scholarly journals Temporary Access to Documents Containing Medical Secrecy (Criminal Procedural Aspect)

2020 ◽  
Vol 76 (1) ◽  
pp. 172-178
Author(s):  
S. Y. Ablamskyi ◽  
V. V. Romaniuk
Keyword(s):  
Access To Information ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Legal Science ◽  
The Future ◽  
Definition Of ◽  
Access To Documents ◽  
Procedural Aspect

The relevance of the issue under research is due to the fact that the investigation of certain types of crimes is not possible without studying documents that contain information that may constitute medical secrecy. That is why, the procedure for temporary access to documents containing information that may constitute medical secrecy should be provided at the legislative level in order to ensure their protection. While writing this research, the author has used a set of methods applied in legal science. With the help of comparative and legal, formal and legal methods, the author has analyzed provisions of the current legislation of Ukraine, which regulate the procedure for protecting medical secrecy and access to documents that may contain such information. The search and bibliographic method provided a search for literature sources on the issue under research, which provided the definition of access to information containing medical secrecy. The legal basis for the protection of information that may constitute medical secrecy has been clarified. Legislative provisions, which provide the peculiarities of access to documents containing information that may constitute medical secrecy, have been singled out and analyzed. It has been argued that the evidence collected in violation of the procedure of such a measure to ensure criminal proceedings is inadmissible, so can not be taken into account by the court in the future. Particular attention has been paid to the fact that the seizure of documents containing information that may constitute medical secrecy should be carried out only through the temporary access to them. In order to eliminate legislative gaps within the issue under research, it has been offered to make appropriate amendments and alterations to the current legislation.

scholarly journals TEMPORARY ACCESS TO DOCUMENTS CONTAINING MEDICAL CONFIDENTIALITY (CRIMINAL PROCEDURAL ASPECT)

2020 ◽  
Vol 73 (5) ◽  
pp. 1032-1036
Author(s):  
Serhii Ye. Ablamskyi ◽  
Vitalii V. Romaniuk ◽  
Ruslan P. Chycha ◽  
Viktoriia V. Ablamska
Keyword(s):  
Comparative Analysis ◽  
Scientific Knowledge ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Medical Confidentiality ◽  
The Future ◽  
Improvement Of Legislation ◽  
Access To Documents ◽  
Procedural Aspect

The aim of the study: 1) to determine the features of temporary access to documents containing information that may be a medical confidentiality; 2) to identify legislative gaps regarding the regulation of the measure of criminal proceedings; 3) to formulate proposals for improvement of legislation in the part of the investigated issue. Materials and methods: The legal basis for the protection of information that may be a medical confidentiality is provided. Legislative provisions have been identified and analyzed, which provide for particulars of access to documents containing information that may be a medical confidentiality. It is argued that the evidence collected in violation of the procedural order of the measure of criminal proceedings is inadmissible and therefore cannot be taken into account by the court in the future. Writing the article, the authors used both general and special methods of scientific knowledge, namely: formal-legal, formal-logical, comparative analysis and logical-normative. The complex application of these methods has made it possible to formulate science-based conclusions and proposals. Conclusions: Exemption of documents containing information that may constitute medical confidentiality should be done exclusively by temporary access to them. In order to eliminate the legislative gaps of the investigated issue, it is proposed to amend the current legislation accordingly.

scholarly journals NOTARY’S RESPONSIBILITY TO THE TRUTH OF DATA IN THE MAKING OF ISLAMIC BANKING CONTRACT IN INDONESIA

2018 ◽  
Vol 5 (1) ◽  
pp. 47
Author(s):  
Abdul Muin
Keyword(s):  
Civil Code ◽  
Islamic Banking ◽  
Public Official ◽  
Legal Basis ◽  
The Future ◽  
The Government ◽  
Definition Of

Notary is a public official appointed by the government authorized to make an authentic deed as stipulated in UUJN. Authority as mentioned above includes in the making of deed or contract on Islamic Banking. A contract according to language is binding, connecting, as for the meaning of the contract by term is an association or meeting between ijab and qabul that result in law. While the definition of Islamic Banking is a bank that runs its operations based on the principles of sharia. Notary Authority as regulated in Law Number 30 Of 2004 junto Law Number 2 Of 2014 concerning Notary Position shall be based on the honesty of Notary in executing its duties and authority including within the truth of the data in the process of making the contract. If the contract or deed made by the Notary in the future found the supporting data proved counterfeit and Notary participate in the practice of data forgery then the Notary is the person involved in making the contract with false data. However, if the data on which the notarial deed is made is not involved in the falsification, then the Notary does not take responsibility in the criminal act of falsifying the data. And the notary may exercise its right of interest. The legal basis of this journal is the Qoran and Hadits, Law No. 30 of 2004, Law No. 2 of 2014 on the position of Notary, Law Number 31 Of 2008 concerning Islamic Banking and the Civil Code.

