How to avoid medical errors, how to respond and relate to them: a review of the scientific monograph «Defects in the provision of medical care»

Currently, the number of judicial proceedings on real and alleged offenses and disputes in area of provision of medical care has been exponentially increased. Some of such proceedings become publicly disclosed, but many more of them remain unnoted in mass media and civilian society as a whole. Increasing number of medical doctors has been accused of criminal offenses, being more often sentenced to real terms of imprisonment, showing a clear tendency to increase gravity of responsibility applied to medical doctors. This publication represents a peer-reviewed response of paramount importance to the book by A.A. Ponkina and I.V. Ponkin «Defects in the provision of medical care» raising ontological, value and technical issues for negative outcome of medical care – by the fault or in the absence of the fault of the doctor. The book puts the scientific basis beneath changes so much awaited by the Russian public health in relation to medical doctors, their social importance, objective limitlessness of their opportunities and capabilities in curing sick people and saving their lives.

EUROPOL’S NEW MANDATE: BETWEEN SECURITY AND CIVIL FREEDOMS

The article presents the EU Commission’s legislative initiative to amend the current Regulation of 2016, which defines powers and functions of the EU Agency for Law Enforcement Cooperation (Europol). The author cites the arguments used by the EU Commission in its decision to expand the functions and powers of the agency: the successful acquisition of new technologies by criminal gangs, the challenges of digital threats for law enforcement and judicial agencies of Member States, which find it difficult at the national level to properly process big data for the investigation of cross-border crimes. The article analyses the main thematic blocks of the new Regulation: enabling Europol to cooperate in the fight against criminal offenses with private parties; empowering the agency to carry out preliminary processing of big and complex databases; strengthening the role of Europol in the field of research and innovation; enabling Europol to enter alerts into the Schengen Information System, etc. The author believes that the expansion of Europol's operational powers brings it one step closer to the «European FB», i.e., an organization of a supranational nature. At the same time, the author cites the arguments of the reform’s opponents, including the political groups of the European Parliament and human rights organisations, which can be divided into two groups: a) under the pretext of ensuring security, the Commission legalises the current practice of Europol, which has gone beyond its current mandate, b) the new functions of the agency for processing a big data pose a threat to the citizens’ rights.

Killing through negligence and its distinction with other kinds of murder

Problem setting. According to Art. 27 of the Constitution of Ukraine, everyone has an inalienable right to life, no one can be arbitrarily deprived of life, and the state, in turn, is obliged to protect human life. Protection of a person’s life, as a duty of the state, is manifested in the establishment of criminal liability, enshrined in Section II “Criminal offenses against life and health of a person” of the Criminal Code of Ukraine, who commit socially dangerous acts. whether there are criminal offenses and what punishments they should be committed. The distinction between crimes such as premeditated murder and negligent deprivation of another’s life is important, as criminal law theory still does not have sufficient information on this issue and does not have a complete list of features of the above crimes, but we tried to identify them in our article. Target of research. Deepening their knowledge on the caution of a person’s life due to inconsistency and drawing the line between possible offenses and conditional authority, clarifying the special characteristics of the perpetrator and the victim, outlining the essential features of the perpetrator and the victim, and researching the regulation of negligent proposal of a new version of the Criminal Code of Ukraine. Analysis of resent researches and publications. The theoretical basis for the study of the problem of murder through negligence are the works of legal scholars, in particular, M. Bazhanov, V. Borisov, S. Borodin, V. Glushkov, O. Gorokhovskaya, I. Zinchenko , V. Tyutyugin, O. Us, E. Kisilyuk, V. Kuts, M. Yefimov, S. Likhova, V. Stashis, V. Shablisty and others. Article’s main body. According to Art. 3 of the Constitution of Ukraine, man, his life and health, honor and dignity, inviolability and security are recognized in Ukraine as the highest social value. Given this constitutional provision, the legislator should pay special attention to the criminal law protection of human life and health as the most important public relations. So it is no coincidence that considering such encroachments as one of the most dangerous in the criminal law dimension, the legislator established criminal liability for their commission in Section II “Criminal offenses against life and health” of the Special Part of the Criminal Code of Ukraine. Due to the high public danger and the high prevalence of criminal offenses against human life and health, criminal law theory and law enforcement practice are under increasing scrutiny. Thus, the analysis of judicial practice in recent years shows that, for example, among all murders (Articles 117-119 of the Criminal Code of Ukraine) the number of persons convicted of deprivation of life due to negligence is about 15 percent annually. In our opinion, it is also advisable to analyze the concept of “murder” by comparing the common and distinctive features of the offenses referred to in Art. Art. 115 and 119 of the Criminal Code of Ukraine. According to scientific results, we can conclude that these offenses have many common features. It is possible to understand the common features and preconditions for the spread of these types of offenses. Conclusions and prospects for the development. A study of issues related to the criminal law analysis of murder through negligence and its difference from other types of murder, shows that these acts encroach on the identical object, which is “human life as a set of social relations.” Unfortunately, nowadays the dynamics of offenses committed in Art. Art. 115 and 119 is intensifying, so consideration of their delimitation and characterization of their features is very important. The study examines the main features of these types of crimes, as well as analyzes some provisions of national law and proposes some adjustments to them.

