scholarly journals Veterinary necropsy in the light of ethics and law

2019 ◽  
Vol 75 (05) ◽  
pp. 6281-2019
Author(s):  
IZABELLA BABIŃSKA ◽  
IRENEUSZ SOŁTYSZEWSKI ◽  
JUSTYNA KARAŹNIEWICZ ◽  
JÓZEF SZAREK ◽  
MARIUSZ Z. FELSMANN ◽  
...  
Keyword(s):  
Professional Ethics ◽  
Public Trust ◽  
Legal Aspects ◽  
Professional Group ◽  
Insurance Company ◽  
Post Mortem ◽  
Limited Extent ◽  
Legal Norms ◽  
Veterinary Surgeon ◽  
Polish Law

Legal norms determine the rules for conducting a veterinary necropsy to a limited extent, leaving the regulation of this matter to the veterinary art. The norms of binding Polish law and rules of veterinary professional ethics in relation to conducting a necropsy are analyzed and interpreted. The ethical and legal aspects of the veterinary surgeon’s activities have been highlighted. Non-observance of these rules during the post-mortem examination of animals may result in the incompatibility of the proceedings with the principle of acting lege artis, the effect of which is civil and professional liability. Moreover, when the section was commissioned by the authorities, inappropriate conditions or the manner in which it was carried out (including legal and ethical premises) may diminish the meaning of the section protocol as evidence. It should be remembered that animal corpses are subject to obligatory utilization, so in the vast majority of cases the section protocol is the only documentation and it cannot raise the slightest doubt, which may be the case in the failure to observe the discussed principles of performing a posthumous examination of animals. Considering that every veterinary surgeon may be appointed by various institutions (i.e. courts, police, prosecutor, insurance company) to conduct the necropsy, it is advisable to familiarize this professional group of public trust with the ethical and legal aspects of its implementation.

Postępowanie przed Naczelnym Sądem Aptekarskim w sprawie naruszenia zasad etyki zawodowej farmaceuty

2021 ◽  
pp. 212-226
Author(s):  
Jolanta Pacian
Keyword(s):  
Professional Practice ◽  
Professional Ethics ◽  
Code Of Ethics ◽  
Public Trust ◽  
Professional Group ◽  
Professional Responsibility ◽  
Legal Regulations ◽  
Legal Provisions ◽  
Tacit Consent ◽  
Nurses And Midwives

Members of the pharmacists’ self-government can be held liable before pharmaceutical courts for conduct breaching the rules of professional ethics and deontology, and infringing legal regulations concerning the practice of the pharmacist’s profession. Thus, the basis of professional responsibility of pharmacists is generally similar to the rules of professional liability of doctors, nurses, and midwives. Nevertheless, certain significant differences can be noticed in the course of the proceedings. Such a difference occurs in the proceedings before the Supreme Pharmaceutical Court. The professional group of pharmacists cannot be indifferent to punishable acts because this would imply tacit consent to breach of legal provisions regulating the professional practice and the rules of professional ethics and deontology set forth in the Code of Ethics of the Polish Pharmacist. Therefore, it is crucial that pharmacists, who practise a profession of public trust, should take care of the appropriate status of their occupation in order to conduct properly their mission of serving the society.

scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

TRANSFORMATION OF ENVIRONMENTAL LAW: THEORETICAL AND LEGAL ASPECTS

2021 ◽  
pp. 149-158
Author(s):  
Natalya G. Zhavoronkova ◽  
◽  
Vyacheslav B. Agafonov ◽  
Keyword(s):  
Policy Development ◽  
Negative Impact ◽  
Environmental Law ◽  
Legal Aspects ◽  
The Arctic ◽  
Nature Management ◽  
Legal Norms ◽  
State Management ◽  
The Creation ◽  
Environmental Technologies

