scholarly journals Historical Zigzags of the Physician’s Legal Liability

2020 ◽  
Vol 12 ◽  
pp. 74-80
Author(s):  
Egor O. Danilov ◽  

The article is devoted to studying the history of the issue of legal liability of doctors. It is noted that in Russia over the past 300 years, the legal regulation of doctors’ liability for negligent harm has undergone a number of multidirectional changes: first, the legalization of sanctions on the talion principle (XVII– XVIII centuries), then actual decriminalization (mid-XIX century), and then the transition to the practice of criminal prosecution on a general grounds (beginning of XX century).

2018 ◽  
Vol 1 ◽  
pp. 46-56
Author(s):  
Aleksandr V. Fedorov ◽  
◽  
Mikhail V. Krichevtsev ◽  

The article reviews the history of development of French laws on criminal liability of legal entities. The authors note that the institution of criminal liability of legal entities (collective criminal liability) dates back to the ancient times and has been forming in the French territory for a long time. Initially, it was established in the acts on collective liability residents of certain territories, in particular, in the laws of the Salian Franks. This institution was inherited from the Franks by the law of the medieval France, and got transferred from the medieval period to the French criminal law of the modern period. The article reviews the laws of King Louis XIV as an example of establishment of collective criminal liability: the Criminal Ordinance of 1670 and the Ordinances on Combating Vagrancy and Goods Smuggling of 1706 and 1711. For the first time ever, one can study the Russian translation of the collective criminal liability provisions of the said laws. The authors state that although the legal traditions of collective liability establishment were interrupted by the transformations caused by the French Revolution of 1789 to 1794, criminal liability of legal entities remained in Article 428 of the French Penal Code of 1810 as a remnant of the past and was abolished only as late as in 1957. The publication draws attention to the fact that the criminal law codification process was not finished in France, and some laws stipulating criminal liability of legal entities were in effect in addition to the French Penal Code of 1810: the Law on the Separation of Church and State of December 9, 1905; the Law of January 14, 1933; the Law on Maritime Trade of July 19, 1934; the Ordinance on Criminal Prosecution of the Press Institutions Cooperating with Enemies during World War II of May 5, 1945. The authors describe the role of the Nuremberg Trials and the documents of the Council of Europe in the establishment of the French laws on criminal liability of legal entities, in particular, Resolution (77) 28 On the Contribution of Criminal Law to the Protection of the Environment, Recommendation No. R (81) 12 On Economic Crime, the Recommendation No. R (82) 15 On the Role of Criminal Law in Consumer Protection and Recommendation No. (88) 18 of the Committee of Ministers to Member States Concerning Liability of Enterprises Having Legal Personality for Offences Committed in the Exercise of Their Activities. The authors conclude that the introduction of the institution of criminal liability of legal entities is based on objective conditions and that research of the history of establishment of the laws on collective liability is of great importance for understanding of the modern legal regulation of the issues of criminal liability of legal entities.


Author(s):  
Andrey P. Elchaninov ◽  

Тhe article examines the main provisions of the Russian legislation and international treaties of the Russian Empire in the second half of the XIX century, govern the extradition of persons who committed crimes on the territory of Russia for their conviction in a state, which citizens they are, and also Russian citizens who have committed crimes in foreign countries, to condemn them in Russia. The use of the historical-comparative method allowed the author to conclude that the main provisions of the extradition of criminals to foreign countries, formulated by domestic lawyers in the second half of the XIX century, served as the basis for the development of this legal institution in modern Russia.


Author(s):  
Veronika Ryjik

This chapter surveys the history of Russian translations of Golden Age Spanish theatre from the early 18th century until now, with a special focus on the relationship between translation trends and performance history. Our main goal is not only to document all known Russian translations of Spanish classical plays completed in the past 300 years, but also to elucidate the processes by which translation took part in the development and transformation of a specifically Russian comedia canon.


1992 ◽  
Vol 29 (8) ◽  
pp. 1746-1755 ◽  
Author(s):  
Michael J. Bovis ◽  
Penny Jones

Large earthflows in south-central British Columbia have exhibited regionally consistent fluctuations in their movement during the Holocene. Over the past 60 years, air photographs show that many earthflows were reactivated during the relatively wet period 1950–1985. Over the past 300 years, a fairly coherent relationship is established between periods of wetter climate, defined by the tree-ring record, and phases of slope movement, defined by the record of compression-wood development in conifers located near earthflow headscarps. On a time scale of several thousand years, stratigraphic evidence shows that many large earthflows in the region underwent significant reactivation of movement in the post-Mazama period, during the relatively wet, cool Neoglacial interval of the Holocene. These lines of evidence indicate that Holocene hydroclimatic changes have exerted an important influence on the regimen of large earthflows. Earthflows present a wealth of paleogeomorphic information, hitherto largely neglected, that allows a reconstruction of the changing rate of mass movement with time.