Restorative juvenile justice

Problem setting.Today, society is developing rapidly, there is a process of globalization, the influence of information technology is growing significantly, which in some way complicates public relations and conflicts that need to be effectively resolved and resolved through justice. Raising this issue, in our opinion, we should first of all pay attention to such a problem as juvenile delinquency, because it is the rapid development of information technology has significantly affected the spread of this phenomenon. Thus, it should be emphasized that the state does not fully contribute to solving this problem, which just clearly illustrates the problem in the introduction of juvenile justice in Ukraine. The actualization of this issue is primarily due to the lack of understanding of the implementation of new changes in the protection of children’s rights in Ukraine. The state must understand that it has a responsibility to increase the responsibility of adults for the safety and lives of people. In turn, as already mentioned, low social protection of children creates crime among minors. And here there is another problem: the application of official justice, which involves primarily the application by the state to offenders of certain coercive measures, which is provided for in the sanctions of legal norms. In our opinion, this method of justice does not help to resolve the conflict between the victim and the accused. Because, in criminal proceedings, the main mediator of the accusation is the state, as a result of which the injured party receives double damage: both from the criminal offense itself and directly from justice, which has not solved the real problem in essence. In turn, the offender, through the application of appropriate means of state coercion, is not aware of his responsibility for the act committed by him. Thus, today there is a need for the introduction and application of restorative justice in juvenile cases. Since the restorative approach is aimed at restoring the socio-psychological condition of both participants in the process, as well as real compensation for the damage to the injured party. Target of research. Investigate juvenile justice in Ukraine, and the commission of criminal offenses by minors. Correlate the concepts of formal and restorative justice, as well as consider the need for restorative justice in Ukraine. Investigate national and international practices of juvenile justice, and implemented alternative programs for the application of restorative justice practices against juveniles in Ukraine. The object of this study is: juvenile justice, the commission of criminal offenses by minors, restorative justice in Ukraine, as well as the involvement of international practices in the application of restorative justice to minors. Analysis of reсent researches and publications. This issue was studied by the following scientists: G. Kostova, V. Zemlyanska, V. Lyska, V. Sidletska and others. Article’s main body. The article is devoted to the problem of introduction of restorative justice in juvenile cases in Ukraine. The authors studied the functioning of juvenile justice in Ukraine, as well as the implementation of state programs for the introduction of restorative practices, by reviewing the main provisions of national law and international practices. The author’s position and proposals for further reform of criminal justice for juveniles in Ukraine are formulated by introducing a restorative approach involving international practices. Norway is considered to be the first country to establish rehabilitation practices for minors. It is this leading country that has been based on the origins of mediation since 1970, but began on the basis of an experiment in the theft committed by a minor who was known in 1981. The case was a success, and in recent years almost 81 of Norway’s 345 municipalities have supported innovation – restorative justice, which has been expressed in a community decision in their area. And since 1991 it has become more accessible in 1991. Norwegian law enshrines this provision in the Municipal Mediation Councils Act, which was established in 1991, the 1992 Resolutions, the 1993 Circular, sections 71-72 of the 1998 Code of Criminal Procedure, and Part 2 include the right to the prosecutor in case of committing a non-public dangerous act without illegal consequences to transfer the offender to the mediation process. Conclusions and prospects for the development. Currently, the state and trends of juvenile delinquency, as shown by the analysis of judicial statistics, indicate the urgent need to organize consolidated and targeted actions of society and the state to prevent such crime, prevent its development and growth. Canada and Norway, we have established that they carry out executive activities for the restoration of justice, communication and restoration of justice, protection of fundamental human rights and freedoms, public relations. Also, these states are passing laws to get closer to the basics of restorative justice. Despite their imperfections, their direct component is the formation of the moral condition of both parties, ensuring their understanding of the crime, solving issues related to the moral condition of the victim, which is manifested in her conscious assessment of the situation, psychological rehabilitation in case of mental illness: panic attacks. , depression, which require quality treatment. Also, it is fundamental to report the guilt of a juvenile offender for his crime, the implementation of alternative measures of punishment: community service, a fine that would positively affect the further behavior of the offender. As practice shows, such an alternative in Ukraine would be a good attempt to minimize the level of crime among criminals also through advocacy in the form of lectures, seminars on offenses, as well as the adoption of alternative regulations in Ukraine, which would legally support mediation.

