The essence of a helpless state of a person as an important component in the investigation of crimes

Author(s):  
Oleh V. Kravchuk ◽  
Volodymyr M. Atamanchuk ◽  
Yurii M. Turovets ◽  
Serhii H. Volkotrub ◽  
Oleksandr Ye. Ostapenko

The modern legal framework, despite the definition of a helpless state in the corresponding provisions of criminal, administrative, and civil legislation, does not answer the question of what exactly should be understood by such a state due to the lack of any definitions or interpretations of this concept. This determines the relevance of this study. The purpose of this study is to develop an interpretation of a helpless or other life-threatening condition, with the subsequent possibility of the corresponding improvement of the current legislation of Ukraine. The leading method of research is the method of comparative legal analysis. The study analyses the definitions of the concept of a helpless state of a person available in legal and scientific sources. Based on the results of the study, the author’s position on the essence of the concept of a helpless state is presented. The causes that can act as factors of a helpless state are identified. It is noted that the helpless state of a person, under certain conditions, can transform into a dangerous state of a person, as a result of which there is a threat of violation of citizens’ rights. The authors conclude that a helpless state is not only a physical or mental state in which a person can be located, but also a physiological state (psychophysiological), as its factor, acts as a component of the content of a helpless state. Identification of the scope and content of the rights of citizens in need of external security due to the presence of the relevant citizens, owners of these rights in a helpless or other life-threatening state, another task of solving which requires prior clarification of the essence of the helpless state or related states. Based on the analysis, the authors propose an original definition of the helpless state, as well as determine its features

CJEM ◽  
2018 ◽  
Vol 20 (S1) ◽  
pp. S77-S77
Author(s):  
M. Welsford ◽  
R. Gupta ◽  
K. Samoraj ◽  
S. Sandhanwalia ◽  
M. Kerslake ◽  
...  

Introduction: Anaphylaxis is a life-threatening condition that paramedics are equipped to treat effectively in the field. Current literature suggests improvements in paramedic recognition and treatment of anaphylaxis could be made. The aim of this study was to compare the proportion of cases of anaphylaxis appropriately treated with epinephrine by paramedics before and after a targeted educational intervention. Methods: This was a retrospective medical records review of patients with anaphylaxis managed by primary or advanced care paramedics in five Emergency Medical Service areas in Ontario, before and after an educational module was introduced. This module included education on anaphylaxis diagnosis, recognition, treatment priorities, and feedback on the recognition and management from the before period. All paramedic call records (PCRs) coded as local allergic reaction or anaphylaxis during 12-month periods before and after the intervention were reviewed by trained data abstractors to determine if patients met an international definition of anaphylaxis. The details of interventions performed by the paramedics were used to determine primary and secondary outcomes. Results: Of the 600 PCRs reviewed, 99/120 PCRs in the before and 300/480 in the after period were included. Of the charts included, 63/99 (63.6%) in the before and 136/300 (45.3%) in the after period met criteria for anaphylaxis (p=0.002). Of the cases meeting anaphylaxis criteria, 41/63 (65.1%) in the before and 88/136 (64.7%) in the after period were correctly identified as anaphylaxis (p=0.96). Epinephrine was administered in 37/63 (58.7%) of anaphylaxis cases in the before period and 76/136 (55.9%) in the after period (p=0.70). Anaphylactic patients with only two-system involvement received epinephrine in 20/40 (50.0%) cases in the before period and 45/93 (48.4%) in the after period (p=0.86). Conclusion: There are gaps in paramedic recognition and management of anaphylaxis, particularly in cases of two-system involvement. These gaps persisted after the implementation of an educational intervention. Other quality interventions and periodic refreshers may be necessary to improve prehospital treatment of anaphylaxis. Limitations include an increase in overall cases and decrease in rate of true anaphylaxis in the after period, which may relate to better case identification after electronic PCR implementation and changes in paramedic recognition.


2015 ◽  
Vol 3 (5) ◽  
pp. 0-0
Author(s):  
Наталья Поветкина ◽  
Natalya Povetkina

The article presents theoretical and legal analysis of the concept of “immunity of the budget”. The article notes the role and importance of immunity of the budget as special legal structure to ensure compliance by the state with all assumed financial obligations, fulfilled at the expense of the budgets of the RF budget system. Diversity and ambiguousness of understanding the category of immunity in science are pointed out. Various concepts of immunity both in general legal and industry-specific format are analyzed. The author concludes that, despite the fact that the immunity of the budget does not possess all the attributes of legal immunities, it can be referred to as such, but with specific features. The article defines the purpose, functions and characteristics of the budget immunity. The author provides an original definition of the “immunity of budget” concept as a legal regime that does not permit mandatory recovery proceedings at the expense of budgets from the budgetary system of the Russian Federation.


