scholarly journals Human rights and women's reproductive health in the countries of Latin America

2021 ◽  
Vol 25 (1) ◽  
pp. 164-178
Author(s):  
Gular A. Mustafa
Keyword(s):  
Latin American ◽  
Legal Status ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Termination Of Pregnancy ◽  
Fundamental Rights ◽  
Scientific Methods ◽  
Special Scientific ◽  
The Right ◽  
Latin American Countries

The problem of induced termination of pregnancy has been a burning issue for mankind for centuries. An analysis of doctrine and legislation demonstrates that there is no consensus on this issue. The problem of induced termination of pregnancy is defined by ethical, religious, medical, social and legal aspects, which is also associated with the uncertainty of the legal status of the embryo. The aim of the study is to analyze the legislation of Latin American countries regarding the legal regulation of abortion, in order to verify its compliance with the fundamental rights - the right to life, the right to health and the right to inviolability. Special scientific methods were used in the research: comparative law, legal and technical methods. The relevance of the problem stems from the need to solve the controversial issue of legalization of artificial termination of pregnancy. The existence of disagreement lies in the lack of a unified approach in seeking to resolve this situation.

scholarly journals Implementing a Person's Right to Privacy When Using Their Biometric Material

2019 ◽  
Vol 12 (5) ◽  
pp. 38
Author(s):  
Alsu Machmutovna Khurmatullina ◽  
Evgeniy Batyrovich Sultanov ◽  
Rimma Rashitovna Amirova ◽  
Olga Mikhailovna Smirnova
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Personal Data ◽  
Legal Regulation ◽  
Structural Method ◽  
Right To Privacy ◽  
Scientific Methods ◽  
The Russian Federation ◽  
The Law ◽  
The Right

The significance of regulating people's personal data in the context of implementing each person's right to privacy of personal life and family life becomes especially crucial for the purposes of ensuring biogenetical safety of people in Russia. This requires raising the issue of implementing the right to privacy in the context of the biotechnological revolution. The special legal significance of this issue in the Russian Federation is connected with the passing of such laws as the Law "On personal data" and the Law "On state genome registration in the Russian Federation". This article analyzes the legal status of biometric personal data. We note the need for legal regulation of the protection of biometric information as confidential data. The results of this research are based on using the following methods: universal dialectical method of scientific cognition, as well as general scientific methods based on it (description, analysis, synthesis, induction, deduction, comparison, analogy, generalization) and specific scientific methods (comparative law method, systematic structural method and formal law method).

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

THE RIGHT TO BE FORGOTTEN IN THE PRACTICE OF THE CONSTITUTIONAL JUSTICE BODIES OF THE RUSSIAN FEDERATION AND THE FEDERAL REPUBLIC OF GERMANY

2020 ◽  
Vol 6 (3) ◽  
pp. 170-187
Author(s):  
Evgeniya V. GERASIMOVA
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Method ◽  
Right To Be Forgotten ◽  
Federal Constitutional ◽  
Constitutional Justice ◽  
The Right

The development of digital technologies affects the legal status of an individual. The task of constitutional justice is the constitutional interpretation of new legal phenomena such as the right to be forgotten. This article aims to analyze the right to be forgotten in the decisions of the Russian Constitutional Court and German Constitutional Court in a comparative aspect. The research methodology is primarily a dialectical method. This method helps the author to identify the content of the right to be forgotten, as well as to determine its role in relation to other constitutionally significant values. The comparative legal method is of particular importance for achieving the objectives of the research and helps to highlight the general and specific in the approaches of the courts to the concept of this right. This approach distinguishes the novelty of this research in comparison with other papers. The use of the dialectical and comparative legal research methods allows drawing the following conclusions. The distinctive feature of the right to be forgotten is its dualistic nature. On the one hand, this is a civil right associated with the right to privacy; on the other, it acts as a way to protect other constitutional rights (for example, the dignity of the individual). This right is not absolute. Some information may be of public interest. To resolve the issue of the prevailing constitutionally significant value in a particular case, the Russian Constitutional Court suggests using the method of finding a balance. The Federal Constitutional Court of Germany emphasized that the right to free personal development and dignity sometimes prevails over freedom of information, especially considering the time factor in the case, as well as the degree of harm caused to a person by links to information posted on the Internet. The German Federal Constitutional Court, characterizing the legal relationship regarding the exercise of the right to be forgotten, highlights that this is a relationship between private subjects with fundamental rights, and refers to the concept of the horizontal effect of fundamental rights (“mittelbare Drittwirkung”) developed in German constitutional law. This article concludes that the decisions of the Russian Constitutional Court and the Federal Constitutional Court of Germany on the right to be forgotten are the guidelines for other courts, as well as the legislator for further improving legal regulation. Taking into account the development of information technologies, the author believes that the constitutional courts will more than once turn to the digital aspects of the legal status of an individual and, in particular, the concept of the right to be forgotten.

