decentralization of power, organizational and financial autonomy of self-government bodies, contradicted the doctrine of the socialist state, as well as the task of the state of the proletarian dictatorship, was centralized by nature.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

scholarly journals Sensor Fault-Tolerant Control Design for Mini Motion Package Electro-Hydraulic Actuator

Processes ◽  
2019 ◽  
Vol 7 (2) ◽  
pp. 89 ◽  
Author(s):  
Tan Van Nguyen ◽  
Cheolkeun Ha
Keyword(s):  
Tracking Control ◽  
Position Control ◽  
Fault Tolerant ◽  
Human Life ◽  
Rapid Development ◽  
Fault Tolerant Control ◽  
Superior Performance ◽  
Linear Matrix ◽  
Sensor Faults ◽  
Sensor Fault

With the rapid development of computer science and information and communication technology (ICT), increasingly intelligent, and complex systems have been applied to industries as well as human life. Fault-tolerant control (FTC) has, therefore, become one of the most important topics attracting attention from both engineers and researchers to maintain system performances when faults occur. The ultimate goal of this study was to develop a sensor fault-tolerant control (SFTC) to enhance the robust position tracking control of a class of electro-hydraulic actuators called mini motion packages (MMPs), which are widely used for applications requiring large force-displacement ratios. First, a mathematical model of the MMP system is presented, which is then applied in the position control process of the MMP system. Here, a well-known proportional, integrated and derivative (PID) control algorithm is employed to ensure the positional response to the reference position. Second, an unknown input observer (UIO) is designed to estimate the state vector and sensor faults using a linear matrix inequality (LMI) optimization algorithm. Then an SFTC is used to deal with sensor faults of the MMP system. The SFTC is formed of the fault detection and the fault compensation with the goal of determining the location, time of occurrence, and magnitude of the faults in the fault signal compensation process. Finally, numerical simulations were run to demonstrate the superior performance of the proposed approach compared to traditional tracking control.

scholarly journals ПОЛІТИКО-ПРАВОВІ АСПЕКТИ ЗАКОНОДАВЧОГО ЗАБЕЗПЕЧЕННЯ ВИБОРЧОГО ПРОЦЕСУ В СУЧАСНІЙ УКРАЇНІ

2019 ◽  
pp. 134-144
Author(s):  
Г. М. Нечаєва
Keyword(s):  
State Power ◽  
Legal Regulation ◽  
Electoral Process ◽  
Public Authorities ◽  
The Status ◽  
The Will ◽  
Points Of View ◽  
Democratic Principles ◽  
The Stability

This article examines the stages of the electoral process based on the legislation of Ukraine on elections since the proclamation of independent Ukraine until now. Considerable attention is paid to the disclosure of the concept of "electoral process", since democracy and the legitimacy of the entire system of public authorities depend to the electoral democracy. On the basis of various points of view of scientists, scholars of lawyers it can be concluded that the electoral process as a legal category is an independent legal institution of constitutional law, which should be understood as a set of constitutional and procedural norms governing the formation of representative bodies of the state and other elected bodies of state power and bodies of local self-government, election of state officials. The issue of the legislative support of the electoral process in Ukraine, the problem of the formation of a system of electoral legislation in Ukraine on the basis of which the electoral process takes place - elections of the President of Ukraine, people's deputies of Ukraine, deputies of local councils and village, town and city mayors. Adequate reflection of the will of the citizens on the formation of a system of government, the creation of conditions for free and deliberate expression of will require not only the legislative consolidation of the principles of free and fair elections, but also detailed legal regulation of procedures for conducting an election campaign, determination of the status of the subjects of the electoral process, their rights and obligations defining the results of elections, etc. The necessity of formation and establishment of a stable electoral culture of voters and the stability of electoral legislation for ensuring the proper realization of the electoral rights of Ukrainian citizens is indicated. However, the main problem is not so much in adopting laws that would comply with generally accepted democratic principles, but in ensuring compliance with these principles in practice, which does not always lie in the field of legislative regulation. In order to ensure legality in the process of organizing and holding elections, the functioning and interaction of all branches of state power, local self-government bodies and public associations must be agreed upon.

scholarly journals Transport telecommunication networks as an information medium for obtaining information relevant to criminal proceedings: problematic issues of legal regulation

