scholarly journals MEDICAL AND PROCEDURAL-LEGAL ASPECTS OF INPATIENT AND OUTPATIENT FORENSIC PSYCHIATRIC EXAMINATION

2020 ◽  
Vol 73 (7) ◽  
pp. 1533-1538
Author(s):  
Sandra Kaija ◽  
Inga Kudeikina ◽  
Nataliya Gutorova
Keyword(s):  
Medical Practitioner ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Civil Procedure ◽  
Legal Doctrine ◽  
Psychiatric Examination ◽  
Legal Norms ◽  
The Subject ◽  
Forensic Psychiatric

The aim: The aim of the study is to define the legal framework of forensic psychiatric examination commissioned by the court in relation to the competence of medical practitioners and the position of the subject as a patient in the process of forensic psychiatric examination in order to determine the correlation of special legal regulation with criminal and civil procedure regulation and to make proposals for the enhancement of the legal regulation. Materials and methods: This study is based on the analysis of international law, medical civil procedure and criminal procedure legislation, juridical practice, medical law legal doctrine. The following methods were used in this research: the method of interpretation of legal norms, analysis of legal acts, and the induction-deduction method, upon which the conclusions were drawn and recommendations were provided. Conclusion: The current regulatory framework does not provide for the procedure by which the subject’s medical treatment is conducted during forensic psychiatric examination, nor does it determine the criteria for the admissibility of treatment of the persons concerned and the extent of treatment. During the examination, the medical practitioner who is in the expert’s procedural position in relation to the subject under examination in the particular examination should not carry out the treatment of the subject.

scholarly journals Legal aspects of the system of organization of public administration of the territories in the Russian Federation

2020 ◽  
pp. 26-38
Author(s):  
Marina Afanas'evna Lapina
Keyword(s):  
Public Administration ◽  
Russian Federation ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Norms ◽  
Territorial Unit ◽  
The Subject ◽  
The Russian Federation ◽  
Further Development ◽  
Municipal Level

The subject of this research is the legal norms of the Constitution of the Russian Federation, as well as laws and bylaws regulating the system of organization of state and municipal administration of the territories of the Russian Federation with their further development. A substantial place within legal regulation is allocated to the Strategy of Spatial Development of the Russian Federation until 2025, passed in 2019. The article elucidates the problems of organization of public administration of the newly created territorial units – spatial agglomerations. The goal consists in presenting the analysis of the correspondence of legislation in the area of organization of public administration of the newly created administrative-territorial units based on economic priorities. The novelty of this research consists in the proposed strategy of scientifically substantiated recommendations on legislative regulation of public administration of the territories of the Russian Federation, with consideration of newly created territorial units – spatial agglomerations. The conclusion is made on the need to develop a single system of optimal legal regimes per specific territorial unit, representing certain type of agglomeration of supraregional, regional and/or municipal level in different variations.

scholarly journals Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās

2021 ◽  
Vol 1 (19) ◽  
pp. 110-119
Author(s):  
Ivars Kronis
Keyword(s):  
Civil Rights ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Civil Procedure ◽  
Legal Norms ◽  
Substantive Law ◽  
Available Information ◽  
Subjective Rights ◽  
Principle Of Legality

Rakstā tiek apskatīts jautājums par likumības principa izpausmi un saturu civilprocesā. Pētījumā tiek aplūkoti likumības principa procesuālie un materiāli tiesiskie jautājumi. In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.

scholarly journals Some legal aspects of the application of certain types of collateral

2021 ◽  
Vol 3 ◽  
pp. 5-7
Author(s):  
T.V. Bogdanova ◽  
Keyword(s):  
Real Estate ◽  
Legal Aspects ◽  
Vital Role ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Real Estate Appraisal ◽  
Legal Structure ◽  
Legal Relationship ◽  
The Subject ◽  
Definition Of