scholarly journals Legal Aspects of Participation of a Psychologist as a Specialist in Enforcement of Court Decisions in Parenting Cases (Part I)

2018 ◽  
Vol 8 (2) ◽  
pp. 125-137
Author(s):  
V.V. Guldan ◽  
O.N. Sulima ◽  
A.A. Sukhotin
Keyword(s):  
Legal Status ◽  
Legal Aspects ◽  
Court Decisions ◽  
Special Study ◽  
Scientific Methods ◽  
Legal Norms ◽  
Methods And Techniques ◽  
Correct Execution ◽  
Psychiatric Expertise ◽  
The Right

The article provides an analysis of scientific sources, normative legal acts, instructive letters of Federal Bailiffs Service of Russia, the position of judges and practices on the execution of enforcement documents related with upbringing of children. A psychologist with the legal status of specialist is to be involved in this category of enforcement proceedings. Based on analysis, problems associated with the imperfection of separate legal norms were identified, as well as Insufficiently thought-over legal design of specialist status in enforcement proceedings were found. The authors make proposals on expanding the list of rights and toughening the responsibility of specialist in enforcement proceedings, as well as the proposal to provide a psychologist with right of making an acquaintance with the conclusion made by a forensic psychological or complex forensic psycho-psychiatric expertise. Based on the position of the judges and the absence of prohibition in carrying out of a special study made by a specialist in the enforcement proceedings, and the existing task for psychologist to evaluate psychological condition of a child, the authors conclude that the psychologist has the right to conduct a psychodiagnostic examination using scientific methods and techniques. The proposed measures to improve the legal norms are aimed to ensure a possibility of full and correct execution of adjudications on legal disputes related with upbringing of a child.

scholarly journals PROBLEMS IN THE LEGAL REGULATION OF THE PROVISION OF HEALTH SERVICES: RIGHTS AND OBLIGATIONS OF THE PATIENT

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 100-112
Author(s):  
Андрей Алексеевич ИНЮШКИН ◽  
Полина Сергеевна КУДАШЕВА
Keyword(s):  
Health Services ◽  
Legal Status ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Dialectical Logic ◽  
Scientific Methods ◽  
Legal Norms ◽  
Patient’S Rights ◽  
Special Scientific

The paper analyzes the patient's legal status as a key figure in the provision of health services, identifies and qualifies his rights and obligations, reveals the specifics of some legal opportunities for consumers of health services. The purpose of the paper is a comprehensive analysis of the patient’s rights and obligations under the contract for the provision of medical services. Methods: the authors use empirical methods of comparison, description, interpretation and theoretical methods of formal and dialectical logic. Special scientific methods are used: legal-dogmatic and the method of interpreting legal norms. Results: the authors conclude that it is necessary to develop a clear and complete conceptual apparatus; they propose to expand and structure the list of rights by strengthening their informational component, to detail the set of patient's obligations, and to adjust the norms on the patient's voluntary informed consent to medical intervention. The role of insurers in the medical field in helping patients to realize their legal opportunities is highlighted.

