Prospects for the Development of Judicial Protection and Legal Regulation of the Provision of Radionuclide Diagnostics and Therapy for Vulnerable Groups of Citizens (Victims of Crime, Disabled People, Pensioners)

2021 ◽  
Vol 65 (6) ◽  
pp. 73-75
Author(s):  
Sergey Andrusenko ◽  
R. Novikova ◽  
Alexey Ansheles
Keyword(s):  
Legal Protection ◽  
Legal Regulation ◽  
Vulnerable Groups ◽  
High Tech ◽  
Disabled People ◽  
Protection Measures ◽  
Medical Institutions ◽  
Radionuclide Diagnostics ◽  
Judicial Protection ◽  
Diagnostics And Therapy

In Russia there is currently a great need for high-tech methods of radionuclide diagnostics and therapy. However, given the relatively small number of medical institutions that carry out radionuclide diagnostic and therapeutic methods, the provision of this type of medical care to vulnerable groups of citizens is of particular relevance. The absence of appropriate judicial and legal protection measures in case of failure to provide this type of high-tech assistance is a legislative gap.

Legal protection of vulnerable groups of population: practice of the European Court of Human Rights

2021 ◽  
Vol 39 (68) ◽  
pp. 136-152
Author(s):  
Liliia Matvieieva ◽  
Polina Baltadzhy ◽  
Iuliia Shmalenko ◽  
Natalia Yeftieni ◽  
Olga Ivanchenko
Keyword(s):  
Human Rights ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Vulnerable Groups ◽  
General Situation ◽  
Important Indicator ◽  
Human Rights Protection ◽  
Rights Protection ◽  
European Court

The relevance of the problem under study is due to the need to monitoring the general situation to respect to human rights. The establishment, provision and realization of human rights is an important indicator in a state, which indicates its democracy, sociality, as well as the fact that such a state is legal. Purpose of the article in the study the issues of legal protection of vulnerable categories of population in the context of formation of active human rights policy of state aimed at increasing the capacity of socially vulnerable groups and reducing the risks of growing social tensions in society. The leading method for studying this problem is the legal sociological method, which allows us to study the effectiveness of state and legal regulation of human rights protection. The article presents an analysis of the results of the European experience in combating intolerance and discrimination. Its types main determined have been. Highlighted the criteria by which discrimination is prohibited. The legal system of human rights protection mechanisms is analyzed. The article presents scientific categories: discrimination, hate crimes, vulnerable groups. The practical significance lies in the development of proposals for improving domestic legislation.

RULES OF INTERNATIONAL LAW REGARDING APPLICATION OF THE RESULTS OF SCIENTIFIC RESEARCHES IN THE FIELD OF BIOTECHNOLOGY (ON THE EXAMPLE OF THERAPEUTIC AND REPRODUCTIVE CLONING AND HUMAN GENE EDITING) AND THEIR PATENT PROTECTION

2020 ◽  
Vol 10 (3) ◽  
pp. 199-209
Author(s):  
MARYAM AKHMADOVA ◽  
Keyword(s):  
International Law ◽  
Patent Protection ◽  
Clinical Medicine ◽  
Scientific Information ◽  
Scientific Research ◽  
Legal Protection ◽  
Legal Regulation ◽  
Hereditary Diseases ◽  
Practical Significance ◽  
High Tech

