scholarly journals Some problems of the implementation of the constitutional right of citizens to appeal to state authorities and local self-government bodies

2021 ◽  
Vol 3 ◽  
pp. 41-43
Author(s):  
A.M. Bagmet ◽  
◽  
E.I. Bychkova ◽  
Keyword(s):  
Theoretical Basis ◽  
Statistical Data ◽  
Federal Legislation ◽  
Formal Approach ◽  
Judicial Practice ◽  
Constitutional Right ◽  
The Right ◽  
Administrative Responsibility

The article deals with some problems of citizens realization of the right to appeal to state authorities and local self-government bodies. The authors draw conclusions about the need to clarify the theoretical basis of citizens ‘appeals, to fix in the federal legislation a clearer classification of the types of citizens’ appeals. Also, based on judicial practice and statistical data, the authors come to the conclusion that it is necessary to establish administrative responsibility not only for violating the procedure for considering citizens’ appeals, but also for the formal approach of officials when preparing responses to appeals.

Statistical confidentiality as an element of the protection of the constitutional right to privacy

2019 ◽  
Vol 64 (12) ◽  
pp. 58-67
Author(s):  
Piotr Zapadka
Keyword(s):  
Public Interest ◽  
Statistical Data ◽  
Legal Framework ◽  
Protective Measure ◽  
Constitutional Rights ◽  
Right To Privacy ◽  
The Right To Privacy ◽  
Constitutional Right ◽  
Statistical Surveys ◽  
The Right

The confidentiality of statistical data, one of the areas of classified data, is a part of the institutional legal framework designed as a coherent safeguard of natural persons’ right to privacy, at the same time recognising the fact that collecting statistical data for public statistics satisfies an important public need. Therefore it is necessary to reach a sensible compromise between justified public interest and private interest. The article analyses selected aspects of statistical confidentiality regarded as a tool for the execution of the constitutional duty to protect the identity of persons participating in statistical surveys. The aim of this paper is to define the extent to which the process of collecting and storing data, provided for by the law on public statistics, constituties a justified and lawful interference with the constitutional rights and freedoms of natural persons. The analysis of the Polish and foreign regulations pertaining to this matter indicates that statistical confidentiality serves as a protective measure for the right to privacy for natural persons, guaranteed by Art. 47 of the Polish Constitution.

scholarly journals DEFAMATION IN THE FIELD OF HEALTH CARE: COLLEGIALITY OF DOCTORS VS. CRITICAL ASSESSMENT OF DOCTORS' ACTIVITIES

Medicne pravo ◽  
2021 ◽  
pp. 80-85
Author(s):  
K. Y. Tereshko
Keyword(s):  
Freedom Of Expression ◽  
Personal Information ◽  
Critical Evaluation ◽  
Critical Assessment ◽  
Judicial Practice ◽  
European Court ◽  
Constitutional Right ◽  
The One ◽  
The Right ◽  
Judicial Protection

The concept of defamation and the composition of defamation tort are analyzed. Foreign experience and judicial practice of defamation application are given. The need to uphold the principle of ensuring a balance between the constitutional right to freedom of thought and speech, the right to free expression of one’s views and beliefs, on the one hand, and the right to respect for human dignity, constitutional guarantees of non-interference in private and family life, judicial protection of the right to rebuttal inaccurate personal information, on the other. The defamation balance between medical collegiality and critical assessment of doctors' activity is formulated. A «defamatory balance» has been formed between the collegiality of doctors and the critical evaluation of doctors' activities, which will be achieved by the preemptive right to freedom of expression to protect the lives and health of patients, actions in the public interest in the case law of the European Court of Human Rights.

scholarly journals Directions of improving legal responsibility for committing administrative offenses related to corruption.