The relevance of this topic in the legal doctrine is confirmed by the presence of a whole layer of problems arising in law enforcement practice in case of non-fulfillment or improper fulfillment by the debtor of his obligations to the creditor, the completion of which was guaranteed by a collateral. The subject of the research is the normative legal norms governing the collateral legal relationship. The purpose of this study is to analyze the institution of the collateral and to identify problems in the use of real estate collateral, collateral at a pawnshop, collateral of goods in circulation. The work analyzes foreclosure grounds on a collateral good, the procedure for collecting mortgaged property (judicial and extrajudicial), real estate appraisal. The issue of alienation of the collateral property in the absence of notification and consent of the collateral is considered. The author concludes that when comparing the definition of a mortgage and a collateral, one can find that the formulation of the interpreted concepts is almost identical in terms of its legal structure and meaning. Besides, the presence of a condition on interest for the use of borrowed funds plays a vital role because of its presence in the loan agreement. In contrast, the absence of a mortgage in the deal entails the latter’s invalidity, which gives rise to many legal problems for participants in these legal relations.

scholarly journals Some general theoretical, technical and legal aspects of the legal culture of the penal legislation

2019 ◽  
Vol 13 (1) ◽  
pp. 96-102
Author(s):  
V. V. Karpunina ◽  
Keyword(s):  
Social Relations ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Coherent System ◽  
Legal Norms ◽  
A Value ◽  
Qualitative State ◽  
The Subject ◽  
Legal Technology

The subject of the research in the article is the legal culture of the penal legislation as a value socio-legal phenomenon. The author identifies the features and shortcomings of the legal culture of the penal legislation on the basis of general theoretical and technicallegal analysis. A general theoretical study of the legal culture of legislation makes it possible to consider it in close connection with the system of legal values and the objectives of the legal regulation of social relations. The concept of “legal culture of the penal legislation” reflects the value slice of the functioning of the relevant branch of law. Legal technology allows you to see the inner, deep essence of the legal culture of legislation, identify existing defects and identify ways to correct them. The qualitative state of the legal culture of the penal legislation depends on the technical and legal level of perfection of legal norms and their ability to achieve social goals. Technical and legal tools of the penal legislation have a set of qualities that are due to the nature of legal technology as a technique of social and legal regulation. To increase the technical and legal level of the legal culture it is necessary to fix a coherent system of legal procedures for the execution of criminal sentences in the penal code; exclusion of certain norms that do not correspond to the existing socio-economic conditions and do not contribute to the achievement of the goal of the penal legislation. The conclusions and generalizations formulated in the article can be used in the process of preparing proposals aimed at improving the existing legal policy in the field of the execution of criminal sentences.

scholarly journals Legal aspects of the use of cloud technologies

2020 ◽  
Vol 9 (28) ◽  
pp. 296-302
Author(s):  
Valentyn Fedorov ◽  
Tetiana Fedorova ◽  
Mykhailo Kosiuta ◽  
Karina Ahapova ◽  
Alina Topal
Keyword(s):  
Cloud Computing ◽  
Public Life ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Legal Interpretation ◽  
Illegal Activity ◽  
Legal Norms ◽  
New Information ◽  
Cloud Technologies

The relevance of the article due to the need for the legal regulation of relations regarding the use of cloud computing that have already involved in the most important areas of public life. Currently (along with the undeniable benefits), there are many problems caused by the use of cloud technologies. The current legislation needs to be modified to create a regulatory platform, remedies, and factors to prevent or prevent illegal activity. The authors of this article have used various methods of scientific research, namely the analysis, synthesis, analogy, deduction, induction, formal-legal, comparative-legal, interpretation of law, etc. The study shows that there is currently no legal regulation in Ukraine on the use of cloud technology. Today, it is possible to distinguish several ways of legal regulation of relations on the use of cloud technologies: 1) legal regulation of these relations can be done using already existing regulatory acts; 2) amend the existing legal framework (adaptation of stable legal norms to the new information reality); 3) to create new legal acts on the regulation of exclusive relations related to the use of cloud technologies, taking into account their specifics.

