scholarly journals The Right to Cyborgization in Slovenia

2019 ◽  
Vol 12 (1) ◽  
pp. 1-16
Author(s):  
Blaž Ivanc
Keyword(s):  
Ethical Dilemmas ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Human Organism ◽  
Human Being ◽  
Technological Interventions ◽  
The Right ◽  
The Way

The article deals with the legal aspects of the phenomenon of cyborgization. There is a structured debate about legal and ethical admissibility of the use of scientific and technological interventions in the field of biomedicine, by which we transform or supplement the functioning of the natural human organism in the direction of an increasingly artificial human being. In the discussion, we ask ourselves, to what extent or in what sense it’s possible to talk about the right of a person to cyborgization. After discussing the typology of scientific and technological interventions or technologies that can be classified in the field of cyborgization, the discussion draws attention to ethical dilemmas. First, it identifies the distinction between medically indicated interventions, which means cyborgization, and medically unindicated. In the next step, the discussion deals with the distinction between cyborgization interventions, which must be controlled from the point of view of ethics, and other interventions. It tries to define the typology of existing or future unethical and unlawful interventions. Finally, the discussion opens the questions on the way, content and approach to the legal regulation of the phenomenon of cyborgization and attempts to assess the quality of the current legal regulation of that area.

scholarly journals Legal aspects of activity and development of personal peasant farms in Ukraine: problems and prospects of development

2020 ◽  
pp. 53-58
Author(s):  
M.Yu. Pokalchuk ◽  
V.S. Suslova
Keyword(s):  
Maximum Size ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Theoretical Point ◽  
Legal Form ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Peasant Economy

The article is devoted to the analysis of legal aspects and basic principles of activity of personal peasant economy in Ukraine. The efficiency of creating such a form of management is also analyzed and attention is paid to the shortcomings in its legal regulation. Based on the legislative definition of personal economic, the article formulated proposals for the legal regulation of their activities. Peculiarities of the right to use land plots as a basis for personal farming are given. The maximum allowable area of land used by personal farms has been identified. Emphasis is placed on cases of increasing this size from a practical and theoretical point of view. The purpose of this article is to analyze the activities of personal farming. Analyze aspects of land lease, eliminate shortcomings in legislation and make proposals to address issues. The authors concluded why the owners of private farms violate the law and illegally exceed the maximum size of land for farms of this organizational and legal form. Given that members of the personal peasant economy abuse the advantages provided by the state to carry out such activities, attention is paid to the moment of transition of the personal peasant economy to the farm. Aspects of taxation of the personality of peasant farms are analyzed and the possibility of reduction to privileged categories at transformation in a farm is offered. The legal aspects of renting private farms are also studied. Based on the analysis of indicators of lease of farms of this organizational and legal form, we provide proposals for the regulation of regulations on issues related to aspects of the activities and development of personal farms and the institution of lease.

scholarly journals Ethics and legal aspects of the right to die with dignity

2021 ◽  
Vol 18 (2) ◽  
pp. 213-230
Author(s):  
Ivana Mirevska
Keyword(s):  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Right To Die ◽  
Passive Euthanasia ◽  
Personality Rights ◽  
Ethical Point ◽  
Desire To Die ◽  
The Right ◽  
Active And Passive Euthanasia

Euthanasia is in liaison with ethics and law. This paper, which aims to contribute to the expert public debate on the introduction of euthanasia into Serbian legislation, the term terminology - euthanasia (as the Right to Die with Dignity) is the first to have been terminologically clarified. Furthermore, the text considers the obligations of other persons, arising out of this right and under what conditions the obligations of other persons arising from the said right constitute a restriction of their personality rights. By citing examples in the field of ethics and law, the text notes that the distinction between active and passive euthanasia is in fact a product of inadequate thinking in the implementation of this distinction. Based on the ethical argumentation of the double effect, also the text points to the inadequacy of the ethical approach in the function of legal regulation of the problem of euthanasia. Using abundant literature, which, from the legal and ethical point of view, problematizes euthanasia, the author has come to conclusion that the right to dignity is a social value that needs to be lawfully formulated, so that possible abuses can be prevented - and at the same time avoiding burdening the burden of responsibility to other persons (whether or not these are subjects of the judiciary or medicine), who should implement the patient's desire to die with dignity. Also, the author sought to base this article on the belief that Serbian legislation should legally shape the conditions for active direct euthanasia.

