scholarly journals MEDICAL CONFIDENTIALITY WITH REGARD TO THE PROTECTION OF GENETIC INFORMATION

2021 ◽  
Vol 17 (2(64)) ◽  
pp. 11-25
Author(s):  
Елена Сергеевна КРЮКОВА
Keyword(s):  
Genetic Information ◽  
Medical Information ◽  
Security Measures ◽  
Legal Regime ◽  
Medical Confidentiality ◽  
Scientific Methods ◽  
Special Scientific ◽  
Legal Structures ◽  
General Scientific ◽  
The One

The paper analyzes the rules of Russian and foreign legislation on the observance of medical confidentiality and identifies the specific nature of genetic information in protected medical information. Purpose: to analyze the Russian legislation on medical confidentiality with regard to the protection of genomic information. Methods: the author uses general scientific methods of cognition: analysis, synthesis, deduction, induction, system, historical, functional, juxtaposition and comparison. Such special scientific methods are used as formal-dogmatic, historical-legal, legal modeling, comparative-legal, legal interpretation. Results: the conclusions aresubstantiated on the need to separate genetic information within the legal regime of medical confidentiality by means of exceptions and (or) additional legal structures which, on the one hand, enhance security measures, on the other hand, differentiate between exceptional disclosures in order to protect the interests of the patient’s relatives or to meet the need for scientific research.

Administration of the educational process (legal and linguistic-didactic aspects) in the conditions of quarantine and post-quarantine measures caused by covid-19

Eduweb ◽  
2021 ◽  
Vol 15 (2) ◽  
pp. 181-193
Author(s):  
Vira Mizetska ◽  
Olena Sierykh ◽  
Hanna Savchuk ◽  
Diana Yevtimova ◽  
Oleh Synieokyi
Keyword(s):  
Public Relations ◽  
Educational Process ◽  
Scientific Methods ◽  
Functional Changes ◽  
Educational Processes ◽  
Special Scientific ◽  
Science And Education ◽  
General Scientific ◽  
The Subject ◽  
The Impact

The aim of the study is to characterize the impact of the COVID-19 pandemic on the administration of the educational process on the examples of legal and linguistic-didactic aspects. The object of the study is systemic and functional changes in science and education under the influence of the COVID-19 pandemic. The subject of the study is public relations in the field of education and science in their legal and linguistic-didactic aspect under the influence of the COVID-19 pandemic. Research methods are general scientific and special scientific methods, in particular, system-structural, formal-legal, hermeneutic; methods of analysis, synthesis. As a result of the research, the peculiarities of administration of educational processes in the conditions of COVID-19 in the aspect of mechanisms of legal support of activity of bodies of education and science, linguodidactics were formulated; the characteristic of systemic changes in the sphere of education which have occurred under the influence of the distribution of a coronavirus is carried out; describe the main approaches contained in the current scientific literature to solve the above problems.

Types of law-making powers of the Ukrainian people

2021 ◽  
Vol 28 (3) ◽  
pp. 36-46
Author(s):  
Anatoliy M. Kolodiy ◽  
Olexiy A. Kolodiy
Keyword(s):  
Integrated Approach ◽  
Case Law ◽  
Methodological Framework ◽  
Scientific Methods ◽  
National Legislation ◽  
The People ◽  
Special Scientific ◽  
General Scientific ◽  
Legislative Initiative ◽  
Law Making

The relevance of this problem is considered in the fact that in modern conditions of the state's process of developing a sovereign and independent, democratic, social, and legal state, the people's awareness of its place and role is one of vital aspects. The Ukrainian people's awareness of their rights and obligations, in this case law-making ones, will contribute to a real opportunity for the people to take part in the management of state affairs. Despite the fact that the problem of the powers of the Ukrainian people is extremely relevant at this stage of the Ukrainian history, it is understudied by Ukrainian researchers. Therefore, considering the above, this study is investigates such types of law-making powers of the Ukrainian people as the rights to: people's initiative, and within its framework – people's legislative initiative and people's referendum initiative; people's veto; people's survey, including regarding regulations; people's examination of regulations and draft regulations. The purpose of the present study is to consider theoretical material concerning the state of possibility of using the above-mentioned types of law-making powers of the Ukrainian people, as well as foreign practices in their implementation. The methodological framework of this study included an integrated approach, which involves a combination of numerous philosophical, general scientific, and special scientific methods. Based on the obtained conclusions and generalisations, the study aims to develop original proposals and recommendations for improving national legislation on this matter

