The role of legal responsibility in the implementation of the principle of the unity of public authority in Russia

The subject. The article presents a comprehensive general theoretical analysis of the institution of legal responsibility and its role, taking into account the consolidation of the new constitutional and legal principle of the unity of the system of public power.The purpose of the research is to confirm or disprove hypothesis that it is necessary to legislate a full-fledged mechanism of legal responsibility of state bodies and local self-government bodies in order to implement the constitutional principle of the unity of public power.Methodology. The formal legal method, the method of comparative legal analysis, dialectical method and systemic approach were used.The main results, scope of application. The authors found the manifestation of dualism in the work of the institution of legal responsibility. It consists in the ability to bear responsibility both to the state, in connection with various offenses, and to the population itself. A brief description of the loss of trust as a basis for the responsibility of officials is given, taking into account contemporary legislation. Directions for the further development of this legal institution are highlighted. The article examines the opinion of the Russian Constitutional Court on the legitimacy of using the loss of trust as a basis for the responsibility of public authorities. The article examines the normative legal acts, which fix the mechanism for the implementation of the principle of maintaining trust in the activities of the authorities on the part of society. For example, in relation to state civil and municipal employees, a prohibition has been established on statements about the activities of authorities and their assessment, if such actions are not included in the list of their official duties. Such a mechanism for maintaining public confidence in the work of government bodies should contribute to strengthening the unity of the public power system. At the same time we can talk about the existing trend towards a decrease in the level of public confidence in the work of authorized bodies exercising public authority. The corruption and bureaucratization of the activities of officials, the expansion of the powers of law enforcement agencies, a decrease in the independence of the political opposition are pointed to among the possible reasons most often. In this regard, the paper proposes expanding the grounds for responsibility when implementing the procedure for recalling an official.Conclusions. It is necessary to consolidate a full-fledged legislative mechanism of legal responsibility of state bodies and local self-government bodies, which will contribute to the implementation and strengthening of the new principle of the unity of public authority.

Evaluation of Dentists' Practice in Obtaining and Recording Medical and Pharmacological History of Patients in Yazd City in 2020

Introduction: Dental profession has an ethical and legal responsibility in patient care. A properly maintained patient record is a very important aspect of this patient care. The aim of this study was to evaluate dentists' practice in obtaining and recording the medical and pharmacological history of patients in Yazd City in 2020. Methods: In this descriptive cross-sectional study, 197 dentists working in Yazd City were selected during the study and their practice in obtaining and recording medical history was evaluated using a valid questionnaire. Data were analyzed by SPSS23 statistical software t-test and Pearson correlation coefficient. Results: Out of 197 dentists participating in this study, 93 (52.8%) were male and 104 (47.2%) were female. Their mean age was 39.37± 8.36 years and their mean clinical experience was 6.5± 9.25 years. The mean score of dentists' practice in obtaining and recording the medical and pharmacological history was 61.30±4.95 (range 45-72) out of 72 points. There was no statistically significant difference between the mean score of dentists' practice by gender, clinical experience, university of study and degree (P-value>0.05), but there was a statistically significant relationship between dentists' age and their practice score (P-value=0.040). Conclusion: Based on the results of the present study, the mean practice source of dentists in obtaining and recording the medical and pharmacological history of patients was good. The effect of gender, university of study and degree on dentists' practice was not significant. However, with increasing age and experience in dentistry, the practice score of dentists was lower.

A Proposal for a General Resolution on Cyborgization

In addition to “Prolegomena for Cyborgoethics,” this chapter builds a strong case for the necessity of cyoborgoethics to help guide moral actions and protocols for preserving the vitality of life within a rapidly changing technologically society. The introduction of an all-encompassing ethical system of cyborgization of human beings is deemed necessary in addition to establishing cyborgoethic principles and rethinking the developmental stages of cybernetic implants that pose the question whether we as cyborgs perceive ourselves as the only authors of our life history and whether we will recognize ourselves as autonomously active persons. It is important to establish ethical and legal responsibility for potential cyborgization of the entire reality of mankind.

Review of the monograph: Malko, A.V., Lipinsky, D.A., Musatkina, A.A. (eds.). (2020) Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of relationships, interactions and contradictions. Moscow, RIOR Publ.

The review of the collective monograph Legal responsibility in the legal system of Russia: regulatory and legal implementation problems of interconnections, interactions and contradictions assesses the content of a monographic study and evaluates contribution of its authors to the modern theory of legal responsibility. The review formulates critical remarks and suggestions on the research problem.