Author(s):  
Tetiana Kolomoiets ◽  
Valerii Kolpakov

In conditions of modern state-building and law-making caused by significant changes in positive law, arises the necessity of developing a new understanding of the doctrine of administrative law. This understanding should be based on the methodological pluralism, present the doctrine as a complex, multidimensional system phenomenon that denotes a set of legal scientific judgments about administrative legal framework. The above outlines the purpose of this study. The main method of scientific work is the method of legal analysis, the use of which allowed, in the context of a holistic presentation of knowledge about the doctrine of administrative law, to determine its concept, structure, system by analysing the consequences of: a) the philosophy of law, b) the theory of law, c) the history of law; d) the administrative law. The focus is on the methodological significance of philosophical, theoretical positions, connections with the general legal doctrine in the mutual perception of research achievements; delimitation of administrative law with other branches; ensuring the consideration of administrative legislation in the statutory material of other branches of law (and vice versa); identification of the identity or differences in the genesis of legal phenomena, etc. It is proved that the phenomenon "doctrine of administrative law" constitutes a system described by: 1. Unity in relation to the environment (integrity) and diversity of relations with it; 2. Its structure, the presence of relatively independent components in its system; 3. The presence of determinant features of "doctrine" as an entity, which constitute the result of the interaction of its components; 4. The presence of contradictions within the system that are the driving force of self-development of the system; 5. Historicity, the presence of over-time development, the "historical basis" and the experience of the past. The definition of the doctrine of administrative law is offered. The practical significance of the research results is that the theoretical provisions and conclusions can form the basis for further research on the doctrine of administrative law and its issues


JMS SKIMS ◽  
2017 ◽  
Vol 20 (1) ◽  
pp. 2-4
Author(s):  
Bashir Ahmad Fomda

“Sepsis is a state caused by microbial invasion from a local infectious source into the blood stream which leads to signs of systemic illness in remote organs,” this was the first scientific definition of sepsis proposed by Dr. Schottmuller in 1914.Sepsis is among the most common causes of death in hospitalized patients. Its death toll is in the same range as that of myocardial infarction. 1 Early and reliable diagnosis is imperative, because of the remarkably rapid progression of sepsis into a life-threatening condition.2 Findings in a patient with suspected or proven infection include fever or hypothermia, tachypnea, tachycardia, leukocytosis or leucopenia, acutely altered mental status, thrombocytopenia, an elevated blood lactate level, respiratory alkalosis, or hypotensions. 3  JMS 2017; 20(1):2-4


Author(s):  
O. H. Aleksieiev

The aim of the paper is to elucidate the genesis and early development of the national pharmaceutical legislation on the territory of modern Ukraine between IX and early XX centuries taking into account historical and legal aspects. Materials and methods. The research was carried out with the use of methods of analysis and synthesis, as well as historical, and comparative and legal methods. Results. The regulation of relations that arose during the production or sale of medical drugs has always been subject to the close attention of the state, even before pharmacy became separated frommedicine. This attitude is explained primarily by the public perception of drugs as a means of possible harm to health and life-threatening. The issue of legal regulation of pharmaceutical activities should be studied from the standpoint of linguistic analysis of this term, since the Greek word pharmacon means medicine or poison. Realizing this, different countries and their institutions at different historical stages of their existence have always tried to define the legal framework of the pharmaceutical business – to outline its powers, competence and responsibility. Conclusions. The results of the historical and legal analysis show that the issue of proper suply of the population (or, at different historical stages, its separate strata) has always been under the close attention of the state. State bodies have always been paid special attention to the quality of medicines and professional training of pharmaceutical workers.


2021 ◽  
Author(s):  
Domenico Calcaterra

Traumatic aortic injuries represent a leading cause of death following motor-vehicular accidents. These injuries curry a very high mortality rate even though a significant number of patients reaches the hospital alive. These injuries are identified in the contest of a polytrauma work up and are almost always associated with multiple other severe traumatic injuries which makes the management of these patients very challenging. The technology advancements seen in recent years with radiologic imaging and the progress of the therapeutic options brought up by the uprise of endovascular therapy, along with the sophistication of the techniques of trauma resuscitation and intensive care management, have improved significantly the overall prognosis of these patients. Although traumatic aortic injuries need to be generally considered a life-threatening condition, their degree of severity may differ significantly from case to case requiring immediate repair in some patients, whereas their repair can be delayed in cases when the severity of the aortic injury does not represent an immediate threat to the patient life. Therefore, the challenge of treatment of the polytrauma patients with an aortic injury is to identify the best strategy of therapy able to prioritize the treatment of the injuries based on their lethal potential. In this contest, the ability of properly defining the severity of the aortic injury is the key-factor to allow the appropriate definition of a treatment strategy able to identify treatment priorities. In our experience, radiologic assessment of the aortic injury in correlation with the evaluation of clinical parameters and a comprehensive polytrauma assessment allows to optimize the ability of the trauma team to establish the most appropriate strategy for the care of this complex patients’ group.