The article is devoted to identifying current trends in the transformation of environmental law due to the global, supranational nature of existing challenges and threats. The conse-quences of the COVID-19 pandemic, the largest oil and oil products spill in the Arctic zone of the Russian Federation and other negative events that occurred in 2020 showed the awareness of the globalization and vulnerability of the world, as well as the reality and inevitability of the coming environmental crises, risks and transformations. Despite the progressiveness and technological sophistication of Russian environmental law, the tightening of legal norms in the field of nature management, the reform of control and oversight activities, and the creation of special state management bodies in the field of environmental protection have failed to fully stop the deterioration of the natural environment and prevent environmental catastrophe. Climatic, land, water, biosphere, genomic and other parameters of human survival require a change in the very paradigm of environmental law, implementation of a new modern envi-ronmental policy, development of environmental regulations taking into account the best existing technologies, transition from the concept of "regulating the negative impact" of eco-nomic activity on the environment to a new concept of receiving "technological benefits from the use of environmental technologies". According to the authors, the transformation of environmental law is part of the natural process of its globalisation, "technologisation", and the creation of prerequisites for the transition to a full-fledged ecological economy of sustainable development.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Legal Aspects of Immunodiagnostics and Immunoprophylaxis of Certain Diseases

2020 ◽  
pp. 650-677
Author(s):  
O. A. Ivanova
Keyword(s):  
Law Enforcement ◽  
Public Awareness ◽  
Scientific Information ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Diagnostic Methods ◽  
Public Confidence ◽  
Public And Private ◽  
Health Maintenance ◽  
Legal Norms

Introduction: the article analyzes one of the aspects of Russian and international experience in immunological diagnostics and immunological prophylaxis of certain diseases, namely application of procedures that may restrict the rights of citizens while ensuring public safety. This topic is becoming more and more controversial due to collision of public and private interests, so its study appears to be highly relevant. Purpose: to evaluate the legality and validity of restricting the rights of citizens as part of application of immunodiagnostics and immunoprophylaxis procedures, to formulate proposals on improving legal regulation covering the procedures themselves and the harm compensation procedures in case of postvaccinal complications – all based on the analysis of scientific information sources, legal acts, materials of law enforcement statistics, opinion polls, foreign experience. Methods: dialectical, formal-logical, functional, sociological and other general scientific methods of research; specific legal methods: comparative-legal and formal-legal. Results: the approaches to understanding immunodiagnostics and immunoprophylaxis procedures and their significance have been analyzed, the problematic aspects of legal regulation and law enforcement in this sphere, and also violations of legislation have been identified; the experience of compensating for harm caused by vaccination has been studied. Conclusions: in order to effectively achieve the goals of public health maintenance and boosting public confidence in the procedures of immunodiagnostics and immunoprophylaxis, and to ensure the rights of citizens, a set of measures is needed as follows: constant cooperation with civil society institutions that should go in parallel to the application of medical and pharmacological advances accompanied by the improvement of legal norms; control over the safety of drugs; budget financing of alternative diagnostic methods and additional examinations aimed at reducing the risk of harm to health and at identifying all the contraindications; maximum public awareness of all procedures and medications when obtaining voluntary informed consent; imposition of restrictions on persons who refused to undergo the procedures in strict accordance with the law and in proportion to the real danger to the public interest; additional training of medical staff; improvement and simplification of procedures for compensation for harm in the event of postvaccinal complications with the priority of non-judicial procedures; increase of the compensation size.

scholarly journals Legal aspects of safety management in civil aviation

2019 ◽  
Vol 7 ◽  
pp. 49
Author(s):  
Michał Wojciech Lutek
Keyword(s):  
Subject Matter ◽  
Management System ◽  
Safety Management ◽  
Aviation Safety ◽  
Legal Aspects ◽  
Civil Aviation ◽  
Aviation Industry ◽  
Legal Regulations ◽  
Safety Management System ◽  
Polish Law