The article is aimed at highlighting a number of issues in the field of legal regulation of innovative medical technologies based on interference in the human genome and cloning (therapeutic and reproductive) in the context of international law (conventions, declarations, bilateral agreements). In this format, the author examined some international acts that created the legal paradigm for regulating scientific research in the field of study, determining the limits of the admissibility of the implementation of the indicated achievements of modern science in clinical medicine, which are designed to be an effective tool in the fight against severe hereditary diseases, etc., which potentially predetermines their demand. The focus of the author’s attention is on the patentability of these biotechnologies. The relevance of such a study is due to the range of issues addressed, since in the absence of proper regulatory regulation of the studied sphere of public relations, domestic high-tech medicine will be forced to engage in “catch-up” development. In the study, such methods of scientific knowledge were used as general scientific dialectics, formal logic and comparative legal methods. At the same time, the author proceeds from both subjective and objective presetting of processes and phenomena, and their interconnection. The novelty of the study is determined by its purpose, subject and range of sources considered. Thus, the author explores the provisions of both normative acts and documents (acts of so-called “soft law”), emphasizing the peculiarities of their legal nature. In this format, the author comes the conclusion that the system of international principles and standards, formed by the considered acts and documents, does not contain explicit permission to carry out scientific research in the biotechnology field with the subsequent commercialization of its results, which can be patented as inventions, that leads to the need to create national legal frameworks by modern states wishing to advance in this field that will result in a mosaic legal map of the world. Where innovative biotechnologies will be spread in the countries -“scientific offshores” providing loyal to these kinds of scientific researches legislation. The theoretical and practical significance of the results is determined by the fact that Russian readers will be provided with up-to-date scientific information on the state of international law in the field under study, which in practical terms will contribute to the awareness of the sufficiency (or insufficiency) of the developed international legal mechanism for regulating the sphere of biotechnology, including positions of patent and legal protection of a number of“breakthrough” biotechnologies of applied nature, and will also help to establish the unification level of domestic legislation with the approaches laid down in the studied international acts and documents.

THE RIGHTS OF THE ENTREPRENEUR UNDER AUDIT TO USE PROTECTION MEASURES BEFORE AN ADMINISTRATIVE COURT

2020 ◽  
Vol 1 (XX) ◽  
pp. 227-243
Author(s):  
Ewa Śladkowska
Keyword(s):  
Economic Activity ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Order ◽  
Protection Measures ◽  
Legal Provisions ◽  
Legal Remedies ◽  
Special Means ◽  
Constitutional Tribunal ◽  
Individual Actions

The article presents the institution of appeal which is a special means of legal protection vested in the entrepreneur during the control of economic activity conducted against him. This measure was introduced into the Polish legal order on 7 March 2009. It enables the entrepreneur to appeal to a higher authority specifically indicated in the legal provisions of individual actions taken and performed by the inspection authority during the inspection. This extremely important legal regulation guaranteeing the protection of entrepreneurs’ rights is extremely complicated and gives rise to serious legal discussions in the literature and jurisprudence of administrative courts, it has also been analyzed by the Constitutional Tribunal. The article presents the main elements of the institution, focusing on legal remedies that an entrepreneur can use before an administrative court. These include a complaint about the decision upholding the decision of the first instance authority on continuing the inspection activities and a complaint about the protracted conduct of the inspection.

Organizational and legal problems of pension provision for employees of the penal correction system

2019 ◽  
pp. 152-165
Author(s):  
Павел Васильевич Голодов
Keyword(s):  
Legal Protection ◽  
Medical Personnel ◽  
Legal Regulation ◽  
Service Improvement ◽  
Disabled People ◽  
Length Of Service ◽  
Public Servant ◽  
Military Trauma ◽  
Part Time ◽  
Correction System

