POLISH REGULATORY POLICY AIMED AT COUNTERACTING ALCOHOLISM AS AN ELEMENT OF ENSURING SAFETY IN TOURISM – THE CASE OF TRAVEL INSURANCE

2021 ◽  
Vol 57 ◽  
pp. 4-4
Author(s):  
Michał Koszowski
Keyword(s):  
Alcohol Consumption ◽  
Regulatory Policy ◽  
Legal Framework ◽  
Legal Regulation ◽  
Strict Sense ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Insurance Contracts ◽  
Judicial Decisions

Purpose. The aim of the article is to assess whether the current legal framework on travel insurance contracts allows the regulations in question to be included in the legal instruments that both ensure safety in tourism and constitute an element of the regulatory policy aimed art counteracting alcoholism and the negative effects of alcohol consumption. Method. The main method used in the submitted article is the legal dogmatic method, which, however, is not used in the strict sense. Additionally, analysis of the normative text is supplemented with the author's independent reference to judicial decisions and legal doctrine. Findings. Analysis of legal regulations and judicial decisions allows to indicate that the structure of travel insurance makes it an element of the regulatory policy aimed at counteracting alcoholism. Accidents can often be classified as insurance events within the meaning of various types of insurance contracts, including travel insurance. Therefore, the structure of these agreements cannot assume the form of a specific sanction for alcohol consumption. However, to ensure the fullest possible safety in tourism, insurance events of this type should not be excluded from the liability of insurers without deeper reflection on the purpose of this kind of protection, also within the context of the policy aimed at counteracting addictions and their effects on health and life. Research and conclusions limitations. The legal analysis is focused on the Polish legal regulation of the issue. Practical implications. The conducted research may be an indication for the creation of mandatory regulations regarding travel insurance contracts, as well as the content of the contracts themselves and general insurance conditions. Originality. Research on regulatory policy that is rarely of interest to legal scientists. Type of paper. In the article, theoretical concepts are presented. This text is an overview in nature.

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 General features of anti-corruption policy in Ukraine

Legal Ukraine ◽  
2020 ◽  
pp. 18-23
Author(s):  
Keyword(s):  
Soviet Union ◽  
Legal System ◽  
General System ◽  
Legal Framework ◽  
Institutional Framework ◽  
Legal Analysis ◽  
National Agency ◽  
Legal Doctrine ◽  
Soviet Government ◽  
The Soviet Union

The article examines the history of anti-corruption policy in Ukraine and the current state of the legislative framework. Various approaches to legal regulations and the etymology of anti-corruption law are considered. Great emphasis is placed on the study of the institutional framework of our state, namely, the study of the functioning of such state structures as the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, the Specialized Anti-Corruption Prosecutor’s Office, Supreme Anti-Corruption Court. The analysis of the historical retrospective, taking into account political events for a better legal analysis. Based on the recommended amount of work, the state of anti-corruption policy is considered fragmentarily. In order to systematize the analysis of the work, the anti-corruption system of Ukraine was divided into 3 historical stages: the Soviet effect, the neoliberal tendency and the general system. The initial stages of the Ukrainian legal system are characterized by the dominance of the Soviet Union. It was during this period that corruption, as a phenomenon, is gaining new dimensions. Among the main methods of fighting corruption, the Soviet Union used methods of cruel punishment. In the USSR, the death penalty was introduced in 1950 for the theft of socialist property. Soon it was not possible to control power, and during the Brezhnev era, an alternative economy appeared due to which bribery increased. Soviet leaders often used corruption for political ends to eliminate their direct political rivals. The Soviet government tried to ignore corruption and not regulate crime within the legal framework. The period of independent Ukraine was characterized by the country’s movement choice. The national doctrine boiled down to neutrality between Europe and the post-Soviet countries, which created a common legal system. The key moment was Ukraine’s accession to the Parliamentary Assembly of the Council of Europe in 1996. The liberalization of legislation to the European model soon began. Revolutionary changes were adopted, and in 2014 the construction of anti-corruption bodies began. . Key words: normative legal act, anti-corruption legislation, legal doctrine, institutional framework.

scholarly journals Legal Convergence as a Trend of Global Legal development. Review of the Monograph: Bezborodov Yu.S. “Methods and Forms of Legal Convergence in International Law”. Moscow, Prospect, 2020. 240 p. (in Russian).