2021 ◽  
Vol 3 (3) ◽  
pp. 180-185
Author(s):  
Ihor Pastukh
Keyword(s):  
Public Service ◽  
Legal Responsibility ◽  
Social Harm ◽  
Judicial Practice ◽  
Special Part ◽  
State And Local ◽  
The Right ◽  
Administrative Penalty ◽  
The Relationship ◽  
Administrative Responsibility

An attempt was made to improve the relationship and consequences of administrative liability for corruption-related offenses and further public service, other employment, persons authorized to perform the functions of state and local self-government, and persons equated to them. Based on the analysis of the provisions of current legislation, judicial practice of its application, official interpretation of the law, attention is paid to legal uncertainty, elements of subjectivity in the appointment of courts such administrative penalties as deprivation of the right to hold certain positions or engage in certain activities. sanctions of articles of the Special part of the Code of Ukraine about administrative offenses. It is proved that the application of such an administrative penalty as deprivation of the right to hold certain positions or engage in certain activities should take into account the nature and type of the relevant offense related to corruption, proposed its own basis for their division into such types. Namely, among all types of administrative offenses related to corruption, there are those related to the performance of official duties and those related to the performance of such duties are not directly related. With this in mind, it is stated that the responsibility for their commission should not be the same because of their different social harm and danger. Emphasis is placed on the legislator's unequal approach to the consequences of bringing individuals to administrative responsibility for corruption-related offenses in the form of termination of public service or other employment. The author's approach to the solution of the specified problem is offered, namely – termination of performance of official or other powers as a result of bringing to administrative responsibility for the offenses connected with corruption, should be applied only for commission of those offenses which are directly connected with performance by the professional duties.

Administrative Violation of the Right to Education

2021 ◽  
pp. 13-16
Author(s):  
S. Feklin
Keyword(s):  
Russian Federation ◽  
Educational Institutions ◽  
Educational Organizations ◽  
Right To Education ◽  
Educational Organization ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Right ◽  
Exhaustive List ◽  
Administrative Responsibility

In accordance with article 5.57 of the Code of Administrative Offenses of the Russian Federation, violation of the right to education and the rights and freedoms of students of educational institutions provided for by the legislation on education entail administrative responsibility. At the same time, the legislator did not give an exhaustive list of cases, the occurrence of which is qualified as an offense on the part of an educational organization or its officials. The author of the article, having studied the normative legal acts, having analyzed the judicial practice, describes possible cases of violation of the right to education in order to prevent such situations in educational organizations.

scholarly journals Criminalistic Characteristic of Intentional Infliction of Serious Harm to Human Health

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Lyudmila Ivanova ◽  
Bulat Tugutov
Keyword(s):  
Human Health ◽  
Russian Federation ◽  
Statistical Data ◽  
Preliminary Investigation ◽  
The State ◽  
Social Psychological ◽  
Criminal Cases ◽  
Judicial Practice ◽  
The Russian Federation

In the article, the authors analyze the components of the forensic characteristics of intentional infliction of serious harm to human health. Special attention is paid to such categories as the identity of the suspect (accused) and the victim, as well as the method of committing the crime. In particular, the authors give their own classification of ways of committing a crime based on the mechanism of causing harm to the health of the victim. The article analyzes the concept of «victimhood» and points out demographic, social, psychological and other significant elements of the victim's characteristics. The author's position is supported by an analysis of statistical data on the state of crime on the territory of the Russian Federation and individual subjects of the Russian Federation, materials of investigative and judicial practice in specific criminal cases. In addition, the authors pointed out the applied nature of the forensic characteristics of specific elements of crimes, since it can be used by the preliminary investigation bodies and bodies engaged in operational search activities when planning appropriate measures to identify, suppress and investigate crimes against the person.

scholarly journals Legal Consequences of the Abuse of Rights

2019 ◽  
Vol 3 (1) ◽  
pp. 87-92
Author(s):  
Вадим Овинников ◽  
Vadim Ovinnikov
Keyword(s):  
Civil Rights ◽  
Civil Law ◽  
Third Party ◽  
Judicial Practice ◽  
Illegal Behavior ◽  
Bona Fide ◽  
The Russian Federation ◽  
The Right ◽  
Subjective Rights

