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 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.

A Comparative Study on the Noise between Floors of Apartment and Multiplex Housing

2015 ◽  
Vol 752-753 ◽  
pp. 1232-1235
Author(s):  
Ji Hun Kim ◽  
Yoon Seok Shin
Keyword(s):  
Comparative Analysis ◽  
Comparative Study ◽  
Field Measurements ◽  
Apartment Building ◽  
Noise And Vibration ◽  
Korean Government ◽  
Current State ◽  
The Future ◽  
House Type ◽  
Almost All

Since recently almost all housing built in Korean have shared walls and floor, diverse problems are unavoidable including noise between floor arising from noise and vibration. Many efforts have been made by the Korean government, but the number of complaints related with the noise between floors has been gradually increasing. Therefore, through the field measurements by house type, the current state of noise was understood. To do this, the noise between floors was measured in an apartment household and a multiplex house to perform a comparative analysis. As the result, the differences in the noise between the two house types were clarified. The findings of this research are expected to contribute to reduction of the noise between floors in an apartment building in the future.

Legal Basis for United Nations Armed Forces

1962 ◽  
Vol 56 (4) ◽  
pp. 971-996 ◽  
Author(s):  
John W. Halderman
Keyword(s):  
United Nations ◽  
Armed Forces ◽  
Practical Significance ◽  
Legal Basis ◽  
The Future

The question of the legal basis for United Nations armed forces is one of immense practical significance for the future effectiveness of the organization in keeping the peace.

International Cooperation under the United Nations Convention against Transnational Organized Crime

2021 ◽  
Vol 3 (4) ◽  
pp. 3-25
Author(s):  
Andreas Schloenhardt
Keyword(s):  
United Nations ◽  
International Cooperation ◽  
Organized Crime ◽  
Legal Assistance ◽  
Legal Basis ◽  
Practical Application ◽  
Criminal Proceedings ◽  
Transnational Organized Crime ◽  
United Nations Convention ◽  
The United Nations

Abstract This article examines the international cooperation provisions under the United Nations Convention against Transnational Organized Crime and their practical application in reported cases. It explores the circumstances in which States Parties have used or attempted to use the Convention as a legal basis for extradition, mutual legal assistance, transfer of sentenced persons, transfer of criminal proceedings, joint investigations, or other forms of international cooperation. The article seeks to provide a better understanding of the opportunities offered by the international cooperation provisions, and the challenges and obstacles faced by States Parties requesting cooperation or being requested to provide cooperation under the Convention.

scholarly journals Assessment of the Performance of the Financial Architecture of Ukrainian Economy: Budgetary, Stock and Social Aspects

2021 ◽  
Vol 18 ◽  
pp. 386-395
Author(s):  
Viktor Melnyk ◽  
Maksym Zhytar ◽  
Roman Shchur ◽  
Nataliia Kriuchkova ◽  
Tetiana Solodzhuk
Keyword(s):  
Comparative Analysis ◽  
Methodological Approach ◽  
Social Aspects ◽  
Future Directions ◽  
Financial Architecture ◽  
The Future ◽  
The Eu

The article describes the scientific and methodological approach to assessing the effectiveness of the financial architecture of Ukraine's economy on the basis of recommended values of the system of indicators, determining their type, allowable intervals of values taking into account micro- and macrofinancial levels of the hierarchy. The comparative analysis of the corresponding indicators on the countries of the EU and Ukraine for 2009-2018 is presented. The future directions of dynamics of indicators of efficiency of functioning of financial architecture of economy of Ukraine are offered

scholarly journals Review of Toponymic Studies of Altai and Siberia in the Anthropocentric Paradigm

2021 ◽  
pp. 478-488
Author(s):  
Svetlana P. Vasil’eva ◽  
Lidia M. Dmitrieva
Keyword(s):  
Scientific Knowledge ◽  
Integrative Approach ◽  
Cognitive Structures ◽  
Cognitive Modelling ◽  
Cultural Interpretation ◽  
Previous Period ◽  
Cultural Information ◽  
The World ◽  
The Future

At the turn of the 20th–21st centuries there appeared a trend of appeal to the anthropocentric paradigm for scientific knowledge in the toponymic studies. In the previous period, the toponymic studies relied upon the properties of toponyms as language units at the semantic, structural, and grammatical levels. At the same time, the ethnocultural aspect of the geographic names manifesting the ethnocultural stereotypes for exploring the world, and, wider, for the worldview of both contemplating man and acting man remained outside the scope of linguistic studies. Rooted in the integrative approach to analysis of linguistic phenomena, the anthropocentrism principles determined a qualitatively new stage of research based on activating the cognitive structures of mental knowledge. Thus, the presented review shows that toponyms are an important source of ethnocultural information that can be extracted through cognitive modelling and linguistic and cultural interpretation within the framework of the anthropocentric paradigm. In the future, the applied methods of toponymic research can be extrapolated to other sources of linguistic and cultural information

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 TIMELINESS OF NATIONAL ARMED FORCE PERSONNEL’S TRAINING IN THE FIELD OF BORDER SURVEILLANCE IN THE VIEW OF COOPERATION BETWEEN NATIONAL ARMED FORCES AND STATE BORDER GUARD

2020 ◽  
Vol 3 (8) ◽  
pp. 6-14
Author(s):  
Valentīns Buls ◽  
Oļegs Ignatjevs
Keyword(s):  
Comparative Analysis ◽  
Open Source ◽  
Terrorist Attack ◽  
Armed Forces ◽  
Current Paper ◽  
Legal Basis ◽  
French Government ◽  
Short Summary ◽  
Close Cooperation ◽  
Border Surveillance

In the view of modern tendencies, the cooperation between state armed institutions is extremely crucial. As an example could be mentioned the reaction of French government on the terrorist attack in Paris in the year 2015 – both, army and police, in close cooperation made a contribution solving this challenge. In the scale of Latvia the cooperation between National Armed Forces and State Border Guard could solve such problems like lack of personnel and equipment in State Border Guard. The aim of the current paper is to give insight in such themes as legal basis of the mentioned cooperation, the possibilities of involving National Armed Forces personnel in border surveillance, the possibilities of National Armed Forces personnel’s training in the field of border surveillance and possibilities for development of such training and make short summary in these topics. This was done by methods of analysis, open source research and comparative analysis. Among other conclusions, authors of the current paper draw a conclusion that cooperation between National Armed Forces and State Border Guard is effective but the possibilities of National Armed Forces personnel’s training should be improved in the way mentioned in the paper.

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