scholarly journals Legal Classification of Defects in Medical Care

2021 ◽  
Vol 16 (5) ◽  
pp. 123-138
Author(s):  
E. O. Danilov
Keyword(s):  
Medical Care ◽  
Criminal Liability ◽  
Legal Regulation ◽  
General Term ◽  
Legal Responsibility ◽  
Conceptual Approach ◽  
Legal Nature ◽  
Defects Classification ◽  
Legal Classification

The paper studies the legal nature of defects in medical care and defines criteria for their legal classification. A retrospective analysis of the development of the institution of legal responsibility for improper medical treatment is carried out. The concept of a defect in medical care and related categories, their natural ontological characteristics and classifying legal features are investigated, doctrinal approaches to the legal assessment of defects in medical care are considered. It is noted that, despite the noticeable evolution that the question of the responsibility of doctors has undergone in the history of law, there is still no single approach to understanding the legal nature of defects in medical care in jurisprudence. In modern Russian legislation, as in the criminal laws of most foreign countries, there are no special standards for such defects classification. At the same time, in the interests of optimal legal regulation of relations in the field of medicine, today it is the legal definition and systematization of basic concepts and criteria for the legal classification of various medical incidents that matters and not the introduction into the law of special articles establishing criminal liability for improper provision of medical care. Thus, by combining all adverse events in medical practice under the general term "medical incidents", one can use the concept of "medical care defect" to distinguish incidents caused by inappropriate provision of medical services. The author proposes his own classification of defects in medical care dividing them into medical torts (offenses) and medical incidents (accidents and medical errors) based on the nature of the attitude of the subject of medical activity to their professional duties. A conceptual approach to the legal classification of medical care defects has been formulated.

scholarly journals Features of Inheritance of Cryptocurrency Assets

2021 ◽  
Vol 10 (1) ◽  
pp. 103-122
Author(s):  
Oleksandr Omelchuk ◽  
Inna Iliopol ◽  
Snizhanna Alina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
European Countries ◽  
Electronic Money ◽  
Applicable Law ◽  
Legal Nature ◽  
The World ◽  
Functional Features ◽  
Made In

The article analyzes the legal nature and specific of legal regulation of cryptocurrency in order to reveal the features of inheritance of cryptocurrency assets. The article aims to reveal whether it is possible to inherit cryptocurrency in terms of the existent legislation and if so, what kind of peculiarities of cryptocurrency should be considered. The financial and legal nature of cryptocurrency are described in the article. The main differences between cryptocurrency and traditional electronic money are revealed. The current legislation of Ukraine and some European countries on cryptocurrency legal status is analyzed. It is stated, that in most countries of the world, cryptocurrency is not considered to be money or currency, but rather a kind of property. It is noted, that while solving the issue of inclusion of cryptocurrency assets in the legacy, it is necessary to take into account the functional features of cryptocurrencies in general and the specifics of a particular type of cryptocurrency. Most of the benefits of cryptocurrencies for their owner (such as anonymous character) are obstacles to their inheritance according to the procedures provided by applicable law. The classification of the methods of inheritance of cryptocurrency assets is made in the article. The differences in the inheritance of cryptocurrency and tokens are revealed.

scholarly journals Draft Law on Criminal Misconduct given the German Experience of Legal Regulation

Lex Russica ◽  
2021 ◽  
pp. 133-141
Author(s):  
Ya. M. Ploshkina ◽  
L. V. Mayorova
Keyword(s):  
Criminal Liability ◽  
Criminal Procedure ◽  
Legal Regulation ◽  
Criminal Case ◽  
Criminal Prosecution ◽  
Criminal Offense ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The paper considers the second attempt made by the Supreme Court of the Russian Federation in terms of introducing the concept of criminal misconduct into the Russian criminal and criminal procedure legislation, examines the goals of its introduction. The authors conclude that the introduction of a criminal offense in the draft law No. 1112019-7 will entail the need to review some approaches in Russian law: the legal nature of the crime, the ratio of a criminal offense with a minor act and an administrative offense, the elements of a crime with administrative prejudice, the principle of justice. It seems possible to achieve procedural effectiveness, reduce the burden on judges and protect the rights of victims without introducing a criminal offense within the existing criminal and criminal procedural mechanisms related to exemption from criminal liability and expansion of non-rehabilitating grounds for termination of a criminal case or criminal prosecution. It seems possible to use the already established categorization of crimes in relation to crimes of small and medium gravity. In terms of expanding the grounds for terminating a criminal case or criminal prosecution, it is appropriate to use the experience of the German legislator, which provides for the possibility of terminating criminal prosecution on grounds of expediency when the accused fulfills various duties and regulations assigned to him. In German criminal procedure law, the termination of criminal prosecution on grounds of expediency when assigning duties or prescriptions to the accused is the right of the relevant officials and bodies, and not their obligation, since in fact it is an alternative to criminal prosecution. This will allow it to be terminated at a certain stage in the case when there are all legal grounds for criminal prosecution.

