scholarly journals Medical and legal problems of nursing children with extremely low body weight

2020 ◽  
Vol 65 (2) ◽  
pp. 99-103
Author(s):  
G. N. Komkova ◽  
A. V. Basova
Keyword(s):  
Body Weight ◽  
Law Enforcement ◽  
Medical Care ◽  
Scientific Literature ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Point Of View ◽  
Court Decisions ◽  
Medical Specialists ◽  
Legal Problems

The authors analyzed the Russian legislation, scientific literature and law enforcement practice on the nursing of newborns with extremely low body weight. They used the normative legal acts, scientific articles and court decisions on this topic. There were identified the problems of legal regulation of medical care to newborns with extremely low body weight, as well as the facts of infringement of the rights of doctors in cases of mortality of such children. The authors concluded that the legal regulation of medical care for children with extremely low body weight requires further improvement, careful analysis by medical specialists, since from a legal point of view there is no balance between the interests of children born with extremely low body weight, their parents and doctors.

Organizational and legal problems of the event initial investigative measures for sentenced to punishment in the form of compulsory labor, correctional labor and restriction of freedom

2020 ◽  
pp. 50-58
Author(s):  
Павел Николаевич Красоткин ◽  
Александр Николаевич Ласточкин
Keyword(s):  
Law Enforcement ◽  
Police Officers ◽  
Legal Regulation ◽  
Low Level ◽  
Legal Problems ◽  
Regions Of Russia

В статье рассматриваются некоторые вопросы правовой регламентации и практики проведения первоначальных розыскных мероприятий в отношении осужденных к наказаниям в виде обязательных работ, исправительных работ и ограничения свободы, уклоняющихся от контроля уголовно-исполнительных инспекций, а также исследованы проблемы их осуществления в некоторых территориальных органах Федеральной службы исполнения наказаний. К проблемам организационно-правового характера, связанным с порядком проведения первоначальных розыскных мероприятий в отношении указанных категорий осужденных, следует отнести: формулировку понятия первоначальных розыскных мероприятий; незаконное проведение мероприятий по установлению местонахождения осужденных к лишению права занимать определенные должности или заниматься определенной деятельностью; низкий уровень взаимодействия уголовно-исполнительных инспекций с полицией (по вопросам задержания, доставления в суд, представления интересов инспекций в судах) и судами (по вопросам замены наказания и обязательному личному присутствию осужденных в зале судебного заседания); границы полномочий сотрудников инспекций и полиции по вопросам задержания осужденных, направления представления в суд о заключении осужденного под стражу, их доставления в суд; особенности расчета сроков, установленных для проведения мероприятий; неопределенность сроков подачи в суд представления о замене ограничения свободы другим видом наказания; материальную ответственность осужденных; форму участия осужденных в судебном процессе; особенности сроков исчисления задержания; проведение первоначальных розыскных мероприятий в случае неявки осужденного для постановки на учет; особенности задержания уклоняющихся осужденных в других регионах России, других государствах. Высказываются предложения по совершенствованию российского законодательства и правоприменительной практики. The article discusses some issues of legal regulation and the practice of conducting initial investigative measures in relation for persons sentenced to punishment in the form of compulsory labor, correctional labor and restriction of freedom, evading control of penal inspections and also explores the problems of their implementation in some territorial bodies of the Federal Penal Service. The organizational and legal problems associated with the procedure for conducting initial investigative measures in relation to these categories of convicts include: the wording of the initial investigative measures; illegal measures to establish the whereabouts of persons deprived of their right to occupy certain positions or engage in certain activities; low level of interaction of the penal inspectorates with the police (regarding detention, transfer to court, representing the interests of inspections in the courts) and the courts (regarding the replacement of sentences and the mandatory personal presence of convicts in the courtroom); the boundaries of the powers of inspectorates and police officers in matters of detention of convicts, the direction of submission to the court on the detention of the convicted person, their transfer to court; features of calculating the deadlines set for events; the uncertainty of the deadline for filing with the court the idea of replacing the restriction of freedom with another type of punishment; liability of convicts; the form of participation of convicts in the trial; features of terms of calculation of detention; conducting initial investigative measures in case of non-appearance of the convicted person for registration; features of detention of evading convicts in other regions of Russia and other states. Suggestions are made for improving Russian legislation and law enforcement practice.