2019 ◽  
pp. 161-173
Author(s):  
O. Metelev
Keyword(s):  
Human Rights ◽  
Rapid Development ◽  
Crime Scene ◽  
Legal Regulation ◽  
Information Environment ◽  
Telecommunication Networks ◽  
Digital Evidence ◽  
Criminal Proceedings ◽  
Telecommunications Networks ◽  
National Legislation

Scientific and technological progress, as well as the rapid development of information technologies, the formation of the information society, the introduction of telecommunications systems and networks into all vital processes, the availability of digital communications and information transmission have necessitated the use of new methods of combating crime in the new information (cybernetic) space, this artificially created environment, which is an integral part of transport telecommunications networks (TTN). The extraterritorial nature of transport telecommunication networks and systems, together with the global Internet, greatly complicates their legal regulation, as it is sometimes quite difficult to determine the jurisdiction of which state relates a criminal offense. Thus, when conducting silent investigative actions, a legitimate question arises as to the lawfulness of work in the information environment of the transport telecommunication network for obtaining digital evidence in the interests of criminal proceedings. Purpose of the article: to investigate the problematic issues of legal regulation when working in transport telecommunication networks in order to obtain information relevant to criminal proceedings during the conduct of silent investigative actions. The paper draws attention to the insufficient level of scientific research to cover the problematic issues of studying transport telecommunications networks as an information medium for legal obtaining digital evidence in the interests of criminal justice. The national legislation regulating public relations in this field is analyzed, as well as the case law of the European Court of Human Rights, which reveals some «white spots» in national legislation on ensuring the legitimacy and protection of human rights in the conduct of vague private communication interventions in the information environment of transport telecommunication networks. Taking into account the extraterritorial nature of the information (cyber) space, it is concluded that there is a need for clear legislative regulation of procedural activity in the transport telecommunication networks in order to ensure the security of the individual, society and the state as a whole in this sphere. The article also discusses different approaches to legal disparities in cyber crime investigations. The question of determining the crime scene in the information (cybernetic) space is raised, an attempt is made to define the "crime scene" and provides suggestions for improving legislation.

scholarly journals Legal regulation of legal relations in the field of land accounting

2019 ◽  
Author(s):  
D. Kondratenko
Keyword(s):  
Public Relations ◽  
Local Governments ◽  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Public Authorities ◽  
Registration System ◽  
Land Registration ◽  
Land Relations ◽  
Definition Of

Problem setting. The article analyzes the issue of legal relations in the field of land accounting. The legal nature of public relations in this area has been clarified. The accounting of the quantity and quality of land is investigated. The author’s definition of legal relations in the field of land accounting is provided. The circle of subjects of these legal relations is outlined. Analysis of recent researches and publications. To date, in the scientific literature there is no comprehensive study of the legal regulation of legal relations in the field of land accounting. There are only developments devoted to certain issues of land law science. Target of research. The study of the legal regulation of legal relations arising in the field of land accounting, the allocation of subjects of these legal relations. Article’s main body Justification of the appropriateness of obtaining, systematizing all the resources available on the land plot, determining the size, quality status and distribution of the land fund, providing the necessary data about the land, studying the legal relations arising on this occasion. The basis of the land registration and registration system in Ukraine is the State Land Cadastre. It reflects the subjective information on land, which accumulates as a result of land accounting. Such information is necessary primarily for the implementation of state control over the use, reproduction and protection of land. Only a legally regulated and wellmaintained process of conducting accounting and registration activities in the field of land relations can become the key to the introduction and functioning of a transparent mechanism for the circulation of land in market conditions and an effective mechanism for managing them. In this aspect, it is important to note that it is necessary to distinguish land accounting in the proper sense and land rights accounting (as a broader category compared to the first). In the context of the land registration reform and the further process of improving the State Land Cadastre, it is necessary to talk about the formation of land information relations. Conclusions and prospects for the development. Land accounting relationships are public relations that arise in connection with the activities of public authorities and local governments, which are endowed with appropriate powers to take measures to obtain, systematize and analyze information on the quantity, territorial location and use of land. The subjects of these legal relationships are landowners and land users, the state, state authorities and local selfgovernments, who are vested with the respective powers.

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