2020 ◽  
pp. 143-155
Author(s):  
Elena Viktorovna Bylinkina

This article analyzes the concept and essential properties of blockchain: decentralization, usage of cryptography, autonomy, presence of consensus mechanisms, anonymity and transparency of the chain of blocks. Alongside the advantages, the article describes the disadvantages of blockchain: high cost of development and implementation of blockchain-based solutions and their utilization (high energy requirements); low speed of data processing; potential unauthorized changes to the database; absence of confidentiality of blockchain users. The author considers the scientific views on the need for legal regulation of the blockchain. An overview is presented on the global achievements in the area of blockchain standardization, as well as key vectors of standardization: terminology, reference architecture, security and confidentiality, management, smart contracts. An original definition of blockchain that takes into account its essential properties is provided. Two spheres of regulation are distinguished: legal regulation of relations that apply blockchain, and regulation of the blockchain technology itself (terminology, ontology, taxonomy, reference architecture, management, etc.). The conclusion is made on invalidity of the proposals on the unified legal regulation of blockchain (for example, formation of the universal law on blockchain), implying different areas of implementation of this technology. The author justifies the need for standardization of blockchain, as well as describes the key advantages of such standardization. It is underlined that the standards would not substitute the specific legal regulation, but would ensure the conditions for creating the legal framework in accordance with the requirements of technological reality.


2018 ◽  
Vol 9 (2) ◽  
Author(s):  
Alexander Tishchenko

This article carries out a comparative legal analysis of the Russian institutions of registers of the unconscientious participants of the competitive procedures conducted within the contractual system in the sphere of purchases to provide the state and municipal needs, purchases made by the certain types of legal entities, as well as housing, land and forestry legislation. The author comes to the conclusion about their conceptual unity, their inseparable relationship with the competitive procedures, the emergence of which is a stage in a market economy development, the impossibility of an undubitable definition of the legal nature of the institutions under consideration, as well as the presence of certain differences and contradictions in their legal regulation, the existence of which is not based on objective reasons. The author proposes to improve the current policy management of the institutions under consideration in order to exclude the differences that are not caused by the peculiarities of the regulated relations, as well as to bring the regulatory and legal framework to a conceptual unity; he provides the substantiation for such proposals.


2021 ◽  
Vol 9 (T6) ◽  
pp. 116-121
Author(s):  
Stefani Stefani ◽  
Yanny Trisyani ◽  
Anita Setyawati

Background: Sepsis is a life-threatening condition due to the failure of the body’s regulation of infection. Knowledge deficit is one of the barriers to early detection and initiation of sepsis care. Nursing internship program students as future nurses need to have sufficient knowledge about early detection of sepsis to support their behavior. Thus, the purpose of this study was to describe the knowledge of nursing internship program students regarding the early detection of sepsis and the demographic factor related to the knowledge.      Methods: The study design was a quantitative study. Through the proportionate stratified non-random sampling technique, the researcher involved 143 nursing internship program students of Universitas Padjadjaran. Data collection used a questionnaire based on the Sepsis-3 guidelines to measure nursing internship program students’ knowledge about early detection of sepsis. The data was carried out in July-August 2021.   Results: The average knowledge score of the respondents was 70.4 (SD=11.9). More than half of the respondents (56.6%) got a score below the average. Almost all respondents do not know the current definition of sepsis and still use the SIRS definition as clinical criteria for sepsis. However, respondents could identify clinical criteria for sepsis based on qSOFA and analyse sepsis indicators based on case scenarios. Meanwhile, based on its characteristics, the information is a factor that significantly affects the knowledge score (p < 0.05).          Conclusion: In conclusion, there is still a gap in the knowledge of the nursing internship program students regarding the update of the Sepsis-3 guidelines. Besides, information is identified as the factor that influences knowledge. Therefore, it suggested that the institution provide further effective educational methods to update students’ knowledge about the early detection of sepsis.


VASA ◽  
2019 ◽  
Vol 48 (5) ◽  
pp. 381-388 ◽  
Author(s):  
Katalin Mako ◽  
Attila Puskas

Summary. Iliac vein compression syndrome (May-Thurner syndrome – MTS) is an anatomically variable clinical condition in which the left common iliac vein is compressed between the right common iliac artery and the underlying spine. This anatomic variant results in an increased incidence of left iliac or iliofemoral vein thrombosis. It predominantly affects young women in the second or third decades of life with preponderance during pregnancy or oral contraceptive use. Although MTS is rare, its true prevalence is underestimated but it can be a life-threatening condition due to development of pulmonary embolism (PE). In this case based review the authors present three cases of MTS. All patients had been previously confirmed with PE, but despite they were admitted to hospital, diagnosed and correctly treated for PE and investigated for thrombophilia, the iliac vein compression syndrome was not suspected or investigated. With this presentation the authors would like to emphasize that MTS is mostly underdiagnosed, and it needs to be ruled out in left iliofemoral vein thrombosis in young individuals.


Sign in / Sign up

Export Citation Format

Share Document