scholarly journals Coordinating activity of independent legal entities: issues of law enforcement in conditions of economy digitalization

2019 ◽  
pp. 60-67
Author(s):  
Yu. Yu. Borisova ◽  
I. V. Akimova
Keyword(s):  
Law Enforcement ◽  
Economic Activity ◽  
Legal Regulation ◽  
Point Of View ◽  
Operating Conditions ◽  
Negative Effects ◽  
Judicial Practice ◽  
Stage Of Development ◽  
Legislative Changes ◽  
The Coordinator

In article authors investigate questions of the operating legal regulation of coordination of economic activity of independent economic entities, including questions of its legisla- tive definition and signs. Article contains the detailed analysis of the most interesting examples of judicial practice and practice of antimonopoly authorities on the matter. Authors, analyzing the current legal regulation, also give an assessment to the planned changes in the legislation in this part and state the point of view about dependence of legal assessment of actions of the coordinator and the economic entities coordinated by it on operating conditions of commodity markets on which it is carried out. As a result of a research authors drew a conclusion on need of legislative changes in a part of admis- sibility of the forbidden coordination provided that the advantage for consumers of such coordination exceeds negative effects for the competition.A significant amount of works of the modern scientists and experts investigating a per- spective of institutes of the antitrust law is devoted to questions of legal qualification of coordination of economic activity of independent economic entities in legal scientific literature.The matter was also raised in publications and authors of the "Rossiyskoye Konkurent- noye Pravo I Ekonomika" magazine, at the same time, it should be noted that to consid- eration of questions of coordination of activity smaller attention is paid, than, for ex- ample, to questions of cartels.Thus, degree of scientific readiness of the matter in general is rather high, at the same time to authors the relevance of this subject and need of the analysis and assessment of the operating regulation taking into account economic features of the present stage of development of the markets seems to be of high interest.

Legal Risks and Challenges Related to Virtual Currencies

2021 ◽  
pp. 142-160
Author(s):  
Zsolt Halász
Keyword(s):  
Law Enforcement ◽  
Money Laundering ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Questions ◽  
Legal Risks

The appearance of the virtual currencies provokes several legal questions beyond their economic-monetary nature. The chapter focuses primarily from a legal point of view on the emergence of virtual currencies after a brief analysis of the concept and development of money, and analyses the related possible and probable legal risks and challenges in comparison to the operation of traditional (fiat) currencies either. The author provides a brief background of the technology of virtual currencies. The chapter considers specific issues that virtual currencies raise concerning the legal regulation in several fields, for example, exchange services, taxation, salaries, lending and borrowing in virtual currencies, law enforcement, money laundering, etc. Before the author assesses the impacts and probable functions of virtual currencies, it is indispensable to have also a look at the relations between state and money through the concept of monetary sovereignty and the related compatibility issues.

scholarly journals On Some Issues of Constitutional-Legal Regulation of Rural Life

2016 ◽  
Vol 3 (4) ◽  
pp. 80-85
Author(s):  
A A Afanasyev ◽  
S A Golovachev
Keyword(s):  
Public Policy ◽  
Law Enforcement ◽  
Social Studies ◽  
Social Development ◽  
Rural Areas ◽  
Scientific Literature ◽  
Legal Regulation ◽  
Rural Life ◽  
Policy Objectives ◽  
Regulatory Functions

In the article on the basis of scientific literature, social studies, law-enforcement practice are highlighted issues of legal regu- lation of rural life. Stresses the importance of the regulatory functions of the State based on law, proposes measures to its strengthening in achieving public policy objectives on sustainable integrated economic and social development of rural areas.

scholarly journals THE RIGHT TO LIFE FROM THE POINT OF VIEW OF PERSONAL AUTONOMY IN DECISION-MAKING ON EUTHANASIA (REVIEW OF THE ECHR PRACTICE AND THE LEGISLATION OF SELECTED COUNTRIES)

2021 ◽  
Vol 74 (11) ◽  
pp. 3108-3112
Author(s):  
Nataliia M. Akhtyrska ◽  
Yuriy V. Grodetskiy
Keyword(s):  
Law Enforcement ◽  
Personal Autonomy ◽  
Legal Regulation ◽  
Point Of View ◽  
Human Right ◽  
European Court ◽  
Logical Method ◽  
Legislative Support ◽  
The Right ◽  
Method Analysis