Constitutional and Legal Institute of the Ombudsman and Specialized Ombudsman for Migration in Foreign Countries: Formation and Development

2021 ◽  
pp. 54-61
Author(s):  
S. G. Trifonov ◽  
◽  
K. V. Trifonova
Keyword(s):  
Public Relations ◽  
Migrant Workers ◽  
Legal Rights ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
Scientific Principles ◽  
Logical Method ◽  
General Scientific ◽  
Rights And Interests

Currently, the Ombudsman is a traditional component of democratic legal systems. The creation of such a body, as noted in the Council of Europe Resolution «On the role of commissioners/ombudsmen in the protection of citizens’ rights», which would try to ensure justice, respect for the foundations of the rule of law and at the same time be able to establish a dialogue with citizens, is necessary in many States. The purpose and objectives of this article are to consider the issues of the emergence and development of the constitutional-legal institution as an Ombudsman in General, and the evolution of this institution, in which there were various models and types of ombudsmen. It is also necessary to describe the existing models of the Ombudsman applied in different States. The article examines the functional specialization of ombudsmen, which occurs through the introduction of ombudsmen in certain areas of public relations or to protect the rights and interests of the most legally vulnerable categories and groups of the population, and specifically the emergence of the institution of migration ombudsmen. The methodology of the article is based on a set of philosophical and worldview, General scientific principles and approaches and special scientific methods of cognition of constitutional and legal phenomena. When writing, a number of General scientific and special scientific methods were used, including: system and structural-functional methods, sociological method, formal-logical method, comparative-legal method. As a result of the research, we can conclude that the essential characteristics of the Ombudsman institution have changed from the institution of supervision of the administration and the court to the most important human rights mechanism that it represents at the present stage. Within the framework of the functioning of the institution of the Ombudsman, different models have been identified in different States and specialized ombudsmen have appeared, including those dealing with the protection of the legal rights and interests of migrant workers.

ASYMMETRIC INTERDEPENDENCE AS A BASIS FOR FINANCIAL AND ECONOMIC COOPERATION IN MODERN CONDITIONS

2020 ◽  
Vol 10 (8) ◽  
pp. 1477-1488
Author(s):  
R.V. Ozarnov ◽  
Keyword(s):  
Economic Cooperation ◽  
Raw Material ◽  
Present Stage ◽  
Scientific Methods ◽  
Economic Relations ◽  
Trade Model ◽  
National Currencies ◽  
The Face ◽  
General Scientific ◽  
The One

The article is devoted to the study of the theoretical and methodological foundations for the development of financial and economic cooperation between countries at the present stage, as well as the features of financial and economic relations diversification in order to reduce the asymmetric interdependence of countries in the face of increasing global imbalances, increased volatility of world financial markets, and the COVID-19 pandemic. The subject of this research is economic relations arising in the process of interaction between countries both on a bilateral basis and in a multilateral format. The paper deals with Russian-Chinese cooperation. On the one hand, the complementarity of the basic sectors of the economy of the two countries objectively contributes to increasing cooperation and trade. On the other hand, the asymmetric interdependence of Russia and its foreign trade partners, in particular China, contributes to the conservation of an archaic trade model based on Russian raw material export and Chinese manufacturing products. Methods for diversifying financial and economic relations are proposed, consisting in expanding the flows of foreign direct investment, using and developing technical and innovative progress, reducing transaction costs, trade and investment barriers, deepening Russian-Chinese cooperation within the BRICS, SCO and other organizations and expanding the scope of using national currencies in mutual settlements. The research is based on general scientific methods of cognition, such as analysis, synthesis, comparison, graphic interpretation of statistical information, time series. On the basis of the study, the author concluded that diversification of financial and economic relations helps to reduce the asymmetric interdependence of countries at the present stage. The novelty of the article lies in the substantiation of the phenomenon of asymmetric interdependence as a method for studying the problems and trends of financial and economic cooperation between countries, highlighting the drivers of diversification, which allows reducing asymmetric interdependence. On the basis of a comparative statistical analysis, the tendency of reorientation of Russia’s foreign economic activity towards Asian markets, in particular, the PRC market, has been confirmed.

