HEALTH DISORDER ASSOSIATED WITH PERMANENT DISABILITY AS THE SIGN OF BODILY HARM

2021 ◽  
Vol 74 (6) ◽  
pp. 1396-1400
Author(s):  
Igor І. Mytrofanov ◽  
Igor V. Lysenko ◽  
Mykola М. Riabushko ◽  
Volodymyr H. Hryn ◽  
Roman M. Riabushko ◽  
...  
Keyword(s):  
Bodily Harm ◽  
Criminal Proceedings ◽  
Ability To Work ◽  
Joint Research ◽  
Permanent Disability ◽  
General Ability ◽  
Judicial Practice ◽  
Permanent Loss ◽  
Definition Of ◽  
Medical Examinations

The aim: The paper is aimed at creation of the procedure and criteria for determining a health disorder associated with permanent disability as a sign of serious bodily harm. Materials and methods: To identify the problems faced by forensic medical and judicial practice in determining a health disorder associated with permanent disability, we studied more than 100 criminal proceedings from 2007 to the present time. Results: Ways to further improvement of the procedure for conducting expert studies on health disorders, associated with persistent loss of general ability to work as a characteristic feature of the bodily harm have been found to avoid errors in forensic medical and judicial practice. The issues of conducting forensic medical examinations to determine the degree of loss of general ability to work remain unresolved. The lack of joint research projects conducted by both medical and legal scientists leads to the polysemy and different approaches in the stating of certain concepts that are the subject of study of both medical and law sciences. Currently, the definition of the offence against health is debatable and the issues of criteria for determining such damage are not completely settled to date. Conclusions: We consider the development of the Procedure and Criteria for determining the degree (in percentage) of the permanent loss of general ability to work of victims of criminal offences, established by forensic medical experts, is crucial.

Artificial intelligence: criminal and procedural aspects

2021 ◽  
pp. 75-89
Author(s):  
Igor I. Kartashov ◽  
Ivan I. Kartashov
Keyword(s):  
Artificial Intelligence ◽  
New Technologies ◽  
Human Beings ◽  
Criminal Proceedings ◽  
Legal Advice ◽  
Judicial Practice ◽  
Legal Expert ◽  
To Come ◽  
Definition Of ◽  
Self Learning

For millennia, mankind has dreamed of creating an artificial creature capable of thinking and acting “like human beings”. These dreams are gradually starting to come true. The trends in the development of modern so-ciety, taking into account the increasing level of its informatization, require the use of new technologies for information processing and assistance in de-cision-making. Expanding the boundaries of the use of artificial intelligence requires not only the establishment of ethical restrictions, but also gives rise to the need to promptly resolve legal problems, including criminal and proce-dural ones. This is primarily due to the emergence and spread of legal expert systems that predict the decision on a particular case, based on a variety of parameters. Based on a comprehensive study, we formulate a definition of artificial intelligence suitable for use in law. It is proposed to understand artificial intelligence as systems capable of interpreting the received data, making optimal decisions on their basis using self-learning (adaptation). The main directions of using artificial intelligence in criminal proceedings are: search and generalization of judicial practice; legal advice; preparation of formalized documents or statistical reports; forecasting court decisions; predictive jurisprudence. Despite the promise of using artificial intelligence, there are a number of problems associated with a low level of reliability in predicting rare events, self-excitation of the system, opacity of the algorithms and architecture used, etc.

scholarly journals Research on the Rules of Electronic Evidence in Chinese Criminal Proceedings

2020 ◽  
Vol 12 (3) ◽  
pp. 111-121
Author(s):  
Jin Du ◽  
Liping Ding ◽  
Guangxuan Chen
Keyword(s):  
Civil Rights ◽  
State Power ◽  
Criminal Procedure ◽  
Practical Significance ◽  
Criminal Proceedings ◽  
Electronic Evidence ◽  
Judicial Practice ◽  
Definition Of

As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.

scholarly journals An Institution of Liability for Causing Harm: A Current State and Ways of Improvement

2020 ◽  
Vol 1 (12) ◽  
pp. 43-52
Author(s):  
L. K. Ostrikova
Keyword(s):  
Civil Law ◽  
Public Law ◽  
Public Authority ◽  
Tort Liability ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Current State ◽  
Definition Of ◽  
Damages And Losses

The concept of harm has been examined in the context of the current legislation, doctrine, judicial practice. The paper has determined characteristic cases of causing harm to the participants of relations regulated under civil law. It is concluded that the absence of a legal definition of the concept of harm has resulted in the confusion of the legal categories “causing harm” and “causing damages” as a condition for tort liability in public law and judicial practice. The author has given her own classification of types of harm and determined classification of property damage. The paper has clarified the content of the concept of non-property (reputational) harm caused to a legal entity. The paper has carried out a comparative study of the concepts harm, damages, and losses. It is causing harm rather than causing damages that gives rise to tort liability. The paper has examined the problems of application of rules on recovery of caused damages. The paper analyzes the subinstitution, namely, obligations arising as a result of harm caused by acts of public authority in the field of public administration and law enforcement. The author has determined the features of tort liability conditions for damage caused by state authorities, local selfgovernment bodies and their officials and peculiarities of their subject composition. Attention is drawn to the civil law nature of binding legal relations arising as a result of harm in the field of criminal proceedings. The author has determined the features of tort liability for damage caused by officials during criminal procedural activity, subject composition of a tort obligation. It is proposed to introduce a defining norm of the concept harm as a generic concept and norms on specific division of harm. It is proposed to make a number of changes and additions to the subinstitution of obligation due to damage by acts of public authority.

