CRIMINAL PROCEDURAL FEATURES OF THE APPLICATION OF PREVENTIVE MEASURES IN RELATION TO PERSONS WITH MENTAL DISORDERS

2018 ◽  
Author(s):  
Volodymyra Pechko ◽  
Keyword(s):  
Mental Disorders ◽  
Preventive Measures ◽  
Family Members ◽  
Point Of View ◽  
International Standards ◽  
Precautionary Measure ◽  
Coercive Measures ◽  
Medical Supervision ◽  
Precautionary Measures ◽  
Close Relatives

The article is devoted to the application of preventive measures to persons with mental disorders. The article presents the views and positions of leading domestic scientists on the types of the most effective precautionary measures for persons in respect of whom proceedings on the application of coercive measures of a medical nature are considered. The article draws attention to international standards as guidelines on the path to legality and justice in the process of applying precautionary measures against insane persons. Scientific positions on the types and features of special precautionary measures that can be applied to insane persons are given. The author found that the problematic issues of application of precautionary measures against persons subject to proceedings on the application of coercive measures of a medical nature are the lack of regulations in the CPC of Ukraine or family members within the precautionary measure in the form of transfer to the care of guardians, close relatives or family members with compulsory medical supervision, as well as the lack of direct right of the person in respect of which the application of coercive measures of a medical nature is decided. appeal against a court decision on the application of a precautionary measure. To improve the legislative provision of the rights of persons subject to coercive measures of a medical nature, as well as to eliminate legislative gaps in the mechanism of application of precautionary measures against such persons, the author proposed specific regulations on the procedure of application of precautionary measures under Chapter 39 of the CPC of Ukraine. care for guardians, close relatives or family members with mandatory medical supervision; as well as placement in a psychiatric institution in conditions that exclude its dangerous behavior. The article expresses the point of view on the need to improve the legislative technique by developing sanctions against persons responsible for the implementation of precautionary measures against insane persons.

Ruqyah Syar’iyah: Upaya Mencari Kesembuhan

Emik ◽  
2020 ◽  
Vol 3 (2) ◽  
pp. 206-222
Author(s):  
Mukhtamar Hayat
Keyword(s):  
Quality Of Life ◽  
Preventive Measures ◽  
Qualitative Approach ◽  
Main Axis ◽  
Point Of View ◽  
Capital City ◽  
South Sulawesi ◽  
Close Relatives ◽  
The City

The treatment of ruqyah syar'iyah (hereinafter referred to as ruqyah) is one of the treatments practiced in time of Rasulullas SAW. In the last few years, such treatment has been popularly practiced in Indonesia, including in Makassar, one of the cities in Indonesia where the practice of ruqyah is mushrooming. While many literatures deal with the practice of ruqyah from spiritual point of view, the new contribution of this article lies in the practice of various types of ruqyah. This study was conducted in the city of Makassar, the capital city of South Sulawesi where more than 80% of its population are Muslims. Using qualitative approach, this study involved 14 informants, consisting of eight patients, two peruqyah, staff of ruqyah clinic and patients’ families respectively. Data was collected using the combination of interview and observation. This study shows that whether or not one is intended to cure his/herself depends very much on their belief in the treatment. Some started with modern medical treatment, others had full faith from the start.  Some did it on the basis of their own desire, others influenced by close relatives. Ruqyah is part of Tibbun Nabawi and in its development ruqyah itself is divided into three types, namely, mass ruqyah, clinic ruqyah, and independent ruqyah. Despite the fact that the stages of each type are relatively the same: pra-ruqyah, main ruqyah, and post-ruqyah, each has its own uniqueness. Ruqyah not only helps to heal someone, especially those who suffer from disorders of spirits, but also strives to be a medium of preaching for patients. Curative healing is the main axis in the treatment of ruqyah, but preventive measures are also introduced as a bulwark against disturbance by spirits. Even though ruqyah is an islamic treatment, non-Muslim is not prohibit to take such treatment as long as they believe and follow the rule. This indicates that the belief to such treatment breaks down religious barriers. However, healing through ruqyah treatment is not entirely dependended on peruqyah, but it is mainly depended on the patient him/herself, by improving his/her quality of life after the ruqyah treatment. 

