scholarly journals Boundaries of the Private Space (Privacy) of an Educator and the Working Space of the Educational Organization (A Legal Aspect)

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 33-43
Author(s):  
M. N. Maleina

The paper proposes to use the expression ‘personal space’ to refer to the concept of ‘private’ during the period of professional activity. A personal space refers to the space personal in content and parameters, surrounding an individual and including personal connections and communications of the individual used for personal purposes and distinguished from the field of labor and other public relations within which the person independently determines the mode of his or her behavior and other people’s behavior for comfortable autonomous existence (including establishing contact with some persons and preventing interference of other persons, objects, natural phenomena).The personal space can be described as part of private life. Accordingly, the right to the personal space is part of the legitimate right to secrecy and privacy. The legal assessment of intrusion into an employee’s personal space depends on the type and scope of the employer’s actions, the type of technical means, the affiliation of the technical means to the employee or employer, the type of processed information (data), the order of a local regulatory act adoption. The boundaries of an employee’s personal space are defined as the balance between the employee’s interest in secrecy and privacy and the employer’s interest in achieving the quality and efficiency of the labor force activities, security of workers, property and information. The paper substantiates the need to include in local acts of educational organizations a ban for educators during their training sessions to use a mobile phone, as well as to leave the phone in the mode of receiving audio incoming signals. Restrictions to take selfies in the workplace during the periods free from training sessions are formulated. It is substantiated that in order to respect privacy it is advisable to stipulate in the law the possibility for the educator to refuse to permit his or her personal data processing by the educational organization not relevant to the work and objectives set out in the Labor Code of the Russian Federation without negative consequences for the employee. 

Author(s):  
Yanis Arturovich Sekste ◽  
Anna Sergeevna Markevich

The subject of this research is the problems emerging in the process of establishment and development of the Institution of personal data protection in the Russian Federation. Special attention is turned to the comparison of Soviet and Western models of protection of private life and personal data. The authors used interdisciplinary approach, as comprehensive and coherent understanding of socio-legal institution of personal data protection in the Russian Federation is only possible in inseparable connection with examination of peculiarities of the key historical stages in legal regulation of private life of the citizen. After dissolution of the Soviet political and legal system, the primary task of Russian law consisted in development and legal formalization of the institution of protection of human and civil rights and freedoms, first and foremost by means of restricting invasion of privacy by the state and enjoyment of personal freedom. It is concluded that the peculiarities of development of the new Russian political and legal model significantly impacted the formation of the institution of personal data protection in the Russian Federation. The authors believe that the Russian legislator and competent government branches are not always capable to manage the entire information flow of personal data; therefore, one of the priority tasks in modern Russian society is the permanent analysis and constant monitoring of the development of information technologies.


Lex Russica ◽  
2019 ◽  
pp. 121-128 ◽  
Author(s):  
M. N. Maleina

The use of modern genomic technologies, along with the benefits to the man and society, can lead to negative consequences. Such risks exist both in the process and after the production, isolation, modification, storage of DNA. Prior to detailed legislative regulation of relations regarding the use of genomic technologies for medicinal purposes and not for medical reasons, legal principles become vital.The paper formulates the following basic legal principles of genomic technologies application: the principle of preventive actions of the state to protect citizens from the risks of using genomic technologies; the principle of preserving the human genome as a special species; the principle of guaranteeing the inviolability of the individual of every citizen when using genomic technologies; the principle of priority of life and health of citizens over the interests of science and society; the principle of equality of citizens regardless of genetic characteristics; the principle of protection of genetic information of every citizen as part of personal data; the principle of guaranteeing access to the citizen’s own genetic information. Legal principles can be used to resolve a dispute by analogy of law.