2020 ◽  
pp. 145-153
Author(s):  
R. M. Khalafyan
Keyword(s):  
International Law ◽  
Methodological Approach ◽  
Scientific Work ◽  
Legal Regulation ◽  
Current Phase ◽  
Legal Systems ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Social Phenomena ◽  
Scientific Methods

INTRODUCTION. The review reflects the specifics of the methodological approach, implemented by Yu.S. Bezborodov in the analysis of the current phase of interaction between national legal systems and international law. Reference is made to the creation of a new conception that employs the notion of legal convergence to reveal the mechanism of getting national legal systems affinitive to each other. Attention is drawn to the content of legal convergence, the reasons for its dissemination, the link with international law as well as the correlation of convergence with related categories – globalization, universalization, sovereignty, etc. The author’s views on the interrelation between sovereignty and supranationality, universalization and localization as conditions of functioning of international law, constituting the predominant basis of convergence of national legal systems, are presented. The evaluation is given to the author’s position concerning the methods of legal convergence, in particular international legal integration. The emphasis is given to correlation of the presented forms of legal convergence. It is pointed out that comparative and legal analysis of integration in different regions of the world, including in the post-Soviet space, is important for understanding the current results of legal convergence.MATERIALS AND METHODS. The study is based on the conclusions and approaches formulated in the peer-reviewed monograph as well as the materials of the domestic and international legal doctrine on the subject-matter concerned. In writing the review the author used general and special scientific methods.RESEARCH RESULTS. The convergence of national legal systems and international law is influenced by different processes either inherent to the mechanism of international legal regulation or extraneous to it. They are distinguished by their considerable specificity and varied character. However, they do not impede legal convergence to be realized through various forms and methods.DISCUSSION AND CONCLUSIONS. The review of the scientific work led to the following conclusions: a) the author managed to present his own non-contradictory conception of convergence of national legal systems and demonstrate its connection with a number of current social phenomena; b) the monograph provides convincing arguments for the proposed forms and methods of legal convergence; c) the comparative legal characteristics of the regional international integration organizations are detailed and allows to form quite complete and correct comprehension of them. In addition, the review outlines a number of issues interesting for further discussion.

scholarly journals The Relationship Between Initial Tender and Mini-Competition: EU and Lithuanian Perspectives on Framework Agreements

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 45-61
Author(s):  
Marta Andhov ◽  
Deividas Soloveičik
Keyword(s):  
Public Procurement ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Related Case ◽  
Framework Agreement ◽  
The Public ◽  
Two Stages ◽  
The Relationship

The article conducts a comprehensive scholarly analysis of framework agreements – a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.

scholarly journals Legal regulation in the field of genetically modified organisms (GMO) turnover in Russia and foreign countries

2021 ◽  
Vol 25 (1) ◽  
pp. 32-66
Author(s):  
Ramilya G. Novikova
Keyword(s):  
Production Efficiency ◽  
Genetically Modified Organisms ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Gm Food ◽  
Foreign Countries ◽  
Genomic Studies ◽  
Food Taking ◽  
And Control

One of the most relevant issues, which todays society face is the use of advanced technologies in the field of GMO and GM-food. Taking a look at the world map of law we can see diverse legal regulation of GMO turnover, especially in the context of regulation and control of genomic studies and their practical application, risk assessment of uncontrollable GMO spreading and technologies of genetic editing of organisms including at the level of research planning. The comparative legal analysis of foreign regulation (including in dominant jurisdictions), provided in this article allows revealing those distinctions, determining the basic tendencies in GMO legal development and connected products with GMO components, including the matters of control with regard to GMO turnover. The analysis allowed drawing several recommendations on borrowing foreign experience for the sake of revising Russian regulation, i.e., taking regulatory measures to develop the relevant sphere of social relationships - legal acts, governmental decrees, etc. oriented towards the development of biotechnologies, raising confidence of citizens in genetics, stimulation of GMO production efficiency, and innovative development. Russia is a member of the Eurasian Economic Union (EAEU); therefore, the article discusses the national laws of these countries concerning GMO and contains recommendations for harmonizing the legal framework of the supranational level in the field of GMO turnover.