The aim: To analyze law enforcement practice on the basis of the national legislation of foreign states to single out features of legal regulation of the right to euthanasia realization and to outline the Ukrainian prospects of euthanasia legalization. Materials and methods: The empirical basis of the research is the legislation of some European countries (Belgium, Spain, Italy, Portugal, and the Netherlands) and Canada; decisions of the European Court of Human Rights on the right to voluntary death and the obligations of states; the results of a survey of 750 respondents conducted by the authors. The methodological basis of the study were philosophical views on life, death, and the right to certainty, formal-logical method (analysis, synthesis, induction, deduction, etc.), comparative, analytical, statistical, sociological methods of cognition, as well as a synergetic approach. Conclusions: The issue of legal regulation of euthanasia is multifactorial, socially conditioned, and requires a positive action of the state both in terms of regulation and/or prohibition, and the proper provision of citizens with health care. Legislative support for the human right to a “dignified death” is dictated, to some extent, by society’s demand, which must be finally resulted in the draft law. As for Ukraine, the adoption of such a law is obviously premature. Although according to a survey of citizens on euthanasia and the feasibility of introducing such a law in Ukraine, 57% are positive about the experience of other countries, and 41% were in favor of adopting a law in Ukraine, it is not possible to assess their opinion due to ignorance of legislation where euthanasia is allowed.

scholarly journals Prescribing Drugs not in Accordance with the Official Instructions for Medical Use (Off-label), Clinical Guidelines, Standards of Medical Care and Legal Regulation in the Russian Federation. Part 2

2021 ◽  
Vol 17 (2) ◽  
pp. 286-293
Author(s):  
A. R. Navasardyan ◽  
S. Yu. Martsevich ◽  
P. G. Gabay
Keyword(s):  
Medical Care ◽  
Clinical Guidelines ◽  
Alternative Therapy ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Point Of View ◽  
Off Label ◽  
Guidelines And Standards ◽  
The Impact

Prescribing drugs not in accordance with the official instructions for medical use (off-label) has medical and legal aspects. From a medical point of view, such an appointment can be dictated by clinical urgency, when there is no alternative therapy, and on the other hand, doctors often prescribe off-label drugs unknowingly, and also when there is another drug with registered indications. The article analyzes the regulations governing such appointments. The article describes possible inconsistencies between clinical guidelines and standards of medical care in this matter, the role of the medical commission, the impact on the quality and safety of medical care, as well as the types of legal liability of a medical worker that may arise when a drug is prescribed not according to instructions.

scholarly journals Legal problems of compliance with information regimes by medical workers in social networks

2021 ◽  
Vol 39 (3) ◽  
pp. 166-173
Author(s):  
A. V. Basova ◽  
◽  
M. V. Vlasova ◽  
Keyword(s):  
Social Networks ◽  
Medical Care ◽  
Skin Diseases ◽  
Legal Regulation ◽  
Virtual Space ◽  
Medical Services ◽  
Body Parts ◽  
Black Stripe ◽  
Legal Literacy ◽  
Legal Problems

In the context of the digitalization of society, social networks often become an integral part of the professional activity of a doctor. Publications of photo and video materials reflecting the various stages of providing medical care to patients on the personal pages of social networks of practicing doctors are available for viewing by an indefinite circle of people. The virtual space acts as a platform that determines the competence, professionalism of the doctor, the quality of the medical care provided by him. At the same time, when promoting medical services to the population through social networks, the personal pages of doctors in «Instagram» and «VKontakte» show illustrative examples of medical practice: photos of patients' faces and body parts before receiving medical services (operations, cosmetic procedures, treatment of skin diseases, diet therapy), followed by the presentation of exceptionally successful results. At the same time, photos are often shown without means of correcting biometric personal data of patients, which reduce the risk of their identification on the Internet (applying a black stripe on the face or body parts, "blurring" identification zones). Such publications may contain inappropriate information for the perception of children of certain age groups. Formal legal, logical, statistical, and systematic research methods were used. Based on the survey of doctors who conduct social networks for work purposes, the level of their legal literacy and legal problems of maintaining professional social accounts are determined. Based on the analysis of the sources of legal regulation of medical activity, the obligation to comply with the information regimes of medical workers in social networks, the authors attempt to form a legal regulation of the conduct of social networks by medical workers in Russia. A complex, multi-level system of legal regulation of public relations to ensure the availability of information by medical professionals in social networks is revealed. A number of organizational measures are proposed to improve the level of legal literacy of practitioners, and practical recommendations are given on the proper use of photo and video materials of patients in social networks to avoid disputes between participants in these relationships