The paper features the sanctions for abuse of the right to an unconscientious person (violator). The ongoing reforms of civil law in the Russian Federation allowed legislators to expand the list of sanctions that can be applied for the abuse of rights. The author introduces a classification of violators that can be punished for the abuse of the right can be applied. The current judicial practice shows that it both victim and mala fide party may assume the roles of plaintiff, defendant, and a third party in court, depending on how they use and exercise their subjective rights within the framework of civil rights. The rules of law governing the refusal to protect the right against a violator may not be applied by the court spontaneously. The author found some hidden forms of behavior of the plaintiff or defendant parties, the purpose of which is to harm the other party, to refuse to satisfy the claim of the bona fide party, i.e. illegal behavior of the defendant, or satisfaction of the claim of the unconscientious party, i.e. illegal behavior of the plaintiff. The civil-law approach to the study of actual problems of abuse of right makes it possible to clarify the essence of this legal phenomenon in the modern civil law.

Awareness and Decision Making in Professional Ethics

2000 ◽  
Vol 5 (1) ◽  
pp. 19-27 ◽  
Author(s):  
Ronny Swain
Keyword(s):  
Decision Making ◽  
Professional Ethics ◽  
Ethical Decision Making ◽  
Code Of Ethics ◽  
Professional Autonomy ◽  
Ethical Awareness ◽  
Ethical Decisions ◽  
The Right ◽  
Aid Decision

The paper describes the development of the 1998 revision of the Psychological Society of Ireland's Code of Professional Ethics. The Code incorporates the European Meta-Code of Ethics and an ethical decision-making procedure borrowed from the Canadian Psychological Association. An example using the procedure is presented. To aid decision making, a classification of different kinds of stakeholder (i.e., interested party) affected by ethical decisions is offered. The author contends (1) that psychologists should assert the right, which is an important aspect of professional autonomy, to make discretionary judgments, (2) that to be justified in doing so they need to educate themselves in sound and deliberative judgment, and (3) that the process is facilitated by a code such as the Irish one, which emphasizes ethical awareness and decision making. The need for awareness and judgment is underlined by the variability in the ethical codes of different organizations and different European states: in such a context, codes should be used as broad yardsticks, rather than precise templates.

Small Industry, Gimmicks and Moscow Statistics, or How the Small Russian Enterprise Came into the World (Russian Physiological Sketch, 1830-1840)

2009 ◽  
pp. 123-129
Author(s):  
Yu. Golubitsky
Keyword(s):  
Small Businesses ◽  
Statistical Data ◽  
Russian Enterprise ◽  
Small Enterprises ◽  
Business Practices ◽  
Way Of Life ◽  
The World ◽  
Small Industry ◽  
Xix Century

The article considers business practices of Moscow small industry in the XIX century, basing upon physiological sketches of N. Polevoy and I. Kokorev, statistical data and the classification of professions are also presented. The author claims that the heroes of the analyzed sketches are the forefathers of Moscow small businesses and shows what a deep similarity their occupations and a way of life bear to the present-day routine existence of small enterprises.

Problems of Legal Regulation in the Digital Space Relations

2020 ◽  
Vol 2 (2) ◽  
pp. 126-147
Author(s):  
A. N. Vashchekin ◽  
◽  
A. V. Dzedzinsky ◽  
Keyword(s):  
Theoretical Basis ◽  
Legal Regulation ◽  
Digital Environment ◽  
International Treaties ◽  
Digital Rights ◽  
Digital Space ◽  
Legal Method ◽  
Balance Of Interests ◽  
Basic Concepts ◽  
The Right