scholarly journals Formation of educational ecosystems through the digital transformation of the educational environment

2021 ◽  
Vol 121 ◽  
pp. 03004
Author(s):  
Irina Petrovna Gerashchenko ◽  
Vasiliy Aleksandrovich Kovalev
Keyword(s):  
Educational Environment ◽  
Digital Transformation ◽  
Scientific Methods ◽  
The Core ◽  
Business Ecosystem ◽  
Theoretical Approaches ◽  
Economic Interaction ◽  
General Scientific ◽  
The One ◽  
Graduating Students

Cognitive and digital transformation stimulates both academic and applied interest in the concept of socio-economic ecosystems. Today, traditional interaction chains in education, cooperation forms, for example, network ones, should give way to new organizational-economic interaction mechanisms – educational ecosystems. Research purpose is development of theoretical approaches to the formation of cross-geographic educational ecosystems through the digital transformation of the educational environment. The study is based on general scientific methods of systematization, comparison and generalization of research in the field of formation and functioning of ecosystems. Structural-functional and integrated approaches were used to develop the concept of formation of educational ecosystems. A comparative analysis of three overlapping ecosystem concepts (business ecosystems, knowledge ecosystems and innovation ecosystems) was carried out. The type, approaches and strategies for the formation of cross-geographic educational ecosystems have been determined. It is noted that digital transformation forms a digital educational environment, which can serve as the basis for the formation of cross-geographic educational ecosystems. As a typical basis for the formation of an educational ecosystem, it is proposed to use a business ecosystem as a form of socio-economic interaction of actors. As a strategy for the formation of an ecosystem, a structural strategy is defined with the allocation of a core – a leading university or an association of universities, and as actors – universities, students, post-graduate students, teachers, employees, graduating students, employers and other stakeholders. It is noted that the core plays a key role in the formation of a cross-geographic educational ecosystem. An effective strategy of the educational business ecosystem depends on the ability of the core to place other participants in positions and endow them with roles, on the one hand, corresponding to the strategy of the ecosystem as a whole, on the other hand, ensuring the actors’ satisfaction.

scholarly journals Restriction of the property rights

2021 ◽  
Vol 7 (Extra-A) ◽  
pp. 293-303
Author(s):  
Yury Alexandrovic Svirin ◽  
Vladimir Aleksandrovich Gureev ◽  
Alexandr Anatolievich Mokhov ◽  
Eduard Eduardovich Artyukhov ◽  
Igor Mikhaylovich Divin
Keyword(s):  
Theoretical Analysis ◽  
Historical Perspective ◽  
Theory Of Knowledge ◽  
Modern World ◽  
Legal Analysis ◽  
Scientific Methods ◽  
Special Scientific ◽  
General Scientific ◽  
The Difference ◽  
The Right

The authors examine the emergence of the institution of restrictions on the right to property from a historical perspective and also justify the need to introduce a mechanism of restrictions on the right in the modern world. The disclosure of the topic was carried out from the standpoint of general scientific, the method of theoretical analysis, and special scientific methods (comparative jurisprudence, technical and legal analysis, concretization, interpretation). The methodological basis of the study was the method of the theory of knowledge. The necessity of developing a mechanism for limiting the absolute right of ownership was justified, the difference between the restriction and encumbrance of the right of ownership was proved, and the place of the easement in the system of restriction on the right was investigated.  

