scholarly journals AWARENESS AS A MANDATORY FEATURE OF CONSENT TO HUMAN GENOME RESEARCHES (TREATMENT, DIAGNOSTICS) (IN TERMS OF THE PROPER PROTECTION OF HUMAN RIGHTS AND FREEDOMS)

2020 ◽  
Vol 16 (2) ◽  
pp. 81-98
Author(s):  
Юрий Поваров
Keyword(s):  
Informed Consent ◽  
Human Genome ◽  
Relevant Information ◽  
Legal Aspects ◽  
Private Life ◽  
Point Of View ◽  
Third Party ◽  
Dialectical Logic ◽  
Legal Norms ◽  
The Individual

One of the key factors in assessing the coordination of the third-party interference in a citizen’s private life (including when implementing activities related to the human genome) is his awareness of the actual and (or) legal aspects of such interference; however, many aspects of relevant information procedures remain blank or debatable. Aim: to identify the causes and significance (first of all, from the point of view of observing the principle of respect for the individual) of entrenchment in international legal acts and Russian legislation the requirement of informed consent of the subject; analysis of approaches to determining the content and volume of information provided, as well as to interpreting the provision on reporting data in an accessible form; studying the specifics of informing in extraordinary situations (refusal to receive information, etc.). Methods: general theoretical methods of formal and dialectical logic; private scientific methods such as comparative legal, legal dogmatic, the method of interpreting legal norms. Results: it is established that the main factors for introducing the sign of informed consent are the nature of the protected goods and the qualification of the citizen as a weak (vulnerable) side; the appropriateness of using the categories of “necessity” and “sufficiency” is justified in determining the completeness of the disclosed information; a close relationship between the signs of awareness and voluntariness of consent is disclosed, which, however, does not cancel their autonomy.

Brain Banking – Bioethical Implications

2021 ◽  
Vol 66 (Special Issue) ◽  
pp. 68-68
Author(s):  
Ioana Diaconescu ◽  
◽  
Sorin Hostiuc ◽  
George Cristian Curca ◽  
◽  
...  
Keyword(s):  
Informed Consent ◽  
Neurodegenerative Diseases ◽  
Research Participant ◽  
Legal Aspects ◽  
Research Field ◽  
Point Of View ◽  
Brain Banking ◽  
Legal Norms ◽  
Brain Material ◽  
Processing And Storage

"Novel biotechnologies like brain banking pose a challenge in neurodegenerative diseases research, being not only a step towards a better understanding for these diseases, but also from a bioethical point of view. Brain banks collect tissue for research purposes from deceased persons suffering from neurodegenerative diseases such as Parkinson’s or Alzheimes’s disease. In order to improve the quality in this research field, confidentiality and a detailed informed consent are aspects that should be emphasized. Moreover, given the fact that the brain collecting takes place during an autopsy, legal aspects also play an important role, hence a legal frame is also needed. The role of the deceased’s family should also be taken into account, especially when and how they can decide if the autopsy can be performed in the first place. The research participant should sign a detailed informed consent that must remain the research basis to which extent the collected data should be disclosed. Finally, only a framework of bioethical and legal norms can improve the quality of brain banking research. A comprehensive perspective for brain banking from obtaining, processing, and storage of brain material to bioethical and legal aspects should increase the scarce sapling of brain banking. "

scholarly journals Reinsurance of Third Party Motor Insurance and Motor Insurance in Finland

1962 ◽  
Vol 2 (1) ◽  
pp. 174-176 ◽  
Author(s):  
Teivo Pentikäinen
Keyword(s):  
Point Of View ◽  
Third Party ◽  
Lump Sum ◽  
Legal Limits ◽  
Physical Injuries ◽  
Insurance Cover ◽  
Motor Insurance ◽  
Full Compensation ◽  
The Individual ◽  
Risk Limits

The need and extent of reinsurance of third party motor insurance depends fundamentally on the risk limits prescribed in the legislation of the country in question (and on the other hand the legal limits of the compulsory insurance may have been fixed with regard to the reasonable possibilities of the insurers getting reinsurance). There are two kinds of risk limits which are applied in different countries: total limits and individual limits. The former defines the maximum joint indemnity for an accident, paid to all claiments together, and the latter defines the maximum indemnity paid to each claiment separately. From the social point of view limits of this sort are not expedient, especially in regard to physical injuries. Owing to this total limit the indemnity for a single claiment can depend on the number of other claiments, which is quite inadequate from the point of view of the actual need to get insurance cover for injuries. The individual lump sum limit allows full compensation for slight injuries but can cut down the compensation for serious ones, which is an irrational method of settling an indemnity system. Owing to these risk limits motor car drivers may also be held responsible for the extra claims personally on the basis of civil (or criminal) law, which compels them to take an extra third party liability insurance (which often also has risk limits).