ECONOMIC AND LEGAL STATUS OF THE CONSULTING ENGINEER IN UKRAINE: REGULATORY PROBLEMS

2017 ◽  
Author(s):  
Alla Brovdii ◽  
Keyword(s):  
Economic Activity ◽  
Legal Status ◽  
Road Construction ◽  
Legal Aspects ◽  
Legal Form ◽  
Employment Contracts ◽  
Economic Relations ◽  
Definition Of ◽  
The Right

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.

scholarly journals Structured, Analytical and Critical Thinking in the Educational Process of Future Teachers

2020 ◽  
Vol 10 (3) ◽  
pp. 111-118
Author(s):  
Pavel Beňo ◽  
Patrik Havan ◽  
Sandra Šprinková
Keyword(s):  
Critical Thinking ◽  
Creative Thinking ◽  
Educational Process ◽  
Point Of View ◽  
Problem Solving Skills ◽  
Main Method ◽  
Level Of Thinking ◽  
Access To Knowledge ◽  
The Right

AbstractIntroduction: In this article, we want to point out what kind of pedagogical and didactic change is being recorded in Slovakia’s education system and we will point out where it could go and develop to achieve positive results. This article is one of the upcoming outputs in the form of paper and study on the provision of structured, analytical and critical thinking (SAC). In the article, it is shown how the situation has changed and how we perceive the attitude of students during the educational process. Next, it is described current problems and inadequacies in the educational process and define how to use a change of thinking to increase motivation and improve access to knowledge.Purpose: In general, there is a consensus that it is important for teachers to be able to guide their students to problem-solving skills (Aktaş & Ünlü, 2013). It is pointed out that, with the right educational tools, such skills can be stimulated, developed and improved (Jordaan & Jordaan, 2005). This article is designed for all levels of education, but we are mostly concerned with educating future educators.Methods: In this paper, there are described methods that can help to improve the quality of thinking of students and thus increase the level of thinking of the whole society. This article take inspiration from important historical personalities as well as relevant current personalities in their professions. Critical, analytical and creative thinking, also based on logical and structured thinking, is our main method of our educational process.Conclusion: In conclusion, it is pointed out the need to develop SAC as a whole. It is important for the general publica to have better skills in SAC, for example, from the point of view of cognitive mistakes in experts, in the field of political literacy, recognition of misinformation and a better general awareness of rational thinking. As can be seen, SAC is not only about education, but it also closely affects society as a whole. It can thus influence the operation of the company, prevent the development of the first-class solutions offered and raise the whole company to a higher level.

scholarly journals Legal nature of the requirements of the banking legislation of Ukraine to ensure credit operations of banks

2021 ◽  
pp. 297-305
Author(s):  
Anatoliy Babaskin
Keyword(s):  
Credit Card ◽  
Civil Law ◽  
Legal Regulation ◽  
Functional Method ◽  
Point Of View ◽  
The European Union ◽  
Scientific Publications ◽  
Economic Point ◽  
Legal Nature ◽  
The Right

