scholarly journals Criminal responsibility for medical malpractice in the jurisdictional practice of Serbia

2019 ◽  
Vol 147 (5-6) ◽  
pp. 380-385
Author(s):  
Vladimir Miletic
Keyword(s):  
Medical Malpractice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Healthcare Services ◽  
Theory And Practice ◽  
Special Importance ◽  
Medical Assistance ◽  
Public Attention ◽  
The Public ◽  
The Republic

In the field of protection and improvement of people?s health, there is a special importance of legally, efficiently, regularly, professionally, and punctually providing medical care, performing other healthcare services, or simply providing medical assistance or care. In this way, an essential social function is achieved, as well as the protection of the constitutionally proclaimed right of physical and mental integrity of the public. However, deterioration of an individual?s health who has been medically assisted is possible in the process of providing medical, or any other assistance in the field of medicine. If it is a gross medical misconduct or any other type of medical misconduct, or gross violation of a profession?s rules, because of which there is a possibility of deterioration of health of one or more individuals, then the crime of medical negligence, for which there are strict statutory offences, applies. This article addresses the aspect of theory and practice about the significance, social jeopardy, and prevalence of this crime, or criminal policy of courts in the Republic of Serbia, alongside many articles in the printed and electronic media which provoke great public attention and rough comments.

scholarly journals Public financing in healthcare-The case of Kosovo in theory and practice

2020 ◽  
pp. 40-50
Author(s):  
Prof.Assis.Dr.Nerimane Bajraktari ◽  
Eco.Ali Ahmeti, MSc
Keyword(s):  
Practical Knowledge ◽  
Healthcare Services ◽  
Theory And Practice ◽  
Healthcare Sector ◽  
The Public ◽  
Tertiary Healthcare ◽  
The Government ◽  
Political Communities ◽  
One Year ◽  
Legal Entities

The man by nature tries and develops his activity for a better, richer and happier life, which in its essence means fulfilling diversified material, spiritual and cultural needs. Government, social-political communities or public legal entities, contemporary entities and institutions with forms of organization, with mechanism, and their instruments based on laws, must offer an organized life and opportunities for fulfilling general and common needs. Up to date, theoretical and practical knowledge shows that basic needs (security, education, healthcare, protection, jurisprudence, etc.) can be fulfilled more easily, faster, and more successfully, more rationally and continually, with higher quantity and quality with better and fairer organizing of the state and of the public legal entities of the institutions that respond to requests on realization of the new social and economic order of the world. The healthcare sector in Kosovo is financed mainly on income taxes, taxes, and co-payments, whereas out-of-pocket private payments are very high and include about 40% of costs for healthcare services. The budget for healthcare allocated by the government in the year 2015 was in total 163,760,703 million €, whereas the participation of budget for healthcare out of Kosovo’s total budget is 9.73., and 2,79% of GLP, that provided 90.72 € per citizen within one year! PHC is financed through transfers from the central budget to municipalities on specific grant form, on the amount 42,085,036 € that includes 28 % of the budget provided for healthcare. SHC and THC are financed by the Ministry, and it includes over 72% of the budget provided for healthcare. (PHC-primary healthcare, SHC-secondary healthcare, THC- tertiary healthcare).

scholarly journals STUDY OF THE ATTITUDE OF RESIDENTS OF THE WEST KAZAKHSTAN REGION TO THE STATE LANGUAGE AND THE PROSPECTS FOR ITS DEVELOPMENT (BASED ON THE RESULTS OF A SOCIOLOGICAL STUDY)

2021 ◽  
Vol 5 (2) ◽  
pp. 155-163
Author(s):  
A.Zh. Аmen ◽  
A.A. Кenzhegylova
Keyword(s):  
Language Policy ◽  
The State ◽  
Public Attention ◽  
Sociological Study ◽  
Sovereign State ◽  
The Public ◽  
The Status ◽  
The Republic ◽  
West Kazakhstan ◽  
State Language