Features of Application of Precautionary Measures for Persons Suffering From Mental Disorders: National Dimension

2020 ◽  
Vol 27 (1) ◽  
pp. 147-161
Author(s):  
Olga Tyshchenko ◽  
Ivan Titko
Keyword(s):  
Mental Disorders ◽  
Mental Disorder ◽  
Psychiatric Care ◽  
General Purpose ◽  
International Standards ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
European Court ◽  
General Scientific ◽  
Precautionary Measures

The paper investigates topical issues of application of precautionary measures against persons subject to criminal proceedings for the application of compulsory psychiatric care in the context of international standards and interpretative practice of the European Court of Human Rights (ECHR). The purpose of this paper is to identify and analyse the specific features of applying precautionary measures to a person suffering from a mental disorder based on the materials of generalization of domestic law enforcement practice in criminal proceedings regarding the application of compulsory psychiatric care. Research methods are selected with consideration of the purpose, objectives, and subject of research. General scientific and special methods of scientific cognition (dialectical, statistical, comparative law, analysis, synthesis, generalization) were used in the work. The integrated use of these methods has contributed to an objective and comprehensive scientific study. Based on the analysis of the current legislation and judicial practice, the specific features of application of preventive measures in criminal proceedings regarding compulsory psychiatric care are singled out, namely: a) they are applied to a person suffering from a mental disorder; b) are selected only in criminal proceedings concerning the application of compulsory psychiatric care; c) have a specific purpose conditioned by the presence of a mental disorder from which the person suffers. The specifics of the applying the measures envisaged by Art. 508 of the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC) allowed to question the legitimacy of the legislative approach as to their allocation to the institution of precautionary measures in criminal proceedings. In particular, it was concluded that in contrast to the general purpose of application of precautionary measures stipulated by Art. 177 of the CPC (concerning the suspect, the accused, the condemned), for the purpose of applying precautionary measures envisaged by Art. 508 of the CPC (concerning a person in respect of whom the application of compulsory psychiatric care is stipulated) are: 1) prevention of risks of their possible illegal behaviour; 2) provision of qualified psychiatric care to them; 3) ensuring the person's safety and the safety of others. In this regard, it should be noted that the position of the domestic legislator on the possibility of applying precautionary measures to persons suffering from mental disorders is subject to reasonable criticism of the legal community. The main argument in this debatable issue is that these persons cannot be subjects to which precautionary measures are applied, as the latter, according to the general rules, can be applied to clearly defined subjects of criminal proceedings – suspects, accused, and convicts.

Possible preventive measures against the spread of COVID-19- A Review article

2020 ◽  
Vol 11 (SPL1) ◽  
pp. 475-481
Author(s):  
Jotheeswari P ◽  
Yuvaraj M ◽  
Balaji K ◽  
Gunapriya Raghunath ◽  
Kumaresan M
Keyword(s):  
Preventive Measures ◽  
Antiviral Drug ◽  
Preventive Measure ◽  
Thought Process ◽  
Precautionary Measure ◽  
Online Tools ◽  
The World ◽  
Base Of Support ◽  
A Current ◽  
Pharmaceutical Interventions

COVID-19 is a current sensational and dangerous threat that affects millions of people across the world. As the day progresses the rate of growth of COVID-19 drastically increases. No vaccine or specific antiviral drug are active against corona, therefore, preventing the exposure to the virus is the base of support against its spread across the world. Despite the implementation of preventive measures, the rate of virus-infected cases progressively increases which stimulates our thought process to raise a question, whether the preventive measures that we follow are effective against the spread of COVID-19 infection. Evidence from previous literature obtained from various online tools implies multiple preventive measures that should be followed and also illustrates their mechanism of action against the active spread of COVID-19 infection. According to the results from the evidence, we can identify the gold standard preventive measure among the described preventive measures. The precautionary measure encompasses both pharmaceutical interventions and non- pharmaceutical interventions among which non-pharmaceutical measures are superior in the prevention of the developing pandemic. Among the non-pharmaceutical interventions, social distancing is the paramount to other measures in the mitigation of the spread of viral infection.