<p><strong></strong>The article aims to show selected issues related to safety management system with particular reference to its legal aspects. It is composed of seven parts. The first one outlines the general overview on the problem of aviation safety. In the following passage, substance of safety management in civil aviation is presented. Third part describes key factors determining safety in aviation. In the fourth subtitle, selected issues regarding international regulations concerning safety management systems are discussed with reference to Chicago Convention and Annex 19 which established detailed arrangements for safety management. Subsequently, the author describes the EU legislation related to subject matter as well as major institution in charge of ensuring safety like European Aviation Safety Agency. The las but one subtitle refers to some legal aspects of safety management in civil aviation in Polish law. The summary contains conclusions drawn from the analysis of the both international and polish regulations.</p><p><strong>Purpose</strong> - The paper’s main purpose is to present legal framework of aviation safety management at the level of international, European and polish law. The author also investigates the role of legal regulations in the process of keeping aviation safe with reference to other factors which have a negative influence on aviation safety. </p><p><strong>Design/Methodology/Approach </strong>- A comprehensive analysis of legislation was conducted along with literature review including international publications focused both on the area of management and law. The reference list was selected in such way to show an objective and impartial approach to the subject matter.</p><p><strong>Findings </strong>- The laws regarding safety management in aviation are subject to harmonization but we can observe that the regulations are becoming more and more technical and complex.</p><p><strong>Research limitations/implications </strong>- The limitations of this paper lie in the lack of review of the studies of practical part of the safety management system regulations.</p><p><strong>Practical implications</strong>-The review shows a profound review of legislation which may be used by both managers and lawyer from aviation industry. Moreover, some statistical data is provided in order to emphasize the importance of safety management in the current world.</p><p><strong>Originality/Value</strong>-The article presents analysis carried at three levels of legal regulations, i.e. international, European and local (Polish) which is the best way to show similarities and point out differences. </p><br />

scholarly journals FEATURES OF CODIFICATION OF LEGISLATION IN THE FIELD OF DEFENSE OF UKRAINE: ORGANIZATIONAL AND LEGAL ASPECTS

2021 ◽  
pp. 108-115
Author(s):  
V. Shulhin ◽  
Keyword(s):  
Social Relations ◽  
Armed Forces ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Special Period ◽  
National Defense ◽  
Legal Norms ◽  
Existing Problems ◽  
Military Law ◽  
Legal Defense

The article analyzes organizational and legal (theoretical and legal, organizational and technical), comparative and applied and terminological and conceptual aspects of codification of legislation in the field of defense of Ukraine, which has important theoretical, legal, practical and applied significance for the effective operation of national defense forces. Security and defense in a special period of conducting a joint operation and on the way to the Euro-Atlantic integration of our country, interoperability with the armed forces of NATO member states are also within the focus of the paper. In order to determine the system-scientific approach to the implementation of this national-strategic task, the subject of which is the regulation of military-legal social relations in the field of defense forces of the security and defense sector of Ukraine, an attempt was made to explore organizational and legal, defense-institutional national features and capabilities, quality and degree of readiness of separate acts (legal norms) of the current legislation in the field of defense to their codification. The legal nature of codification of legislation is established and substantiated; its general and special concept is clarified taking into account existing problems and features of modern process of defense normative-legal regulation, military law enforcement, improvement of nationaldefense and military-legal relations; proposals for process algorithms codification of legislation in the field of defense of Ukraine are formulated.

scholarly journals Digital Sovereignty in the Context of Globalization: Philosophical and Legal Aspects

2020 ◽  
Vol 2020 (2) ◽  
pp. 146-152
Author(s):  
Evgeniy Gavrilov
Keyword(s):  
Social Development ◽  
Social Order ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Digital Data ◽  
Global Order ◽  
Legal Norms ◽  
Actual Meaning ◽  
The Individual ◽  
The Right

The article features the problem of consolidating and understanding the digital sovereignty of the State and the individual. The author addresses the challenge of establishing a correlation between the idea of digital sovereignty and the global socio-political change. The paper focuses on the effect of modern trends of social development, i.e. accelerated social informatization and globalization, on the development of doctrine of digital sovereignty and its legal design. The author believes that the idea of digital sovereignty is a reaction to the transformation of the global social order, which resulted in new doctrinal provisions and legal norms. They give citizens the right to determine the process of formation, storage, and management of digital data, as well as to ensure their inviolability. The legal formalization of digital sovereignty can indicate either the protection of statehood and personality or, on the contrary, their absorption by structures of the global order. As a result, such categories as "sovereignty, "statehood, or "personality" may eventually lose their actual meaning and real content. The conceptualization of the phenomenon of neurosovereignty and its implementation programs might be the future of the theory and practice of sovereignty.

