scholarly journals “Iatrogenic crimes” and complications of intensive care in pediatrics

2019 ◽  
pp. 91-94
Author(s):  
O. A. Dmitrieva ◽  
A. V. Golubeva ◽  
B. V. Sherstyuk ◽  
E. D. Kosinskaya
Keyword(s):  
Intensive Care ◽  
Law Enforcement ◽  
Medical Care ◽  
Specific Situation ◽  
Medical Worker ◽  
Criminal Cases ◽  
Medical Institutions ◽  
Effect Relation ◽  
The Right

Summary: In recent years doctors and medical institutions are increasingly in the focus of law enforcement bodies, the number of criminal cases against doctors and the number of cases bringing to administrative responsibility of medical institutions is growing. Despite the fact that defects in the provision of medical care are detected in half of the cases, a direct cause-effect relation and the determination of the severity of harm to health are detected in isolated cases. The right legal evaluation of action (inaction) of a medical worker in a specific situation can be given under methodologically correctly performed examination.

scholarly journals PENYELESAIAN KONFLIK PERTANAHAN PADA KAWASAN PARIWISATA LOMBOK (STUDI KASUS TANAH TERLANTAR DI GILI TRAWANGAN LOMBOK)

2014 ◽  
Vol 14 (2) ◽  
Author(s):  
Zainal Asikin
Keyword(s):  
Land Use ◽  
Law Enforcement ◽  
Law Enforcement Officers ◽  
Land Dispute ◽  
The People ◽  
Agrarian Law ◽  
The Government ◽  
The Right ◽  
Lombok Island

This research is aimed at exploring an appropriate solution for various conflicts in land use, particularly in optimizing the utilization of the neglected land in Gili Terawangan, Lombok Island.  This solution is required to avoid potential horizontal conflicts among people, companies and government since 1993. Conflict over land in Lombok Island in general and Gili Terawangan particularly shows several factors; first, the wrong policy in the area of land (especially in tourist areas); second, the infirm attitude of the Party and the Government Land Office in the enforcement of laws; third, the jealousy of Gili Terawangan natives as cultivators; fourth, less responsibility employers (who acquire cultivating right); fifth, the absence of law protection for Gili Terawangan natives; sixth, the arrogant attitude of law enforcement officers. The comprehensive and final resolution to the conflicts of land use could only be achieved if: (i) the people, who already control and use or manage the land from time to time, are provided certainty on managing and optimizing the land based on the principles of welfare, justice, equity, efficiency and sustainability; (ii) the selection and determination of the companies that will be granted the right to cultivate (HGU) and the right to build (HGB) should be conducted based on the transparent principle. In this respect, the government could establish an independent team that involves all components of society and higher education.Key words: land dispute, tourism area, agrarian law.

scholarly journals ABUSE OF THE RIGHT AND JUDICIAL ERRORS IN THE EXERCISE OF DISCRETION BY THE JUDGE IN THE CONSIDERATION OF CRIMINAL CASES WITH THE CONSENT OF THE ACCUSED WITH THE CHARGE BROUGHT AGAINST HIM

2021 ◽  
Vol 31 (3) ◽  
pp. 459-472
Author(s):  
N.O. Mashinnikova
Keyword(s):  
Law Enforcement ◽  
Criminal Cases ◽  
Special Procedure ◽  
Judicial Proceedings ◽  
Judicial Errors ◽  
Definition Of ◽  
The Right ◽  
Exercise Of Discretion ◽  
Abuse Of Law ◽  
Miscarriage Of Justice

The article examines the categories of "abuse of law" and" miscarriage of justice", as well as the factors contributing to their occurrence, reveals the mechanism of occurrence of miscarriages of justice, the sources and causes of their occurrence. The author substantiates the claim that the defect of interest, as an aspect of law enforcement, causes the occurrence of abuse and can cause a miscarriage of justice. The main characteristics of a miscarriage of justice, as well as the signs that distinguish a miscarriage of justice from abuse, are revealed. The definition of "abuse of the right" is given, its properties and features are revealed. The article analyzes the peculiarities of committing judicial errors and abuses under a special procedure of judicial proceedings.

scholarly journals The Handling of Criminal Act of Theft with Violence by Children of the Directorate of Criminal Investigation of the Central Java Regional Police

2020 ◽  
Vol 1 (2) ◽  
pp. 273-278
Author(s):  
Dhara Ayu Restuning Tyas ◽  
Rodiyah Rodiyah
Keyword(s):  
Law Enforcement ◽  
Criminal Investigation ◽  
Legal Regulations ◽  
Criminal Cases ◽  
Central Java ◽  
The Right

The crime of theft with violence is one of the most frequent crimes or criminal acts in the community. It almost happens in every region in Indonesia. They have the tendency to steal when the opportunity is present, then the perpetrators do it with no regard for time. However, in some cases, the theft is done in a certain time. It involves a condition where everyone will look for the right time to carry out their operations. It appears that in fact, we want to realize a handling of child cases. This handling has to pay attention to the needs of children, so that children affected by criminal cases are not harmed physically or mentally. The barriers experienced in law enforcement carried out by children include, legal regulations themselves, facilities and infrastructure, society, and  culture.