scholarly journals ON THE ESSENCE AND LEGAL NATURE OF THE FORENSIC EXAMINATION IN CRIMINAL PROCEEDINGS

2021 ◽  
pp. 5-16
Author(s):  
V. Tishchenko ◽  
L. Belik ◽  
O. Samoilenko ◽  
Yu. Tishchenko
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Procedural Law ◽  
Procedure Code ◽  
Legal Science ◽  
Forensic Examination ◽  
Legal Nature ◽  
Forensic Expert ◽  
The Law ◽  
Definition Of

The article is devoted to the study of aspects of the essence and legal nature of forensic examination in criminal proceedings. It is analyzed the provisions of the Law of Ukraine “On Forensic Examination”. The norms of the Criminal Procedure Code concerning the grounds for the appointment and conduct of forensic examination have been investigated. It has been established that many scientists in the field of civil procedural law, criminal procedural law, criminology and forensic examination paid attention to the legal content of the forensic examination. The nature of occurrence of forensic examination has been investigated. It has been established that at the legislative level, the term “forensic expert activity” is used only in the Law of Ukraine “On Forensic Examination”. In the specified normative legal act there is no clear definition of this concept, scientists through the analysis of some norms of law reveal its content. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. Regarding the definition of the concept of forensic examination, it has been established that there is no consensus in legal science. The article analyzes the criminal procedure form of appointing a forensic examination. Key words: forensic examination, criminal proceedings, forensic expert activity, forensic expertology, criminal procedural form.

scholarly journals Nadużycie prawa w procesie karnym

2020 ◽  
Vol 30 (4) ◽  
pp. 149-164
Author(s):  
Bartosz Łukowiak
Keyword(s):  
Legal Status ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
Definition Of

This paper analyses the issue of abuse of rights in criminal proceedings. Based on jurisprudence and doctrinal writings about the criminal proceedings, an attempt was made to provide a separate definition of this concept. Then the focus was shifted to seeking a legal basis for sanctioning manifestations of abuse of procedural right, referring to the current legal status, as well as formulating de lege ferenda postulates in this respect.

scholarly journals Properties of Criminal Procedure Presumptions

2021 ◽  
pp. 30-40
Author(s):  
Christina Kalandarishvili
Keyword(s):  
Criminal Procedure ◽  
Central Problem ◽  
Unified Approach ◽  
Criminal Proceedings ◽  
Multiple Methods ◽  
Legal Norms ◽  
Legal Science ◽  
Criminal Procedure Law ◽  
Definition Of ◽  
Modern Russian

The process of proving has always been and today still is the central problem of criminal proceedings, and most aspects of modern criminal procedure activities are connected with it. The cognitive character of the proving process presupposes the use of multiple methods, the most complex and significant of which is the method of presuming. This method of legal technique is well represented in the Russian legislation. At the same time, legal science and the theory of criminal procedure law, which have multiple definitions of legal or lawful presumption reflecting various aspects of the concept under consideration, do not contain a unified approach to understanding its essence. This situation distorts the meaning of the definition of legal presumption and leads the situation when some authors and practicing lawyers use the word “presumption” to refer to legal norms that are not, in fact, legal presumptions. The authors describe the concept, meaning and key elements of the contents (features) of legal presumption as a method of legal technique that influenced the formation and development of modern Russian criminal procedure legislation.

Challenges of Fear Conditioning Research in the Age of RDoC

2017 ◽  
Vol 225 (3) ◽  
pp. 189-199 ◽  
Author(s):  
Tina B. Lonsdorf ◽  
Jan Richter
Keyword(s):  
Fear Conditioning ◽  
Clinical Diagnosis ◽  
Research Domain Criteria ◽  
Major Focus ◽  
The Future ◽  
Definition Of ◽  
Methodological Considerations ◽  
Research Domain