La desaparición forzada de los normalistas de Ayotzinapa. Una tragedia para reflexionar desde la óptica del sistema interamericano de protección de los derechos humanos

2018 ◽  
pp. 97
Author(s):  
Pietro Sferrazza Taibi
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Rural Teachers ◽  
Teachers College ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos ◽  
Mexican State ◽  
The Creation ◽  
Precautionary Measures

ResumenLa desaparición forzada de los estudiantes normalistas ocurrida en septiembre de 2014 en las cercanías de la localidad mexicana de Ayotzinapa es una tragedia que, además de captar la atención de la prensa internacional, ha activado el funcionamiento de algunos mecanismos del sistema interamericano de protección de los derechos humanos. Este trabajo pretende analizar de qué manera la creación del Grupo Interdisciplinario de Expertos Independientes (GIEI) puede incidir en la determinación de la responsabilidad internacional del Estado Mexicano por el incumplimiento de los estándares internacionales interamericanos sobre prevención, investigación y sanción de la desaparición forzada. En aquel sentido, este trabajo se dividirá en tres secciones. En la primera de ellas se describirán brevemente los hechos, a fin de demarcar el contexto fáctico a partir del cual se reflexionará. La segunda sección hará referencia a la creación del GIEI en el marco de las medidas cautelares adoptadas por la Comisión Interamericana de Derechos Humanos (Comisión IDH) en este caso. En la tercera y última sección, se valorará si las obligaciones generales de respeto y garantía han sido vulneradas en este caso, centrando el foco de atención en los deberes específcos de prevención e investigación.Palabras clave: Ayotzinapa; Grupo Interdisciplinario de Expertos Independientes; Comisión Interamericana de Derechos Humanos; desaparición forzada.ResumoO desaparecimento forçado de estudantes normalistas acontecida em setembro de 2014 perto da cidade mexicana de Ayotzinapa é uma tragédia que, além de capturar a atenção da imprensa internacional, permitiu o funcionamento de determinados mecanismos do sistema interamericano de proteção dos direitos humanos. Este trabalho pretende analisar de que forma a criação do Grupo Interdisciplinar de Peritos Independentes (GIEI) podem afetar na determinação da responsabilidade internacional do Estado Mexicano pelo incumprimento dos padrões internacionais interamericanos sobre a prevenção, investigação e punição de desaparecimento forçado. Nesse sentido, este trabalho será dividido em três seções. No primeiro deles, os fatos serão brevemente descritos, a fm de demarcar o contexto factual a partir do qual será refletido. A segunda seção referirá a criação do GIEI no marco das medidas cautelaresadotadas pela Comissão Interamericana de Direitos Humanos (Comissão IDH) no presente caso. Na terceira e última seção, vai ser valorado se as obrigações gerais de respeito e garantia foram vulneradas neste caso, centrando o foco de atenção nos deveres específcos de prevenção e investigação.Palavras-chave: Ayotzinapa; Grupo Interdisciplinar de Peritos Independentes; Comissão Interamericana de Direitos Humanos; desaparecimento forçado.AbstractThe forced disappearance of the students of the rural teachers’ college in September of 2014 in the surroundings of the Mexican town of Ayotzinapa is a tragedy that, besides capturing the attention of the international press, has activated the functioning of some mechanisms of the Inter-American Human Rights Protection System. This work aims to analyze in which ways the creation of the Interdisciplinary Group of Independent Experts (GIEI) can underscore the determination of the international responsibility of the Mexican State for the non-compliance of the Inter-American international standards on prevention, investigation and punishment of the enforced disappearance. In that sense, this paper will be divided in three sections. The frst one will briefly describe the facts, to demarcate the factual circumstances from which it will be reflected. The second section will address the creation of the GIEI within the framework of the precautionary measures adopted by the Inter-American Commissionof Human Rights (IACHR) in this matter. The third and last section will evaluate whether the general obligations to respect and ensure human rights have been violated in this case, focusing on the specifc duties of prevention and investigation.Keywords: Ayotzinapa, Interdisciplinary Group of Independent Experts, Inter-American Commission of Human Rights, forced disappearance.