2021 ◽  
Vol 109 ◽  
pp. 01031
Author(s):  
Tatiana Rogozhnikova ◽  
Elvina Salikhova

The authors consider the problematic field of conflictogenic media space in a linguistic-legal aspect. The goal of the article is to present the individual results of linguistic and psycholinguistic studies of polycode controversial texts. In expert practice the authors actively employ the emotional-lexical assessment of verbal and non-verbal models, the assessment of the rhythmic brain activity during the perception of the entire text, the assessment of the rhythmic coherence in the perception of individual parts of the text and their comparison, the technique for recognizing the hidden motives of the object behavior in the process of its professional activity, analysis of the individual coefficients of the text impact on the individual and mass consciousness and subconsciousness. Conflict genes are demonstrated and described in this work. These are the minimum significant units of the component of the conflictogenic media space. The specific character of the polycode text, the texture of which consists of verbal and non-verbal parts, is demonstrated. The quantitative and qualitative results of the research performed are determined by the potential of classical linguistics and related branches of knowledge for solving polycode text problems using the developed software products in the field of psycholinguistic investigations.


Author(s):  
I. A. Pavlenko ◽  
O. V. Ivaniushko

Introduction. In the system of higher education, at the postgraduate level of specialist training, the formation of a doctor as a highly qualified specialist is possible only with the formed motivational and value attitude in his professional development. One of the current areas of research is to study the motivation of doctors, analysis of life values and needs underlying the work be have our, identify factors that motivate and demotivate, study their working conditions and search for motivational factors. The process of motivation includes the creation of readiness for action, the choice of direction (goals), means and methods of action, place and time of action, assessment of the probability of success, the formation of confidence in the correctness and necessity of action. The following factors take part in the process of motivation: needs, motives, worldview, peculiarities of character and self-positioning, physical and mental abilities, functional and emotional states, experiences, knowledge about the environment and forecast of its changes. Goal. Identify the main motivating factors that contributed to the choice of interns in the specialty «Anaesthesiology». Employees of the Department of Anesthesiology and Intensive Care FPDO LNMU named after Danil Galitsky conducted an anonymous survey of 72 interns who are trained in the specialty «Anesthesiology». In the questionnaires it was proposed to assess 12 motivational factors for doctors-interns to choose a specialty, which are grouped into 4 blocks. Results and discussion. Analyzing the results of the study, it can be argued that the popularity and prestige of the specialty «Anaesthesiology» is the leading motive for most interns. Motivational factors are a conscious internal motivation of the intern to actively choose a professional activity, and in fact, the results of our study show that most respondents have a high level of professional orientation, and motivational factors serve as an indicator of the intern’s willingness and willingness to work. The analysis of personal data showed that the motivation of the choice of respondents is focused on professional and medical values and motivation of the individual to carry out medical activities and the realisation of their own motives. Conclusions. The choice of interns in the specialty «Anaesthesiology» is due to a complex combination of different motivational factors, the formation of which is laid down during training at clinical departments. Most respondents have a high level of professional orientation, which will lead to further self-realisation in the chosen specialty.


2021 ◽  
Vol 284 ◽  
pp. 11015
Author(s):  
Svetlana Miroshnik ◽  
Tatyana Vlasova ◽  
Vera Duel ◽  
Svetlana Zgorgelskaya ◽  
Tatyana Lesovaya

The relevance of the topic of study is caused by the role and importance of the concept of sustainable development, the implementation of which allows creating a society, which, influenced by diverse internal and external factors, is capable of establishing a new equilibrium both within itself and in relation to the environment. The research object is public relations arising in the digitalization process. The purpose of the scientific research is to conduct systemic analysis of the impact of digitalization on sustainable development and the definition of the role of the law in the conditions of domination of constantly changing information and communication technologies. During the study, systemic, analytical, logical methods were used, as well as methods of interpretation of law, scientific forecasting, scientific intuition. It is concluded that the concept of sustainable development is aimed at creating an optimal, harmonious relationship of the needs, aspirations and interests of current and future generations on the basis of such fundamental principles of law as: equality, inadmissibility of abuse, prohibiting discrimination. The proposed characteristic made it possible to substantiate the diversity of the right to develop and subjective law. It has been proven that digitalization entails both positive and negative consequences. It is necessary to continue work on the international level of solutions, the implementation of which will allow achieving dynamic equilibrium.