2021 ◽  
Vol 117 (4) ◽  
pp. 36-47
Author(s):  
BORYSOV Yevhen

Background. The analysis of the evolution of the regulation of the navy cannot be carried out without considering the reflection of the relevant aspects in the naval historical thought. These scientific researches first of all have no legal orientation and have as their subject the content and nature of the activity of the navy, in particular in measuring its formation and development. At the same time, their generalization and evaluation in the legal dimension would be useful in the context of determining the relationship between historical thought and the development of naval law. An analysis of recent research and publications has shown that, despite aspects of the attention of legal historians to the issue of regulatory support of the armed forces, there is no relevant works on the evolution of the legal regulation of the navy. The aim of the article is to correlate global historical thought and legal support for the activities of the navy. To solve this goal, it is necessary to determine the development of relevant historical thought, to characterize its implementation in the works on naval doctrine and strategy, to assess the importance of relevant works for the development of naval law. Materials and methods. In the course of the research historical-legal, comparative, systemic, epistemological, hermeneutic, biographical methods were used. Results. The reflection of aspects of legal regulation of activity of naval forces in works of historians of fleet is investigated. The formation of the history of the navy from the seventeenth century in terms of special research and works on naval tactics and strategy is considered. It is proved that at the first stage these researches had the character of empirical generalization and provision of tactical activity of the sailing and then mechanized fleet, but from the end of the XIX century this experience was gained in the development of a maritime strategy. Conclusion. Historical studies of naval development first emerged at the appropriate scientific level as part of the development of naval tactics and strategies by French, British and American authors, whose works constitute an interconnected universal and universally recognized system of scientific research begun in the late seventeenth century. At the first stage, these studies were in the nature of empirical generalization and ensuring the tactical activities of the sailing and then mechanized fleet. But from the end of the XIX century this experience was gained in the development of a naval strategy, which gained universal character and indisputable authority for the naval forces of the most countries. In addition to use in works on naval tactics and strategy, the history of the navy from the eighteenth century reflected in biographical works, and in the twentieth century the most of the relevant historical works began to have the character of memoirs. Because the world-renowned fundamental works on naval strategy and tactics belong primarily to American and British authors, the domestic dimension of historical scientific research in this area is extremely limited. Thus, these issues require new research. Keywords: naval forces, history of navy, naval law, naval doctrine, naval strategy.


2020 ◽  
Vol 6 (3) ◽  
pp. 591-598
Author(s):  
A. Akynbekova

The issue of the existence of Kyrgyz literature and literary language prior the Soviet period has not yet been resolved and still remains an open topic for discussion. There is no nation without a writing system, the history; the past and experience of folk are presented to the next generation through written system. This paper provides information about the formation stages of Kyrgyz literature and literary language, written works, documents and letters written in one of the Turkic languages — Kyrgyz in the pre-Soviet period, especially in the XVIII–XIX centuries. Also, in this paper there are an assessment of ideas, criticism and opinions of Kyrgyz culture researches about Kyrgyz written system such as: A. Kanymetov, S. S. Danyarov, philologists turkologists: I. A. Batmanov, K. K. Yudakhin, S. E. Malov, V. M. Ploskikh, E. Tenishev, A. Nallo, B. M. Yunusaliev, S. K. Kudaibergenov and Kh. K. Karasaev. In this study we attempted to determine the creation dates of some written works found today. The found documents and manuscripts, relating to the middle of the XIX century, create more opportunities for linguistics’ study, for ideas and suggestions on the status of the Kyrgyz language as being Turkic of almost sesquicentennial prescription. We tried to provide the most information on the topics of study and collection of works, characterized as the most significant documents of Moldo Niyaz — one of the first representatives of ‘zhazgych akyn’s’ (reading and chronicling improvising poets). The fact that the turkologists linguists did not carry out the necessary works and did not present documentary evidence of the Kyrgyz written language results to the opinion of non-existence of Kyrgyz written language, thus literary language. However, to the present day the activities of collection of the original manuscript’s copies of ‘zhazgych akyn’s’ important representatives among the public, a compilation of manuscripts, and their linguistic studies are still ignored. This kind of work will be a valuable and useful resource for large text research in the field of hermeneutics.


2021 ◽  
Vol 4 ◽  
Author(s):  
Axel Bohmann ◽  
Martin Bohmann ◽  
Lars Hinrichs

We explore the relationship between word dissemination and frequency change for a rapidly receding feature, the relativizer whom. The success of newly emerging words has been shown to correlate with high dissemination scores. However, the reverse—a correlation of lower dissemination scores with receding features—has not been investigated. Based on two established and two newly developed measures of word dissemination—across texts, linguistic environments, registers, and topics—we show that a general correlation between dissemination and frequency does not obtain in the case of whom. Different dissemination measures diverge from each other and show internally variable developments. These can, however, be explained with reference to the specific sociolinguistic history of whom over the past 300 years. Our findings suggest that the relationship between dissemination and word success is not static, but needs to be contextualized against different stages in individual words’ life-cycles. Our study demonstrates the applicability of large-scale, quantitative measures to qualitatively informed sociolinguistic research.