COMMUNITY SERVICE IMPOSED UPON THE CONVICTED CORRUPTOR IN ACTUALIZING LOCAL WISDOM AS CULTURAL HERITAGE

Optimizing social work crime for convicted corruption is interpreted as an effort to provide positive value to the community in addition to reducing the burden on the state, both the burden of costs incurred by the state in fostering convicts and the burden of coaching, because the convicted person has more specific competencies both in the scientific field, authority as well as in other fields compared to the competency of the guiding apparatus without intending to play down the capabilities of the coaching apparatus, besides the security burden that must be carried out by the state, because given the provision of criminal work, the obligation to carry out criminal offenses is transferred to convicts not to the state , and the benefits felt not only for the country but also for the people ,because the competency of the perpetrators can be useful, and it becomes a legal effort in actualizing local wisdom, because the sanctions applied are more concentrated on the needs of the community and community-based coaching, and prison is no longer the only coaching institution for perpetrators of corruption, so It is expected that the recommendations for the renewal of the Criminal Code and the Corruption Law can achieve the goal of punishment, namely providing deterrence for perpetrators and also providing positive benefits for the community while reducing the burden on the state.

CONDUCTING AN EXAMINATION OF MUSIC LITERATURE IN THE INVESTIGATION OF OFFENSES RELATED TO ASSAULT ON CULTURAL VALUES

The article discusses the issues arising in the investigation of criminal offenses on the example of illegal search work at an archaeological heritage site, destruction, destruction or damage to cultural heritage sites. Conducting certain types of examinations is disclosed as the activity of experts who possess knowledge of certain branches of science. The issues of carrying out a comprehensive forensic technical examination of documents and art criticism are highlighted. The main methods used by experts of the above types of expertise have been determined. It was emphasized that the most promising and expedient procedure for carrying out a comprehensive examination of music literature is to first conduct a technical examination of documents, which will allow restoring the lost fragments of both the material and the text of a musical work, taking into account the methods that will then be used by an art expert. Activities for pre-trial investigation of crimes that encroach on cultural heritage, cultural values, where the objects of examination are music literature, in particular, is a complex multifaceted and multifaceted process to perform the tasks of criminal justice. The specific nature of the investigation of these criminal offenses makes the issue of organizing examinations quite relevant. The multifaceted investigation of these offenses is reflected in its organization, in particular through the use of special art knowledge in procedural and non-procedural forms. The practical purpose of the organization is to determine the optimal direction and content of the investigation, optimize its purpose, forces and means necessary to achieve it, the correct placement of forces and the creation of appropriate conditions. The growing needs of modern society in the use of knowledge in the field of art history does not bypass the field of justice. Understanding the importance of special knowledge for establishing factual data gives grounds to consider forensic science as an independent institution for the protection of the rights and legitimate interests of citizens, legal entities and the interests of the state as a whole.