Legal Implications of “Sharenting”

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 19-26
Keyword(s):  
Social Media ◽  
Privacy Protection ◽  
Family Members ◽  
Fundamental Rights ◽  
Internet Services ◽  
Legal Implications ◽  
Close Relatives ◽  
Visual Materials

Sharing child’s visual materials online for purely personal purposes by parents, family members or close relatives is a widespread practice, especially, where the availability of internet services is provided, which therefore, poses challenges to privacy protection of the child. Children, as one of the most vulnerable members of society, need special attention with regard of protection of fundamental rights, where privacy a crucial one. This article reviews the implications of child’s privacy on social media with the emphasis on sharing minor’s visual materials.

Pengaruh Self Help Group Terhadap Kemampuan Keluarga Dalam Merawat Klien Skizofrenia Di Poli Jiwa Puskesmas Kalitidu

2020 ◽  
Vol 10 (2) ◽  
Author(s):  
Yusuf Efendi ◽  
Errix Kristian Julianto
Keyword(s):  
Mental Disorders ◽  
Group Intervention ◽  
Family Members ◽  
Wilcoxon Test ◽  
Sign Test ◽  
Significance Level ◽  
Self Help ◽  
Before And After ◽  
Self Help Groups ◽  
Self Help Group

ABSTRAKDiera perkembangan jaman saat ini, beberapa keluarga dihadapkan dengan permasalahna tentang adanya angggota keluarga yeng mengaami gangguan jiwa, tak jarang keluarga tidak mengetahui bagaimana merawat angota keluarga dengan gangguan jiwa. Self help group pada keluarga dengan gangguan jiwa perlu dilakukan untuk membantu keluarga mengatasi permasalahannya yang diselesaikan bersama dalam kelompok. Manfaat yang didapatkan pada terapi ini adalah terdapatnya peningkatan pengetahuan keluarga tentang Skizofrenia. Peningkatan pengetahuan ini akan berdampak terhadap kemampuan keluarga dalam merawat klien Skizofrenia..Desain penelitian ini menggunakan desain pre eksperimental dengan rancangan one group pre-posttest design. Sampel pada penelitian ini adalah keluarga penderita Skizofrenia di PKU Jiwa Kalitidu yang berjumlah 32. . Data dikumpulkan menggunakan kuesioner kemudian dianalisis dengan menggunakan uji Wolcoxon sign dengan tingkat kemaknaan 0,05. Hasil penelitian menunjukkan bahwa kondisi responden sebelum dan sesudah dilakukan intervensi dengan self help group pada kemampuan merawat dengan  nilai uji wilcoxon sebesar 0,001 yang berarti ada pengaruh dari intervensi self help group dengan merawat keluarga dengan gangguan jiwa. Kata Kunci       : Self Help Group, Kemampuan Merawat, Skizofrenia   ABSTRACT. In the current era of development, some families are faced with problems about family members who suffer from mental disorders, often families do not know how to care for family members with mental disorders. Self help groups for families with mental disorders need to be done to help families overcome the problems that are solved together in a group. The benefit of this therapy is that there is an increase in family knowledge about Schizophrenia. This increase in knowledge will have an impact on the ability of families to care for Schizophrenia clients.The design of this study used a pre-experimental design with one group pre-posttest design. The sample in this study was the families of Schizophrenics in  Kalitidu public helath centre, amounting to 32.. Data were collected using a questionnaire and then analyzed using the Wolcoxon sign test with a significance level of 0.05.The results showed that the condition of the respondents before and after the intervention with self help group on the ability to care for Wilcoxon test value of 0.001, which means there is an influence of self help group intervention by caring for families with mental disorders. Keywords: Self Help Group, Caring Ability, Schizophrenia