Introduction. The era of digitalization sets for researchers the task of systematizing the essential features of digital space, identifying the essence of the “right to the Internet” and the legitimacy of limiting the digital rights of citizens. Theoretical Basis. Methods. The authors studied the peculiarities of the digital environment as a specific integral area of legal regulation, the doctrine and legislation of several countries on the topic which determines the basis for the regulation of digital space in Russia. The formal legal method, synthesis, analysis, induction and deduction were used as research methods. Results. The wording of the basic concepts in the area under study is proposed: digital space, digital region, digital platform, etc. The measures to eliminate “digital wells” are indicated. The main properties of the information space and its derivatives are considered. The effects of any contradictions in the legislation of the country are shown. Discussion and Conclusion. As the study showed, the latest innovations in the legislation contravene the principle of the balance of interests, fail to meet the requirements of observing the rights of a person and citizen, and contradict the Constitution and international treaties of Russia. When comparing these measures with their foreign counterparts, a search was made for their potential shortcomings and proposals were presented on possible directions for their correction, taking into account the particular characteristics of digital space.

SOME PROBLEMIC ISSUES ARISING DURING THE PERFORMANCE OF A PUNISHMENT IN THE FORM OF DEPRIVATION OF THE RIGHT TO TAKE A CERTAIN POSITION OR TO PERFORM CERTAIN ACTIVITIES

2020 ◽  
pp. 54-57
Author(s):  
Ирина Александровна Лакина ◽  
Анна Борисовна Назарова
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Punishment ◽  
Initial Investigation ◽  
Scientific Analysis ◽  
The Russian Federation ◽  
The Right ◽  
Legal Character

В статье рассматриваются проблемные вопросы, возникающие при организации исполнения уголовного наказания в виде лишения права занимать определенную должность или заниматься определенной деятельностью. Анализируются статистические данные о количестве назначенных судами Российской Федерации наказаний и мер уголовно-правового характера, не связанных с лишением свободы, о количестве осужденных лиц, состоящих и прошедших по учетам уголовно-исполнительных инспекций Российской Федерации. Авторами статьи обосновывается необходимость осуществления первоначальных розыскных мероприятий в отношении изучаемой категории подучетных лиц и, как следствие, внесение соответствующих изменений в действующее законодательство Российской Федерации, в связи с тем что в настоящее время положения указанных нормативно-правовых актов не предполагают проведение первоначальных розыскных мероприятий и объявления в розыск осужденных к уголовному наказанию в виде лишения права занимать определенную должность или заниматься определенной деятельностью. В формате рекомендаций, направленных на повышение эффективности проведения первоначальных розыскных мероприятий, приводятся конкретные предложения, ориентированные на снижение показателя заведенных розыскных дел. Авторами статьи акцентируется внимание на необходимости дальнейшего научного анализа теоретических, практических и концептуальных аспектов, связанных с правоотношениями, возникающими при реализации уголовного наказания в виде лишения права занимать определенную должность или заниматься определенной деятельностью. The article deals with the problematic issues arising in the organization of execution of criminal punishment in the form of deprivation of the right to hold a certain position or engage in certain activities. Statistical data on the number ordered by the courts of the Russian Federation of punishments and measures criminally-legal character are not related to deprivation of freedom, the number of convicted persons which held the records of the penal inspections of the Russian Federation. The authors of the article substantiates the need to implement the initial investigation governmental activities in the study category of the registered individuals, and as a consequence, appropriate changes to the existing by-law of the Russian Federation, in connection with the, that now provisions of the specified normative legal acts do not assume carrying out initial search actions and announcements in search condemned to criminal punishment in the form of deprivation of the right to occupy a certain position or to be engaged in certain activity. In the format of recommendations aimed at improving the effectiveness of the initial search activities, specific proposals aimed at reducing the rate of opened search cases are presented. The authors of the article focus on the need for further scientific analysis of theoretical, practical and conceptual aspects related to legal relations arising in the execution of criminal punishment in the form of deprivation of the right to hold a certain position or engage in a certain activity.

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