scholarly journals Modern Technologies as Compensatory Means of Ensuring the Rights of Vulnerable Persons in Criminal Proceedings

2021 ◽  
Vol 8 (4) ◽  
pp. 546-572
Author(s):  
S. M. Kurbatova ◽  
L. Yu. Aisner
Keyword(s):  
Legal Status ◽  
Modern Science ◽  
Law Enforcement Officers ◽  
Criminal Proceedings ◽  
Persons With Disabilities ◽  
World Community ◽  
The Social ◽  
Modern Technologies ◽  
Vulnerable Persons

This article presents theoretical and practical aspects of the use of modern technologies to promote the rights of persons with disabilities as participants in criminal proceedings. In this context, modern technologies are considered as means of compensatory nature. These technologies help persons with disabilities to become active participants in criminal procedural legal relations and independently exercise their rights and perform duties in the field of criminal proceedings. Through the use of modern technologies, persons with disabilities can level their position in relation to other participants in criminal proceedings who are active subjects of criminal procedural legal relations, and can independently exercise their rights and perform their duties. This is part of the compensatory approach that should be implemented in criminal proceedings in order to compensate persons with disabilities for the restrictions that they have due to circumstances beyond their control. The social vulnerability of individual members of society should be compensated by the state in the person of the legislator and further implemented by state bodies such as law enforcement officers. This is the essence of the compensatory approach. One can note the importance of this approach for observing human rights and building the rule of law and a welfare state in countries that view themselves as democratic. This is also important for improving the quality of international legal acts that introduce a standard for all States, members of the world community. In this connection, it is proposed to develop at the international level the direction of using the achievements of modern science and technology as means of compensatory nature, to equalize the legal status of persons with disabilities participating in criminal proceedings. As a general conclusion, a proposal is made to extend the compensatory approach not only to the field of criminal procedure, but also to the entire legal sphere, both in the norms of international law and national legislation.

scholarly journals Migration infrastructures and the production of migrants’ irregularity in Japan and the United Kingdom

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Nando Sigona ◽  
Jotaro Kato ◽  
Irina Kuznetsova
Keyword(s):  
Legal Status ◽  
Qualitative Interviews ◽  
Legal Violence ◽  
The United Kingdom ◽  
The Social ◽  
Access And Quality ◽  
The Uk ◽  
The Impact

AbstractThe article examines the migration infrastructures and pathways through which migrants move into, through and out of irregular status in Japan and the UK and how these infrastructures uniquely shape their migrant experiences of irregularity at key stages of their migration projects.Our analysis brings together two bodies of migration scholarship, namely critical work on the social and legal production of illegality and the impact of legal violence on the lives of immigrants with precarious legal status, and on the role of migration infrastructures in shaping mobility pathways.Drawing upon in-depth qualitative interviews with irregular and precarious migrants in Japan and the UK collected over a ten-year period, this article develops a three-pronged analysis of the infrastructures of irregularity, focusing on infrastructures of entry, settlement and exit, casting a comparative light on the mechanisms that produce precarious and expendable migrant lives in relation to access to labour and labour conditions, access and quality of housing and law enforcement, and how migrants adapt, cope, resist or eventually are overpowered by them.

scholarly journals SEPARATION OF POWERS BETWEEN PROSECUTOR AND THE HEAD OF THE INVESTIGATIVE BODY

2020 ◽  
Vol 24 (3) ◽  
pp. 760-779
Author(s):  
Nikita V. Babich
Keyword(s):  
Civil Rights ◽  
Legal Status ◽  
Separation Of Powers ◽  
Preliminary Investigation ◽  
Current Concept ◽  
Scientific Article ◽  
Criminal Proceedings ◽  
Individual Concepts ◽  
Systemic Problems