New Approaches to Understanding Judicial Ethics in the Information

2020 ◽  
Vol 2 (3) ◽  
pp. 12-32
Author(s):  
E. V. Burdina ◽  
Keyword(s):  
Self Regulation ◽  
Legal Regulation ◽  
Subject Area ◽  
Social Needs ◽  
Legal Norms ◽  
Stage Of Development ◽  
Judicial Administration ◽  
Personal Approach ◽  
Personal Qualities ◽  
The Subject

Introduction. The article is devoted to the problems of the essence and content of judicial ethics in the new conditions of the technical revolution and with other social needs for legal regulation. Theoretical Basis. Methods. The work used a systematic, activity-personal approach to the study of moral and ethical standards of the conduct of judges. This made it possible to reveal a new and broader view on judicial ethics, which is not simply a set of moral restrictions and obligations imposed on a judge. Results. The work has identified and analysed the signs of judicial ethics at the current stage of development. It is argued that ethical regulation is precautionary in relation to the legal regulation of the independence of judges, for they complement ethical rules and reinforce legal norms. The ethical conduct of judges is an instrument guaranteeing judicial independence in all of its manifestations, including in organisational and judicial relations. The new realities of our time recognise the expansion of boundaries and the subject area itself of ethical regulation. A broader view on judicial ethics, which differs from the traditional one, is hereby justified. The latter is defined in two ways – namely both as a system of professional values, as well as a means of judicial administration based on the principle of self-regulation. By its very nature, judicial ethics is the result (and the way) of judicial self-governance, developed on the basis of the experience of functioning bodies of the judicial community. Discussion and Conclusion. Conclusions are drawn on both the instrumental and the managerial impact of the categories of ethics. The subject of judicial ethics has been defined, which constitutes the rules of conduct of judges in the performance of their professional duties and beyond – namely the set of general principles of work of a judge, as well as the personal qualities of a judge personifying the judicial power. Proposals on the optimisation of the mechanism of ethical influence, differentiation of ethical and disciplinary norms have also been substantiated.

Conventional Legal Regulation of Value-Added Taxation by the Member States of the Gulf Cooperation Counci

2021 ◽  
pp. 232-238
Author(s):  
Dmitry G. Bachurin ◽  
Keyword(s):  
Persian Gulf ◽  
Value Added ◽  
Legal Framework ◽  
Legal Regulation ◽  
Gulf Cooperation Council ◽  
Legal Aspects ◽  
Gulf Countries ◽  
The Common ◽  
National Tax ◽  
The Persian Gulf

The article discusses the legal aspects of supranational legal regulation of value added taxation in the Persian Gulf countries. The novelty of the research lies in the comparative aspect of the legal study of supranational law on the value-added tax in the Gulf countries, which allows formulating fundamentally new characteristics and interpretations that extend the theoretical and legal views on the legal mechanism of VAT, and analyzing the key provisions of the legal regulation of VAT of the states that are parties to the Common VAT Agreement. The issues of the Agreement for the countries of the Gulf Cooperation Council, as well as acts of national legislation on this tax, were studied. The analysis of the provisions of the Agreement allows concluding that the tax instrument this Agreement regulates can be classified as a type of neutral legal regulation of value-added taxation. Its peculiarity is that the country for one reason or another introduces VAT into the national tax system with minimal tax rates and continues to keep it at a low level that does not have a restraining effect on the development of its own industry. This is the reference point for the Common VAT Agreement for the countries of the Gulf Cooperation Council. The research shows that the supranational legislation of the Persian Gulf countries covers the most complex and fundamentally significant issues of legal regulation of value-added taxation, which developed taking into account the accumulated world experience in the administration of this tax. Conclusions have been obtained that the main direction of the adopted supranational legislation is the creation of a unified legal framework for the development of a coordinated legal regulation of VAT in each of the six Arab states of the Persian Gulf. The definitions of concepts that are crucial for VAT regulation are given, among which the following can be distinguished: reverse VAT accrual, input tax, deductible tax, net tax, mandatory registration threshold, voluntary registration threshold, and tax group. In the final part of the work, it is concluded that the second regional system of legal regulation of value-added taxation after the European one is being created, which begins its development on the basis of supranational legislation. Within its framework, the states that are parties to the Agreement shall organize administrative cooperation in the following areas: (1) exchange of information necessary for determining tax accuracy; (2) coordination of synchronized audit procedures and participation in audits; (3) assistance in tax collection and adoption of necessary procedures related to VAT collection.