Today, the formation of conditions for the development of the state language is one of the strategic tasks of the country's further development. And in this regard, the most important area of implementation of the language policy is the public life of the country as a whole. The new socio-political realities of Kazakhstan as a sovereign state require a language policy that meets the needs of the country's multi-ethnic population and takes into account the peculiarities of the language, demographic and political situation. President of the Republic of Kazakhstan N.A. Nazarbayev attaches great importance to the problems of language and language policy in the country. In his work "To preserve memory and strengthen harmony", he points out that "... everything must be done to ensure that the language of the titular nation, as it is sometimes said, is in demand for life - in the public service, in production, in science, and in education, as well as Russian, should become a guide to action for all of us. The desire to respect other languages without showing concern for the native language means a lack of respect for the honor and dignity of one's own people. The independence of language also means the independence of every person's thinking and is a fundamental condition of state sovereignty." The problem of the state language, which has been the subject of heated discussions for many years, still cannot find a solution. Despite the fact that the Kazakh language has the status of the state language, we still do not dare to demand its knowledge from civil servants. The Supreme power has tried several times to introduce this rule without fail, but has met with active opposition. And this problem has not yet found its solution. The language policy of the state, the current situation and prospects for the development of the Kazakh language are always in the center of public attention.

scholarly journals PERTANGGUNGJAWABAN PIDANA BAGI PELAKU PENGGUNAAN FREKUENSI RADIO TANPA IZIN BERDASARKAN UNDANG-UNDANG TENTANG TELEKOMUNIKASI (Criminal Of Perpetrators Of Use Of Illegal Radio Frequencies Under The Act Of Telecommunication)

2017 ◽  
Vol 16 (3) ◽  
pp. 265
Author(s):  
Budi Bahreisy
Keyword(s):  
Radio Frequency ◽  
Criminal Law ◽  
Criminal Responsibility ◽  
Information Service ◽  
The Public ◽  
Service Mission ◽  
The Law ◽  
The Republic ◽  
Main Thing ◽  
Radio Broadcast

Perkembangan pertanggungjawaban pidana sebagai pelaku tindak pidana adalah sesuai dengan tujuan dan fungsi hukum untuk memberikan sarana perlindungan masyarakat dan kesejahteran masyarakat, sebab kecenderungan melakukan pelanggaran hukum untuk memperoleh keuntungan yang sebesar-besarnya telah menjadi realita masyarakat. Telekomunikasi adalah setiap pemancaran, pengiriman, dan atau penerimaan dari setiap informasi dalam bentuk tanda-tanda, isyarat, tulisan, gambar, suara, dan bunyi melalui sistem kawat, optik, radio, atau sistem elektromagnetik lainnya, Penyiaran radio merupakan salah satu bagian dari Telekomunikasi. Perizinan adalah hal utama dari pengaturan mengenai penyiaran. Dengan kata lain, perizinan juga menjadi instrumen pengendalian tanggungjawab secara kontinyu dan berkala agar setiap lembaga penyiaran tidak menyimpang dari misi pelayanan informasi kepada publik. Seseorang dapat dimintapertanggung jawaban secara pidana adalah karena seseorang itu memiliki kesalahan.Kesalahan ada dua bentuk dalam hukum pidana.Pertama sengaja dan kelalaian keduanya sama-sama dapat dipertanggungjawabkan. Pertanggungjawaban pidana dapat diminta bagi pelaku penggunaan frekuensi radio tanpa izin tercantum pada Pasal 53 ayat (1) Undang-Undang Nomor 36 Tahun 1999 tentang Telekomunikasi yaitu dengan dipidana penjara paling lama 4 (empat) tahun dan atau denda paling banyak Rp.400.000.000AbstractThe development of criminal as perpetrators associated with the purpose and legal function to give protection facilities and prosperity to society, since the tendency to break the law to get a huge advantage have been a reality in society. Telecommunication is each broadcast, transmission, and or admission of each information in a signal, hint, writing, picture, voice and noise through the system of wire, optic, radio or another electromagnetic. The radio broadcast is one of the telecommunication. The licence is the main thing in broadcast settings. In another word, it can be charged with controlling instrument, continuously, and periodically in order to each broadcast institution does not take a side route of information service mission to the public. One can be taken a responsibility, criminally because he/she makes a mistake. It has two terms in criminal law, that is intentional and negligence, both can be charged into a criminal. The criminal responsibility may be imposed to perpetrators of radio frequency without permission as mentioned in article 53 paragraph (1) the Act of the Republic of Indonesia, Number 36, Year 1999 on Telecommunication can be punished by a maximum imprisonment of four years or a maximum fine of four hundred million rupiahs.