Abstract. As the criticism of the definition of the phenotype (i.e., clinical diagnosis) represents the major focus of the Research Domain Criteria (RDoC) initiative, it is somewhat surprising that discussions have not yet focused more on specific conceptual and procedural considerations of the suggested RDoC constructs, sub-constructs, and associated paradigms. We argue that we need more precise thinking as well as a conceptual and methodological discussion of RDoC domains and constructs, their interrelationships as well as their experimental operationalization and nomenclature. The present work is intended to start such a debate using fear conditioning as an example. Thereby, we aim to provide thought-provoking impulses on the role of fear conditioning in the age of RDoC as well as conceptual and methodological considerations and suggestions to guide RDoC-based fear conditioning research in the future.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

Education of Mothers in Childcare

2013 ◽  
Vol 3 (3) ◽  
pp. 77-90
Author(s):  
Zuzana Vařejková
Keyword(s):  
Qualitative Research ◽  
Child Care ◽  
Empirical Research ◽  
Parental Education ◽  
Information Resource ◽  
Access To Information ◽  
Qualitative Empirical Research ◽  
Definition Of

This paper deals with the education of mothers in the care of the child and is a project of qualitative empirical research. First, it presents a theoretical definition of the topic – parenting, child care and parental learning. Subsequently, it describes the methodology and results of qualitative research which dealt with the issue of parental education of mothers in child care, specifically their access to information resource.

Neuroethics

2017 ◽  
Keyword(s):  
Brain Function ◽  
Ethical Issues ◽  
Wearable Technologies ◽  
Definition Of Death ◽  
Populations At Risk ◽  
The Future ◽  
Aging Adults ◽  
Definition Of ◽  
The Brain ◽  
New Criteria

We have new answers to how the brain works and tools which can now monitor and manipulate brain function. Rapid advances in neuroscience raise critical questions with which society must grapple. What new balances must be struck between diagnosis and prediction, and invasive and noninvasive interventions? Are new criteria needed for the clinical definition of death in cases where individuals are eligible for organ donation? How will new mobile and wearable technologies affect the future of growing children and aging adults? To what extent is society responsible for protecting populations at risk from environmental neurotoxins? As data from emerging technologies converge and are made available on public databases, what frameworks and policies will maximize benefits while ensuring privacy of health information? And how can people and communities with different values and perspectives be maximally engaged in these important questions? Neuroethics: Anticipating the Future is written by scholars from diverse disciplines—neurology and neuroscience, ethics and law, public health, sociology, and philosophy. With its forward-looking insights and considerations for the future, the book examines the most pressing current ethical issues.

scholarly journals Solar barycentric dynamics from a new solar-planetary ephemeris

2018 ◽  
Vol 615 ◽  
pp. A153 ◽  
Author(s):  
Rodolfo G. Cionco ◽  
Dmitry A. Pavlov
Keyword(s):  
High Precision ◽  
Orbital Motion ◽  
Giant Planets ◽  
Reference Plane ◽  
The Sun ◽  
The Future ◽  
Dynamical Parameters ◽  
Definition Of ◽  
Invariable Plane ◽  
Planetary Theories

Aims. The barycentric dynamics of the Sun has increasingly been attracting the attention of researchers from several fields, due to the idea that interactions between the Sun’s orbital motion and solar internal functioning could be possible. Existing high-precision ephemerides that have been used for that purpose do not include the effects of trans-Neptunian bodies, which cause a significant offset in the definition of the solar system’s barycentre. In addition, the majority of the dynamical parameters of the solar barycentric orbit are not routinely calculated according to these ephemerides or are not publicly available. Methods. We developed a special version of the IAA RAS lunar–solar–planetary ephemerides, EPM2017H, to cover the whole Holocene and 1 kyr into the future. We studied the basic and derived (e.g., orbital torque) barycentric dynamical quantities of the Sun for that time span. A harmonic analysis (which involves an application of VSOP2013 and TOP2013 planetary theories) was performed on these parameters to obtain a physics-based interpretation of the main periodicities present in the solar barycentric movement. Results. We present a high-precision solar barycentric orbit and derived dynamical parameters (using the solar system’s invariable plane as the reference plane), widely accessible for the whole Holocene and 1 kyr in the future. Several particularities and barycentric phenomena are presented and explained on dynamical bases. A comparison with the Jet Propulsion Laboratory DE431 ephemeris, whose main differences arise from the modelling of trans-Neptunian bodies, shows significant discrepancies in several parameters (i.e., not only limited to angular elements) related to the solar barycentric dynamics. In addition, we identify the main periodicities of the Sun’s barycentric movement and the main giant planets perturbations related to them.

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