Policing and Corrections under the Islamic Legal Model

2008 ◽  
pp. 163-176
Keyword(s):  
Legal Model

Investigating judge as a new figure in the Kyrgyz Republic criminal procedure

2020 ◽  
Vol 2020 (3) ◽  
pp. 140-147
Author(s):  
Sof'ya Shestakova ◽  
Uulzhan Imanalieva
Keyword(s):  
Criminal Procedure ◽  
Comparative Perspective ◽  
Kyrgyz Republic ◽  
Trial Procedure ◽  
Judicial Control ◽  
Legal Model ◽  
Integral Element ◽  
The Right ◽  
Conceptual Foundations ◽  
Former Soviet Republics

The article iis devoted to the research of the institution of investigative judge introduced into the criminal procedure of the Kyrgyz Republic in 2019. The authors analyze the conceptual foundations of this institution, its procedural significance, as well as the legal model under Kyrgyz legislation in its comparative perspective with the legislation of Germany and some former Soviet republics. Two main achievements: the organizational and functional isolation of an investigating judge during the criminal procedure and granting them the power of deposition are seen by the authors as advantages of the Kyrgyz model of the institution of an investigative judge. The former is aimed at guaranteeing the objectivity, impartiality and neutrality of the judge considering the case on the merits, who is discharged judicial control in pre-trial procedure nowadays. The latter is aimed at implementing for the prosecution and defense the right to be equal parties of procedural opportunities to participate in evidence as an integral element of the adversarial principle.

Reversing Financialization

2018 ◽  
Author(s):  
Simon Deakin
Keyword(s):  
Corporate Governance ◽  
Corporate Strategy ◽  
Negative Impact ◽  
Focal Point ◽  
Employee Voice ◽  
Board Structure ◽  
Shareholder Primacy ◽  
Financial Interests ◽  
Legal Model ◽  
Legislative Framework

The debate over corporate governance is skewed by the common misunderstanding that shareholders are the owners of companies, and are entitled to have them run in their interest. The legal model of the firm is more nuanced, seeing the corporation as a complex entity characterized by co-operation between the suppliers of capital and labour, with a co-ordinating role for management. The elevation of shareholder primacy as a focal point for corporate strategy over recent decades is the result of government deferring to financial interests in the making of rules governing takeovers and board structure. Reversing financialization, and the negative impact it is having on social cohesion and innovation, will require a new legislative framework for corporate governance, with a greater role for employee voice and a reorientation of investment priorities.

scholarly journals The Impact of the Church–State Model for an Effective Guarantee of Religious Freedom: A Study of the Peruvian Experience during the COVID-19 Pandemic

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 40
Author(s):  
Susana Mosquera
Keyword(s):  
Religious Freedom ◽  
Current Crisis ◽  
Dual Nature ◽  
Legal Model ◽  
The Individual ◽  
The Right ◽  
Institutional Guarantee ◽  
The Impact ◽  
Individual Dimension ◽  
The Church

During the COVID-19 pandemic, many governments established important restrictions on religious freedom. Due to a restrictive interpretation of the right to religious freedom, religion was placed in the category of “non-essential activity” and was, therefore, unprotected. Within this framework, this paper tries to offer a reflection on the relevance of the dual nature of religious freedom as an individual and collective right, since the current crisis has made it clear that the individual dimension of religious freedom is vulnerable when the legal model does not offer an adequate institutional guarantee to the collective dimension of religious freedom.

A Global Socio-economic-medico-legal Model for the Sustainability of Longitudinal Electronic Health Records

2006 ◽  
Vol 45 (03) ◽  
pp. 240-245 ◽  
Author(s):  
A. Shabo
Keyword(s):  
Electronic Health Records ◽  
Healthcare Providers ◽  
Financial Assets ◽  
Healthcare Organizations ◽  
Health Records ◽  
Record Keeping ◽  
Proposed Model ◽  
Legal Model ◽  
Electronic Health

Summary Objectives: This paper pursues the challenge of sustaining lifetime electronic health records (EHRs) based on a comprehensive socio-economic-medico-legal model. The notion of a lifetime EHR extends the emerging concept of a longitudinal and cross-institutional EHR and is invaluable information for increasing patient safety and quality of care. Methods: The challenge is how to compile and sustain a coherent EHR across the lifetime of an individual. Several existing and hypothetical models are described, analyzed and compared in an attempt to suggest a preferred approach. Results: The vision is that lifetime EHRs should be sustained by new players in the healthcare arena, who will function as independent health record banks (IHRBs). Multiple competing IHRBs would be established and regulated following preemptive legislation. They should be neither owned by healthcare providers nor by health insurer/payers or government agencies. The new legislation should also stipulate that the records located in these banks be considered the medico-legal copies of an individual’s records, and that healthcare providers no longer serve as the legal record keepers. Conclusions: The proposed model is not centered on any of the current players in the field; instead, it is focussed on the objective service of sustaining individual EHRs, much like financial banks maintain and manage financial assets. This revolutionary structure provides two main benefits: 1) Healthcare organizations will be able to cut the costs of long-term record keeping, and 2) healthcare providers will be able to provide better care based on the availability of a lifelong EHR of their new patients.