Legal And Procedural Status Of The Defender At The Pre-Investigation Stage

2020 ◽  
Vol 02 (10) ◽  
pp. 102-117
Author(s):  
Dilbar Chorieva ◽  
Keyword(s):  
Law Enforcement ◽  
Legal Status ◽  
Depth Analysis ◽  
The Right

This article reveals an in-depth analysis of the pre-trial investigation stage, the individuals involved, as well as the role of defender and the procedural status of defender in pre-investigation inspection actions, and addresses the challenges at this stage in law enforcement practice today. The author provides substantiated scientific proposals on the development of a mechanism for the exercise of the right to protection in the pre-trial investigation and the determination of the legal status of participants in the pre-trial investigation, including the legal status and procedural status of defender, as well as their rights.

scholarly journals Features of a medical worker as a subject of corruption crimes

2021 ◽  
pp. 117-122
Author(s):  
Natal’ya Sanina ◽  
Antonina Chuprova
Keyword(s):  
Law Enforcement ◽  
Ethical Standards ◽  
Controversial Issues ◽  
Medical Worker ◽  
Criminal Cases ◽  
Legal Assessment ◽  
The Status ◽  
The Subject

The subject of the study is the controversial issues of determining the status of a medical worker in the legal assessment of corruption violations in healthcare. Based on the analysis of criminal cases, an emphasis was placed on the ratio of professional and official functions in the activities of medical workers. The article draws conclusions about the expediency of adjusting certain positions in law enforcement practice in the legal assessment of violations of legislation and ethical standards by medical workers in the course of their work.

scholarly journals The Right to Silence and the Pendulum Swing: Variations in Canadian and Scottish Criminal Law

2020 ◽  
Vol 1 (3) ◽  
pp. 291-313
Author(s):  
Kathryn M. Campbell
Keyword(s):  
Law Enforcement ◽  
Fair Trial ◽  
European Convention ◽  
Criminal Cases ◽  
Pendulum Swing ◽  
Canadian Law ◽  
Right To Silence ◽  
The Supreme Court ◽  
The Right ◽  
Constitutional Protections

The right to silence is afforded to suspects in criminal cases as part of a number constitutional protections contained within Canadian law through the Charter of Rights and Freedoms. It is closely linked to other such rights, including the right to counsel, the right against self-incrimination and the presumption of innocence. Moreover, in some cases, the denial of this right has resulted in convictions in error through false confessions and wrongful convictions. Decisions by the Supreme Court in Canada in recent times can be viewed as a slow encroachment onto individual Charter rights in favour of the needs of law enforcement. In Scotland, until recently, while afforded a right to silence suspects could still be questioned for up to six hours without a lawyer present. While other measures existed to protect an individual’s right to a fair trial, such practices were out of step with the European Convention on Human Rights Article 6(1) right to a fair trial. In the decision in Cadder v HMA, greater protections to suspects were introduced regarding the right to silence and the right to counsel, and the Criminal Justice (Scotland) Act 2016 later consolidated the relevant law on this matter. The focus of this paper will be to examine how the right to silence in both Canadian and Scottish law has evolved through statute and case law and the implications of this for law enforcement practices, the protection of rights and the safety of convictions.

Modern Civilistic Instruments of Medical Reform: Issues of Law Implementation and Law Enforcement

2020 ◽  
Vol 27 (3) ◽  
pp. 109-127
Author(s):  
Iryna Senyuta
Keyword(s):  
Primary Care ◽  
Law Enforcement ◽  
Medical Care ◽  
Primary Care Physician ◽  
Legal Regulation ◽  
Care Physician ◽  
Third Parties ◽  
Medical Reform ◽  
Judicial Practice ◽  
The Right

The study of the latest civilistic instruments of medical reform is conditioned by its purpose, which is to clarify the legal nature of the declaration of choice of primary care physician and the contract for medical care under the programme of medical guarantees, highlighting the specific features of the right to choose a doctor, conditioned by the outlined tolls, as well as identifying gaps and controversies in the legislation of Ukraine and judicial practice in law enforcement in this area. The main method of the study was the method of studying judicial practice, which allowed to assess the effectiveness of law enforcement, the level of perception of legislation in this area in practice, as well as to determine the necessity of improving the legal regulation. The study highlights the problematic aspects related to the exercise of the right to free choice of a doctor, in particular due to legislative changes regarding medical reform. The legal essence of the declaration on the choice of a primary care physician has been covered. The study clarifies that it is not a transaction, but a document certifying the exercise of the right to freely choose a primary care physician. The contract on medical care of the population under the programme of medical guarantees is analysed and its civil law matter is established. It is determined that it is a contract for the provision of services under the public procurement, concluded for the benefit of third parties. The reimbursement agreement was also investigated, which is also an agreement in favour of third parties – patients in terms of full or partial payment for their medicines. The judicial practice is analysed, which gives grounds to assert the problems with enforcement and administration of law, and proposals are made to improve the current legislation, including in the aspect of the subject of the contract under the programme of medical guarantees. The "legitimate expectation" that arises in a person in the presence of regulatory guarantees is under conventional protection, as illustrated by the European Court of Human Rights in its decisions, and to change the paradigm of implementation requires a transformation of legislation. The practical significance of this study is to intensify scientific intelligence in this direction, to improve the legal regulation of these innovative legal constructions, to optimise the enforcement and administration of law in the outlined civilistic plane

