scholarly journals Legal Problems Involved in the Prescription of Contraceptives to Unmarried Minors in Alberta

1969 ◽  
pp. 359
Author(s):  
Richard J. Gilborn
Keyword(s):  
Juvenile Delinquency ◽  
Medical Treatment ◽  
Juvenile Delinquents ◽  
Criminal Liability ◽  
Civil Liability ◽  
Criminal Code ◽  
Legal Problems ◽  
Ability To Consent ◽  
Legal Difficulties ◽  
Consent To Medical Treatment

Mr. Gilborn 's article deals with the thorny problem of the prescription of contraceptives to unmarried minors. In order to appreciate the legal difficulties involved in the area, an examination of the ability of minors to consent to medical treatment in general is undertaken. Using the 'mature minor' rule, as a base, it has to be considered whether the treatment involved is such as to fall within its scope. The article then examines the various ways in which a doctor might be made liable. The author considers possible civil liability, criminal and quasi-criminal liability under the Criminal Code and the Food and Drug Act, and finally the issue of whether the prescription of contraceptives could be viewed as contributing to juvenile delinquency under the Juvenile Delinquents Act. Lastly, the article considers the possibility of disciplinary proceedings launched by professional bodies as a possible risk in the prescription of contraceptives. The article concludes with a series of recommendations as to how the law in this area may berendered more clear not only in the field of the prescription of contraceptives but in the area of a minor's ability to consent to medical treatment in general.

To the issue of legal liability for informational and mental iatrogenesis and their correlation

2019 ◽  
pp. 165-174
Author(s):  
Nikolai Alekseyevich Ognerubov
Keyword(s):  
Russian Federation ◽  
Criminal Liability ◽  
Civil Liability ◽  
Legal Liability ◽  
Criminal Code ◽  
Point Of View ◽  
Medical Worker ◽  
The Russian Federation ◽  
Criminal Legislation

We consider various approaches to understanding and classifying such phenomenon as “iatrogenesis”. Taking into account the specifics of the stated theme, we highlight informational and mental manifestations of iatrogenesis, we identify approaches where these types differ, as well as approaches where they are identical. Due to this, we analyze informational and mental iatrogenesis from the juridical science point of view. We define the reasons for the criminal liability of a medical worker for “classical” mental iatrogenesis as highly controversial. At the same time there is a civil liability, namely, the issue of causing moral harm. In the context of the consideration of informational iatrogenesis, we propose to pay attention to the provisions of Article 137 of the Criminal Code of the Russian Federation and Article 732 of the Civil Code of the Russian Federation, as well as the provisions of criminal legislation on offenses to which medical workers may be subject, and the provisions of civil legislation on redress for the non-pecuniary damage as a civil liability. The conducted research led to the conclusion that it is impossible to identify informational and mental iatrogenesis from a legal point of view. We substantiate the necessity of conducting work at the legislative level on a clear classification of iatrogenesis as a basis for further research on its individual differentiations, which have legal significance both in doctrinal and practical terms.

scholarly journals Features of criminal responsibility and punishment of juveniles under the criminal code of Ukraine and the Republic of Kazakhstan

2020 ◽  
Vol 4 (4) ◽  
pp. 231-237
Author(s):  
Oleksandra Skok ◽  
Taisiya Shevchenko
Keyword(s):  
Juvenile Delinquency ◽  
Criminal Responsibility ◽  
Criminal Liability ◽  
Legal Regulation ◽  
Criminal Code ◽  
Public Works ◽  
Criminal Offense ◽  
The Past ◽  
The Republic ◽  
The Right

. The place of a juvenile as a subject of a criminal offense in the system of legal regulation of issues related to criminal liability has been determined. The peculiarities of criminal responsibility and punishment of minors, defined in the Criminal Code of Ukraine and the Criminal Code of the Republic of Kazakhstan, are considered. An analysis of statistics on the number of criminal offenses committed over the past five years by persons aged 14 to 18 years. Minor fluctuations in the level of juvenile delinquency committed in Ukraine over the past five years indicate an insufficient level of counteraction to juvenile delinquency in Ukraine. The criminal-legal characteristic of punishments which can be applied by court to the juvenile found guilty of commission of a criminal offense is given. The grounds and procedure for applying to minors convicted of a criminal offense the main punishments provided by the domestic law on criminal liability, such as: fine, have been studied in detail; public works; corrective work; arrest; imprisonment for a definite term. Attention is also paid to additional penalties in the form of fines and deprivation of the right to hold certain positions or engage in certain activities. Taking into account the provisions of the Criminal Code of the Republic of Kazakhstan, the punishments imposed on minors are analyzed, namely: deprivation of the right to engage in certain activities; fine; corrective work; involvement in public works; restriction of liberty; imprisonment. Attention is paid to the legislative regulation of issues related to exemption from criminal liability and punishment with the use of coercive measures of an educational nature.

scholarly journals Entrepreneurial Risks in Criminal Law

2017 ◽  
Vol 4 (4) ◽  
pp. 38-44
Author(s):  
S I Merkushina
Keyword(s):  
Social Relations ◽  
Criminal Law ◽  
Criminal Liability ◽  
Civil Liability ◽  
Criminal Code ◽  
Business Risk ◽  
Contractual Obligations ◽  
The Right

The article deals with the notion of «ordinary entrepreneurial risk», the possibility of using it as a criterion for distinguishing civil liability for non-fulfillment of obligations and criminal liability for criminal acts involving non-fulfillment of contractual obligations, the possibility of applying this concept in the sphere of the right regulation of social relations arising in connection with the commission of crimes, the ratio of ordinary business risk and reasonable risk (art. 41 of the Criminal Code of the RF).