scholarly journals LEGAL ASPECTS OF THE BALANCE BETWEEN PERSONAL AND PROFESSIONAL LIFE

2020 ◽  
Author(s):  
Andriyana Andreeva ◽  
◽  
Galina Yolova ◽  
Keyword(s):  
Retrospective Analysis ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Professional Life ◽  
Labour Law ◽  
Legal Doctrine ◽  
Personal Rights

The paper examines two main and interconnected aspects of the life of a person - personal and professional. The topic has both - his life and moral side, as well as a legal regulation in the sphere of Family and Labour Law. This question is relatively rarely examined in the national legal doctrine, which along with the new digital challenges is the ground for the interest of the authors. The complex examination puts some accents, directed to the clarification of the borders and the needed balance between the two spheres with the idea of guaranteeing the subjective personal rights. With view of achieving the set aim the authors make actual normative as well as retrospective analysis, as a result of which tendencies are marked, proposals with theoretical and practical direction are made.

scholarly journals Banking operations as an object of administrative and legal protection

2018 ◽  
Vol 81 (2) ◽  
pp. 28-37
Author(s):  
M. Y. Bukreev
Keyword(s):  
Financial Institutions ◽  
Banking Sector ◽  
Banking System ◽  
Legal Protection ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Norms ◽  
The Past ◽  
The Subject ◽  
Banking Operations

The subject matter of the research is the relations that are formed in the process of banking operations. It has been substantiated that banks and the banking system are among the most important financial institutions, which proper and stable functioning influences on all other spheres of life in the state. It is proved by the consequences of crises in the banking sector that have occurred in Ukraine over the past few years. Awareness of the importance of this area and the possible consequences of unlawful encroachments have determined the need to search for all legal means for combating delicts in the sphere of banking operations. Understanding the fact that one can achieve significant results in the sphere of protecting banking operations by administrative and legal means, has necessitated this scientific study. In order to analyze banking operations as an object of administrative and legal protection, the author has fulfilled the following tasks. The author has highlighted the use of the concepts of “protection” and “administrative and legal protection” in the context of their implementation in relation to banking operations. The foundations of Ukrainian and international administrative and legal regulation of protecting relations in the sphere of banking operations have been revealed. The essence and features of banking operations influencing the understanding of the sphere of protected relations have been outlined; and the content of administrative and legal protection of relations in the field of banking operations has been revealed. It has been noted that there is an extensive system of banking legislation on legal norms in Ukraine regulating banking operations that require legal protection. The practical significance of the obtained results of the article is determined by the substantiated provisions for improving the approaches to increase the efficiency of the administrative and legal protection of the relations in the sphere of banking operations. A number of practical results of the research can be used while studying administrative and legal means of protecting relations in the field of banking operations.

The international legal framework for cooperation between States on countering illicit trafficking in medical products

2021 ◽  
Author(s):  
Kristina Zimina
Keyword(s):  
Russian Federation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Law Schools ◽  
Legal Norms ◽  
Medical Products ◽  
Wide Range ◽  
The Russian Federation ◽  
Illicit Trafficking

The monograph is devoted to the study of the international foundations of cooperation between states in the field of combating illicit trafficking in medical products (NOM), as well as to the study of the functioning of modern international legal mechanisms of such interaction. The author's proposals for improving the legal regulation in the field of countering the NOM in the process of implementing international legal norms regulating these legal relations into the legislation of the Russian Federation and foreign states are presented. For a wide range of readers interested in countering illegal trafficking of goods, works and services. It will be useful for students, postgraduates and teachers of law schools.

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