В статье представлен научный анализ отдельных проблем правового регулирования пенсионного обеспечения лиц, проходивших службу в учреждениях и органах уголовно-исполнительной системы; сформулированы предложения по совершенствованию законодательства и правоприменительной деятельности, направленные на повышение уровня социальной и правовой защиты сотрудников Федеральной службы исполнения наказаний. В исследовании использованы методы анкетного опроса, теоретического анализа научной литературы и системно-структурного анализа нормативных правовых актов. Предлагается установление единых подходов к назначению пенсии государственным служащим с учетом специфики вида государственной службы; осуществление регламентации вопросов пенсионного обеспечения сотрудников уголовно-исполнительной системы на законодательном уровне в рамках специального закона, исключение дублирования правовых норм в иных законодательных актах; частичный отказ от «карьерного» подхода к назначению пенсии; обеспечение большей дифференциации коэффициентов льготного зачета выслуги лет; совершенствование правовой регламентации льготного зачета выслуги лет при назначении пенсии медицинскому персоналу исправительных учреждений для пожизненно осужденных, сотрудникам, находящимся в отпуске по уходу за ребенком и проходящим службу на условиях неполного рабочего времени; установление пенсии как инвалидам вследствие военной травмы сотрудникам, ставшим инвалидами вследствие серьезных вирусных и инфекционных заболеваний; пересмотр минимального размера пенсии за выслугу лет; отмена понижающего коэффициента к размеру денежного довольствия, учитываемого при исчислении пенсии; пересмотр размеров надбавки за выслугу лет и предельного размера пенсии за выслугу лет; правовое закрепление порядка межведомственного взаимодействия пенсионных служб уголовно-исполнительной системы. The article presents a scientific analysis of some problems of legal regulation of pension provision for persons who served in institutions and bodies of the penal system; proposals are formulated to improve legislation and law enforcement activities aimed at raising the level of social and legal protection for employees of the Federal Penal Service. The study used the methods of the questionnaire survey, the theoretical analysis of scientific literature and the system-structural analysis of regulatory legal acts. Establishment of uniform approaches to award of pension by the public servant taking into account specifics of a type of public service is offered; implementation of a regulation of questions of provision of pensions of staff of penal correction system at the legislative level within the special law, an exception of duplication of precepts of law in other acts; partial refusal of “career” approach to award of pension; ensuring bigger differentiation of coefficients of preferential offset of a length of service; improvement of a legal regulation of preferential offset of a length of service at award of pension to medical personnel of correctional facilities for for life convicts, to the employees who are on a child care leave and serving on the terms of part-time; establishment of pension as to disabled people owing to a military trauma to the employees who became disabled people owing to serious viral and infectious diseases; revision of the minimum amount of a long-service pension; cancellation of decreasing coefficient to the size of the monetary allowance considered at calculation of pension; revision of the sizes of a long-service bonus and extreme amount of a long-service pension; legal fixing of an order of interdepartmental interaction of pension services of penal correction system.

scholarly journals Peculiarities of protection of private rights by non-jurisdiction methods of settlement of legal disputes (conflicts)

2021 ◽  
pp. 23-29
Author(s):  
Iryna YEFREMOVA
Keyword(s):  
Civil Rights ◽  
Property Rights ◽  
Legal Protection ◽  
Legal Regulation ◽  
Alternative Methods ◽  
Legal Relationship ◽  
Private Rights ◽  
The Law ◽  
The Right ◽  
Judicial Protection

Introduction. Adoption of new laws of civil and substantive law, the novelty of legal relations governed by the rules of these laws, the complexity of civil conflicts arising from these legal relations, require a high level of legal protection, compliance with the rule of law by all members of society. Only the law allows interested parties to choose the form of protection. This form can be traditional – jurisdictional (provides for the establishment of a body and procedure for the protection of violated rights), and non-jurisdictional (but certainly allowed by law), which may resort to interested parties. obstacle to the exercise of the right. Resolution of legal conflicts is possible not only through a jurisdictional form of protection. A non-jurisdictional form of protection of civil rights is the independent protection of a person of his violated rights. That is, the person does not apply to the competent state authorities. In fact, it is the commission of actual actions aimed at protecting and securing their personal property and other non-property rights. The purpose of the paper is a thorough study of models of non-jurisdictional protection of property rights in the system of protection of civil rights by analyzing the theoretical and practical aspects of using alternative methods of protection of private rights in general and mediation. Result. It is determined that the non-jurisdictional form of protection of civil rights is the actions of citizens and organizations aimed at protecting their own civil rights, freedoms, and legally protected interests. It is noted that these actions are carried out and implemented by eligible entities independently, without seeking legal assistance from government agencies and structures, as well as officials. It is determined that the mechanism of legal protection is implemented in non-jurisdictional ways in the field of legal regulation when it is necessary to overcome and eliminate obstacles that arise in the exercise of rights and legitimate interests of the subject of law, in other words – to quickly protect (ensure) legal status. It is determined that in international practice, namely in European countries, the basis of non-jurisdictional protection of property rights is mainly in the use of negotiation and mediation procedures. Non-jurisdictional form, which is usually local in nature, is achieved as a result of actual actions, occurs not in jurisdictional or procedural forms, but within the protected substantive legal relations, which are the subjects of such legal relations (usually imply The main difference between jurisdictional and non-jurisdictional forms of protection of rights is that the protection of rights in jurisdictional form is carried out by the competent state and public authorities with each of them a certain procedural order of activity, while protection in a non-jurisdictional form takes place within the framework of a substantive legal relationship and is carried out by the parties themselves in the legal relationship. Conclusion. The study proves that in Ukraine, priority should be given to the development of various forms of out-of-court dispute resolution. The basis for this should be the legislative consolidation of out-of-court settlement of civil disputes as one of the basic principles of protection of violated private rights (of course, without revoking or replacing the right to judicial protection). Non-jurisdictional methods of protection of private rights are defined in the legislation of Ukraine and can be used due to the dispositive nature of the civil law method of regulation. However, this is insufficient, as participants in civil legal relations in case of violation of their rights are primarily confronted in the law with a defined right to judicial protection of violated rights, and often consider the court as the only possible form of protection.