scholarly journals OPTIMALISASI PENANGGULANGAN PUNGUTAN LIAR OLEH DIREKTORAT RESKRIM KHUSUS KEPOLISIAN DAERAH SUMATERA BARAT

2019 ◽  
Vol 1 (4) ◽  
pp. 405-413
Author(s):  
Binsar Henson Purba
Keyword(s):  
Community Service ◽  
Task Force ◽  
Descriptive Analysis ◽  
Criminal Policy ◽  
Legal Action ◽  
The West ◽  
The Public ◽  
West Sumatra ◽  
The Republic

National extortion measures are regulated in the Republic of Indonesia Presidential Regulation Number 87 of 2016 concerning the Task Force for Clean Sweep of Illegal Levies. In West Sumatra, based on the West Sumatra Governor Decree number 0710-1247-2016, a Saber extortion team was formed. Various efforts have been made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies both repressively and preventively, but still need to be optimized again. This research specification is Descriptive Analysis. The efforts made by the West Sumatra Regional Police Ditreskrimsus in tackling illegal levies are pre-eminent by instilling good values ​​/ norms so that these norms are internalized in a person. Furthermore, it is a preventative effort by conducting socialization to community service offices, making billboards / banners about illegal levies; and giving appeals to the public and repressive actions by taking legal action against illegal payments which are indicated as criminal acts. optimizing the role of the Ditreskrimsus Regional Police of West Sumatra in tackling illegal levies is done by increasing the capacity of the police organization's resources and the Criminal Policy approach in the form of a reasoning and non-reasoning policy.

scholarly journals Judgments in criminal proceedings in judicial practice of the Republic of Serbia

2021 ◽  
Vol 18 (2) ◽  
pp. 233-246
Author(s):  
Vićentije Darijević
Keyword(s):  
Criminal Policy ◽  
Daily Basis ◽  
Public Prosecutor ◽  
Criminal Proceedings ◽  
Defense Counsel ◽  
Legal Principles ◽  
The Public ◽  
Judicial Practice ◽  
The Republic ◽  
Number Percentage

This paper analyzes court judgments rendered in criminal proceedings in the Republic of Serbia in the last 5 years, as well as the relationship of state bodies, primarily courts, and public prosecutor's offices to the most important legal principles and legal institutes of criminal law that have a decisive influence on proceedings. Courts in criminal proceedings, as well as the criminal policy of the courts. The emphasis is on the presentation of the inequality of procedural position of procedural parties in criminal proceedings (defendant in relation to the public prosecutor) with which the defense (defendants and their defense counsel) encounters on a daily basis in practice, as well as on specific reasons that significantly affect significant measures by the acting courts continue to be favored by the public prosecutor to the detriment of the defense -the defendants and their defense counsel. Specific reasons and explanations are presented, as well as some examples from court practice, due to which the number (percentage) of acquittals in our judicial system is very small in relation to the number of convictions.