QUALIFICATION OF CRIMINAL OFFENSES: THE PROBLEM OF DEFINITION AND METHODOLOGICAL ASPECTS OF THE RESEARCH

The article is devoted to the study of the qualification of criminal offenses. It has been established that this concept is used in criminal and criminal procedural legislation, but there is no formal definition of it. In the science of criminal law, there are different approaches to understanding the concept of qualifications. Based on the analysis of these approaches, the definition of the qualification of criminal offenses has been formulated. According to the author, the qualification of criminal offenses is a process of knowledge and evaluation by the authorized subject of the factual features of a socially dangerous act, isolation of legally significant ones and establishing their compliance with the legal features of a particular corpus delicti of criminal offense, including its distinction from other criminal offenses and from acts that are not criminally illegal, as a result of which the conclusion on the criminal law norm to be applied is substantiated and documented. The main methodological aspects of the study of the qualification of criminal offenses, such as praxeological, epistemological, axiological, hermeneutical, logical, practical, are highlighted. From the point of view of praxeology, the qualification of criminal offenses is considered as a special kind of human, and in particular legal, activity. In the epistemological aspect, the qualification of criminal offenses is the cognitive activity of the law enforcer. In the axiological aspect in the process of qualification the assessment of factual signs and the committed act as a whole is carried out, and also in the presence of estimation concepts in criminal law their maintenance is defined. The hermeneutic aspect of the study of the qualification of criminal offenses is to study the understanding and interpretation of criminal law. The comparison of the factual features of the committed act and the features of the specific composition of the criminal offense should be carried out using the laws, forms and methods of logic. The practical aspect of the study of the qualification of criminal offenses covers the material and procedural problems of accuracy, correctness of qualification in terms of content and form. It is concluded that the study of these aspects contributes to a deeper understanding of the concept under study. The multidimensional approach to the qualification of criminal offenses contributes to the further comprehensive development of qualification rules and substantiation of proposals for improving the practice of applying the criminal law.

Terceiras Notas à Legislação da Lavagem de Capitais em Portugal-UE: Regime Sancionatório Numa Segunda Abordagem

This second approach to the sanctioning regime of the legislation that prevents laundering of advantages, such as money – money laundering such as capital –, in Portugal and the EU, will once again take into account that it is not possible to forget the duty of training. It is necessary to add to the prevention of the laundering of advantages, such as capital, criminal offenses and counter-administrative offenses that are contained in the Law of Laundering. Although, in the latter case, not yet of all administrative offenses. Which, in due course, we will complete. And this is due to a problem in this legislation, as in others: its increasing size. We had already mentioned this in our last publication and we reinforce it again. Because new and important legislation emerged: Law 58/2020, of 8/31, Decree-Law 9/2021, of 1/29, and Decree-Law 56/2021, of 6/30.

Some questions of the history of the formation of the system of criminalistic knowledge

The article discusses the problematic issues of the historical preconditions for the formation of the system of criminalistics knowledge. Analyzed the scientific works of scientists and practitioners of law enforcement agencies regarding the system of criminalistics knowledge and criminalistics science. The importance of taking into account the historical period regarding the formation of the structure and system of criminalistics knowledge is emphasized. Systematization of criminalistics knowledge took place in several stages. Thus, one of the first to summarize and classify criminalistics knowledge was Hans Gross. Similarly, SM Tregubov and RA Reiss attempted to form a system of criminalistics knowledge in their scientific works. A. I. Vinberg and B. M. Shaver in their work argued for the need to distinguish in criminalistics science of the general and special part. In certain historical periods, different views were proposed on the formation of a system of criminalistics knowledge, which is associated with the historical development of society at that time, the state of scientific research on the detection, detection and investigation of criminal offenses. Depending on the historical stages, practitioners and scientists offered their own system of criminalistics knowledge and criminalistic science.

Violence against the person - criminal offenses against human dignity

The article proves the need to determine human dignity as a generic object of violence against a person. The article describes the state of the description of criminal offenses against human dignity under the Criminal Code of 2001 (as of 2021). According to the author, the author considers the presence of violence against a person to be an act of "crime against dignity" in the actions of the group "crime against dignity". The article proves the need to determine human dignity as a generic object of violence against a person. The article describes the state of the description of criminal offenses against human dignity under the Criminal Code of 2001 (as of 2021). According to the author, the author considers the presence of violence against a person to be an act of "crime against dignity" in the actions of the group "crime against dignity". In the content of the article, the author argues that crimes against human dignity include: all forms of domestic violence, discrimination, bullying and stalking. Under these conditions, the main unprecedented objects of these acts is the dignity of man in its psychological sense. It is this dignity that suffers in the case of abusive actions against the individual. The author, however, does not combine the understanding of mental safety and human dignity, because he considers these phenomena not identical. This approach is due to the understanding of the understanding of human dignity as a unity of components: self-assessment of their own qualities, abilities, worldview, their behavior and social significance. The text of the article provides proposals for the prospects of correct inclusion of such acts in the draft Criminal Code in the process of developing Section 4.5. "Crimes against personal freedom and human dignity."