scholarly journals The history of the development of civil procedural law of Ukraine on judicial protection of the property legal right to land

2021 ◽  
pp. 147-155
Author(s):  
Andrii Shabalin
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Rights ◽  
Independent State ◽  
Judicial Procedure ◽  
Judicial Protection ◽  
Legal Right

Keywords: civil procedural protection, court, violation of private property rights toland, civil procedure The article is devoted to the study of the historical and legal aspects of the judicial procedure for theprotection of property rights to land in Ukrainian legislation. The author investigates themain stages of legal protection of property legal rights to land, in each historical periodits own characteristics of the aforementioned procedure for the protection of the correspondingproperty right are determined. Considerable attention is paid to the issues ofthe peculiarities of legal regulation and judicial procedure for the protection of propertylegal rights to land. In this scientific article, the author pays considerable attention to thedevelopment of judicial protection of legal property rights to land in the historical periodof the emergence of the independent state of Ukraine (1917−1918 yy). The author of thearticle writes that during this period the legal right to land received significant development:the land plot could be inherited, the right to rent the land could also be inherited.The procedure for the judicial protection of the legal right to land had no legal peculiarities.The author describes that during the Soviet period of Ukraine's existence, there was no legal property right to land. Only the state could have legal property rights to land.This means that the courts did not protect the private property legal right to land. Onlywhen Ukraine became an independent state did a private property legal right to landemerge. During this historical period, a significant number of legal instruments for theprotection of proprietary legal rights to land appeared in the legislation of independentUkraine. The property legal right to land was protected by the court. It is the judicialprotection of the property legal right to land that is democratic and meets the Europeandemocratic standards for the protection of property rights. The modern features of thegenesis of legal protection of property legal rights to land, which are protected by thecourt in the civil procedure of Ukraine, have been investigated. The author has createdand described new stages in the development of civil procedural protection of legal propertyrights to land.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

Medico-Social Examination: the Modern Aspects of Legal Regulation

10.12737/5942 ◽  
2014 ◽  
Vol 8 (1) ◽  
pp. 1-6
Author(s):  
Разиньков ◽  
D. Razinkov ◽  
Михайлов ◽  
I. Mikhaylov ◽  
Михайлова ◽  
...  
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Government Support ◽  
Sociological Research ◽  
Constitutional Rights ◽  
Disabled People ◽  
Government Programs ◽  
Social Sphere ◽  
Traditional Classification

In article the legislative base, which is the foundation of functioning of the state system of medical-social examination, is considered and analyzed. The questions of legal regulation of the state activity in the sphere of social policy concerning disabled people are discussed. The methods of sociological research and logical analysis of literature and official normatively-legal papers, being the basis of activity of the system of medico-social examination and sphere of giving to the invalids the equal with other citizens possibilities in realization of constitutional rights and freedoms, public welfare and establishment, are applied to the invalids as the measures of government support. In conclusions the emphasis is placed on need of carrying out radical restructurings for system of medico-social examination. It is offered to modify the existing classification of indexes of health and indexes, related to the health taking into account the socio-economic, climatic and other features; to strength the control of execution of government programs in the medico-social sphere; to modify the traditional classification of groups of disability; to change a way of features accounting of disabled people with various functional violations proceeding from a complex assessment of dysfunction of the neuro-physiological and psycho-physiological statuses; to use the innovative technologies of diagnostics, treatment, rehabilitation in correction of the functional violations with taking in mind not only the nosologic group of disease, but by an individual approach.