Іintroduction. Despite the fact that a significant number of scientific publications by well-known Ukrainian authors are devoted to the issues of legal regulation of credit obligations, at the same time separate studies of banking legislation requirements on "acceptability of collateral" have not been conducted in Ukrainian civil science in recent years. This, taking into account the gradual alignment of banking legislation of Ukraine with the standards of Basel III, and Directive 2002/47 / EC of the European Parliament and of the Council of 6 June 2002 on financial collateral mechanisms, necessitates such scientific research. The aim of the article. On the basis of the analysis of the legislation of Ukraine, the legislation of the European Union, scientific advances in the sphere of civil law and banking legislation, in the context of the analysis of the banking legislation of Ukraine, it is safe for creditors. In order to achieve this goal: 1. Conduct an analysis of civil and legal species for the protection of crops for the subject of іх possible delivery to “acceptable safety” and vrahuvannya banks when opening a credit card. 2. Significantly "quasi-security", as viewed by the banking legislation in the form of "acceptable security" for credit cards. 3. Zdіysniti analysis of the approaches to the legislation of the EU in the field of protection from credit denominations. Results. The methodological basis of the study is general scientific and special legal methods of scientific knowledge. In particular, the dialectical method, the method of analysis and synthesis, the comparative law method, the functional method, the modeling method, etc. Conclusions. First, the banking legislation does not consider as "acceptable collateral" such types of collateral as penalty, surety, deposit, retention. Secondly, the banking legislation considers as "acceptable collateral" not only those specified in Part 1 of Art. 546 of the Civil Code of Ukraine types of security for performance of obligations (pledge, right of trust ownership, guarantee), and other types of security for performance of obligations provided by law or contract (reserve letter of credit, performing the function of financial guarantee, guarantees of public entities, guarantee payment), but also contractual constructions which do not concern types of maintenance of performance of obligations (repo agreements). Thus, the banking legislation considers collateral in credit operations from the economic point of view, according to which "acceptable collateral" is only such liquid collateral that guarantees the rapid recovery of the property of the creditor bank, which suffered damage due to default or improper performance of the counterparty loan obligation, as well as "quasi-collateral", if such is referred by banking legislation to "acceptable collateral". Third, the existence of rules in the banking legislation on the acceptability of collateral in no way affects the right of banks to use any type of collateral provided by law or contract, if the application of such is possible in credit relations, taking into account the legal nature of the relevant types. software. Fourth, the set of regulations of the National Bank of Ukraine on the acceptability of collateral can be considered as an institution of banking law, which includes as rules of civil law governing the types of collateral, other rules of contract law governing other "quasi-collateral" contractual constructions, as well as public-law special norms of banking legislation, which establish additional regulatory requirements for banks to ensure credit operations and calculate credit risk.

scholarly journals Gender problems in newborns: social, medical and legal aspects

2019 ◽  
Vol 64 (3) ◽  
pp. 124-128
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Sexual Development ◽  
Developmental Disorders ◽  
Coming Of Age ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Self Determination ◽  
Constitutional Principle ◽  
The Right

Objective of the study. To analyze the modern literature on the legal regulation of the determination of the sex of newborns with disturbances of sexual development in Russia and abroad, as well as the right of these children for self-determination of their sex upon coming of age. Material and methods. The review is based on the domestic and foreign literature published overthe past 7 years, including in Pubmed. Results. There were revealed the modern problems of the legal regulation of determining the sex of newborns with developmental disorders in the territory of the Russian Federation. Conclusion. The right to the sex self-determination of  the children born with impaired sexual development upon coming of  age requires careful analysis by medical experts, as from a legal point of view it contributes to a more complete implementation of the constitutional principle of equality regardless of gender and ensures human rights in accordance with their perception and attitude.

scholarly journals Democratic Representatives As Epistemic Intermediaries

2020 ◽  
pp. 154-179
Author(s):  
Michael Fuerstein
Keyword(s):  
Vertical Integration ◽  
Point Of View ◽  
Horizontal Integration ◽  
Democratic Representation ◽  
The Right

This chapter develops a model of democratic representation from the standpoint of epistemic theories of democracy. Such theories justify democracy in terms of its tendency to yield decisions that “track the truth” by integrating asymmetrically dispersed knowledge. From an epistemic point of view, I suggest, democratic representatives are best modeled as epistemic intermediaries who facilitate the vertical integration of knowledge between policy experts and non-experts, and the horizontal integration of knowledge among diverse non-experts. The primary analytical payoff of this model is that it provides a clear rationale for variation in the norms and institutionalization of representative behavior. Sometimes a delegate-like approach is the right one, and sometimes a trustee-like approach is better. The key determinant is the effect of these models on the epistemic quality of outcomes under different circumstances. Toward the end of the chapter, the model is applied to the present revival of populism and considers its implications in that context.