scholarly journals Sanctions as a legal phenomenon in the law of Ukraine and international standards of their application

2021 ◽  
pp. 73-86
Author(s):  
Nataliia Iakymchuk
Keyword(s):  
Legal Regulation ◽  
The State ◽  
International Standards ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Criminal Proceedings ◽  
Legal Nature ◽  
The Law ◽  
Restrictive Measures ◽  
Legal Entities

The article examines the theoretical and practical issues of application of the Law of Ukraine «On Sanctions» of August 14, 2014 and analyzes the existing views on the legal nature of such «legal phenomenon» as sanctions - special economic, financial and other restrictive measures (sanctions) provided by this Law. The article specifies the main issues facing the researchers of the Institute of Sanctions. The purpose of the article is coverage of the state of legal regulation and legal nature of such a phenomenon as sanctions (economic, financial) in the right to Ukraine. In order to achieve this goal, the author used a set of general and special methods that are characteristic of legal science. The article covers the issue of Ukraine's sovereign right to protection, in particular through the application of economic and other restrictive measures (sanctions) «to protect national interests, national security, sovereignty and territorial integrity of Ukraine, counter terrorist activity, as well as prevention of violations, restoration of violated rights and freedoms and legitimate interests of citizens of Ukraine, society and the state». The range of subjects against which sanctions can be applied has been studied, namely: a) foreign states; b) foreign legal entities; c) legal entities under the control of a foreign legal entity or a non-resident individual, foreigners, stateless persons; d) entities engaged in terrorist activities. Sanctions are defined as legal measures to respond immediately to violations of various rights, from encroachment on state sovereignty to the commission of a crime of an international nature, which are temporary, which are applied primarily through coercive measures, which are implemented using constitutional, financial, administrative, economic, criminal procedural, executive, economic procedural and other branches of law. The issues of the grounds for application of sanctions, their types and criteria for their delimitation, the term of application of sanctions, as well as the range of authorized entities in the field of their application are covered. The main approaches of scholars to the characterization of sanctions as measures of influence are investigated. It is noted that sanctions are measures of influence different from measures of legal responsibility, which may have a "non-criminal" nature. It is stated that sanctions are measures of influence that are applied, albeit in parallel, but in a systematic connection with the criminal prosecution imposed by the state or executed by it as a subject of international cooperation in the fight against crime. Their application is, firstly, due to the decision at the international or regional level on the application of international economic (financial) sanctions, personal sanctions in the course of criminal prosecution for acts of an international crime. However, Ukraine is obliged to adhere to international standards of the legal mechanism for the application of sanctions at the domestic level, to improve the procedural principles of their application, appeal procedures and amendments to the decision. We consider the participation of the Commissioner for Human Rights in the process of reviewing the decision on the application of sanctions and appealing the decisions necessary. Amendments to the Law of Ukraine "On Sanctions" are proposed in order to establish among the necessary grounds for the application of sanctions to individuals the opening of criminal proceedings against them, and for legal entities - the opening of criminal proceedings against related persons, as well as amendments to the Criminal Procedure Code of Ukraine, as it does not contain provisions on such preliminary measures (securing and stopping) as "sanctions". In addition, in general, the sanctions procedure requires greater transparency, and it is concluded that sanctions can be applied to Ukrainian citizens only if they are suspected of involvement in terrorist activities.