scholarly journals Substitution of concepts and competencies in the conclusions of forensic experts on «medical cases» as a negative trend in expert, investigative and judicial practice

2021 ◽  
pp. 132-139
Author(s):  
R. E. Kalinin ◽  
Ye. Kh. Barinov ◽  
Ya. V. Komissarova
Keyword(s):  
Medical Care ◽  
Negative Impact ◽  
Legal Regulation ◽  
Legal Practice ◽  
Unified Approach ◽  
Criminal Proceedings ◽  
Judicial Practice ◽  
Objective Side ◽  
Procedural Decisions ◽  
Medical Examinations

. The conclusion of the Commission of forensic medical examination plays a key role in revealing the signs of the objective side of iatrogenic crimes. The notion of the defect of medical care in the legislation is absent, and in theory and in practice has not developed a unified approach to establish causality and its nature (direct or indirect). Due to the lack of necessary legal regulation in expert and legal practice, a number of customs have been formed that do not meet the requirements for the formation of a scientifically based private forensic methodology for investigating crimes and the purpose of criminal proceedings. The article describes the most common errors that have a negative impact on the process of investigation and resolution of socalled “medical cases”, due to which there is either an excessive accusatory or clearly exculpatory bias, which prevents the adoption of fair and reasonable procedural decisions. Ways to improve the methods of investigation of iatrogenic crimes, including the organization of forensic medical examinations in this category of cases, are proposed. 

scholarly journals EXPERT COMPETENCE IN FORENSIC EXPERT RESEARCH OF TRADEMARKS IN THE INVESTIGATION OF THEIR ILLEGAL USE

2018 ◽  
Vol 18 ◽  
pp. 524-533
Author(s):  
I. Yu. Polishchuk
Keyword(s):  
Intellectual Property ◽  
Legal Issue ◽  
Criminal Proceedings ◽  
Counterfeit Goods ◽  
Judicial Practice ◽  
Scientific Competence ◽  
Forensic Expert ◽  
Definition Of ◽  
Objective Side ◽  
Lost Profit

Examples of judicial practice consider specifics of the special knowledge application in form of forensic examination of intellectual property while investigating of trademarks illegal use. This paper separately demonstrates issues of trademarks research including similarity to the degree of designation confusion with a trademark image as well as issues of economic researches in the field of intellectual property to establish the lost of profit due to violation of trademark rights. As a result of performed research it is established that limit of forensic experts competence in specialty 13.6 while criminal proceedings regarding infringement of trademarks is the establishment of full or partial identity of a trademark image with the detected designation on (name of display object) and the uniformity of goods and/or services. It is proved that similarity definition to the degree of mixing trademark image with the revealed designation is a legal issue and goes beyond the limits of the procedural and scientific competence forensic expert in the specialty 13.6. It was revealed that the definition of lost profit of a trademark owner while investigation of its illegal use as a expert task coincides with a task of the investigator to establish socially dangerous consequences as an element of objective side of a crime. It is indicated that all expert conclusions about determining of lost profit of a trademark owner as a result of its illegal use, are probable and conditional. Detection by an expert in specialty 13.9 of loss profit amount in categorical form, without specifying condition for replacement of original goods with counterfeit goods sold goes beyond its procedural and scientific competence.

CONCEPT AND CONTENT OF A RECONCILIATION AGREEMENT IN THE CRIMINAL PROCEEDINGS OF UKRAINE

2017 ◽  
Author(s):  
Mariia Sirotkina ◽  
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Main Attention ◽  
Criminal Offense ◽  
Procedural Law ◽  
Legal Nature ◽  
Criminal Procedure Law ◽  
The Subject ◽  
Definition Of