scholarly journals Russian legislation on public control

2021 ◽  
Vol 7 (1) ◽  
pp. 374-382
Author(s):  
Vitaly Viktorovich Goncharov ◽  
Tatiana N. Mikhaleva ◽  
Grigory A. Vasilevich ◽  
Evgeny Sergeevich Streltsov ◽  
Aleksandra Alekseevna Milkova ◽  
...  
Keyword(s):  
Civil Society ◽  
International Law ◽  
Russian Federation ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Public Control ◽  
The Russian Federation ◽  
Legal Mechanism

This article is devoted to constitutional legal analysis of international legal bases of the legislation of the Russian Federation on public control. The work substantiates the position that to understand the constitutional legal mechanism of public control in Russia it is necessary to study the international legal framework of control of civil society over public authority in connection with the implementation of generally recognized principles and norms of international law in the legal system of the Russian Federation as a priority the rules of the legal regulation under Part 4 of Article 15 of the Constitution.

L’opera d’arte video tra diritto e mercato

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Alessandra Donati Alessandra Donati ◽  
Eliana Romanelli
Keyword(s):  
Technological Development ◽  
Video Art ◽  
Legal Framework ◽  
Legal Regulation ◽  
Moral Rights ◽  
Legal Analysis ◽  
Collective Work ◽  
Italian Law ◽  
The Status ◽  
Creative Contribution

Despite being a form of art that dates back in time, the work of video art still struggles today to find a shared legal framework. There is a risk to associate video art with other more traditional artistic forms and this risk has prevented video art from attributing its own autonomy, independence and expressive specificity. Artists’ videos are not listed among the works expressly protected by Italian Law no. 633/1941 (Law on protection of copyright and moral rights), with all the consequences in terms of determining the holders of the moral and patrimonial rights of the author and the division of these rights between the various persons who, in various ways, contribute to their realization (artist, director, screenwriter, interpreters, music authors, etc.), especially if the video works result from the indissoluble creative contribution and the collective work of a group of people. Finally, video art inevitably suffers the limits of digital art: it is easily reproducible, perishable, not limited and numbered in its editions, subject to obsolescence resulting from technological development; these factors causes the arising of various difficulties in terms of claiming the status of a work of art in the essence of its uniqueness, originality and authenticity. The relevance of issues related to legal regulation and the conservation of video art is also relevant for the possible recognition as a cultural asset that audiovisual media of a rare and valuable nature can obtain under the Italian Legislative Decree no. 42/2004 (Code of Cultural Heritage). Of extreme importance, therefore, is the legal analysis aimed at qualifying such a medium, through which to frame its expressive nature and understand how to manage the circulation of such works of art, how to ensure their protection and preservation and ensure their authenticity and paternity.

WAIVER OF SUBJECTIVE RIGHT INSTITUTE: LEGAL NATURE AND ACCEPTANCE CRITERIA IN CRIMINAL PROCEEDINGS

2020 ◽  
pp. 42-47
Author(s):  
I. N. Chebotareva ◽  
◽  
O. S. Pashutina ◽  
I. V. Revina ◽  
◽  
...  
Keyword(s):  
Back Analysis ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Scientific Interest ◽  
Criminal Proceedings ◽  
Legal Doctrine ◽  
Legal Nature ◽  
The Look ◽  
Definition Of ◽  
The Right

The nature of a subjective right causes the possibility of a criminal proceedings participant willingly, based on own interests and wishes, both to exercise the right exactly and waive it and not to use the provided procedural possibilities. Within the criminal proceedings, the waiver of the right institute is new, underdeveloped. There is practically no understanding of its subject matter and the extent of its exercise at the level of doctrine and jurisprudence as opposed to the foreign experience and civil legal regulation, which causes definite scientific interest in this topic. The paper carries out the look-back analysis of the definition of the nature of the waiver of the subjective right in Russian legal doctrine. This institute is relatively new and little researched in the Russian doctrine, which determines a particular scientific interest in the study of this issue. The paper provides the authors’ description of the waiver of the subjective right. In respect to the Russian criminal procedural legislation, the authors highlight the necessity to distinguish between the refusal of a right and the refusal to exercise a right by the participants in the criminal procedural activity; analyze the differentiated approach of the legislator on this issue. Based on the theoretical and legal analysis, the authors define that the waiver of the subjective right has definite essential features, forms, and ways of implementation, as well as specify the criteria for its admissibility. The paper proves the conclusion that the waiver of the right within the criminal process is possible under such conditions, as the direct willingness of a subject of criminal law relations to waive a right; the awareness of the existence of a particular procedural right and the consequences of such refusal; the form of a waiver showing its voluntary nature by implementing the intended freedom of choice. The authors expressed the proposals aimed at the improvement of norms of current criminal procedural legislation.