Cadence formulas in instrumental music of the Renaissance and early Baroque in the context of that time’s theory of music and composition practice

2019 ◽  
Vol 1 (11) ◽  
pp. 9-27
Author(s):  
Marek Nahajowski
Keyword(s):  
Instrumental Music ◽  
Theory And Practice ◽  
Special Importance ◽  
Composition Theory ◽  
Basso Continuo ◽  
The Public ◽  
The Subject ◽  
Instrumental Works ◽  
The Way

Cadence (ending) formulas are one of the most intriguing phenomena in music. They occur in works of all historical periods and styles and they have a variety of forms: from melodic and harmonic turns to rhythmic or even dynamic ones. However, this issue is important not only from the perspective of theory of music or composition technique but also performance practice as the way how a singer or instrument player understands the functioning of separate elements of a piece will impinge on the sound shape of the work presented to the public. Reading the extramusical message hidden in the structure of a piece should be regarded particularly significant for the interpretation of pieces written in times when adding precise performance guidelines in the score was not practiced. In case of compositions written in the 16th and the first half of the 17th centuries, the way how ending formulas functioned was a result of the specificity of that time’s modal system and the principles of polyphonic composition, in which the role of melodic (horizontal) thinking prevailed over the harmonic (vertical) one. The issue of cadences gains special importance while analysing instrumental works in which the absence of verbal text hinders the division of the piece into segments. It only becomes possible thanks to analysing the structure of the piece, including the allocation of modal ending formulas in separate voices of the composition. Howsoever the topic of cadences in music of the 16th and 17th centuries has been discussed many times in the literature on the subject, it has had no satisfactory presentation related to that time’s instrumental repertoire. The present article is an attempt to elaborate on the deliberations on the topic of modal cadence formulas in instrumental works from the 16th and the first half of the 17th centuries. Its first part has an introductory character and it touches on the notion of cadence in modern theoretical-musical and encyclopaedic texts compared to composition theory and practice in the Renaissance and early Baroque eras. The second part of the article is an analysis of selected instrumental works from the end of the 16th and the beginning of the 17th centuries meant for different types of line-ups – the four-voice canzona by Florentio Maschera, canzona by Girolamo Frescobaldi for solo instrument with basso continuo and one of the ricercati by Giovanni Bassano meant for solo melodic instrument without accompaniment.

Characteristics of Criminal Responsibility for the Participation of Citizens of the Republic of Kazakhstan in Foreign Armed Conflicts

2018 ◽  
Vol 9 (1) ◽  
pp. 313
Author(s):  
Yernar T. TASKYN ◽  
Yerzhan M. BIMOLDANOV
Keyword(s):  
Public Relations ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Armed Conflicts ◽  
Theoretical Development ◽  
Independent Research ◽  
The Public ◽  
Domestic Legislation ◽  
Foreign Conflicts ◽  
The Republic

The article examines the characteristics of the participation of citizens of the Republic of Kazakhstan in foreign conflicts as an object of criminal investigation. The mechanisms for the emergence of foreign armed conflicts, as well as the reasons and conditions that facilitate the participation of citizens of the Republic of Kazakhstan, have been examined. In the course of the study of international legislation and international experience in regulating public relations in this area, specific recommendations and methodology for studying of the participation of citizens of the Republic of Kazakhstan in foreign conflicts have been developed as an independent research object. Due to the lack of legal means for bringing persons who took part in fighting abroad to responsibility, the criminal liability of citizens for involvement in armed conflicts in the territory of foreign states was introduced in domestic legislation. The authors of the study identified the public danger of the crime, which meant that citizens of Kazakhstan, when returning to their home country, by acquiring a subversive-terrorist experience, could contribute to the commission of crimes directed against the national security of the Republic of Kazakhstan. According to the findings of the study, successful and effective opposition to the participation of citizens of the Republic of Kazakhstan in foreign conflicts depends largely on the degree of theoretical development of the considered problem.

scholarly journals Arbitration Award of ICSID on the Investment Disputes of Churchill Mining PLC v. Republic of Indonesia

2017 ◽  
Vol 3 (1) ◽  
pp. 14
Author(s):  
Yordan Gunawan
Keyword(s):  
Coal Mining ◽  
World Bank ◽  
Bilateral Investment Treaties ◽  
Public Attention ◽  
The Public ◽  
The World Bank ◽  
The World ◽  
The Republic ◽  
The Government ◽  
The Uk