Problems related to the delimitation of powers between the prosecutor and the head of the investigating body, as well as ways to resolve them, are in the constant focus of attention of representatives of legal science. The concept and model of differentiation of powers between such participants in criminal proceedings that was introduced in 2007, has led to serious problems, which are expressed in: - decrease in the quality of prosecutorial supervision of the preliminary investigation body in order to protect human and civil rights and freedoms at the stage of preliminary investigation; - lack of procedural independence of the investigator, priority of interdepartmental control over prosecutorial supervision; - duplication of prosecutors supervision; - large accusatory bias of the court, prosecution and investigation body and others. The negative side of such problems is that the rights and freedoms of man and citizen are violated in the first place at all stages of criminal proceedings. In this regard, the properly organized delineation of powers and functions between the prosecutor and the head of the investigating body will be standard for ensuring the rule of law; it will contribute to the fight against crime and speedy preliminary investigation in order to create the court basis to reduce the cases of incorrect court decision. The purpose of the scientific article is to analyze the provisions of the current concept and models of separation of powers between the prosecutor and the head of the investigating body, identify the main systemic problems in this area and formulate proposals for their elimination. To achieve this goal, the scientific article explores the features and problems of individual concepts and models for their implementation in organizing activities of prosecution body and preliminary investigation bodies to delimit the powers between the prosecutor and the head of the investigating body. In a scientific article, the author came to the conclusion that reforming the current concept and model of separation of powers between the prosecutor and the head of the investigating body in order to eliminate significant problems is not possible without a reform. A return to previous concepts and models is also unacceptable due to historical experience of their application. The necessity of reforming the foundations of the entire law enforcement system of criminal justice body as a whole and reviewing the legal status of the prosecutor at all stages of criminal proceedings is noted.

The Impact of Technology on Assessing Social Skills

1992 ◽  
Vol 11 (4) ◽  
pp. 189-195 ◽  
Author(s):  
Keith Storey
Keyword(s):  
Social Skills ◽  
Computer Technology ◽  
Community Involvement ◽  
Social Skill ◽  
Persons With Disabilities ◽  
The Social ◽  
Impact Of Technology ◽  
The Impact

The social skill of persons with disabilities has been found to influence employment, schooling, friendships, community involvement, and overall quality of life. However, the ability of researchers and practitioners to assess social skills has been limited by reliance upon paper and pencil recording procedures. The development of computer technology offers refinement and expansion of the ability to adequately assess social skills. In this paper, the impact of technology on assessing social skills in persons with disabilities is addressed in terms of describing the technology, implications of the technology, and the role of micro versus macro analysis.

scholarly journals Neurosurgeon, nota bene! … brain!

2020 ◽  
Vol 29 (3) ◽  
pp. 80-87
Author(s):  
M.E. Polishchuk
Keyword(s):  
Artificial Intelligence ◽  
Brain Tumor ◽  
Social Factor ◽  
Surgical Interventions ◽  
The Core ◽  
The Social ◽  
The Brain ◽  
Modern Technologies ◽  
Functional Defects

Advances in radiology, and introduction of modern neuroimaging technologies into practice, make it possible to identify pathological zones in various parts of the brain, that measure in millimeters. Modern tractography reveals the influence of various lesion on the conductors of the brain. Applications of the modern neurophysiology technology – electroencephalography, evoked potentials, etc., reveal the functions of various parts of the brain. Utilization of neuronavigation, microsurgery, endoscopy, provide access to the deepest structures of the brain, including the brain stem regions, which were previously inaccessible, and the localization of the process in this area was a serious taboo for neurosurgery. Disputable is the functional acceptability of surgical interventions in order to minimize disorders affecting the quality of patients life. It is necessary to take into account the social factor when before planing the operation with possible functional defects. Neurosurgery has gone from a hammer, a chisel, and removal of brain tumor with a «smart» finger in microsurgery, endoscopy, and endovascular surgery. As the most technologically equipped, she approached the introduction of artificial intelligence both in scientific research and in practical activities, more than other sciences. The usage of modern technologies for predicting neurosurgical interventions should be based in the core of indications and contraindications for surgery.

scholarly journals Representation of persons with disabilities in the Serbian press: Analysis of daily newspapers 'Blic' and 'Danas'

2020 ◽  
Vol 15 (47) ◽  
pp. 85-108
Author(s):  
Jovana Trajković
Keyword(s):  
Media Coverage ◽  
People With Disabilities ◽  
Cultural Barriers ◽  
Social Construction Of Reality ◽  
Persons With Disabilities ◽  
Daily Newspapers ◽  
The Social ◽  
The Media ◽  
Definition Of