scholarly journals CORRUPTION OFFENCES IN MEDICATIONS CIRCULATION: INVESTIGATION PROBLEMS

2021 ◽  
Vol 74 (11) ◽  
pp. 2896-2900
Author(s):  
Kateryna V. Latysh ◽  
Yevhenia E. Demidova
Keyword(s):  
Pharmaceutical Companies ◽  
Forensic Investigation ◽  
Legal Practice ◽  
Scientific Methods ◽  
Criminal Offenses ◽  
Medical Institutions ◽  
Pharmaceutical Activity ◽  
Special Scientific ◽  
General Scientific ◽  
Investigation Problems

The aim: The article aims to focus attention on the pressing problems of corruption in the field of pharmaceutical activities at the stage of medicines sale. Possible ways to solve the problems are elucidated. Materials and methods: The research has been carried out using the results of analysis and generalization of different countries’ regulation acts governing pharmaceutical activity implementation, also of legal practice, including author’s private practice, interviewing investigators, interviews, and questionnaires of pharmaceutical companies and professionals. General scientific and special scientific methods (dialectical, logical-normative, system-structural, comparative-legal, etc.) were used. Results: As a result of the study, the main problems of corruption that exist in the pharmaceutical activity sphere at the stage of medicines sale have been outlined. One of the most widespread corrupt manifestation are a relationships between a doctor and a pharmacist and sale medicine which contain drugs without doctors prescription. Proposals are formulated regarding possible ways to solve the problems, including other countries experience such as introduce digital control tools when concluding contracts. Conclusions: Investigation problems of pharmaceutical corruption offences deals with the absence of forensic investigation methodic of such crimes. It is caused by high latency of this category of criminal offenses. Among the main problems of the existence of corruption in the field of pharmaceutical activities at the stage of medicines’ sale can be those: insufficiency and imperfection of the legislative regulation of medicines circulation; lack of professional relations regulation between medical institutions, doctors, and pharmaceutical entities; lack of an electronic database of prescribed prescriptions, etc.

Application of Administrative and Financial and Legal Responsibility for Budget Offenses under the Laws of Ukraine and Other Countries of Eastern Europe

2020 ◽  
Vol 11 (4) ◽  
pp. 1246
Author(s):  
Yuriy S. NAZAR ◽  
Tetiana Ya. NAZAR ◽  
Ivanna M. PROTS ◽  
Danylo I. YOSYFOVYCH ◽  
Olena M. ILYUSHYK
Keyword(s):  
Eastern Europe ◽  
Integrated Approach ◽  
Legal Regulation ◽  
Legal Responsibility ◽  
Distinctive Features ◽  
Scientific Methods ◽  
Financial Responsibility ◽  
Special Scientific ◽  
General Scientific ◽  
Conducting Research

The relevance of this paper is determined by both the need for appropriate scientific support to counter violations of budget legislation that have recently become quite common in Eastern Europe, and the advisability of using positive enforcement experience in Ukraine, Poland and Slovakia in this process. The purpose of the paper is to study the application of measures of administrative and financial responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia in order to identify common and distinctive features of the legal regulation of this application and provide recommendations on the implementation of positive experience in the national legislation of each country. The methodological basis of the study is a set of general scientific and special scientific methods and techniques of scientific knowledge that provide an integrated approach to the analysis of financial, legal and administrative aspects of responsibility for budget offenses under the laws of Ukraine, Poland and Slovakia. It seems advisable to borrow for Ukraine and Slovakia the experience of legal regulation of budget-delictual relations in Poland by adopting a single legislative act that would regulate the grounds and procedure for applying measures of financial and legal responsibility in the budget sphere, and for Poland and Slovakia the experience of Ukraine in differentiation would be interesting responsibility of officials who committed violations of budget legislation (administrative responsibility) and legal entities (administrators or recipients of budget funds) on whose behalf the officials acted (financial and legal liability). The materials in this article may be useful for scientists conducting research on budget-delictual relations, scientific and pedagogical workers during the teaching of the disciplines of ‘Financial Law’, ‘Budget Law’, as well as for representatives of law-making entities in the process of improving budget and administrative legislation.