Notarialna jurysdykcja prewencyjna. Sprzeczność z prawem jako kryterium odmowy dokonania czynności notarialnej

2017 ◽  
Vol 15 (1) ◽  
pp. 31-47
Author(s):  
Justyna Holocher
Keyword(s):  
Subject Matter ◽  
Public Trust ◽  
Third Parties ◽  
Community Life ◽  
Statutory Law ◽  
The Subject ◽  
The Law ◽  
Notary Public ◽  
The Concept Of Law ◽  
Polish Law

The subject matter of the article is notarial preventive jurisdiction and its rules provided in the Polish law, with an emphasis laid on refusal of performing a notarial transaction, pursuant to Art. 81 of the Law on Institution of Notary Public and Notarial Services. The issue under analysis boils down to answering the question whether the prerequisite for refusing a notarial transaction in the form of ‘contradiction with the law’ covers only the statutory law or also the principles of community life. According to the essential thesis of the article, the systemic and functional reasons advocate taking a stand on having the concept of law limited exclusively to a statute. A Notary Public, for being a person of public trust, is to be a guardian of the legitimacy of a notarial act conceived not only as a conflict with the statutory law, but also with the axiology resulting from other normative systems, including principles of community life. The objective of notarial preventive jurisdiction is to make institutional and procedural frameworks for legal entities which make declarations, which should, in turn, secure the safety of legal transactions, including protection of parties of legal transactions, the efficiency of execution of their rights, as well as that of the rights of third parties and the State. It means that in the course of a ‘notarial procedure’, the Notary Public is obliged not only to apply simply the statutory rules, but also to investigate and to examine the circumstances which might imply the illegitimacy of a notarial action due to a conflict with the law or with the principles of community life.

ANALYSIS RESEARCHES ON DEVELOPMENT OF PUBLIC MANAGEMENT IN UKRAINE WITHIN THE SYSTEM OF INTERNATIONAL AND LEGAL STANDARDS

2018 ◽  
Vol 1 (11) ◽  
pp. 48-62
Author(s):  
Iryna Vasylivna Al-Atti
Keyword(s):  
Public Administration ◽  
Social Life ◽  
Public Management ◽  
Legal Aspect ◽  
Legal Aspects ◽  
Legal Norms ◽  
Legal Standards ◽  
Democratic State ◽  
State Governance ◽  
Social Management

Fundamentally new approaches to public management in interna- tional and legal aspect which are highlighted in scientific researchers have been defined in the article. Importance of every catalyst-reasons offered by the re- searches, amendments in fundamentals of public management as affected by the international law have been analyzed. Scientific researches, in the context of inno- vations in the sphere of public management with due regard for international and legal aspects, have been analyzed. Classification of reforms based on the principle of readiness of the Ukrainian management system for the amendments offered by the scientists has been carried out. The conclusion is made that the Ukrainian state should implement new management standards more efficiently, and it refers not only to modernization of the political sphere but also to the balanced develop- ment of administrative, economic, social, spiritual spheres of social life. It is deter- mined that today the scientific aspects of the supranational dimension in modern social management have remained beyond the attention of the scientists. Due to the study of the peculiarities of the European experience in the organization of democratic state governance and the systemic characteristics of the development of integration processes, the following directions of improvement of public ad- ministration as part of the process of building a democratic society in Ukraine are identified: 1) strengthening of the influence of the European administrative space on the system of public administration in Ukraine; 2) optimization of pub- lic administration in accordance with criteria of EU membership, humanization and systematization of public administration. It is these directions that can serve as the subject of individual scientific studies, taking into account the adaptation of foreign experience to national conditions. It is substantiated that in the pre- sent moment in Ukraine the main possibility of mutual exchange of experience in the field of public administration is carried out with the help of international cooperation. Therefore, it is precisely on the basis of the analysis of both foreign and domestic scientific research that it is possible to develop, design, and identify the main stages of the development of public administration in Ukraine, taking into account the main and important international legal norms, traditions and principles.

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