Low social awareness of disability issues maintains discriminatory attitudes in society and does not contribute to improving the position of persons with disabilities. The media play a significant role in this because they produce new or reproduce existing meanings through representation. The media represent different identities and act as a forum for the social construction of reality, they construct and reproduce the social definition of disability. A highly discriminatory society is the main reason for the difficult life of people with disabilities, but objective media coverage of the topic of disability and persons with disabilities can improve this situation. Such reporting would contribute to changing the stereotypical attitudes towards which a person with a disability is viewed as one who needs help and pity, without considering physical and cultural barriers created in society. If living conditions were adapted to people with disabilities to the extent that they were adapted to all other persons, the quality of life of persons with disabilities would be significantly improved. In the research conducted for the purposes of this paper, we came to the conclusion that print media in Serbia do not devote sufficient space to the topic of disability, and generally report stereotypically.

scholarly journals Kecakapan Bertindak Penyandang Disabilitas Autisme Menurut Hukum Perdata

2021 ◽  
Vol 21 (3) ◽  
pp. 943
Author(s):  
Abdul Hariss ◽  
Nur Fauzia
Keyword(s):  
Persons With Disabilities ◽  
Social And Emotional ◽  
Special Character ◽  
The Social ◽  
Emotional Relationships ◽  
The Government ◽  
The Individual ◽  
The Right ◽  
Legal Subjects

A person with a disability has the right to be treated the same as other human legal subjects. Therefore, the government is obliged to realize the rights listed in the convention, using laws and regulations, including how to fulfill the rights of persons with disabilities in every aspect of life such as: a decent living, education, health and so on, just like humans who live with disabilities. other normal. An autistic person or what in psychological terms is called autism, is included in the category of a person with a mental disability. A person is said to be autistic if he experiences abnormalities in carrying out a legal act, development in terms of the quality of the ability to carry out social and emotional relationships in the social environment of the community. A person is said to have autism, namely someone who has a special character in people generally not by showing mental (psychic), emotional (affective) or physical (physical) disabilities. The word autism, namely "auto" means everything that is directed at the individual. According to information that is not difficult to understand, autism is an abnormality in the brain that causes a decrease or loss of a person's ability to communicate, relate to others and respond to the environment or environment.

WAYS TO INCREASE PROSECUTOR'S SUPERVISION OF OPERATOR'S ACTIVITIES

2017 ◽  
Author(s):  
Alina Yurchenko ◽  
◽  
Sofiia Mostova ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Controversial Issues ◽  
Criminal Proceedings ◽  
Search Activity ◽  
Law Enforcement Agencies ◽  
The Law ◽  
Compliance With The Law ◽  
Goals And Objectives

The article is devoted to certain aspects of the prosecutor's supervision over the observance of laws by the bodies carrying out operative-search activity. Issues and controversial issues of prosecutorial supervision over the activities of bodies engaged in operational and investigative activities are covered. An assessment of the effectiveness of the tasks and the adequacy of the work of the prosecutor's office. The level of compliance of the prosecutor's supervision over the observance of laws by operatives in the process of their operative-investigative activity to the Constitution and the laws of Ukraine was assessed. Proposals have been made to improve the effectiveness of prosecutorial oversight of compliance with the law by law enforcement agencies. Effective ways to increase the effectiveness of prosecutorial oversight have been sought. The views and works of scientists concerning the problems of prosecutorial supervision over operational and investigative activities are considered. The range of subjects that, within the limits of their powers, have a corresponding influence on the activity of pre-trial investigation bodies, the legal status of persons involved in the sphere of criminal proceedings, on the pre-trial investigation as a whole has been determined. Some aspects of prosecutorial supervision over the activity of bodies carrying out operative-search activity are depicted. The procedure for appointing prosecutors, as well as the goals and objectives set for them, have been studied. The grounds for conducting prosecutorial inspections, types of inspections of compliance with the requirements of the legislation on operational and investigative activities are considered. The supervisory functions performed by the prosecutor's office in other countries are compared with those performed in Ukraine. The criteria for assessing the prosecutor's supervision over compliance with the law during the implementation of operational units and the conduct of covert operation of operational and investigative activities are defined. The risks associated with the work of the prosecutor's office and operational units, which may arise at all stages of operational and investigative activities and covert work of Ukraine, have been identified. Other reasons for prosecutorial oversight are mentioned, which today prevent prosecutors from really influencing the quality of the investigation.