The research is aimed at analyzing the ICSID (International Centre Settlement Investment Dispute) decision in solving a dispute between Churchill Mining PLC and the Government of the Republic of Indonesia. The case brought to the public attention, because mining license owned by PT. Ridlatama which acquired from Churchill Mining PLC had been revocated. Churchill Mining PLC holds 75% share of PT. Ridlatama and it suffered losses caused by the revocation of its mining license. Churchill Mining PLC filed the case to the local court but it failed. Churchill Mining PLC then sought ruling from International arbitration or ICSID. On December 6, 2016, ICSID issued a decision that clearly threw out Churchill Mining PLC claim. ICSID, the World Bank court, ordered the firm to pay a total of US$.9.446.528 in cost to the Government of the Republic of Indonesia. It is based on the evidences that the UK-Australia company did the fraud and had document forgery of coal mining permit in East Kutai, Indonesia. So the firm has violated the Bilateral Investment Treaties between Indonesia-UK and Indonesia-Australia.

scholarly journals About the juvenile direction of criminal policy of the Republic of Kazakhstan: historical background and development issues

2021 ◽  
Vol 7 (1) ◽  
pp. 120-125
Author(s):  
M. M. Myrzash
Keyword(s):  
Juvenile Justice ◽  
Criminal Responsibility ◽  
Criminal Policy ◽  
Russian Empire ◽  
Judicial System ◽  
Historical Background ◽  
Criminal Punishment ◽  
The Republic ◽  
The Russian Empire ◽  
Labor Impact

The article considers the paradigm of the Republic of Kazakhstans juvenile criminal policy, reveals its historical background and development problems. The article describes the features of the Biy judicial system in the Kazakh society up to the middle of the XVIII century. The article examines the characteristics of applying criminal punishment to juveniles after the accession of the Kazakh khanates to the Russian Empire in the XVIIIXIX centuries. The conclusion is made about the continuity of juvenile justice foundations in pre-revolutionary and post-revolutionary Russia and modern Kazakhstan. The article confirms the ineffectiveness of further lowering the age of criminal responsibility, as well as traditional punishments that provide for the deprivation or restriction of liberty of juveniles. The idea of re-socialization of juveniles who have served a criminal sentence and are released from it is defended. To re-socialize, it is recommended to expand the practice of alternative punishments without isolation from society related to labor impact and the introduction of probation with labor impact concerning juveniles in the Republic of Kazakhstan.

scholarly journals Local Public Servants and Employees in the Republic of Croatia: Legal Position and Obligations

10.4335/60 ◽  
2009 ◽  
Vol 6 (4) ◽  
pp. 413-428
Author(s):  
Duško Lozina ◽  
Mirko Klarić
Keyword(s):  
Public Administration ◽  
Theory And Practice ◽  
Legal Regulations ◽  
Public Servants ◽  
The Public ◽  
Public Servant ◽  
The Status ◽  
Legal Position ◽  
The Republic ◽  
Administrative Theory

The topic of this paper is an analysis of the legal position of local public servants and employees in the Republic of Croatia as well as of their rights and obligations in the light of the enactment of the Public Servants and Employees in local and regional self-government Act. In this sense, the concept and characteristics of the status of the administrative public servant from the aspect of administrative theory and practice are analysed, a short comparative overview of different official systems in Europe is given, and the position of local public servants and employees in Croatia in the light of positive legal regulations is analysed. In the conclusion, an assessment of the existing officials system which is related to local public servants and employees in Croatia is given in the context of the stated modern systems of public administration. Also assessed is whether the enacted legal regulations will have a positive effect on the implementation of personnel policy, greater motivation and the work of local public servants and employees thereby finally resulting in a better and more quality functioning of local self-government. Key words: • Republic of Croatia • public administration • local self-government • local public servants and employees

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