Actual problems in the activities of penal inspectorates: results of empirical research

2020 ◽  
Vol 14 (3) ◽  
pp. 373-381
Author(s):  
P.V. Golodov ◽  
Keyword(s):  
Empirical Research ◽  
Preventive Measures ◽  
Legal Regulation ◽  
Information Support ◽  
Legal Responsibility ◽  
Court Decisions ◽  
Existing Problems ◽  
Legal Nature ◽  
The Right ◽  
Organizational Problems

The article examines certain legal and organizational problems in the field of the execution of sentences and other measures of a criminal-legal without isolation of a convict from society, presents the results of a survey of employees of penal inspectorates of territorial bodies of the Federal Penal Service and outlines ways to solve existing problems. The study showed that the formation of a system for the execution of sentences without the isolation of a convicted person from society has not yet been completed. Improvement of criminal and penal legislation is required, a clearer legal regulation of the legal responsibility of convicts, further expansion of the range of powers and functions of penal inspectorates, overcoming difficulties in the organizational, personnel, financial and information support of their activities. The article points to the execution of a number of functions unusual for them by the penal inspectorates, the lack of legal regulation of the execution of certain preventive measures and measures of a criminal-legal nature, the procedure for determining the list of objects for convicts to serve sentences in the form of correctional labor and compulsory labor as well as the procedure ensuring the attendance of convicts at the hearing. The legislation does not provide for the initial measures to establish the whereabouts of convicts to punishment in the form of deprivation of the right to occupy certain positions or engage in certain activities, the issue of appealing directly by employees of penal inspectorates of court decisions on representations against convicts is not regulated.

scholarly journals Criminal Liability for Cryptocurrency Transactions: Global Experience

2021 ◽  
Vol 10 (4) ◽  
pp. 304
Author(s):  
Volodymyr Cherniei ◽  
Serhii Cherniavskyi ◽  
Viktoria Babanina ◽  
Оlena Tykho
Keyword(s):  
Criminal Liability ◽  
Legal Regulation ◽  
Significant Part ◽  
Government Agencies ◽  
Criminal Offenses ◽  
Legal Nature ◽  
The World

The article examines the features of criminal liability for transactions related to the circulation of cryptocurrencies. In order to determine the specifics of criminal violations in the field of cryptocurrency circulation, the legal nature of cryptocurrencies is studied. It is concluded that in order to properly qualify criminal offenses related to the circulation of cryptocurrencies, it is advisable to recognize cryptocurrencies as a type of property or money. The article analyzes the global approaches to the legal regulation of relations related to the circulation of cryptocurrencies. Based on the results of this analysis, it is concluded that relations regarding cryptocurrencies in most countries of the world are insufficiently regulated and are still outside of the legal field. This complicates, inter alia, the establishment of criminal liability for transactions involving the circulation of cryptocurrencies. A significant part of the article is devoted directly to the study of criminal liability for transactions involving the circulation of cryptocurrencies in different countries. The norms of the Criminal Codes, which establish liability for criminal violations in the field of cryptocurrency circulation, are analyzed. The measures that need to be implemented to ensure the control of government agencies over the circulation of cryptocurrencies and the security of all operations related to cryptocurrencies are identified.

scholarly journals On the issue of countering the spread of coronavirus disease (COVID-19) by means of administrative and criminal law

2021 ◽  
Vol 1 (15) ◽  
pp. 76-90
Author(s):  
Viacheslav Ivanovych Borysov ◽  
Daryna Petrivna Yevtieieva
Keyword(s):  
Human Rights ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Legal Responsibility ◽  
Main Task ◽  
Criminal Offense ◽  
European Court ◽  
Protection Of Human Rights ◽  
Legislative Changes