scholarly journals Human dignity as a fundamental basis and a practical tool of “right to hope” in criminal law

2021 ◽  
pp. 23-30
Author(s):  
Slipachyk Slipachyk
Keyword(s):  
Human Rights ◽  
Human Dignity ◽  
Legal Regulation ◽  
Scientific Article ◽  
Constitutional Court ◽  
Federal Republic Of Germany ◽  
Legal Analysis ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
The Right

The scientific article focuses on the analysis of a sentence of life imprisonment without a realistic prospect of release in Ukraine as a violation of the “right to hope” in the context of the human dignity category. The study provides an overview of approaches to the definition of human dignity in national legal doctrine and practice, a historical and legal analysis of the origins of legal regulation of the idea of ​​respect for human dignity in international legal acts, and analyses the constitutional stages of the evolution of this concept as a matter of international law. The author has reviewed the jurisprudence of the European Court of Human Rights on this issue and studied the reasons of the Court on setting standards for acceptable treatment of a person through the lenses of human dignity and the inadmissibility of inhuman and degrading offences. Taking into account these standards, a critical assessment has been carried out, in particular, of the judicial practice of the Federal Republic of Germany on the application to a prisoner of such a type of punishment as preventive detention with indefinite duration. Emphasis has been given to the national judicial practice in cases of possible releasing life-sentenced prisoners in the conclusions of the Grand Chamber of the Supreme Court and the decision of the Constitutional Court of Ukraine on this issue. Based on the results of the study, a set of measures, including amending the legislation to bring it in line with the requirements of European human rights standards to protect human dignity and ensure the “right to hope” has been offered.

scholarly journals The need for regulation in the practice of human assisted reproduction in Mexico. An overview of the regulations in the rest of the world

2021 ◽  
Vol 18 (1) ◽  
Author(s):  
Alma López ◽  
Miguel Betancourt ◽  
Eduardo Casas ◽  
Socorro Retana-Márquez ◽  
Lizbeth Juárez-Rojas ◽  
...  
Keyword(s):  
Latin America ◽  
Assisted Reproduction ◽  
General Health ◽  
Legal Framework ◽  
Legal Regulation ◽  
Official Journal ◽  
Main Body ◽  
Health Law ◽  
Legal Analysis ◽  
National Regulation

Abstract Background The emergence of assisted reproductive technology (ART) in humans has been an important tool for the treatment of infertility. The number of treatments performed in Latin America has been increasing, and Mexico is the third country with the most assisted reproduction cycles performed in the region. However, Mexico lacks a national regulation for assisted reproduction. Therefore, it is necessary to implement regulations that allow for a safe clinical practice based on ethics which can be available to any social group. Main body The aim of this review was to examine the existing legislation that regulates human assisted reproduction practices in Mexico, but also to examine the legal analysis of the policies, laws, and regulations in effect in some countries in Latin America, North America, and Europe. For this, seven databases were consulted, and 34 articles from 2004 to 2021 referring to the practice of ART within the legal framework and the anthropological analysis that this entails were analyzed. Eight documents were also consulted such as the Mexican General Health Law of the Official Journal of the Federation (February 7, 1984) with its last published reform (DOF 01-06-2021). And three official agency websites were also consulted. No specific legislation was found for human assisted reproduction practices in Mexico; however, assisted reproduction clinics are ruled under some agreements implemented by national organizations such as the Mexican Association of Reproductive Medicine and, at the Latin America level, the Latin America Network of Assisted Reproduction (abbreviated REDLARA in Spanish); in addition, the practice of ART is considered, although not explicitly, in the General Health Law. Conclusion In Mexico, there is no legal regulation in charge of assisted reproduction practices, which is why there is an urgent need to establish human assisted reproduction laws without incurring discriminatory and unconstitutional acts, and at the same time, be in accordance with scientific advances. This will allow a considerable reduction in the violation of human rights.

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