ПРАВО ОСУЖДЕННОГО НА МЕДИЦИНСКУЮ ПОМОЩЬ

2020 ◽  
Author(s):  
Sergey Kleshchev ◽  
Daria Efremova
Keyword(s):  
Law Enforcement ◽  
Medical Care ◽  
Negative Impact ◽  
Right To Health ◽  
Health Protection ◽  
Correctional Institution ◽  
Medical Report ◽  
Primary Health ◽  
The Russian Federation ◽  
The Right

С одним из личных прав человека, - правом на жизнь - неразрывно связано наиболее важное право осужденного на охрану здоровья, закрепленное в ч. 6 ст. 12 Уголовно-исполнительного кодекса Российской Федерации. Данное право выражается в осуществлении в отношении осужденных первичной медико-санитарной помощи либо специализированной медицинской помощи в стационарных либо амбулаторных условиях. Как становится очевидным, наибольшую актуальность данная проблема получает в стенах исправительного учреждения, ведь именно принудительная изоляция негативно сказывается на физическом или психическом здоровье осужденного, в связи с чем в рамках исполнения наказания в виде лишения свободы нужно предусмотреть комплекс мер по реализации данного права. В статье проведен анализ нормативно-правовых актов, которые содержат в себе нормы-принципы и нормы-рекомендации в отрасли прав осужденных к лишению свободы на охрану здоровья и оказание медицинской помощи, и изучено содержание данного права. В проведенном исследовании также рассмотрены основные направления реализации права осужденных на оказание медицинской помощи, а также предложены пути их реформирования. При изучении новых направлений оказания медицинской помощи осужденным авторами выявлено, что многие из этих направлений - перспективные. В конце делается вывод о необходимости реализации указанных авторами рекомендаций в правоприменительной деятельности.The most important right of a convicted person is the right to health, which is inextricably linked to one of the personal human rights, the right to life. Part 6 of article 12 of the Criminal Executive code of the Russian Federation stipulates that prisoners have the right to health protection (receiving primary health care and specialized medical care in outpatient or inpatient conditions, depending on the medical report). As it becomes obvious, the greatest relevance of this problem gets within the walls of the correctional institution, because it is forced isolation that has a negative impact on the physical or mental health of the convict, for this reason, within the framework of the execution of deprivation of liberty, it is necessary to provide a set of measures to implement this right. In this article the analysis of normative legal acts, which contain norms-principles and norms-recommendations in the field of the rights of convicts to imprisonment for health protection and medical care, was carried out, and the very content of this right is studied.The study also examines all the main areas of realization of the right of convicts to medical care, as well as suggests ways to reform it. Despite the rather contradictory nature of trends in the provision of medical care to convicts, several ways to improve it have been outlined in recent years. Some of them were unpromising, while others give us hope that the situation will change for the better with the provision of medical care to convicts. Summing up, we can say that it is necessary to implement these recommendations in law enforcement.

The Rejection of the Inheritance and Practice

2020 ◽  
Vol 8 ◽  
pp. 31-38
Author(s):  
L. A. Shigonina ◽  
Keyword(s):  
Law Enforcement ◽  
Scientific Methods ◽  
Relevant Today ◽  
Community Property ◽  
Take Back ◽  
General Scientific ◽  
Maximum Protection ◽  
Cis Countries ◽  
The Right

The right of inheritance guaranteed by law includes not only the right of heirs to receive an inheritance, but also the right to refuse both, of course, and with the determination of the future fate of the property. Renunciation of inheritance, always caused a number of issues, some of which are still relevant today: the inability to subsequently change or take back the refusal, impossibility of refusal of the inheritance, liability for debts of the testator, the presence of minor heirs, a surviving spouse who does not want to allocate their share of the community property, escheat, the possibility of recognition failure invalid. The goals and objectives of the study are to consider the legal specifics of the refusal of inheritance, analyze judicial acts, identify problems in law enforcement practice, develop proposals aimed at eliminating them, and analyze the provisions of Сivil code of the Russian Federation, law some countries of continental Europe and the CIS countries. The research methodology is based on private scientific and General scientific methods: analysis, formal legal, comparative legal, and structural. As a result of the study, it was revealed that the issues related to the rejection of inheritance and vymorochnym property are very interconnected. There are certain problems with the refusal of inheritance or in the case of the field of protection of creditors' rights, as well as in the case of minors and minors in the queue under the law. One of the main problems in law enforcement practice is the re cognition of the refusal to inherit invalid. It is necessary that the approach to the protection of rights should be universal and thus provide maximum protection.

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