The study highlights the dynamics of legislative changes and the current state of legal regulation of administrative and criminal liability for violations of quarantine rules. The shortcomings of the relevant legislative provisions were revealed, in particular, a conclusion was made about the violation of the principle of system-legal coherence of administrative and criminal legislation. Thus, there are issues about the delimitation of the provisions of the administrative provided in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and criminal offenses provided in the Art. 325 of the Criminal Code (in terms of such consequences as the threat of harm, specified in the part 1 of the Article 325 of the Criminal Code of Ukraine). In addition, there is an excessive severity of sanctions in the Art. 44-3 of the Code of Ukraine on Administrative Offenses and their incompatibility with the sanctions of the Art. 325 of the Criminal Code of Ukraine. In the context of the settled case law of the European Court of Human Rights the fine under the part 1 of the Art. 443 of the Code of Administrative Offenses based on its size and subject to appointment may be recognized as corresponding to a criminal offense within the meaning of the Art. 7 of the Convention for the Protection of Human Rights and Fundamental Freedoms. Another drawback of the legislation is the lack of enshrining a criminal offense for violating quarantine regulations. On the basis of the conducted research it is offered to make changes to norms of the Art. 44-3 of the Code of Administrative Offenses and the Art. 325 of the Criminal Code of Ukraine in order to optimally regulate legal responsibility for violation of sanitary rules and regulations for the prevention of infectious diseases and mass poisoning (Article 325 of the Criminal Code), as well as quarantine rules (the Art. 44-3 of the Code of Ukraine on Administrative Offenses). The main task of such changes is to construct a consistent chain of normatively established offenses in the field of compliance with quarantine rules (administrative offense - criminal offense – non-grave offense – grave offense) with adequate and proportionate responsibility for their commission.

scholarly journals Legal nature of the positive constitutional responsibility

2017 ◽  
Vol 1 (3) ◽  
pp. 62-70
Author(s):  
Natalia Bobrova ◽  
Vladimir Sidorov
Keyword(s):  
Direct Action ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Positive Side ◽  
Legal Nature ◽  
Scope Of Application ◽  
The Subject ◽  
Political Character ◽  
Good Purpose

The subject of the paper is theoretical justification of legal nature of positive constitutionalresponsibility legal institute. The evolution of views on the institution of positive constitutionalresponsibility from the first works on it (S.A. Avak`yan, Yu.P. Eremenko, F.M. Rudinsky, N.A. Bobrova) to the present time is analyzed.The purpose is to clarify its role in establishment and maintaining the regime of constitutionallegality.The results, scope of application. Doubts about the legal nature of positive constitutionalresponsibility up to its complete denial are identical with doubts about the legal nature ofmany constitutional norms, the denial of their direct action. These disputes will last forever.Direct service of constitutional and legal responsibility to the quality of governance is a featureof this type of legal responsibility along with its pronounced political character, as wellas the specific guilt of the subject of constitutional tort (liability not only for their acts butfor the acts of their subordinates).The emphasis on positive moral aspect to the detriment of "sanction" (retrospective) aspectof the constitutional responsibility does not meet the challenges of the new time.Proponents of affirmative responsibility had good purpose to build its high creative andeducational role from the positive side of the legal liability. However, this good purpose inpractice has not led to optimistic results.The authors come to the conclusion the legal regulation of mechanisms of responsibilityenforcement in Russia is necessary.

Attracting to the legal responsibility of the condemned, subject to and accused defined settlement order in convoiation

2019 ◽  
pp. 9-15
Author(s):  
Андрей Станиславович Александров ◽  
Владимир Викторович Бочкарев
Keyword(s):  
Legal Status ◽  
Criminal Liability ◽  
Legal Liability ◽  
Legal Framework ◽  
Legal Responsibility ◽  
Order Mode ◽  
Initial Stage ◽  
State Coercion ◽  
Established Order

Авторами затрагиваются некоторые законодательные проблемы привлечения к юридической ответственности осужденных, подозреваемых и обвиняемых в совершении преступлений, допустивших нарушения установленного порядка во время их конвоирования. Рассмотрены как нормативные, так и организационные особенности привлечения к юридической ответственности лиц из числа спецконтингента. Приводится классификация юридической ответственности. Раскрываются законодательные основы мер государственного принуждения, осуществляемых в рамках реализации уголовной ответственности (наказания). Указывается на особенности правового положения конвоируемых лиц. Обозначены некоторые проблемы фиксации факта нарушения, допущенного осужденным, подозреваемым и обвиняемым при конвоировании. Подробно рассмотрен начальный этап привлечения к юридической ответственности правонарушителя, который реализуется караулом по конвоированию в процессе его перемещения путем выявления правонарушения и его фиксации в установленных документах. Рассмотрены особенности латентности правонарушений спецконтингента установленного порядка (режима) конвоирования и организации специальных The authors touch upon some legislative problems of bringing to trial the convicted, suspected and accused of committing crimes that committed violations of the established procedure during their convoy. Both regulatory and organizational peculiarities of bringing to legal responsibility of persons from among the special contingent are considered. The authors provide some classification of legal liability. Discloses the legal framework of measures of state coercion, carried out in the framework of the implementation of criminal liability (punishment). This indicates the peculiarities of the legal status of persons escorted. Some problems are indicated with respect to fixing the fact of a violation committed by a convict, suspect and accused during escorting. Considered in detail the initial stage of bringing to legal liability of the offender, which is implemented as a guard on escort in the process of his transfer, by identifying the offense and its fixation in the established documents. The features of the latency of offenses of a special contingent of the established order (mode) of escorting and organization of special transportation are considered.