Оn the problems of understanding the category «sanction» in the theory of law and branch jurisprudence

The scientific article is devoted to the analysis and rethinking of the category «sanction» in the theory of law and branch jurisprudence.As a result of the conducted research, the general theoretical definition of the category «sanction» as part of a legal norm that provides for negative consequences of non-compliance or improper implementation of the rule enshrined in the disposition of the rule of law, is supported.It is noted that, despite the existence of certain terminological differences, in general, the sciences of criminal law and the theory of law are moving in the same direction regarding the definition of sanctions and their classification, which cannot be said about other branches of law. In the science of civil law, modern definitions take us not only beyond the legal norm, but also beyond the law as a whole, focusing on the ability of sanctions to be contained in the contract between the parties, and therefore associating the sanction not with part of the legal norm, but with legal responsibility as such. And sanctions in economic law fully relate to the type and degree of responsibility.It is concluded that theoretical approaches to the definition of sanctions in administrative law can be clearly divided into two groups, the first of which «fits» into the general understanding of sanctions. When referring to the latest doctrinal sources (the second group), there is a significant variability in them and attempts to move away from the established definition. Moreover, the understanding of the sanction goes far beyond both the legal norm and legal liability, extending it, among other things, to preventive measures.Thus, it is necessary to distinguish the category of «sanction» as specifically restrictive measures, as measures of legal liability and as a structural element of a legal norm. Moreover, if the term «sanction» may well be applied to restrictive measures, which is due to the etymology of this concept, then the identification of sanctions as an element of a legal norm and measures of legal liability should be completely excluded. The use of such categories as synonymous at both the doctrinal and practical levels leads to legal uncertainty and confusion of concepts.

ADMINISTRATIVE AND LEGAL RESPONSIBILITY OF ORGANIZATIONS AS A MEANS OF ANTI-CORRUPTION

В статье исследуются особенности привлечения организаций к административной ответственности по статьям 19.28 и 19.29 КоАП РФ, а также по ряду составов административных правонарушений, косвенно указывающих на наличие в них коррупционной направленности. Рассматривается проблема расширения административной ответственности организаций и лиц в случаях совершения коррупционного правонарушения от имени или в интересах юридического лица. The article examines the features of bringing organizations to administrative responsibility under Articles 19.28 and 19.29 of the Administrative Offenses Code of the Russian Federation, as well as for a number of administrative offenses that indirectly indicate the presence of corruption in them. The problem of expanding the administrative responsibility of organizations of persons in cases of committing a corruption offense on behalf of or in the interests of a legal entity is considered.

Forensic Medical Expertise in Traditional China: Legal Regulation and Practice

The article deals with the problems of forensic medical expertise in traditional China in the investigation of crimes related to murder and death of people under unknown circumstances. The research featured legal acts and related comments that regulated the procedure. The author focused on the treatise of the XIII century Sung Tzu's "Washing Away of Wrongs" (Hsi yüan lu), which became the first essay on forensic medicine in world history. This document was far ahead of European works on this topic and was still in use in the early XX century. Constant conflicts between non-official comments and legal norms were one of the most serious problems that judicial practice had to face. For instance, according to the century-long shiht’u practice, specially authorized employees (wutso) with no medical training were responsible for describing internal and external injuries on the human body. Medical education was not mandatory for those performing forensic medical examination because autopsy was prohibited under the threat of punishment in the form of hard labor, and all conclusions about the causes of death were made on the basis of external examination. However, the main problem was the legal responsibility for the falsification of forensic medical examination. It often affected innocent people while real criminals managed to escape punishment, which violated the yin-yang harmony.

Redefining the concept of professionalism in nursing: an integrative review

Objective In today's world with sweeping changes, nurses are responsible for providing high-quality and cost-benefit care, which would almost be impossible unless they achieve their high professional status. To date, no precise and comprehensive definition of professionalism in nursing has been evidently proposed. In fact, many of the previously proposed definitions are either complicated or ambiguous. Moreover, there is no consensus in the literature on an exhaustive definition for “a professional nurse.” The present study aimed to illustrate the concept of professionalism in nursing and identify its defining characteristics. Methods In this study, concept analysis was conducted using Whittemore et al.'s method for the integrated review. A comprehensive search of electronic, scientific databases including Eric, PubMed, Scopus, Web of Science, EBSCO, PsychoINFO, Embass, MagIran, IranDoc, SID, and IRANMEDEX was carried out using the keywords such as professionalism, professional behavior, nursing professionalism (NP), professional attribute, and nursing. Results In the present study, a comprehensive search of 11 electronic databases retrieved 5738 articles. Then, 2837 duplicate articles were removed by endnote (version 8). Based on a preliminary examination of the titles and abstracts as well as the inclusion and exclusion criteria, 1517 articles were excluded. In addition, 137 articles were removed for scientific reasons. Finally, 52 articles in English and Persian were selected. Content analysis of the articles revealed four major themes, namely, individual prerequisite, professional prerequisite, appropriate structure, and socio-individual factors. Conclusions Professionalism in nursing is a major, multidimensional concept according to the literature that included individual prerequisites, professional prerequisites, appropriate structures, and socio-individual factors. In fact, professionalism in nursing comprises a wide range of personal characteristics, self-regulation, professional values, striving to acquire and enhance professional expertise, professional interactions, social, professional, and legal responsibility, and creation of a sense of belonging, and professional development.

Draft concept of legal responsibility in the legal system of Russia

The doctrinal document defines the relationships, interactions and contradictions of legal responsibility with such elements of the legal system as: the system of law; implementation of the right; principles of law; legal awareness and legal culture. The publication is intended for researchers, law-making bodies, government bodies, as well as students of legal training.