Public Servitudes for the Certain Types of Facilities Placing: Towards a Discussion on Public Interest Presence

2021 ◽  
Author(s):  
A.P. Ushakova ◽  
Keyword(s):  
Public Interest ◽  
Legal Regulation ◽  
Public Law ◽  
Point Of View ◽  
Private Interest ◽  
Public Interests ◽  
The Public ◽  
Private Interests ◽  
Arbitrary Decision ◽  
The Right

From the standpoint of the dominant interest criterion the article examines the justification of the legislator`s decision to apply public law methods in order to regulate relations concerning the use of land for infrastructural facilities placing. The author gives the arguments in favor of understanding the public interest as the interest of the whole society as a system, rather than the interest of an indefinite range of persons or the majority of the population. The author concludes that there is the simultaneous presence in the specified legal relations and private interests of the participants of legal relations, and public interests of society as a system. Both types of interests in these legal relations are important, but in terms of different aspects of the legal impact mechanism. Public interest is important because its realization is the purpose of legal regulation of this type of legal relations, from this point of view it acts as a dominant interest. The private interest of the holder of a public servitude is important as an incentive to attract the efforts of private individuals to achieve a publicly significant goal. The private interest of a land plot owner is important from the point of view of securing the right of ownership. It is substantiated that the public servitude is not an arbitrary decision of the legislator, but an example of application of the incentive method in the land law, which provides a favorable legal regime for a socially useful activity.

Shelter Cats: From Admission to Adoption—Ethical and Welfare Concerns

2019 ◽  
Vol 2 (1) ◽  
pp. 57-67
Author(s):  
Sara Fragoso
Keyword(s):  
Ethical Issues ◽  
Population Control ◽  
Local Communities ◽  
Emotional Factors ◽  
Societal Values ◽  
Knowing That ◽  
The Right ◽  
Near Future ◽  
The Way

Abstract Despite the growing popularity of cats as pets, many cats end up housed for long periods of time in shelters. These shelters are increasingly under the spotlight by local communities in the way in which they deal with problematic issues, for they may be seen as an example or as target of criticism. In regards to cat (re)homing there are several relevant welfare and ethical issues. Shelters should have a proactive and well-defined strategy to improve welfare and reduce the number of sheltered cats. Those with the authority to make decisions should consider the available resources and hold in perspective the viewpoints of others, especially that of the cat. The challenge is to avoid judgments based on our own quality of life standards which may lead to decisions based on emotional factors to manage the situation. Is it moral for humans to poses the power to determine a cat’s fate? Despite not having an answer for what is the right solution, the way to proceed should be clearly defined. If there is a strategy and a plan, there is an opportunity to readjust and improve. What are the main reasons for all these problems? Most of the related questions don’t have direct answers. However, instead of reacting in order to solve the problem, we should proactively focus on prevention, mainly through population control and education, knowing that what seems good and right at that moment might be considered wrong and obsolete in a near future, in the light of the development of scientific knowledge and societal values.

scholarly journals The Economic Analysis of the Law in the Sphere of Public Law Regulation of Activity of Economic Entities

2019 ◽  
Vol 62 ◽  
pp. 10005
Author(s):  
S.P. Bortnikov
Keyword(s):  
Public Relations ◽  
Economic Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Economic Science ◽  
Economic Analysis Of Law ◽  
Economic Management ◽  
Time Interaction ◽  
Neoclassical Economic Theory ◽  
The Right

The relevance of work is caused by importance of correlation of the legal methods established by the power and the economic maintenance of the adjustable relations. In article the general approaches to legal regulation of economy, on the one hand, and to the economic analysis of law – with another are analyzed. The author argues the point of view according to which the correlation "law and economy" and differentiation of the economic analysis of continental and common law is necessary. Arguments in support of the centralized legal regulation and economic management of economy are adduced. Further author's main characteristics "the economic analysis of law" in the changing state of the Russian Federation, since 1990 are granted. In the most general sense methodological and ideological bases of approach to definition of legal regulation of economic management in the socialist and capitalist state are defined. According to the author, capitalism is also the deadlock direction of economic development. The approach existing in an economics represents attempt to extend phenomena of the neoclassical economic theory and neo institutionalism to the spheres of the public relations which are not connected with economy (i.e. economic approach to all social problems). Demand is not exclusively economic category, it extends also to the sphere of the right which is estimated also on availability, the price, alternative costs, usefulness. The author proves need of the researches covering boundary subject of law and economy. Arguments in support of this point of view are adduced. The conclusion is in conclusion drawn that need of researches on a joint of the right and economy is obvious now, and it concerns not only legal, but also equally economic science. At the same time interaction of sciences has to be carried out as equals, and amendments have to concern both fields of knowledge. In this regard researches "the rights and economies" can become one of the most perspective directions of development within both law, and economy.

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