scholarly journals A International standards and rules for interaction between public authori-ties during the Covid-19 pandemic

2021 ◽  
Vol 7 (Extra-D) ◽  
pp. 480-490
Author(s):  
Tatyana Viktorovna Gololobova ◽  
Salavat Khamitovich Sarmanaev ◽  
Sergey Zenin ◽  
Aleksey Yuryevich Shirokov ◽  
Georgiy Nikolaevich Suvorov
Keyword(s):  
International Standards ◽  
World Health ◽  
Federal State ◽  
Public Authorities ◽  
The Core ◽  
Special Scientific ◽  
Legal Model ◽  
The Usa ◽  
Health Organization ◽  
Rules And Standards

The study aims at identifying the core rules and standards for forming a legal model of inter-action between levels of public authority in a federal state during a pandemic. The authors have considered documents that regulate the process of interaction between public authorities during the coronavirus pandemic, as well as the doctrinal sources of law in Belgium, Germany, Canada, the USA, Switzerland, and Australia. In addition, they have analyzed the acts of the World Health Organization adopted during the COVID-19 epidemic and containing recom-mendations on the interaction of public authorities during a pandemic. The research methods were as follows: general philosophical, general and special scientific (structural-legal, compara-tive-legal, and formal-legal The authors have concluded that it is possible to introduce separate rules and standards for such interaction of public authorities during the period of a pandemic into the Russian legal system.

scholarly journals From the European Health Community to the European Health Union: The Project of the Supranational Health and Research Organization of the European Countries and its Historical Destiny

Lex Russica ◽  
2021 ◽  
pp. 138-153
Author(s):  
A. O. Chetverikov
Keyword(s):  
Legal Regulation ◽  
European Countries ◽  
Eurasian Economic Union ◽  
Health Community ◽  
Legal Nature ◽  
Legal Model ◽  
European Health ◽  
The Creation ◽  
Research And Education ◽  
The Impact

The paper examines the little-known pages of the legal regulation of international integration in Europe: the project of the creation in the middle of the 20th century of the European Health Community (EHC) and its relationship to the current project for the establishment of the European Health Union. The introduction examines the reasons for the ineffective response of the modern European Union (EU) to the global coronavirus pandemic, mainly due to the lack of European institutions, in contrast to the economy and a number of other spheres of public life, supranational powers in the field of health.The first section analyzes the main provisions of the draft EHC presented by the French Government in 1952 and became the subject of an international "preparatory conference" with the participation of 16 European countries at the end of the same year. The author gives special attention to the legal consolidation in the EHC draft founding treaty of "sanitary activities" (prevention and counteraction of various types of diseases); "cultural provisions" dedicated to the collection of information, the development of scientific research and education in the field of health; provisions on the creation of a common therapeutic and research infrastructure of the EHC; the political and legal nature of the EHC as a supranational organization with restrictions in its favor of the sovereign rights of the participating states.The second section describes and evaluates the domestic, foreign, and economic factors that prevented the creation of the EHC.The final section examines the impact of the EHC on the law-making and law-enforcement activities of the modern EU, and compares the legal model of the EHC with the model of the European Health Union, which was established in the end of 2020. There are also proposals for using the experience of European integration in the field of healthcare for the development of integration processes in a similar field between Russia and other former Soviet republics, including the creation of common medical and research centers under the auspices of the Union State of Russia and Belarus and (or) the Eurasian Economic Union, equipped with mega-science facilities (synchrotrons, etc.), other advanced infrastructure of scientific theoretical and scientific applied nature.

scholarly journals Challenges of Compensation and Reparation for Loss and Damage Related to the Adverse Effects of Climate Change

2020 ◽  
Vol 13 (1) ◽  
pp. 183
Author(s):  
Jorge Gabriel Arévalo García
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Adverse Effects ◽  
Financial Burden ◽  
Causal Link ◽  
Vulnerable Groups ◽  
Mitigation And Adaptation ◽  
Loss And Damage ◽  
Legal Model ◽  
Adaptation Policies

Anthropogenic climate change has and will have unavoidable adverse effects despite mitigation and adaptation policies. Therefore, the financial burden of the costs of loss and damage must be distributed fairly and proportionally. This implies that those responsible for climate change must take responsibility and compensate those who suffer losses and, if possible, repair the damages related to this phenomenon. However, climate justice has been limited by the lack of a causal link between a specific climate change effect and specific damages or losses. Accordingly, this article discusses the compensation and reparation of losses and damages related to the adverse effects of climate change, as a stream applicable after mitigation and adaptation policies. In addition, this article reviews the implications of the relevant findings that established the existence and development of climate change as a problem that affects the enjoyment of human rights, to argue how the theory of human rights can contribute to the current legal model for reparation and compensation for losses and damages associated with climate change. Also, due to the impossibility of obtaining a legally binding agreement as a structure for integration, and to adequately address the problem of causes, consequences, benefits and burdens, vulnerable groups ought to be the most affected.

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