2018 ◽  
Vol 1 (1) ◽  
pp. 36-74
Author(s):  
Safet Bandžović ◽  

The past and the present are inseparable, one interprets the other. Many "long-lasting" processes go beyond local frameworks and regional borders. This also applies to the complex "Eastern question", as well as the problem of the deosmanization of the Balkans, whose political geography in the 19th and 20th centuries was exposed to radical overlaps. Wars and persecutions are important factors in the history of Balkan Muslims. In the seventies of the XIX century, they constituted half of the population in the Ottoman part of the Balkans. With war devastation, a considerable part was killed or expelled to Anadolia between 1870 and 1890. The emergent "Turkish islands" in the Balkans after 1878 were increasingly narrowed, or disappeared due to the displacement of Muslims. Multiethnic and religious color of the Balkans disturbed accounts with simple categorizations. The term "balkanization" signified, after the Balkan wars of 1912-1913, "not only the fragmentation of large and powerful political units, but became synonymous with returning tribal, backward, primitive, and barbaric." The Balkanization of "Ottoman Europe" and the violent changes in its ethnic-religious structure led to discontinuity, the erosion of history, as well as fragmentation of the minds of the remaining Muslims and their afflicted communities, the lack of knowledge of the interconnectedness of their fates. The emigration of Bosniaks and other Muslims of different ethnic and linguistic backgrounds from the Balkans to various parts of the Ottoman Empire, and then to Turkey, during the XIX and XX centuries, had a number of consequences.


2020 ◽  
Vol 10 (4) ◽  
pp. 91-98
Author(s):  
JEANNA NIKOLAEVA ◽  

The publication analyzes the policy in the field of legal liability for tax crimes in the Russian Federation and the States with which the Russian Federation has stable economic ties - Germany, Spain, France, China, the States of the Eurasian economic Union and the Commonwealth of independent States. The study suggests that the policy of States that are economic partners of the Russian Federation demonstrates a more severe approach to non-fulfillment of tax obligations. As a result of the study of foreign legislation, no States have been identified that have more lenient sanctions for tax crimes. Legal regulation of legal liability for violation of tax legislation in comparison with Russian legislation is characterized by long periods of limitation for criminal liability. Criminal law prohibitions do not contain an imperative requirement to exempt a defaulter from criminal prosecution in the event of payment of arrears and other compensation accruals (with the exception of the republics of Kazakhstan and Uzbekistan). In contrast to the Russian Federation, most countries criminalize actions related to ignoring the obligation to maintain accounting records, hiding or destroying accounting documents (China, France, Spain, etc.). It is concluded that the Russian Federation is a less protected tax jurisdiction in comparison with the States with which it has economic ties. The existing imbalance of liability for violations of tax and fee legislation creates prerequisites for the use of Russian tax jurisdiction in unfair tax strategies. When determining the vector of Russian state policy in the sphere of liability for non-fulfillment of tax obligations, it is not advisable to ignore this significant circumstance.


Author(s):  
Zhanna Nikolaeva

The author analyzes statistical information on tax crimes, the causes of the fluctuation of their quantitative parameters, and the impact of the economic downturn on tax crimes. Data characterizing the personality of tax offenders are presented. Determinants of tax crimes are examined. The author studies data that reflect the impact of the economic downturn of 2015-2016 and the subsequent stabilization of the economy on the observance of tax obligations. The key determinants of tax crimes that constitute its causal complex are recognized to be self-interest, a desire to get excess profit, and a reluctance to conduct business using common rules. Modern tax crimes have features typical of «white collar» crimes: openness of committing crimes that are made to look like legitimate business activities; use of the intellectual potential of highly qualified specialists for the development and improvement of criminal tax strategies, protection of criminal actions against exposure and prosecution; considerable material damage from crimes; long-term character of criminal activities; focus on using the advantages connected with tax evasion in competition. The author analyzes the norm of legal liability for breach of the law on taxes and duties. It is noted that the gains of tax evasion are higher than the material losses that could be incurred if the fact is exposed. The bigger the amount of uncollected taxes, the less significant the criminal law punitive sanctions are in comparison with it. There is not risk of becoming a subject of criminal prosecution for ignoring the duty to obtain documentation for business activities, for hiding or destroying accounting documentation. The author shows that the insufficiency of criminal law measures of restraining legal deviations regarding tax obligations and the defects of normative legal regulation of legal liability for tax delicts become the determinants of tax crimes because they promote the idea of impunity. Besides, the drawbacks of legal liability for violating the legislation on taxes and duties create conditions for the self-determination of tax crimes and for the formation of shadow economy in the Russian Federation.


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