Transition to New Reserves Reporting System in Kazakhstan: Challenges and Benefits

2021 ◽  
Author(s):  
Adil Mukanov ◽  
Asset Zhumadil
Keyword(s):  
Reporting System ◽  
Current System ◽  
State Committee ◽  
Development Project ◽  
Point Of View ◽  
International Standards ◽  
Field Development ◽  
The Republic ◽  
Scr System ◽  
New System

Abstract The 74th step of "100 Concrete Step of Nation Plan" initiated by the first president of the Republic of Kazakhstan (RoK) Nursultan Nazarbayev states that Kazakhstani reserves reporting system must be changed to the international standards. One of them actively proposed is the SPE-PRMS. Therefore, the main goal of the paper is to show challenges of the transition, discuss possible problems, their solution and, eventually, advantages for the companies. In the paper the main aspects of the current State Committee of Reserves (SCR) system or well-known as GKZ system inherited from the Soviet system and used in Kazakhstan are reported. Especially, we try to highlight the reserves categories of A, B, C1 and C2 and their impact on further field development in details. Also SPE-PRMS and SEC rules are shown in terms of differences and similarities with the current system. Importantly, authors demonstrate how the SPE-PRMS standards are wide-spread around the globe. Finally, details of planned shift, some recommendations and simplification of reporting process are exhibited. As the result of the study the following points are investigated. Firstly, what will be with reports just recently approved by the SCR. Especially, for the big fields whose preparation takes up to several years. Secondly, what the frequency is for the reporting. Thirdly, whether the reports will be handled through several approval stages or just submitted. Moreover, how close to SPE-PRMS the new system should be adopted taking into account Kazahstani realities and if the reports should be composed in English along with Russian, since the main purpose of the transition is to be clear and transparent for the foreign investors. Otherwise, unfamiliar language and big deviation from the well-known standards may ruin the efforts. Despite the complexity of these issues the benefits of the new system are obvious and there are several reasons. The main advantage is that the SPE-PRMS is all about economically recoverable reserves without any ties with fixed recovery factor. In addition, report is done in short time and less volume. Finally, if the norm of the report's submission without going to tedious approval process is accepted, that will ease work of the subsoil users’ because it accelerates further preparation of field development project. The study is done due to recent changes of the RoK subsoil usage regulations, where the requirement for reserves reporting system's transition to the new international standards is mentioned. However, the issue is not much highlighted in technical publications from the operating companies’ point of view. Thus, having experience with GKZ, SPE-PRMS and SEC systems the authors take this opportunity to show challenges and benefits of the decision.

Money laundering through cryptocurrencies - analysis of the phenomenon and appropriate prevention measures

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Christoph Wronka
Keyword(s):  
Money Laundering ◽  
Preventive Measures ◽  
Point Of View ◽  
Prevention Measures ◽  
Content Type ◽  
Blockchain Technology ◽  
Cryptographic Keys ◽  
Electronic Storage ◽  
Patterns Of Abuse ◽  
Theoretical Foundations