THE LEGAL STATUS OF PERSONS WITH DISABILITIES AND THEIR SOCIAL ADAPTATION IN THE MODERN WORLD COMMUNITY

2021 ◽  
Vol 6 (2) ◽  
pp. 26-33
Author(s):  
Bekjon Ismoilov ◽  
Keyword(s):  
Legal Status ◽  
Real Life ◽  
People With Disabilities ◽  
Social Adaptation ◽  
Medical Rehabilitation ◽  
Modern World ◽  
Persons With Disabilities ◽  
Employment Relationships ◽  
World Community ◽  
The One

The article focuses on the legal status of people with disabilities and their causes. We know that when people with disabilities are officially registered, their legal status is determined. This legal status, given to them, on the one hand, provides a number of benefits, on the other hand, reduces their participation in society in real life. In relation to the integration of people with disabilities into a healthy society, their employment relationships, social and medical rehabilitation play an important role. In short, the issue of employment of people with disabilities has become the main topic of the article

Understanding the Scope of the Institutional Transformation within the Microfinance Sector: Evidence from Sidian Bank in Kenya

2020 ◽  
Vol 19 (4) ◽  
pp. 449-478
Author(s):  
Alexis Nyamugira Biringanine
Keyword(s):  
Legal Status ◽  
Perceived Value ◽  
Institutional Transformation ◽  
Qualitative Approaches ◽  
The Social ◽  
Microfinance Institution ◽  
Loan Size ◽  
The Impact

Abstract This article investigates the impact of the change in the legal status of a microfinance institution on its social and financial performance. It uses a case study with a strong emphasis on both quantitative and qualitative approaches to understand the stakeholders’ perceived value of transformation. The results from the study reveal that transformation significantly improves the profitability and the efficiency of Sidian Bank, and in addition, improves the quality of its portfolio. However, we found that transformation has altered significantly the social objectives of Sidian Bank by decreasing its breadth and depth of social outreach. Insights from the qualitative approach reveal that the average loan size widely used to proxy mission drift is a biased indicator since clients grow over time and always favor bigger loans. The stakeholders’ perceived value of transformation differs in terms of risks, breadth, and financial results.

scholarly journals New legal status of patients’ gratitude to medical workers

Temida ◽  
2020 ◽  
Vol 23 (1) ◽  
pp. 125-137
Author(s):  
Filip Miric
Keyword(s):  
Health Care ◽  
Legal Status ◽  
Healthcare Institution ◽  
Public Healthcare ◽  
Professional Performance ◽  
The Social ◽  
The Republic ◽  
Criminal Legislation ◽  
Individual Value

All forms of corruption are harmful for the society. However, corruption in the healthcare is a particular legal and social problem, given the importance of each individual? s health for the quality of life. The subject of this paper is a critical analysis of the provision of Art. 234 of the Health Care Act. According to this provision, a health worker and a health associate who performs a healthcare activity in a public healthcare institution, a member of professional and other bodies of a public healthcare institution, as well as members of their immediate families, may not seek nor receive any money, gift, service or any other benefit for themselves, their immediate family members or natural and legal persons who may reasonably be considered as interest- related and which may affect the impartiality or professional performance of their duties, that is, which may be considered a reward in connection with the performance of duties and the exercise of healthcare. Exceptionally, gratitude in the form of gifts, advertising materials or samples, of lesser value, that is not expressed in money, and which individual value does not exceed 5%, and the total value does not exceed the amount of an average monthly salary without taxes and contributions in the Republic of Serbia should not be considered as corruption, conflict of interest or private interest. This poses a question whether such provision legalizes corruption in the healthcare system? As far as the Health Care Act was adopted in 2019 and it is not possible to analyze its practical application, it is quite justified to point out to the social danger of such legal solution and its relationship with the provisions of the criminal legislation, which is the aim of this paper. Corruption in healthcare leads to very harmful and dangerous consequences for the victim. The victim of this unlawful behaviour is a patient, who is often dependent on the help of a corrupt doctor, and the question arises of the possibility of exercising the patient?s right to adequate healthcare. In this way, a solid basis can be created for future victimological research in this area

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