Legal Consequences
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2021 ◽  
Vol 103 (3) ◽  
Author(s):  
Anna Konert ◽  
Piotr Kasprzyk

AbstractIntroduction. This paper examines regulations which govern procedures for reporting incidents other than accidents or serious incidents related to unmanned aircraft system (UAS) operations. The regulations are discussed in the context of available data and the paper included an analysis of them from both a European and national perspective. The goal of the paper is to provide a series of recommendations with regard to the procedures for reporting and analyzing UAS incidents in order to improve the safe integration of unmanned and manned aviation. This article also explores the legal consequences that arise from the midair collision between a UAS and a manned aircraft. Material and methods: The method of study comprises a content analysis of existing legislations. The current doctrine was confronted with existing regulations, documents and materials. Results: The results of the study show that there is a practical problem of objectively identifying operators of a UAS as well as in defining what exactly constitutes an “incident”. It can be reasonably concluded that reporting and analyzing UAS-related incidents allows for the assessment and development of strategies for integrating manned and unmanned aviation. It is worth mentioning that drones and UAS technology requires refinement, especially in technological terms. It is reasonable to take action aimed at raising awareness amongst UAS users of the need to report incidents, as well as engaging UAS users in the investigative process which follows such occurrences.


Author(s):  
Pilar Pinto Pastor ◽  
Enrique Dorado Fernández ◽  
Benjamín Herreros ◽  
Elena Albarrán Juan ◽  
Andrés Santiago-Sáez

AbstractThe completion of the death certificate is indispensable in Spain for a death to be recorded in the civil registry. Occasionally, doctors may be reluctant to sign a death certificate due to possible legal consequences. This study seeks to analyse the possible judicial consequences doctors may face upon filling out this medico-legal document. Sentences published on the Judicial Power’s website between 2009 and 2019 containing the term “death certificate” were analysed. From a total of 2100 sentences examined, only 15 were found to contain the term “death certificate” as part of the claim. In only 7 of these cases the claim was made against the physician, and in 5 the physician was found guilty. Three of them concluded falsity via criminal proceedings, one via administrative proceedings for refusing to sign the certificate and one through civil proceedings for filling out an erroneous antecedent cause of death. In view of the above, it can be inferred that the completion of the death certificate poses few judicial consequences for physicians. In addition, this study reveals the importance of the death certificate document as evidence in judicial proceedings.


2021 ◽  
Vol 18 (3) ◽  
pp. 350-358
Author(s):  
S. A. Poryvaev

Currently, the process of constitutionalization of administrative law is actively underway in the Russian Federation. It involves the differentiation of administrative and administrative-procedural legislation, as well as the formation of procedures of the administrative process implemented in judicial and non-judicial forms. This, in turn, requires a clear allocation of separate administrative-procedural proceedings, including proceedings for the resolution of administrative disputes. On this basis, the fact is noted that the modern development of administrative law and process should be based on constitutional norms, which implies a significant transformation of the relationship between public authorities and private individuals, turning the latter into a full-fledged subject of administrative legal relations, creating new functions of administrative legal regulation. The research paper analyzes the existing administrative-procedural legislation regulating both non-judicial and judicial procedures for resolving administrative disputes. The specifics of individual legislative acts in this area are studied. In particular, a comparison is made between the general and special procedures for resolving out-of-court administrative disputes. The research paper analyzes the legal regulation of such procedures, the features of individual methods of legislative regulation of the out-of-court procedure for resolving administrative disputes are noted. The article also compares administrative recovery and administrative-rehabilitation administrative disputes. Judicial resolution of administrative disputes has significant specifics due to the special place of the judiciary in a state governed by the rule of law. This is expressed in the special legal consequences of a court decision, as well as in the application of administrative legal principles for more effective protection of the rights and legitimate interests of participants in legal relations. Based on the results of the study, conclusions are drawn about the fact that within the framework of administrative procedure legislation, proceedings are formed to resolve administrative disputes both out of court and in court. It also notes the shortcomings and problems of its legal regulation, suggests ways to eliminate them, which can help improve the analyzed production. The consolidation of the procedures for resolving out-of-court administrative and legal disputes should be carried out in a single legislative act, and not within the framework of separate laws and subordinate legal acts. In addition, the resolution of judicial administrative and legal disputes should also be unified within the framework of the Code of Administrative Proceedings of the Russian Federation, however, taking into account the positive elements that are currently available in the Code of Arbitration Proceedings of the Russian Federation.