The article is turned out to a scientific search for the concept of "a reconciliation agreement between the victim and the suspect or accused" through the study of the essence of reconciliation and role in criminal proceedings thereof. The author notes that criminal procedural law (until 2012) had been proclaimed another approach to reconciliation between victim and suspect, not involved a dispute procedure as a conflict, the result of which can be reached by compromise and understanding through reconciliation. It is stated that one of the ways to resolve the legal conflict in committing a criminal offense was the opportunity to reach a compromise between the victim and the suspect (the accused) by concluding a reconciliation agreement between them, provided by the Code of Сriminal Procedure of Ukraine (2012). The main attention is placed on the shortcoming of the domestic criminal procedure law which is the lack of the concept of "a reconciliation agreement between the victim and the suspect or the accused", which can be eliminated only through examining the essence or legal nature of reconciliation in criminal proceedings. Taking into consideration the current legislation and modern views on the institution of reconciliation in criminal proceedings, the author's definition of the concept of "a reconciliation agreement" is proposed. Thus, “The conciliation agreement is an agreement in criminal proceedings concluded between the victim and the suspect or the accused person on their own initiative in relation to crimes of minor or medium gravity and in criminal proceedings in the form of private prosecution, the subject of which is the compensation of harm caused by wrongdoing or committing other actions not related to compensation for the damage that the suspect or the accused is obliged to commit in favor of the victim, in exchange for an agreed punishment and sentencing thereof or sentencing thereof and relief from serving a sentence with probation, as well as the statutory consequences of conclusion and approval of the agreement".

On the Problems of Acts Qualification as Violations of Antimonopoly Legislation in Administrative and Judicial Practice

2020 ◽  
Vol 10 ◽  
pp. 62-69
Author(s):  
К. А. Pisenkо ◽  
Keyword(s):  
Russian Federation ◽  
Point Of View ◽  
Judicial Practice ◽  
Illegal Acts ◽  
The Russian Federation ◽  
Definition Of

The article is devoted to defining the main approaches to classifying acts as violations of аntimonopoly legislation. On administrative and judicial practice discusses current issues and problems of definition of illegal acts, both from the point of view of antimonopoly regulation, and the delineation of antimonopoly violations and violations of other mandatory requirements established by the legislation of the Russian Federation.

Criminal-Legal Characteristics of Encroachment on the Health, Personal Integrity, Honor and Dignity of a Representative of the Authorities

2021 ◽  
pp. 96-103
Author(s):  
N. Yu. Borzunova ◽  
O. S. Matorina ◽  
E. P. Letunova
Keyword(s):  
Russian Federation ◽  
Statistical Data ◽  
Criminal Code ◽  
Personal Integrity ◽  
Judicial Practice ◽  
The Russian Federation ◽  
The Government ◽  
Definition Of ◽  
Criminal Legislation

The authors of the article consider the criminal- legal characteristics of crimes against representatives of the authorities, in particular, encroachment with the purpose of causing harm to the health, personal integrity, honor and dignity of a representative of the authorities. The definition of the term “representative of the authorities”is given. The main characteristics of a representative of the government are analyzed. Statistical data on the number of convictions and types of punishments in accordance with the provisions of articles of the Criminal Code of the Russian Federation (Articles 318, 319) are summarized. Examples of judicial practice are considered. The ways of improving the criminal legislation are proposed.

Wage indexation as a means of ensuring that real wage levels are raised

2020 ◽  
pp. 40-47
Author(s):  
Е. A. Shapoval
Keyword(s):  
Real Wage ◽  
Labor Relations ◽  
Labor Law ◽  
The State ◽  
Judicial Practice ◽  
Wage Indexation ◽  
Definition Of

The article considers issues related to the state guarantee of ensuring an increase in the level of real wage content, the definition of the concept of “wage indexation”, the procedure for its implementation and the mechanisms for determining the amount based on the approaches developed in the science of labor law and judicial practice taking into account priorities in the field of social and labor relations.

On the Consideration of a Criminal Case Against a Minor by Jury

2021 ◽  
Vol 2 ◽  
pp. 90-96
Author(s):  
E. V. Markovicheva ◽  
Keyword(s):  
Criminal Case ◽  
Jury Trial ◽  
Constitutional Court ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Scientific Discussion ◽  
Judicial Practice ◽  
Criminal Procedure Law ◽  
The Right ◽  
A Minor

The functioning of the jury in Russia has demonstrated not only effectiveness, but also a number of problems that need to be resolved. Such problems include the personal jurisdiction of criminal cases by jury. The article reveals the legal positions of the Constitutional Court of the Russian Federation regarding the right of minors to trial a criminal case in a jury. The approaches to solving this issue that have developed in the judicial practice of individual foreign states are analyzed, the main directions for further scientific discussion regarding the right of minors to a jury trial are outlined. The purpose of the article is to disclose various approaches to the administration of criminal justice in the relations of minors with the participation of lay judges. The theoretical basis of the study was Russian and foreign scientific works in the field of criminal procedure law, devoted both to the consideration of criminal cases with the jury, and the specifics of juvenile criminal proceedings. Using the comparative legal research method has allowed to reveal various approaches to the access of minors to jury trials in individual states. In Russian legislation and judicial practice the question of the right of minors to have a criminal case against them considered by a jury remains unresolved. The position of the Constitutional Court of Russia regarding the jurisdiction of such criminal cases is also controversial. The experience of foreign countries indicates that there is no universal way to ensure the right of a minor to a proper court. This issue is decided depending on the type of criminal process, the presence or absence of specialized juvenile courts. Any direct borrowing in this regard cannot be considered effective, but a generalization of foreign experience can create the necessary basis for optimizing both the work of the jury and criminal proceedings against minors.

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