Harnessing the Human Genome Through Legislative Constraint

1998 ◽  
Vol 5 (1) ◽  
pp. 53-65 ◽  
Author(s):  
Keyword(s):  
Informed Consent ◽  
Human Genome ◽  
Predictive Power ◽  
Medical Information ◽  
Genetic Disorders ◽  
Professional Needs ◽  
Legitimate Interests ◽  
The Individual ◽  
Genetic Medicine

AbstractThe awesome predictive power of genetic medicine promises great advancements in not only the treatment of identifiable conditions but the prevention of their pathological manifestations. At the same time, the release and dissemination of this genetic or medical information poses a distinct risk of loss of privacy and stigmatization to carriers of genetic disorders. In order to safeguard the individual right of autonomy, privacy, confidentiality and informed consent—yet accommodate the legitimate interests of employers and insurers to obtain medical information relevant to their professional needs and economic responsibilities—a balance must be struck legislatively at the federal and state levels of government.

scholarly journals Digital Sovereignty in the Context of Globalization: Philosophical and Legal Aspects

2020 ◽  
Vol 2020 (2) ◽  
pp. 146-152
Author(s):  
Evgeniy Gavrilov
Keyword(s):  
Social Development ◽  
Social Order ◽  
Legal Aspects ◽  
Theory And Practice ◽  
Digital Data ◽  
Global Order ◽  
Legal Norms ◽  
Actual Meaning ◽  
The Individual ◽  
The Right

The article features the problem of consolidating and understanding the digital sovereignty of the State and the individual. The author addresses the challenge of establishing a correlation between the idea of digital sovereignty and the global socio-political change. The paper focuses on the effect of modern trends of social development, i.e. accelerated social informatization and globalization, on the development of doctrine of digital sovereignty and its legal design. The author believes that the idea of digital sovereignty is a reaction to the transformation of the global social order, which resulted in new doctrinal provisions and legal norms. They give citizens the right to determine the process of formation, storage, and management of digital data, as well as to ensure their inviolability. The legal formalization of digital sovereignty can indicate either the protection of statehood and personality or, on the contrary, their absorption by structures of the global order. As a result, such categories as "sovereignty, "statehood, or "personality" may eventually lose their actual meaning and real content. The conceptualization of the phenomenon of neurosovereignty and its implementation programs might be the future of the theory and practice of sovereignty.

Comparative Shopping on Agent Web Sites

2011 ◽  
pp. 124-128
Author(s):  
Ming Wang
Keyword(s):  
Web Sites ◽  
Credit Card ◽  
Information Overload ◽  
Relevant Information ◽  
Point Of View ◽  
The Internet ◽  
Purchase Order ◽  
Customer Reviews ◽  
Online Shoppers ◽  
The Individual

The enormous amount of commercial information available on the Internet makes online shoppers overwhelmed and it difficult to find relevant information. The recent development of shopping agents (bots) has offered a practical solution for this information overload problem. From the customer’s point of view, a shopping agent reduces search complexity, increases search efficiency, and supports user mobility. It has been proposed that the availability of agent Web sites is one of the reasons why e-markets should be more efficient (Mougayar, 1998). Shopping bots are created with agent software that assists online shoppers by automatically gathering shopping information from the Internet. In this comparative shopping environment, shopping agents can provide the customer with comparative prices for a searched product, customer reviews of the product, and reviews of the corresponding merchants. The agent will first locate the merchants’ Web sites selling the searched product. Then, the agent will collect information about the prices of the product and its features from these merchants. Once a customer selects a product with a merchant, the individual merchant Web site will process the purchase order and the delivery details. The shopping agent receives a commission on each sale made by a visitor to its site from the merchant selling the product on the Internet. Some auction agent Web sites provide a negotiation service through intelligent agent functions. Agents will represent both buyers and sellers. Once a buyer identifies a seller, the agent can negotiate the transaction. The agents will negotiate a price and then execute the transaction for their respective owners. The buyer’s agent will use a credit card account number to pay for the product. The seller’s agent will accept the payment and transmit the proper instructions to deliver the item under the terms agreed upon by the agent.

