scholarly journals MARITIME DOCTRINE OF UKRAINE FOR THE PERIOD UP TO 2035 (2009-2015-2018): ORGANIZATIONAL (ADJECTIVE AND PROCEDURAL) ASPECT OF DOCTRINE FORMATION

2021 ◽  
pp. 17-26
Author(s):  
S. S. Kuznietsov
Keyword(s):  
Procedural Aspect

scholarly journals The Standards of Proof in Medical Malpractice Cases

2020 ◽  
Vol 13 (2) ◽  
pp. 173-196
Author(s):  
Nina Cek
Keyword(s):  
Human Rights ◽  
Informed Consent ◽  
Legal System ◽  
Medical Error ◽  
Medical Malpractice ◽  
Civil Proceedings ◽  
Standards Of Proof ◽  
Evaluation Of Evidence ◽  
Procedural Aspect ◽  
The Eu

The article examines the procedural aspect of medical malpractice cases. It focuses on the differences in proof standards by first explaining the characteristics of the Slovenian legal system and then comparing it with German and English legal systems. The author sheds light on the EU court's approach on the question of the responsibility of the manufacturer for the product (vaccine) and suggests the direction to use a broader framework for the evaluation of evidence and presumptions. Given the disclosed problems of proving through a medical expert's help, the article emphasizes the importance of respect for human rights in civil proceedings. Particular emphasis is also placed on no-fault systems. The question is raised of how introducing such a system into the Slovenian legal system would affect the perceived problem of proving a medical error and informed consent omission.

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 The right to appeal on criminal procedure under international acts and jurisprudence

2017 ◽  
Vol 6 (2) ◽  
Author(s):  
MSc. Vilard Bytyqi
Keyword(s):  
Best Practice ◽  
Second Phase ◽  
Court Decisions ◽  
Criminal Proceedings ◽  
Advanced Level ◽  
The World ◽  
The Right ◽  
Court Of First Instance ◽  
Comparative Description ◽  
Procedural Aspect

The right to appeal, respectively the right on complaint as per our legal vocabulary, constitutes the basic trunk of the second phase of court decisions in a certain procedure, in particular the criminal proceedings.The aim of this paper is to emphasize the main notions of appeal, but also in other aspects through the comparative description it aims to bring more clarity in differences and similarities that exist in between the appeal which is used in our criminal proceedings and the appeal which is used in the criminal proceedings that take place in the supranational courts. It is known that in courts which consist of international elements, the appeal is positioned in a more advanced level, due to the fact that there are grounds of suspicion used over every element that could be used in any national criminal proceedings.Overall, in any place of the world, the appeal has the goal to remedy court decisions brought by the court of first instance, while, in the procedural aspect it has more or less differences depending on the regulations of criminal procedures of that state. Such difference due to the diversity of the legal systems today are also accepted as the universal legal value, since establishment of international tribunals provides the best practice in this field. 

scholarly journals Fatigue as a threat in civil aviation

2021 ◽  
Vol 18 (2) ◽  
pp. 105-124
Author(s):  
Velimir Isaković ◽  
Dragan Đurđević
Keyword(s):  
Human Factor ◽  
Safety Management ◽  
Interdisciplinary Approach ◽  
Civil Aviation ◽  
Material Damage ◽  
Work Processes ◽  
Timely Manner ◽  
Loss Of Life ◽  
Management Measures ◽  
Procedural Aspect

Fatigue as a term does not represent a disease, but a state of reduced mental and/or physical potentials and requires an interdisciplinary approach to detecting and managing risks in mutually related and conditioned work processes. Knowing the principle of fatigue allows us to discover, understand, predict and reduce the possibility of escalation of problems in a timely manner. Today, fatigue is recognized in civil aviation as the direct cause of more than 20% of incidents. Security and safety management measures are mainly aimed at reducing threats from a technical or procedural aspect while ignoring the fact that inadequate management of the Human Factor causes 80% of injuries, loss of life and material damage.

Category of evidence in the law system of modern Russia: epistemological and axiological aspects

2020 ◽  
pp. 71-80
Author(s):  
I. I. Dokuchaev
Keyword(s):  
Law System ◽  
Legal Norms ◽  
The Law ◽  
Evidence And Proof ◽  
Procedural Aspect ◽  
Modern Russian

The work is devoted to revealing the axiological and gnoseological aspects of the contents of the legal norms of the modern Russian procedural codes (criminal, civil and arbitral, as well as administrative offenses) containing the concept of evidence and proof. It is shown that objective (facts), subjective (sources) and procedural aspects of evidentiary legal norms have epistemological and axiological content. The latter is concentrated in the subjective and procedural aspect of the proof.

Part IV The Right to Reparation/Guarantees of Non-Recurrence, A The Right to Reparation, Principle 32 Reparation Procedures

2018 ◽  
Author(s):  
d’Argent Pierre ◽  
de Ghellinck Isabelle
Keyword(s):  
Human Rights ◽  
Theoretical Framework ◽  
Historical Background ◽  
International Level ◽  
Human Right ◽  
International Human Rights ◽  
Human Rights Treaties ◽  
International Human ◽  
The Right ◽  
Procedural Aspect

Principle 32 deals with the procedural aspect of the right to reparation, that is, the right for victims of human right violations to access remedial procedures. It addresses three issues: the right to access remedial procedures, procedural requirements of national reparation programmes, and regional and international procedures. While the obligation of states to provide effective remedies is enshrined in most of, if not all, the key international human rights treaties, Principle 32 provides for a right to all victims to access remedies. ‘Reparation’ and ‘remedies’ are both envisioned as victims’ rights, but the distinction between them is vague. After providing a contextual and historical background on Principle 32, this chapter discusses its theoretical framework and how the reparation procedure, judicial or administrative, dealing with gross violations of human rights at national or international level has been implemented.

scholarly journals Rationality as a Means of Formalism in Science and Practice (criminal procedural aspect)

2014 ◽  
Vol 1 (4) ◽  
pp. 161-169
Author(s):  
А А Tymoshenko
Keyword(s):  
Criminal Justice ◽  
Procedural Aspect

The article deals with the use of reasonable categories in the science and practice of criminal justice. It is proposed not to allow the formalization of criminal procedural activities.

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