scholarly journals Legal aspects of conducting clinical trials and military trials with the participation of military personnel

2021 ◽  
Vol 40 (3) ◽  
pp. 51-56
Author(s):  
Ivan V. Fateev ◽  
Aleksey B. Seleznev ◽  
Evgeniy V. Ivchenko ◽  
Valeriy S. Ivanov

Currently, the procedure for conducting clinical trials and military trials is regulated by a number of regulatory documents ranging from Federal laws to local orders of medical organizations. The article analyzes the regulatory documents of the Russian Federation in relation to conducting clinical trials and military trials with the participation of military personnel. It is noted that the legal status of a volunteer (military personnel) when conducting research in full-scale conditions is not fixed. In addition, in the case of conducting research with the involvement of military personnel as volunteers, it should be borne in mind that a serviceman has the right to engage in scientific, pedagogical and other creative activities. There is no regulatory document defining payments to volunteers participating in clinical trials. These organizational aspects require legislative permission to exclude legal conflicts in the planning, organization and conduct of research involving military personnel as volunteers (patients) (bibliography: 9 refs).

Author(s):  
Alla Brovdii ◽  

Some aspects of the economic and legal status of a consulting engineer are analyzed, taking into account the specifics of national legislation. Some problems of the legal status of the consulting engineer and the forms of his economic activity are revealed. The introduction of such an entity as a consulting engineer in the modern conditions of construction development is of particular importance due to the need to improve the quality of construction work, the development of competition in this area and the need to change approaches to economic activity in this area. It is established that the concept of consulting engineer is defined in some special regulations, in particular, regulating activities in the field of road construction, but the economic and legal aspects of his business remain unresolved. This significantly affects the effectiveness of the introduction of the institute of consulting engineers in the field of management. The problem of lack of clear definition of the form of conducting economic activity by the specified participant of economic relations is revealed. The necessity of adopting a special normative legal act, namely the Law of Ukraine "On the activities of consulting engineers", in which to regulate general issues of their legal status, features of the organization of its activities, responsibilities, etc is proved. The author's definition of the concept of consulting engineer is proposed, taking into account the need to establish the organizational and legal form of his business, which will ensure proper regulation of relations between him and other participants in construction relations, including contractors and customers. The solution of some problems of the economic and legal status of the consulting engineer under the legislation of Ukraine is offered. The expediency of conducting the activity of a consulting engineer as a self-employed person, or carrying out its activity by creating a legal entity (association of consulting engineers) is substantiated. In addition, in our opinion, an entity that carries out engineering activities and has concluded employment contracts with duly accredited consulting engineers has the right to provide the services of a consulting engineer.


Author(s):  
Екатерина Викторовна Глебова

Актуальность темы научной статьи обусловлена тем, что каждый гражданин Российской Федерации независимо от его социального статуса обладает правом на образование. Однако отдельные категории граждан, в частности, осужденные лица, не могут воспользоваться данным правом по причине наличия у них особого юридического статуса. Беспрепятственный доступ осужденных к образовательному процессу оказывает положительное влияние на социальную безопасность и защищенность каждого отдельного гражданина, так как от уровня их образованности напрямую зависит степень их исправления. В данный момент на территории нашей страны наблюдается большая вовлеченность всех слоев населения (включая осужденных) в сферу образовательных услуг как на возмездной, так и на безвозмездной основах. Профессиональное образование и профессиональное обучение как очень важный и необходимый элемент в отечественной пенитенциарной системе регулируется различными источниками права, относящимися и к системе уголовно-исполнительного законодательства, и к системе образовательного законодательства РФ. Целями правового регулирования отношений в сфере образования являются установление государственных гарантий, механизмов реализации прав и свобод человека в указанной сфере, а также защита прав и интересов участников отношений в сфере образования. Problem statement of the scientific article is due to the fact that every citizen of the Russian Federation, regardless of his social status has the right to education. However, some categories of citizens cannot exercise this right due to their special legal status, in particular, we will talk about convicted persons. Unimpeded access of this category of citizens to the educational process has a positive impact on the social safety and security of each individual, since the level of education of convicted persons directly affects the degree of their correction. At the moment on the territory of our country there is a great involvement of all segments of the population (including convicts) to the sphere of educational services free or for a fee. Vocational education and training as a very important and necessary element in the domestic penitentiary system is regulated by various sources of law relating to both the system of penal legislation and the system of educational legislation of the Russian Federation. The objectives of legal regulation of relations in the field of education are the establishment of state guarantees, mechanisms for the implementation of human rights and freedoms in education, as well as the protection of the rights and interests of participants of relations in the educational field.