Purpose The aim of this paper is to assess the relevance of cryptocurrencies with regard to the money laundering risk on the market and to present widespread money laundering techniques and recognizable patterns of abuse. In addition, this paper aims to find an answer to the question to what extent the measures of the fifth EU Anti-Money Laundering Directive (AMLD) as well as other appropriate preventive measures are sufficient to reduce the money laundering risk in the area of virtual currencies (VC). Design/methodology/approach Firstly, the analysis requires a consideration of the theoretical foundations of money laundering methods, as well as a presentation of the technical foundations of cryptocurrencies and their ecosystem. Secondly, it is discussed to what extent VC are suitable for money laundering, which characteristics enable them to launder money and which new money laundering techniques result from this. In addition, a comparison of different money laundering risk classification is done in relation to VC from the perspective of different actors in the financial market. Findings Owing to their simple electronic storage and transferability, crypto assets pose a concrete risk of money laundering. Their inclusion in the fifth AMLD was therefore a necessary step by the European legislator. However, the question arises to whether the directive and the further preventive measures presented in this paper sufficiently fulfil the objective of reducing the money laundering risk in relation to VC. One positive aspect is the inclusion of the crypto custody business as a financial service in the German Banking Act. According to the definition in Section 1 (1a) sentence 2 no. 6, the offering of wallets is subject to authorization and the offering party becomes an obligated party within the meaning of the Germany Money Laundering Act. From a supervisory point of view, the new licensing requirement is very much welcomed, as the custody of private cryptographic keys entails considerable risks. However, non-custodian wallet providers who do not store the private keys of their users, are not covered. A closer analysis of the amending directive to the fourth EU AMLD reveals that other relevant players in the crypto market, such as mixer and tumbler services, are also not covered. Originality/value It is quite clear that cryptocurrencies and the blockchain technology will continue to accompany one in the coming years. Further credit institutions arising in the market exposed to the described risks will be seen. The paper will therefore present and evaluate possible risk reduction/options for anti-money laundering for new and existing financial institutions.

Emissions and Noise Pollution Diagnosis of a Turbogas Power Plant During Commissioning Service

2010 ◽  
Author(s):  
Norberto Pe´rez Rodri´guez ◽  
Erik Rosado Tamariz ◽  
Rafael Garci´a Illescas
Keyword(s):  
Power Plant ◽  
Cooling System ◽  
Near Field ◽  
Noise Pollution ◽  
Point Of View ◽  
International Standards ◽  
Partial Load ◽  
The City ◽  
Permissible Deviation

This work is focused on the diagnosis of behavior, from the point of view of control emissions and noise level, of a power Turbogas plant during the process of commissioning, to guarantee that its operation complies with national and international standards. The environmental diagnosis of the power plant was developed as part of the performance evaluation of the unit. The conditions of the unit evaluation include operation at base load and partial load, as well as time periods for load changes. The evaluated power plant consists of an aeroderivative gas turbine installed in a simple cycle, operating with a cooling system (chiller) installed in the urban zone of Mexico City. Therefore, it should comply with the legislation and regulations of the city concerning air pollution and allowed noise, besides the international standards established by the manufacturer. The study includes emissions measurements using a Continuous Emissions Monitoring System installed in-situ, previously calibrated and checked during and after the test which was found inside the permissible deviation of 3%. Measurements were recorded at intervals of 5 minutes during test periods of 110 minutes for each load and 45 minutes for load changes. On the other hand, noise pressure evaluation was carried out in near field as well as far field produced by the power plant during operation. Measurements were carried out by using precision instruments installed specifically for it. A temporary system for obtaining data was used to monitoring the environmental conditions every 30 seconds. It was possible to verify that the turbogenerator complies with all noise levels and contaminant emissions requirements and regulations according to the limits established by the manufacturer and national and international standards.

Patriotic Gifts

2018 ◽  
Author(s):  
Thomas Grillot
Keyword(s):  
Family Members ◽  
Point Of View ◽  
Great War ◽  
Historical Anthropology ◽  
Interracial Interactions ◽  
The Core ◽  
The Great War

This chapter looks at these interracial interactions from the point of view of Indians in an effort at writing a historical anthropology of Indian patriotism. At the core of Indians' military participation and commemoration of the Great War, the practice of giving, to non-Indians or to Indians, to outsiders or to insiders, to family members or to complete strangers, structured the expression of patriotism in Indian communities. Examining Memorial and Armistice Days, in particular, this chapter looks at the role these holidays played in allowing Indians to maintain boundaries with their white neighbors and develop a series of adaptations of patriotic symbols and ceremonies that acclimatized patriotism for reservation life on an unprecedented scale.

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