Information Security of Russia in the Digital Economy: The Economic and Legal Aspects

2018 ◽  
Vol 9 (1) ◽  
pp. 89 ◽  
Author(s):  
Evgeniya Evgenevna FROLOVA ◽  
Tatyana Anatolevna POLYAKOVA ◽  
Mihail Nikolaevich DUDIN ◽  
Ekaterina Petrovna RUSAKOVA ◽  
Petr Aleksandrovich KUCHERENKO
Keyword(s):  
Information Security ◽  
Security Policy ◽  
System Analysis ◽  
Legal Aspects ◽  
Power Structures ◽  
Dialectical Logic ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Guidance Documents ◽  
Legal Contexts

Contemporary realities dictate that technologization, digitalization (transition of the economy and the social sector to digital technologies of functioning and interaction) and the national intellectual capital are the basic competitive advantages of the country that require proper information security. An information security system is a set of corporate rules, standards of work and procedures for ensuring information security formed based on the audit of the company's information system, and the analysis of existing security risks in accordance with requirements of the regulatory documents of the Russian Federation and the provisions of the standards in the field of information security. It is especially important for Russian companies actively interacting with foreign partners. In addressing the problem of information security, the development of the company's unified information security policy occupies a leading place; therefore, this article will be devoted to consideration of these issues. The authors of the present study proceed from the objective-subjective predetermination of any phenomena and processes of the external world. In this format, the study is based on general scientific methods: systematic analysis and generalization of normative and practical materials; formal and dialectical logic: analysis, synthesis, induction, deduction, hypotheses, analogies; and special methods of legal research: comparative-legal and historical-legal, system analysis and interpretation of legal norms. Based on the analysis, the following conclusions have been made: currently, the most important direction of the national economy development is the protection of vital human and social interests, the key element of which is information security. This study represents the development of a scientific overview of the modern ways to ensure information security in both applied and legal contexts. This article underlines and examines the problems and economic legal features of ensuring information security in Russia. These materials can be used both in preparation of other scientific research and in the development of guidance documents by the power structures.

scholarly journals Private/Public Space of New Media

2020 ◽  
Author(s):  
Alla Drozdova ◽  
◽  
Natalia Stepanova ◽  
Keyword(s):  
New Media ◽  
Public Sphere ◽  
Public Space ◽  
Private Life ◽  
Third Party ◽  
The Public ◽  
The Government ◽  
The Public Sphere ◽  
Multiple Network ◽  
The Individual

Today, we have a situation that the new media environment has reshaped our conception of reality while changing social spaces, modes of existence, and the functional mechanisms of the private sphere. In the space of new media, the boundary between privacy and publicity is redefined with the emergence of multiple network communities having become a subject of observation and evaluation, collective discussions, and even third party interventions. In the current situation, the privacy/publicity boundary can be defined both through the societal/the individual, and through such concepts as visible/invisible. The new media era sees the personification of online publicness, therefore the very sphere of private life gets consumed by the public sphere open both for being discussed and for being controlled by the government, market, and advertisement. The public sphere has fallen under the power of certain private/vested interests, which only transiently become common, coinciding with the interests of other groups, but not the public sphere. The ambivalent nature of new media, while based on personalisation and filtration, obviously determines the ambiguous and controversial relationship of the public and the private. Thus, the private not only reflects, but also represents the public, whereas the public implements privacy up to its inherent special intimate atmosphere and intonation. This fast-changing virtual reality requires the development of conceptual tools for analysing new content and forms of social and personal life, one of which is the relationship between publicity and privacy.

scholarly journals Category «privilege»: doctrine, legislation, practice

2020 ◽  
Vol 2020 (1) ◽  
pp. 53-60
Author(s):  
Artem Repyev
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Learning Style ◽  
Legal Status ◽  
Point Of View ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Situation ◽  
Approach Method ◽  
The Right

Introduction. The article is devoted to the general theoretic analysis of legal category “privilege”. The author proposes and argues the hypothesis of the perception of privilege as a form of legal advantage different from such types of this system as courtesy and immunity. The work presents essential and substantial consideration of legal privilege from the point of view of the doctrine of law, historical and modern legislation, as well as law enforcement practice. The aim is to form a view of privilege as a form of improving the legal situation of individual entities with special legal status; to propose its definition. Methodology. Historical learning style, empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic. Specific scientific methods: technical approach, method of interpretation of legal norms. Results. Analysis of doctrinal sources of Russian and foreign law, historical monuments of jurisprudence, modern normative legal acts and law enforcement practice has shown thatthe category of privilege is often mixed with other legal means, having an incentive or rewarding character. On the basis of the establishment of similarity and distinction elements between privilege, courtesy and immunity, aspects of their interaction and existing contradictions, the author proves the independent categorical nature of privilege, identifies its specific features, which differ from related legal phenomena. Conclusion. In both legal science (theoretical and sectoral) and the system of legislation, it is necessary to clearly distinguish the understanding and application of the legal category “privilege” by means of: establishing legal definition, unification and specifying the provisions of normative acts using backing, incentive and rewarding instrumentarium; achieving the justifiable use of evaluation categories giving the right to the privilege. The actions taken should contribute not only to improving the efficiency of public relations regulation due to the legal advantages system, but also to reducing the corruption risks associated with the granting of such “on top of ” rights, diminishing administrative barriers on receipt and realization.