Foreign Direct Liability of Multinational Corporations in the Dutch Legal Order

2021 ◽  
pp. 201-229
Author(s):  
Channa Samkalden
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
Criminal Liability ◽  
Civil Liability ◽  
Criminal Code ◽  
European Convention ◽  
Human Rights Abuses ◽  
Applicable Law ◽  
Potential Basis ◽  
Corporate Criminal Liability

Channa Samkalden reviews the position in the Netherlands regarding the imposition of liability on multinationals for human rights abuses overseas. She explains the potential basis for, the process, and the advantages of seeking corporate criminal liability under the provisions of the Criminal Code. Regarding civil liability, she outlines the rules on jurisdiction, applicable law and the interplay with the Dutch Code of Civil Procedure, including forum necessitates. She outlines jurisdictional decisions in Milieudefensie v. Shell and Kiobel v. Shell and the principle for establishing foreign direct civil liability on a parent company based on the breach of a tort law duty of care and alternative grounds and the potential relevance of soft law and the European Convention on Human Rights. She outlines the rules on admissibility of claims by representative organisations, collective actions, limitation, assessment of damages, discovery, witness protection, and costs and funding.

The main problems of operational-search counteraction to bribery in Russia (based on the example of the practice materials in the Komi Republic)

2020 ◽  
Vol 2020 (1) ◽  
pp. 151-157
Author(s):  
Vladimir Danko
Keyword(s):  
Russian Federation ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Practical Experience ◽  
Criminal Code ◽  
Komi Republic ◽  
Legal Problems ◽  
Subject And Object ◽  
The Russian Federation ◽  
Object Of Crime

The work is carried out on the basis of special methods of knowledge, including historical-legal, logical, formal-legal. In the article, taking into account scientific sources and practical experience, the legal problems of operative-search counteraction to crimes provided for in Article 290-291.2 of the Criminal Code of the Russian Federation are considered. The analysis of bribery is realized jointly, because there are identical characteristics in all its corpus delicties – the same subject and object of crime. The existing norms of criminal and criminal procedure laws in relation to bribery are analyzed. Principal operative-search measures used in documentation of bribery are determined. They are surveillance and operational experiment. Their difference is justified and successful use examples are examined. An actual statistics of the Komi Republic for 2015-2018 is given. The lack of normative securing for interaction between operational subdivisions and preliminary investigation body is ascertained. Based on personal practical experience some measures to counteract bribery are proposed.

MAIN SPECIFICATIONS OF ASSESSING ACTIVITIES OF MINOR IMPORTANCE OF IN MODERN CRIMINAL LAW

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 83-95
Keyword(s):  
Criminal Law ◽  
Criminal Liability ◽  
Case Law ◽  
Criminal Code ◽  
The Other ◽  
European Countries ◽  
Minor Importance ◽  
Detailed Review

The research includes the full and the detailed overview of assessing activities of minor importance in Georgian Criminal Law. The Article 7 of the Criminal Code of Georgia states the following: a crime shall not be an action that, although formally containing the signs of a crime, has not produced, for minor importance, the prejudice that would require criminal liability of its perpetrator, or has not created the risk of such harm. The research includes the main criteria of defining activities as activities of minor importance. The detailed review of Georgian case law is also introduced, as well as, legislation, judicial literature and experience of the other European countries.

Types of Criminal Acts

2021 ◽  
pp. 255-260
Author(s):  
Alexander V. Shesler ◽  
◽  
Keyword(s):  
Russian Federation ◽  
Essential Feature ◽  
Criminal Liability ◽  
Criminal Code ◽  
Forced Labor ◽  
Drug Addicts ◽  
Federal Republic Of Germany ◽  
Judicial Practice ◽  
The Russian Federation ◽  
A Minor

The article examines criminal acts, with which the law associates certain criminal legal consequences. The aim of the article is to substantiate the identification of various criminal acts and show their specificity in comparison with crimes. The research is based on the domestic criminal legislation, materials of judicial practice and the legislation of the Federal Republic of Germany. The research methods are: the method of comparative law, which allowed comparing the provisions about criminal offenses in the 1960 Criminal Code of the RSFSR and in the 1996 Criminal Code of the Russian Federation, in the Criminal Code of the Russian Federation and the Criminal Code of Germany; the method of document analysis, which made it possible to analyze the judicial practice and proposals of the Supreme Court of the Russian Federation on the introduction of provisions on criminal offences in the Criminal Code of the Russian Federation; the formal-logical method that made it possible to analyze the content of the norms of the Criminal Code about criminal acts. The article concludes that, in addition to crimes, criminal acts should include: a criminal offence, which entails criminal liability in the form of replacing punishment with a more severe one (fine, compulsory labor, correctional labor, restriction of freedom as the main type of punishment, forced labor) or criminal liability in the form of the cancellation of any type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts); a minor act; socially dangerous behavior of persons who are not subjects of a crime due to their minor age or insanity; innocent infliction of harm. The article shows the specificity of a misdemeanour, consisting in the fact that this act is not socially dangerous, does not contain signs of a crime, violates the liability of the convicted person to be subject to limitations arising from the court-appointed punishment or type of probation (suspended sentence, parole, deferred sentence, deferred sentence for drug addicts). It is substantiated that a minor act should be referred to circumstances that exclude the criminality of an act due to the absence of public danger, an essential feature of a crime. It is argued that acts, provided for by the Special Part of the Criminal Code of the Russian Federation, committed in a state of insanity and entailing compulsory medical measures, should not be subject to criminal law. The article criticizes the judicial practice of a broad interpretation of the commission of a crime by a group of persons, according to which it is not only a co-execution, but also any execution of the objective side of the crime by several persons, of which only one can be the perpetrator. It is argued that causing harm due to the non-compliance of the psychophysiological qualities of a person with the requirements of an extreme situation does not apply to innocent infliction of harm.

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