scholarly journals The Civil Law Principle of Cooperation in the Continental Law Doctrine: Extension Beyond Contractual Legal Relations

2021 ◽  
pp. 346-371
Author(s):  
A. A. Fedoseev ◽  
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Timely Manner ◽  
Scientific Methods ◽  
Property Relations ◽  
Contractual Obligation ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Contractual Relations

Introduction: the article analyzes the possibility of the civil law principle of cooperation being implemented in various types of relations under civil law. Traditionally, the cooperation principle is considered in both Russian and foreign literature as the principle of fulfillment of a contractual obligation or as a group of additional obligations imposed on the parties to the contract and arising from the good faith principle. A more detailed consideration of the idea if cooperation allows us to draw a conclusion about the feasibility of this principle in other types of relations under civil law. Purpose: to justify the possibility of the cooperation principle being implemented in civil law relations other than contractual relations, namely in property legal relations, pre-contractual legal relations, and obligations from causing harm (protective legal relations). Methods: general scientific dialectical method; special scientific methods such as the method of comparative law, the technical method, the legal-dogmatic method, the historical-legal method. Results: analysis of legal regulation of such relative legal relations as contractual, pre-contractual, and protective, as well as property legal relations as a form of absolute legal relations, has shown that the cooperation principle is successfully implemented in these types of legal relations. Therefore, it is possible to consider this principle to pertain to the branch of civil law as a whole. Conclusions: the cooperation principle performs two functions: first, based on this principle, it is possible to achieve the purpose of civil law relations in a more effective way; second, this principle serves as a mechanism to overcome unforeseen circumstances that prevent the purpose of legal relations from being achieved. These functions are carried out in all the types of legal relations considered: in contractual relations – when there arise obstacles to the performance of a contract not specified in the contractual provisions; in pre-contractual relations – when there arise obstacles to achieving the purpose of negotiations (i.e. conclusion of a civil law contract); in protective relations – when there is a risk of an increase in harm or a risk of inability to fully reimburse damage in a timely manner; in property relations – when there occurs an accidental loss of a thing by the rightsholder.

scholarly journals Psychological Rehabilitation During a Coronavirus pandemic. Legal Aspects

2021 ◽  
Vol 64 (3) ◽  
pp. 238-241
Author(s):  
Olena O. Terzi ◽  
Igor Z. Gladchuk ◽  
Igor V. Shpak
Keyword(s):  
Medical Training ◽  
Legal Regulation ◽  
Legal Aspects ◽  
International Standards ◽  
Scientific Methods ◽  
Legal Method ◽  
Special Scientific ◽  
General Scientific ◽  
Psychological Assistance ◽  
Practical Recommendations

Aim: To analyse the legal regulation of the provision of psychological assistance during the coronavirus pandemic. materials and methods: The research methods were chosen with the aim of the study in mind. In order to establish objectivity and validity of scientific provisions, conclusions, during the research, a set of general scientific and special scientific methods was used, in particular such as: (1) the formal legal method was used to analyse the legal and ethical foundations for providing psychological assistance during the coronavirus pandemic; (2) using the comparative legal method, the approaches of national legislation and international standards to the provision of psychological assistance during the COVID-19 pandemic were clarified; (3) the forecasting and modeling method was used to develop practical recommendations regarding the importance of analyzing the legal regulation of the provision of psychological assistance during the coronavirus pandemic and others in the future; (4) the method of systems analysis made it possible to study the legal regulation of the provision of psychological assistance during the coronavirus pandemic; (5) the historical and legal method made it possible to identify the features of the evolution of legal regulation of the provision of psychological assistance during pandemics. Conclusions: The COVID-19 pandemic has exacerbated existing health deficiencies, including a shortage of psychologists. States should initiate medical training programs, including for psychologists and psychotherapists. It should be noted that psychological assistance during a coronavirus pandemic should be based on the following principles: accessibility; continuity; focus; interdisciplinary; educational nature of interventions.

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