scholarly journals Certain Aspects of the Analysis of Cryptocurrency Transactions during the Prevention and Investigation of Crimes

2021 ◽  
Vol 80 (1) ◽  
pp. 93-100
Author(s):  
В. В. Носов ◽  
І. А. Манжай
Keyword(s):  
Law Enforcement ◽  
Legal Regulation ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Risk Levels ◽  
Advantages And Disadvantages ◽  
Blockchain Technology ◽  
Stage Of Development ◽  
Current State ◽  
Current Stage

The analysis of separate tools for the visualization of movement of cryptocurrency values, and also identification of users who carried out the corresponding transactions has been carried out. The advantages and disadvantages of cryptocurrency from the point of view of offenders and law enforcement agencies have been studied. The main directions of using cryptocurrency in a criminal environment have been determined. The current state and perspectives of normative and legal regulation of cryptocurrency in Ukraine have been analyzed. Theoretical principles of cryptocurrency functioning have been studied. The basic concepts used in this area have been revealed. The properties of cryptocurrency have been described. The mechanism of its issuance of guaranteeing pseudo-anonymity while working with cryptocurrency has been outlined. Some features of blockchain technology and formation of cryptocurrency addresses have been revealed. It has been noted that one of the first and most well-known cryptocurrency is bitcoin. The format of bitcoin address presentation has been described. It has been emphasized that bitcoin wallet software can operate with any number of addresses or each address can be served by a separate wallet. The technology of mixing transactions and the method of increasing the anonymity of CoinJoin have been described. The authors have revealed the possibilities of separate services intended for the analysis of cryptocurrency transactions (Maltego, Bitconeview, Bitiodine, OpReturnTool, Blockchain.info, Anyblockanalytics.com, Chainalysis, Elliptic, Ciphertrace, Blockchain Inspector). The process of risk assessment and construction of visual chains of cryptocurrency transactions has been demonstrated on the example of the “Crystal Expert” service. Different types of bitcoin addresses’ holders and risk levels have been described. The main and additional investigation tools used on the “Crystal Expert” platform have been revealed. Based on the conducted analysis, the authors have defined the main tasks for law enforcement agencies at the current stage of development of cryptocurrency. The basic requirements for tools designed for cryptocurrency analysis have been outlined. The authors have suggested some measures of law enforcement agencies’ respond to threats related to cryptocurrency.

scholarly journals Problems of legal regulation of the advertising billboards installation on the road easement areas

2019 ◽  
pp. 42-46
Author(s):  
V. V. Vladimirov ◽  
D. V. Vasilyev
Keyword(s):  
Comparative Analysis ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Road ◽  
Right Of Way ◽  
Legal Problems ◽  
State Regulator ◽  
On The Road ◽  
The Right

The article is devoted to a comparative analysis of the legal problems of placing advertising structures in the right of way from the point of view of the state regulator. The conclusion is substantiated that the order of the Federal Road Agency dated October 24, 2016 No. 2192-r regarding the requirement to conclude an easement agreement for the installation of an advertising structure violates the current legislation of Russia on advertising. The position of the antimonopoly authorities on the issues of monitoring compliance with the legislation regarding the placement of advertising structures in the right of way of the road is formulated.

Modern Civilistic Instruments of Medical Reform: Issues of Law Implementation and Law Enforcement

2020 ◽  
Vol 27 (3) ◽  
pp. 109-127
Author(s):  
Iryna Senyuta
Keyword(s):  
Primary Care ◽  
Law Enforcement ◽  
Medical Care ◽  
Primary Care Physician ◽  
Legal Regulation ◽  
Care Physician ◽  
Third Parties ◽  
Medical Reform ◽  
Judicial Practice ◽  
The Right

The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane

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