2018 ◽  
Vol 33 ◽  
pp. 02071 ◽  
Author(s):  
Ruben Kazaryan

Problems of accounting and reporting of net assets and the procedure of their formation taking into account the specifics of the economic and legal status of property of a non-commercial autonomous institution are some of the most controversial in the accounting for entities of the public sector. The study focuses on justification of accounting rules for net assets of public sector entities. The methods used in the study are as follows: comparison, synthesis, analysis, logical approach, and system approach. The article examines legal aspects and specifics of recognition of assets of public sector entities in accordance with IPSAS standards (International Public Sector Accounting Standards are a set of accounting standards issued by IPSASB (Council for International Financial Reporting Standards for Public Sector Organizations) used by state-owned enterprises worldwide in preparation of financial statements as of the 31st of August, 2015. The most crucial factor in the modeling of key performance indicators of the system-target approach to estimation of the sustainability level of net assets on the basis of IPSAS is a multicriterial evaluation of the basic management strategy for quality system elements used in operational and strategic planning projects operations in high-rise construction. We offer an alternative evaluation of assets due to be returned to the right holder (the state controller) in the event of liquidation of a public sector entity.


2013 ◽  
Vol 62 (4) ◽  
Author(s):  
Carlo Casini ◽  
Marina Casini

Dopo vivacissisimi dibattiti e diverse decisioni giudiziarie, il Parlamento irlandese ha approvato nel luglio 2013 la legge sull’aborto Protection of Life During Pregnancy Act (2013) che però non ha fatto cessare le discussioni né sopito le inquietudini. Il contributo, supportato da un’ampia documentazione, si muove contemporaneamente su tre piani: vengono esaminati i profili giuridici (costituzionali, referendari, legislativi e giurisprudenziali) della storia dell’aborto in Irlanda, evidenziando gli aspetti che rendono peculiare la vicenda irlandese rispetto a quella degli altri Paesi europei; affronta la questione dello statuto giuridico dell’embrione umano nell’ordinamento irlandese sia nell’ambito dell’aborto, sia in quello della fecondazione artificiale (diffusa nella prassi e legittimata dalla giurisprudenza); offre interpretazioni e prospettive concrete per tutelare la vita umana sin dal momento della fecondazione in un contesto che, invece, tende a sottrarre la protezione nei primi 14 giorni di vita dell’embrione umano. One of us, l’iniziativa dei cittadini europei, promossa sulla base del Trattato di Lisbona, si presenta come una straordinaria occasione per svolgere un ruolo di contenimento delle possibili derive negative della legge recentemente approvata e per mantenere nella società la consapevolezza che la dignità umana è uguale per tutti gli esseri umani, così tutti, sin dal concepimento, sono titolari del diritto alla vita. I cittadini irlandesi potrebbero confermare con la vastità delle adesioni a “Uno di noi” la stessa volontà manifestata nei referendum del 1983, del 1997 e del 2002: “lo Stato riconosce il diritto alla vita del bambino che deve nascere”. ---------- After several lively debates and judicial decisions, the Irish parliament passed a law on abortion in July 2013 Protection of Life During Pregnancy Act (2013) which, however, has not put an end to the discussion or calmed anxieties. The contribution, supported by extensive documentation, moves simultaneously on three levels: 1. examining the legal aspects (constitutional, referendums, legislation and judicial decisions) of abortion’s history in Ireland highlighting those that make that history unique compared to other European countries; 2. dealing with the question of the legal status of the human embryo into the Irish legal system regarding both abortion, and artificial insemination (widely practiced and legitimized by law); 3. offers interpretations and concrete prospects for protecting human life from the moment of fertilization in a context which, however, tends to deprive human life of protection in the first 14 days of life. One of us, the European citizens’ initiative, promoted on the basis of the Treaty of Lisbon, is presented as an extraordinary opportunity to play a role in limiting the possible negative tendencies of the law recently passed and to maintain awareness in society that human dignity is the same for all human beings. So everyone, from conception, is entitled to the right to life. In particular, One of us gives Irish citizens the great chance to confirm the same desire expressed in the referenda of 1983, 1992 and 2002 – “The State acknowledges the right to life of the unborn child” – by signing in great numbers the “One of Us” citizen’s initiative.


In the framework of this work, the main regulatory documents on this topic are analyzed. It is noted that the qualification requirements are not identical to the presence of a document confirming the right to drive a vehicle. Qualification requirements are the requirements for the knowledge, skills, and professional skills of the driver. A legal conflict was established for drivers who received a driver’s license earlier than 12/12/2014: the presence of a Russian national driver’s license of the corresponding category makes it possible to speak of non-compliance with professional requirements, and in turn, the lack of knowledge, skills and professional skills in working with various types of tachographs clearly indicates a mismatch with qualifications requirements. It is noted that to confirm the availability of skills, professional skills in working with various types of tachographs to persons who have received a driver’s license before 08/12/2014, only a document confirming training in the training program that meets the requirements of Order of the Ministry of Transport of the Russian Federation of January 17, 2012 No. 7 can be confirmed. Keywords driver, tachograph, traffic safety