Legal aspects of the brand protection in Ukraine and world

2020 ◽  
pp. 133-143
Author(s):  
Ivanna Babetska
Keyword(s):  
Public Relations ◽  
Practical Importance ◽  
Legal Protection ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Scientific Article ◽  
Protection Mechanism ◽  
Brand Protection ◽  
Wide Range ◽  
International Regulations

Purpose. The purpose of the scientific article is to establish the ratio of the meanings of the concepts "trademark", "brand" and "well-known" trademark and then to characterize their common and distinctive features. Indicate the gaps in current legislation and the need to refine certain rules in this aspect to determine the aspects of protection and protection of the brand. Methodology. The methodology includes a comprehensive analysis and generalization of the available scientific and theoretical material and the formulation of appropriate conclusions and recommendations. During the research, the following methods of scientific knowledge were used: terminological, dialectical, logical-semantic, logical-normative, system-structural. Results: in the course of the conducted study, the main and optional components of the brand are determined, which make it possible to determine the features of its legal protection. It has been proved that despite a fairly wide range of domestic and international regulations, there are certain shortcomings of the brand protection mechanism. Originality. The study found that a trademark differs from a brand in that a trademark is a designation that is only the basis of the brand, as for the trademark are not essential such properties of the designation as a certain level of information among consumers and quality as a basis. gaining a reputation; the concept of "brand" is an evaluative, conditional concept, and therefore its consolidation at the regulatory level is impractical. It is sufficient to establish the factors on the basis of which the trademark can be considered "well known". A "well-known" trademark is a designation that is familiar to a wide range of consumers through its use to designate certain goods. Practical importance. The results of the study can be used in law-making activities for the purpose of legal regulation of public relations in the sphere of legal protection of the brand.

Dispositive Model of Active Legal Capacity of People with Mental Disabilities in France and Quebec in the Context of the Russian Civil Code Reform (Part II)

2021 ◽  
pp. 80-87
Author(s):  
Terdi E. S. ◽  
◽  
Skrynnik I. K. ◽  
Keyword(s):  
Mental Disorder ◽  
Legal Protection ◽  
Legal Regulation ◽  
Civil Code ◽  
Point Of View ◽  
Legal Capacity ◽  
Persons With Disabilities ◽  
Legal Norms ◽  
Leading Role ◽  
Legal Method

The article is devoted to the problem of the inconsistency of the Russian imperative model of active legal capacity, according to which the content of active legal capacity in case of its restriction due to mental disability of a person is prescribed by the law, to the Convention on the Rights of Persons with Disabilities ratified by Russia in 2012. The purpose of the paper is to demonstrate the shortcomings of the imperative model, the main of which is the lack of authority of the Russian court to individually determine the consequences of restriction of active legal capacity of a person due to mental disorder, taking in account degree of actual decrease of his cognitive and volitional abilities. This purpose is achieved by the consistent implementation of the following tasks. First of all, characteristic of the Russian imperative model of active legal capacity is given. Secondly, the French dispositive model of legal capacity is described. In this model the forms of legal protection, but not the categories of active legal capacity, incapacitation and restricted active legal capacity are the backbone concepts for the legal regulation of this group of relationship. It is noted that under the influence of the Convention on the Rights of Persons with Disabilities the more progressive, from the point of view of international law, forms of this model are stipulated in many foreign countries. Thirdly, the evolved form of the French dispositive model of active legal capacity, implemented in the Bill 18 «An Act to amend the Civil Code, the Code of Civil Procedure, the Public Curator Act and various provisions as regards the protection of persons», that was adopted by the National Assembly of Quebec in 2 June 2020, is analyzed. The main advantage of the latter is that the court, establishing the form of protection, is not bound by the legal norms that imperatively determine the content of active legal capacity of a person with mental disorder. The court is able, based on the cognitive and volitional abilities of particular person, to individually determine which acts person can perform by himself, alone or with the assistance of the tutor, and which one can be performed by the tutor only. The objectives of the study determine the leading role of the comparative legal method in its implementation. The provided research makes possible to assess the perspectives of borrowing of French or Quebec dispositive models of active legal capacity of people with mental disorder by the Russian legislator.

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