2017 ◽  
Vol 11 (2) ◽  
pp. 185-214
Author(s):  
Adrienn Lukács

Nowadays social media have a growing importance in several areas of our lives. They are used for numerous objectives: self-expression, keeping in touch with acquaintances, communication or obtaining information about the latest events and news. During their use the individual shares a significant amount of personal data. This conduct can have serious implications for employment. The (prospective) employer is interested in the surveillance of these sites for several reasons, as he/she can easily gain insight into the individual’s private life and obtain, without costs, detailed information about him/her. The legal problem arising is that the employee’s fundamental rights – namely the right to privacy and the right to data protection – collide with the employer’s legitimate interests.The aim of the paper is to highlight the different rights and interests present on the two sides of the parties in the employment relationship; focusing on the employee’s right to data protection and on the employer’s legitimate interests in monitoring employees. As a result of the paper, I will draw attention to the legal problems lying behind social network background checks and monitoring. I will provide recommendations on how users and employers can continue using these sites while still preserving privacy.


2021 ◽  
pp. 85-90
Author(s):  
A.A. Kuznetsov ◽  

The paper substantiates the need to form the legal foundations of biometric authentication methods. The development of modern society is connected with the protection of information and information security. Biometric authentication methods are of interest as an innovative technology, the use of which should have an appropriate legal basis. The implementation of the necessary software must be regulated by separate provisions of copyright law. The use of biometric parameters of a person must also be subject to legal acts. The separation of the two concepts of authentication and identification in the legal aspect is justified. This is due to the fact that the possibility of access to both personal data of the individual and their financial assets is affected, since the main sphere of use of biometric parameters is the receipt of public and banking services. The regulatory legal acts that determine the possibility of using biometric authentication methods are considered. The paper draws practical conclusions about the need to distinguish an independent legal category of biometric personal data in the Russian legislation. To fix that the information about the subject of personal data will be attributed to biometric identification parameters if it is used for the purpose of establishing identity.


2019 ◽  
Vol 22 (2) ◽  
pp. 23-31
Author(s):  
Iryna Yevdokymova

The article is devoted to the analysis of professional and personnel risks in social work. From the end of the twentieth century in management theory personnel is the main resource of an organization and the determining factor of its success. Moreover, the issue of professional and personnel risks is becoming increasingly important in analyzing modern organizations. At the same time, social-oriented non-profit organizations engaged in social work do not pay much attention to analyzing and developing strategies to prevent professional and personnel risks compared to commercial organizations. Professional risks are risks that associated with a professional activity and that directly affect the personality; they are capable to change personal behavioral and emotional reactions to certain events. The professional risk of social work in the article refers to the risk of professional deformation, the risk of «burnout syndrome», the risk of «professional fatigue». Personnel risks are the negative consequences in functioning of an organization because of activity or inactivity of its personnel. For example, the most likely personnel risks in social work are the risks associated with the recruitment, selection and selection of personnel; personnel adaptation risks; motivation risks; risks of inefficient use of staff, etc. Consequently, to prevent professional and personnel risks in non-profit social-oriented organizations engaged in social work the article proposes the following: supporting for the employees initiative; exchanging of experience both inside and outside the organization; creating opportunities for career advancement and development; creating opportunities for changing activities; psychological training for employees; training activities to monitor and effectively allocate personal resources; corporate events and leisure activities. In practice, all these measures should be comprehensive and used at the individual, group and organizational levels, relate to professional and personal characteristics of employees of non-profit social-oriented organizations engaged in social work. Moreover, the head of a particular non-profit social-oriented organization engaged in social work must develop the unique strategy of professional and personnel risks management, taking into account its specific conditions.