scholarly journals COMPARISON OF LEGAL ENTREPRENEURSHIP FORMS FROM ACCOUNTING POINT OF VIEW IN CONDITIONS OF THE SLOVAK REPUBLIC

2017 ◽  
Vol 11 (1) ◽  
pp. 52-60
Author(s):  
Ivana Váryová ◽  
Iveta Košovská
Keyword(s):  
Slovak Republic ◽  
Basic Research ◽  
Point Of View ◽  
Theoretical Research ◽  
Legal Form ◽  
Legal Norms ◽  
Single Entry ◽  
Definition Of ◽  
The Individual ◽  
Double Entry

Each legal form of entrepreneurship requires the individual approach from the accounting point of view as every entrepreneur subject does not meet the definition of an accounting entity pursuant to the Act on Accounting. The paper´s aim is to compare the legal entrepreneurship forms from accounting point of view and to assess different alternatives of expense verifiability. The theoretical research has been applied for reaching the paper's aim. Basic input materials are legal norms. Generally accepted basic research were used when preparing the article. Based on the results it can be stated that entrepreneurs registered in the Business Register do not have a possibility to select from individual alternatives of keeping the evidence for their management and are obliged to keep the system of double entry bookkeeping. Natural persons are not obliged to register in the Business Register therefore they can select from various possibilities of verification of incurred expenses. One feasibility is presented by the system of double entry bookkeeping or single entry bookkeeping. The systems of keeping tax records or applying fixed expenses are others. The keeping of tax records is less administrative intensive compared to bookkeeping. Keeping of tax records is advantageous for an entrepreneur as he is not the subject of the Act on Accounting while he is not an accounting entity. The easiest alternative for the entrepreneurs is not to verify real incurred expenses but to apply fixed expenses in the amount of 40 % from achieved income.

scholarly journals PROTECTION AGAINST VIOLENCE AND HARASSMENT IN THE WORLD OF WORK: CHALLENGES AND OPPORTUNITIES FOR RUSSIA AND KAZAKHSTAN

2021 ◽  
pp. 624-647
Author(s):  
S. Yu. Golovina ◽  
◽  
E. V. Sychenko ◽  
I. V. Voitkovska ◽  
◽  
...  
Keyword(s):  
Physical Violence ◽  
Executive Branch ◽  
Private Life ◽  
Dialectical Logic ◽  
Legal Norms ◽  
Legal Method ◽  
Labor Legislation ◽  
The World ◽  
Challenges And Opportunities ◽  
Violence In The Workplace

Introduction: the article deals with the problem of violence in the workplace or in another place where the employee performs their labor duties. Statistics show that a significant number of people suffer from violence at work in both Russia and Kazakhstan. The problem of sexual harassment, if considered as a narrower part of the phenomenon of violence in the world of work, is becoming ‘visible’ in the countries of the post-Soviet space, especially in connection with the numerous statements of women who have reported harassment at work. The purpose of our study is to find legal solutions for those who have been subjected to violence and harassment at work since the greatest difficulties for them are: fear of stigmatization, the difficulty of recognizing violence and harassment on the part of colleagues and managers as ‘inappropriate’ behavior, the choice of the form of behavior for both the victim and the employer in a situation where violence has occurred, as well as the process of proving the fact of psychological or physical violence in conjunction with the necessity to expose the specified facts of private life for general discussion. Methods: empirical methods of comparison, description; theoretical methods of formal and dialectical logic; special scientific methods such as the comparative legal method and the method of interpretation of legal norms. Results: we have shown that the legislation and practice of Russia and Kazakhstan in the field of protection from violence and harassment at work are not in complete conformity with international labor standards; formulated some proposals concerning available legal mechanisms to be used for the development of legislation aiming to ensure the protection of workers from violence and harassment. Conclusions: the labor legislation of Russia and Kazakhstan does not protect workers from violence and harassment at work, however, there are attempts made at the level of the executive branch to regulate the problem in a recommendatory manner. Practice shows that employers and employees seek dialogue on this sensitive issue. Judicial practice in Russia and Kazakhstan testifies to the low awareness among judges of the issues concerning protection of workers from such forms of violence as oppression, victimization, mobbing, and harassment

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