2021 ◽  
Vol 11 (4) ◽  
pp. 50-69
Author(s):  
D.B. ABUSHENKO

In the article, the author continues to distinguish between a civil-legal offset and a set-off made when the court satisfies a counterclaim and initial claims. As a criterion, recognition is taken as an act of will, proceeding respectively from the compensator (the person to whom the application for set-off is addressed) and the defendant in the counterclaim. The article analyzes the anticipated and “double-edged” recognition. The author substantiates the admissibility of using the mechanism of convalidation (cure) of a defective transaction for cases when the corresponding expression of will is addressed to the court without presenting an independent claim for recognizing the transaction as valid. The issues related to the determination of the moment from which the transaction is considered cured, the content of the convalidated contract, as well as the legal consequences of the subsequent judicial discrediting of the convalidated transaction on the grounds related to its impugnability are considered.


Trials ◽  
2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Danil V. Makarov ◽  
Shannon Ciprut ◽  
Matthew Kelly ◽  
Dawn Walter ◽  
Michele G. Shedlin ◽  
...  

Abstract Background Almost half of Veterans with localized prostate cancer receive inappropriate, wasteful staging imaging. Our team has explored the barriers and facilitators of guideline-concordant prostate cancer imaging and found that (1) patients with newly diagnosed prostate cancer have little concern for radiographic staging but rather focus on treatment and (2) physicians trust imaging guidelines but are apt to follow their own intuition, fear medico-legal consequences, and succumb to influence from imaging-avid colleagues. We used a theory-based approach to design a multi-level intervention strategy to promote guideline-concordant imaging to stage incident prostate cancer. Methods We designed the Prostate Cancer Imaging Stewardship (PCIS) intervention: a multi-site, stepped wedge, cluster-randomized trial to determine the effect of a physician-focused behavioral intervention on Veterans Health Administration (VHA) prostate cancer imaging use. The multi-level intervention, developed according to the Theoretical Domains Framework (TDF) and Behavior Change Wheel, combines traditional physician behavior change methods with novel methods of communication and data collection. The intervention consists of three components: (1) a system of audit and feedback to clinicians informing individual clinicians and their sites about how their behavior compares to their peers’ and to published guidelines, (2) a program of academic detailing with the goal to educate providers about prostate cancer imaging, and (3) a CPRS Clinical Order Check for potentially guideline-discordant imaging orders. The intervention will be introduced to 10 participating geographically distributed study sites. Discussion This study is a significant contribution to implementation science, providing VHA an opportunity to ensure delivery of high-quality care at the lowest cost using a theory-based approach. The study is ongoing. Preliminary data collection and recruitment have started; analysis has yet to be performed. Trial registration CliniclTrials.gov NCT03445559. Prospectively registered on February 26, 2018


2021 ◽  
Author(s):  
Nico Stawarz ◽  
Nils Witte

Although the referendum on the withdrawal of the United Kingdom from the European Union—better known by its portmanteau Brexit—had no immediate legal consequences for migrants, the changed public atmosphere and looming consequences for their status are creating uncertainty among migrants in the UK. This article analyses the impact of Brexit on Germans who lived in the UK and returned to Germany in 2017/18. Our analysis relies on the first wave of the German Emigration and Remigration Panel Study (GERPS), a novel probability-based sample of German return migrants from the EU member countries. The results show that more than half of German return migrants from the UK are strongly affected by Brexit. Furthermore, those who returned on account of Brexit are more likely to blame the political situation, the lack of social security, and their dissatisfaction with life in their host country than those who did not return on account of Brexit – or than those returning from other EU15 member countries. In sum, our results indicate that Brexit may have the unintended consequence of driving out skilled and socio-culturally more integrated migrants who had been living in the UK for several years.


2021 ◽  
Vol 8 (2) ◽  
pp. 101-106
Author(s):  
I Gede Raka Ramanda ◽  
Made Wiryani ◽  
Ni Luh Mahendrawati

This research is based on the provisions of law No. 42 of 1999 on fiduciary, in particular in article 34, and the provisions of article 27 paragraph 3 regulation of the Financial Services Authority No. 33/POJK. 03/2018. There is a conflict of norms between debtors and creditors. The purpose of this study is to find out the legal consequences for debtors who have been voluntarily submitted to the creditor for a voluntary warranty and to find out the legal protection of a debtor who is in good faith hand over a fiduciary guarantee. The theory used in analyzing data is the theory of the Norms (Stufenbau Theorie), the theory of legal certainty and the legal protection theory. Meanwhile, the method used is normative research with a statutory approach. The result of this study showed that Financial Services Authority Regulation Number 33 /Pojk.03/2018 Regarding Quality of Earning Assets and Formation of Allowance for Earning Assets of Rural Credit Banks, regulating the issue of Collateral Foreclosed can be overridden or become not valid, or at least a material test by the Supreme Court. If violated, it results in being null and void. Furthermore, based on legal protection theory, that Article 15 paragraph (2) of Law Number 42 Year 1999 does not provide legal certainty and justice for debtors.  