Independent Deputy Mandate: Pro and Contra

2015 ◽  
Vol 3 (6) ◽  
pp. 0-0
Author(s):  
Виктор Черепанов ◽  
Viktor Cherepanov
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Obligation ◽  
Active Centre ◽  
Legal Relation ◽  
The People ◽  
Legal Nature ◽  
The Russian Federation

The article considers some positive features of the independent deputy mandate conception and notes some of its shortcomings. For the purpose of analysis of the legal nature of a deputy mandate, the author considers it necessary to identify three interconnected legal relations where a deputy has different legal statuses and different rights, obligations and responsibilities. In a lasting legal relation with the electorate the deputy acts as their representative, in the legal relation with the party that has nominated him, he is a representative of this party, and in the legal relation with the people of the Russian Federation (their portion) he is a representative of these people (their portion) who should express their will in the adopted decisions as part of the relevant representative body. There are some imperative elements in the lasting electoral legal relations, but in his relations with the people of the Russian Federation (their portion) there prevail some features of the independent mandate. According to the author, all these legal relations are active pattern relations whose active centre is in the deputy’s obligations directly related to the interests of the representees and their relevant right to demand to observe them and bring the deputy to responsibility when these obligations are not performed. These features of a deputy mandate suggest a binding, imperative model of legal regulation at the heart of which there should be legal obligation and subsequent legal responsibility. At the present time, based on the prevailing interpretation of the independent mandate, in order to regulate the deputy’s constitutional-legal status, another permissible, dispositive model of legal regulation is applied, that allows for the deputy to act at his discretion. In this context the article justifies the necessity of the Russian federal legislation improvement by reinforcement of certain elements of a deputy mandate’s mandatory nature, laying down his obligations and responsibility including a recall as a form of pure democracy.

scholarly journals Anti-Corruption Legislation of Russia: A Retrospective Analysis of the Formation of the Mechanism of Legal Effect

Lex Russica ◽  
2020 ◽  
Vol 1 (1) ◽  
pp. 59-69
Author(s):  
O. A. Avdeeva ◽  
V. A. Avdeev
Keyword(s):  
Retrospective Analysis ◽  
Criminal Law ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Legal Development ◽  
Political Transformations ◽  
Legal Nature ◽  
Domestic Legislation ◽  
Legal Effect ◽  
The Subject

The paper investigates methodological, organizational and practical aspects of the legal effect on corruption during the period of formation and development of the national statehood. The novelty of the subject under consideration lies in the issue associated with: 1) the disclosure of the causes and conditions of corruption as a socially negative phenomenon at certain stages of the state and legal development; 2) identification of key directions of the legal policy in the field of anti-corruption predetermined by socio-economic and political transformations. In the course of achieving the goal of the study, the author has applied special legal methods of cognition contributing to the retrospective analysis of the legal regulation of legal liability for corruption-related offenses. As the result of the study, the paper shows the legal nature of corruption, its essential specificities and features as a socially negative phenomenon. The authors have identified peculiarities of anti-corruption measures undertaken during the period of the Russian statehood under review. Also, they have determined the tendencies in the legal regulation of corruption-related crimes and defined the features of the mechanism of the legal regulation of legal responsibility for corruption. The authors have expressed their opinion about the absence of categorical and legal assessment of the concept of corruption in the domestic legislation of the period under review that would predetermine recognition of measures having effect under criminal law as a strategic resource of counteracting corruption-related offenses. The paper draws conclusions about the factors inspiring the legislative regulation of corruption-related crimes and about the specifics of the implementation of punishment and other measures under criminal law.

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