2021 ◽  
Vol 2 (7/S) ◽  
pp. 58-67
Author(s):  
Evgeniya Yugay

This article considers problems of relationship of digital culture and society in the conditions of globalization. The author fully reveals the problems that are indicated in the Concept of the national strategy "Digital Uzbekistan 2030". The negative consequences that can be caused by digital transformation in the period of globalization are also indicated. The problem of the disappearance of traditional labor markets is touched upon, which causes major socio-economic shifts, including in the sphere of labor relations, while the type of professional activity and the nature of labor itself are changing. In the digital economy, the very process of recruiting is changing, i.e. there is a replacement of professions with machines.Digital culture is a world based on computers operating on the principle of digital binary coding. Its origins are the result of a long history of automation. The Republic of Uzbekistan is represented in many foreign and international indices and studies that indirectly assess the level of the country's readiness for digital transformation. And here the author raises the issue of cybercrime, where the problems of vulnerability of human rights and the protection of his personal data are highlighted. Thus, the study of the impact of digital communications on culture and society is associated with the presence and need to solve a number of emerging problems, where our state pays special attention to determining the goals, objectives and measures for the implementation of the domestic and foreign policy of the Republic of Uzbekistan in the field of application of information and communication technologies.


1970 ◽  
Vol 8 (1) ◽  
pp. 221-226
Author(s):  
Олена Горова

Професійне   становлення   особистості   супроводжує   всі   етапи  соціально-вікового   розвитку  особистості.  Трудова  діяльність  є  основним  видом  суспільної  активності,  який  дозволяє  працівнику  задовольняти  основні  потреби,  особливо  у  процесі  постійних  соціальних,  освітніх  реформ.  Важливим  завданням психологічного супроводу працівника у процесі виконання професійної діяльності є забезпечення  сприятливих  умов  формування  професійно  важливих  якостей.  Соціальна  успішність  є  результатом  ефективного  розв’язання  виробничих  завдань, які  мають  суспільно корисну  важливість  та  пов’язані  з  потребами інших людей. Якісний прогресивний розвиток працівника можливий лише за умови збереження  стійкого  позитивного  ставлення  до  професії.  Позитивна  професійна  самоідентифікація  пов’язана  з  ототожненням  та  персоналізацією  працівником  особистісних  рис  працівників,  які  досягли  успіху  у  професії,  мають  суспільно  визнані  результати  діяльності.  Таким  чином,  професійна  успішність  як  суб’єктне  новоутворення  у  якості  відчуття  гордості  за  власні  результати  діяльності  забезпечує  реалізацію традиції наставництва і  передачі позитивного професійного досвіду.    Професійно  успішний  працівник  усвідомлює  необхідність  та  важливість  результатів  своєї  діяльності  для  інших,  що  вимагає,  відповідно,  від  соціального  середовища  усвідомлення  необхідності  визнання  результатів  діяльності  фахівців.  Знехтуваний  суспільством  працівник,  або  той,  результати  діяльності  якого  позиціонуються  як  меншовартісні,  дистанціюється  від  професії  та  має  негативний  потенціал розвитку. Professional formation of the person accompanies all phases of social and age of the individual. Gainful  employment is the main form of social activity that allows the employee to realize the basic needs. An important task  of psychological support worker in the course of professional activity is to provide favorable conditions for the  formation  of  professionally  important  qualities.  Professional  success  is  the  result  of  an  effective  solution  of  industrial jobs that are socially useful and important related to the needs of others. High-quality progressive  development of an employee is only possible while maintaining a stable positive attitude towards the profession.  Positive  professional  identity  associated  with  the  identification  and  personalization  of  employee  personality traits of employees who have been successful in the profession, who have publicly acknowledged  performance. Thus professional success as the subjective feeling of a lump in the pride of their own results of  operations  ensures  the  implementation  of  the  tradition  of  mentoring  and  of  positive  transfer  of  professional  experience.  Professionally successful employees aware of the need and the importance of the results of its operations  for the other, which requires, respectively, from the social environment - awareness of the need to recognize the  performance of specialists. Unclaimed society worker, or the results of operations, which are positioned as less  important, is moving away from the profession and has a negative potential. 


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