2021 ◽  
Vol 2 ◽  
pp. 3-7
Author(s):  
Oksana V. Cherkasova ◽  

The article reviews the legal status of subjects of corporate relationships, analyzes doctrinal and law enforcement aspects. The author analyzes the scientists’ standpoints, various models of interaction between the subjects of corporate relationships existing in foreign law and order, case law, arrives at conclusions about the correlation between the categories of the “right of participation”, “right of membership”, “right of management”. It is noted that the membership concept evolves out of participation by performing the function of a generic term. It is suggested to determine the “right of management” of a corporation as just one of the member’s activity areas along with other rights. The author recommends to ensure consistency of the provision of Article 2 of the Civil Code of the Russian Federation and Articles 65.2, 65.3 of the Civil Code of the Russian Federation where the concept of the “right of participation” would act as a basic one and the “right of management” would be its constituent part.


2021 ◽  
pp. 79-83
Author(s):  
О.В. Бугакова

Автором сопоставляется институт индексации присужденных денежных средств с компенсацией за нарушение права на исполнение судебного акта в разумный срок, анализируется законопроект 2021 года о внесении изменений в статью 208 Гражданского процессуального кодекса Российской Федерации и высказывается мнение о необходимости определения временных критериев для возникновения права стороны по делу обратиться с заявлением об индексации присужденных сумм. he author compares the institution of indexation of awarded funds with compensation for violation of the right to execute a judicial act within a reasonable time, analyzes the draft law of 2021 on amendments to Article 208 of the Civil Procedure Code of the Russian Federation and expresses the opinion that it is necessary to determine the time criteria for the emergence of the right of a party to the case to apply for indexation of the awarded amounts.


2015 ◽  
Vol 10 (6) ◽  
pp. 217-220
Author(s):  
Синкевич ◽  
Ekaterina Sinkevich

The modern society, having entered a way of postindustrial (information) progress, has unlimited access to various information technologies. The modern person can’t imagine his life without Internet network, mobile communication and instant messages, e-mail, electronic payments and credit cards. However, «simplification» of modern human life entails set of infringements in the sphere of constitutional and civil human rights. The basic feature of legal regulation of the right of a citizen of the Russian Federation on the storage and distribution of personal data in terms of social development and world globalization is conformity of laws to basic issues of the Constitution of the Russian Federation and practical applicability.


2016 ◽  
Vol 10 (1) ◽  
pp. 4-10
Author(s):  
Вера Гладкова ◽  
Vera Gladkova

Article deals with actual issues of modern law-making in financial (budgetary) control in the Russian Federation. The author highlights unsystematic character of regularization of relations developing in the field of financial (budgetary) control, and distinctive inadequacy of its development. The author formulates specific offerings for maximizing productivity of control actions in the financial sphere. The legal and legislative systems cannot be characterized as identical. There are distinctions and discrepancies between these systems, which allow speaking more in detail about their relative independence. In a general way these distinctions can be classified as follows: volumes are not the same; different ratio of objective and subjective; diverse backbone factors; different level of structural orderliness and integrity (the legal system is self-organizing); various ratio of static and dynamic properties (the legislation system is less steady than legal system); regularities of functioning and development of these systems also differ. In other cases, reverse situation takes place, when the set of relevant rules of law exists, but there is no the branch of law. For example, the financial law, the right to social insurance, agricultural law and others can be classified as such branches. These branches of law have no codification act, while legislative and other laws and regulations that need unification of legal regulation in this area are scattered in other codification acts, which unify the rules of law specific legal sub-sectors (for example, Budget Code of the Russian Federation, Tax Code of the Russian Federation).


Author(s):  
A. Luzakov ◽  
D. Tkachenko

Special assessment of working conditions (SAWС) is a set of measures to identify harmful and (or) dangerous factors of the production environment and the labor process and assess the level of their impact on the employee. SAWС is regulated by the law of the Russian Federation and is mandatory for employers organizations. The current rules have been applied in practice relatively recently, since 2014. Despite a lot of comments on the legal aspects of SAWС, there is little research on the subjective perception of customers and performers of problems related to special assessment. The article presents some of the results of a survey of experts who conduct SAWС and representatives of customer organizations. The difficulties and reasons for dissatisfaction arising during the SAWС are identified, which relate to the choice of the contractor, the interest and involvement of customers, and compliance with procedures and deadlines by both parties. Based on the results of the survey and regulatory documents, step-by-step recommendations were developed and presented to help customer organizations. Recommendations contain a list of common errors that should be avoided. They will allow you to properly prepare and conduct all the stages of the SAWС, starting from the formation of the Commission to the application of the results.


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