LEGAL STATUS OF DISABLED IN THE FIELD OF EDUCATION AND ISSUES OF LEGAL REGULATION

2021 ◽  
Vol 4 (7) ◽  
pp. 48-54
Author(s):  
Bekjon S .Ismoilov ◽  
Keyword(s):  
Special Education ◽  
Inclusive Education ◽  
Legal Status ◽  
People With Disabilities ◽  
Boarding Schools ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Applicable Law ◽  
The Right

The article presents a detailed analysis of the organizational and legal aspects of educating people with disabilities. We know that the right of students with additional needs to education is guaranteed in accordance with applicable law. In this sense, their right to choose their own form ofeducation was legally analyzed as a priority. The article also compares several types of education for people with disabilities. In particular,attempts have been made to identify similarities and differences between special education and inclusive education in boarding schools. The article also discusses the role of special education in the lives of people with disabilities.Index Terms:disabled people, people with additional needs, education, special education, inclusive education, special boarding schools

scholarly journals Transformation of the public administration system in the digital economy

2021 ◽  
Vol 20 (4) ◽  
pp. 295-303
Author(s):  
Maria Egorova ◽  
Vladislav V. Grib ◽  
Lela Chkhutiashvili ◽  
Vitaliy Slepak
Keyword(s):  
Public Administration ◽  
Effective Interaction ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Digital Economy ◽  
Fundamental Rights ◽  
Electronic Systems ◽  
Administration System ◽  
The Public ◽  
The Right

Digitalization is an objective and inevitable process, which is impossible to halt. The development of the digital economy should allow the Russian economy to integrate into the global context and legal aspects of this process need to be analysed. This paper aims to to study the influence of digitalization on public administration (especially in economic sectors) in Russia, to outline new requirements to public administration in digital era as well as to analyze new challenges caused by implementation of technical decision within global process of digitalization. The program “Digital Economy of the Russian Federation” dictates new requirements for the system of public administration. But despite the fact that the implementation of the Program requires serious simplification in the interaction of market operators and the state, interdepartmental interaction, it does not fully respond to the challenges of digital transformation of the public administration system. It should lead to a radical change in the approaches to the organization of the work of public authorities through the digitalization, reducing the “bureaucratic burden” when issuing electronic documents. It deals with the formation of conditions ensuring the development of information technologies and effective interaction of a state and business, which covers legal regulation, information infrastructure, personnel and information security, etc. As a result the authors came to conclusion that now it is not a primary task to set out new electronic systems in new fields as much as to improve already existing systems and the system of public administration itself in order to duly adapt it to new digital environments that was established. It is necessary to establish the limits for implementation of various electronic systems to ensure the proper protection of fundamental rights (for example, the right to the protection of personal data, the right to privacy, etc.) as well as to set up some limits for automated individual decision-making.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

Comparative analysis of normative legal acts on the execution of criminal penalties in the initial stage of the formation of the Russian state for the implementation of equality principle before the law

2021 ◽  
pp. 752-765
Author(s):  
Nikolai S. Kovalev
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Equal Rights ◽  
Scientific Methods ◽  
Soviet State ◽  
Labor Legislation ◽  
Initial Stage ◽  
Russian State ◽  
General Scientific ◽  
The Law

The object of the study is the implementation of equality principle before the law by fixing equal rights and obligations of prisoners in the normative legal acts of the Soviet state. The subject of research: provisions of normative legal acts of the Provisional Government, departmental normative acts of the People’s Commissariat of Justice of the RSFSR and People’s Commissariat for Internal Affairs of the RSFSR. As a methodological basis for cognition, general scientific methods of analysis, synthesis, induction, de-duction are used, which allow us to investigate aspects of legal reality directly related to the implementation of the principles of penal enforcement (correctional labor) legislation, to formulate reasonable conclusions. Private scientific methods: formal-legal and comparative-legal – allow us to identify differences in the legal regulation of the legal status of prisoners in the pre-war period. As a result of the conducted research, we make a reasonable conclusion that the principle of equality before the law, although it was not enshrined in specific norms regulating the procedure for the execution and serving of imprisonment, however, was manifested in the provisions regulating the legal status of persons deprived of liberty. The notions of equality before the law of both citizens in general and prisoners in particular were not the fundamental basis of the legislation of the Soviet State. Prisoners were differentiated on the basis of social affiliation, due to: 1) the principle of class approach proclaimed by the Constitution of the RSFSR; 2) the functioning of two systems of places of deprivation of liberty for prisoners with different social status; 3) regulating the execution (serving) of sentences in the form of deprivation of liberty by various regulatory legal acts.

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.

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