Author(s):  
Дмитрий Михайлович Адылин

В настоящее время одним из приоритетных направлений развития государства является улучшение демографической ситуации в стране, а также поддержка материнства, детства и семьи. Для реализации указанных целей российская правовая политика предусматривает различные механизмы, одним из которых является предоставление отсрочки отбывания наказания беременным женщинам, женщинам и мужчинам, являющимися единственным родителем, до достижения ребенком четырнадцатилетнего возраста. Социальное назначение данного вида отсрочки заключается в обеспечении прав детей на развитие и воспитание в родной семье. В последнее время набирает популярность суррогатное материнство, которое предусматривает вынашивание и рождение женщиной ребенка для другого лица или лиц, которые станут родителями ребенка после его рождения. При этом в российском законодательстве остаются неурегулированными некоторые вопросы, связанные с реализацией требований отсрочки отбывания наказания суррогатным матерям. В статье рассмотрены проблемы правовых последствий для суррогатных матерей, которым предоставлена отсрочка отбывания наказания, в случае передачи ребенка в соответствии с требованиями договора потенциальным родителям и предложены пути их решения. Currently, one of the priorities of the state's development is to improve the demographic situation in the country, as well as support for motherhood, childhood and family. In order to achieve these goals, the Russian legal policy provides for various mechanisms, one of which is the provision of deferred sentence for pregnant women, women and men who are the only parent, until the child reaches the age of fourteen. The social purpose of this type of deferral is to ensure the rights of children to development and upbringing in their native family. Surrogacy, which involves the carrying and giving birth of a child by a woman for another person or persons who will become parents of the child after its birth, has recently gained popularity. At the same time, some issues related to the implementation of the requirements for postponing the serving of sentences for surrogate mothers remain unresolved in Russian legislation. In particular, this article discusses the problems of legal consequences for surrogate mothers who are granted a suspended sentence in the case of the transfer of the child in accordance with the requirements of the contract to potential parents and suggests ways to solve them.


2021 ◽  
Vol 2 (3) ◽  
pp. 118-122
Author(s):  
I. G. Berezin ◽  
Y. B. Samoilova ◽  
Y. L. Shepeleva

The article is devoted to the quality of medical care from the point of view of the legal consequences of conflict situations arising during the provision of medical services. The authors made an attempt to analyze the most typical conflict situations with possible legal consequences of their resolution based on examples from official sources of information.


Lex Russica ◽  
2021 ◽  
pp. 44-53
Author(s):  
N. A. Morozova

The paper analyzes the negative legal consequences associated with the fact of bringing to administrative responsibility and circumstances occurring after the end of the execution of the sentence. These consequences are established not only by the Code of Administrative Offenses of the Russian Federation, but also by many other laws. They differ among themselves in the content and duration of the periods during which they arise and continue. Based on this, the author concludes that it is necessary to introduce a concept similar to the concept of "conviction" in criminal law into the legislation on administrative offenses, and talk about the "state of administrative punishment" that should be understood as a special legal status of a person brought to administrative responsibility, characterized by the possibility of the imposition of a more severe punishment in the event of a repeated offense and the application of other negative measures. Under the Code of Administrative Offences of the Russian Federation, the term of administrative punishment is one year, i.e. any negative consequences of being brought to administrative responsibility can take place within a year after the end of the execution of the sentence, including the possibility of imposing a more severe punishment for the repeated offense, recording the information about the facts of bringing to responsibility during employment, disseminating information about the fact of committing an offense. After the expiry of the term of administrative punishment, the person should be considered not previously brought to administrative responsibility. After that term no negative consequences associated with this fact can take place. As in criminal law, the term of administrative punishment can differentiate depending on the gravety of the offense or the type of punishment imposed. The mechanism is provided for the early termination of the state of administrative punishment.


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