Socrates. 2021, 1 (19)

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Abigeatus – mājlopu zādzība jeb aizdzīšana – kā noziedzīgs nodarījums pret īpašumu romiešu tiesībās
(Rīga Stradiņš University, 2021) Apsītis, Allars; Joksts, Osvalds; Rīgas Stradiņa universitāte, Latvija
The article deals with the results of research performed on the primary sources of the Roman Law regarding offences against property contemporaneity criminalised in the Criminal Law (Sections 175. Theft, 176. Robbery, 179. Misappropriation) of modern-day Latvia. It describes and analyses the Roman Law legal regulation regarding abigeatus – the offence of cattle stealing or “rustling” which was considered as a more dangerous and serious offense than ordinary theft (furtum) and therefore more severely punishable. According to the information in the possession of the authors, Latvian researchers have not yet in particular studied the current theme, and the publications in the Latvian language have not been detected yet. Accordingly, the current article could provide certain contributions to the development of the national field of law, especially regarding the impact of Roman legal principles on the development of modern legal institutes incorporated in the law of the Republic of Latvia.
Automatizētās datu apstrādes sistēmā esošo datu kontrole (Kriminālprocesa likuma 219. pants): nacionālie un starptautiskie piemērošanas aspekti
(Rīga Stradiņš University, 2021) Ķinis, Uldis; Sinkevičs, Ņikita; Rīgas Stradiņa universitāte, Latvija
The article “Control of Data Located in Automated Data Processing Systems: National and International Application Aspects” is the result of the idea initiated by the proposal submitted by the Latvian State Police, to the Permanent Working Group of Criminal Procedure Experts of the Ministry of Justice regarding the amendment of Section 219, Paragraph 2 of the Criminal Procedure Law. Article 219 of the Criminal Procedure Law “Control of Data in an Automated Data Processing System” is essentially analogous to Article 19 of the Cybercrime Convention, which obliges Member States to adopt such legislation as to facilitate the search of data in systems located within their territory. The essence of the proposal is to renounce the national territorial application clause in the Article, as it restricts the police operability to obtain evidence in criminal proceedings in situations where data stored in another computer systems are located outside of the territory of Latvia but are legally accessible from searchable system via Internet. In other words, to change the scope of jurisdiction of search and seizure to transborder search and seizure. The debate on whether one Member State is entitled to search and capture data in a system located in the territory of another Member State, is not new. It has been running since the adoption of the Convention and it is believed it will continue at least until the adoption of the Second Additional Protocol to the Convention, which should address issues related to cybercrime investigations. In the article, the authors will analyse what and how the situation has fundamentally changed since the adoption of the Cybercrime Convention and the Criminal Procedure Law, especially regarding the understanding of jurisdiction in the application of criminal procedural instruments. The authors also aim to provide their solutions for solving problems in relation with the proposal submitted by the State Police.
Criminology as Trends in the Development of Science
(Rīga Stradiņš University, 2021) Vilks, Andrejs; Kipāne, Aldona; Rīga Stradiņš University, Faculty of Law, Latvia
Criminology has a special place and is of special significance in law science. It does not always examine substantive or procedural rules and case law. The authors of the article emphasise criminology as a science of social law, the dominant object of cognition of which is socially significant phenomena (crime, drugs, corruption, prostitution, etc.), as well as the processes related to their combating and prevention. Crime is the product of various contradictions that evolve in society, a negatively directed function of society that reflects its resulting state of moral and social “health”. Dynamic social, economic, political, legal, administrative, organisational and other factors determine the constant cognition of socially undesirable and negative phenomena, improvement of research tools and approaches. Crime is transforming alongside social changes, in some cases even accelerating them. Despite the unjustified discounting of the significance of criminology as an independent science, it continues to develop. In the social science system criminology functions as a mission, creating an uncompromising attitude towards crime. Under the current circumstances and in line with the intense invasion of modern technologies crime is taking on new forms and shapes. It successfully moves to the virtual environment, increasing its latency level and significantly complicating the magnitude and negative effects of damage detection. A new modified field of cognition of crime and its related elements a arising – digital criminology. It could play an important role in the qualitative analysis and forecasting of crime, in identifying the determinants of crime, and in determining their impact on crime. Digital methods of examination of persons, including the use of positron emission tomography (PET) of brain scanning, would make it possible to identify persons with pronounced criminal inclinations. Digital technologies could be used in correctional institutions and establishments to help those who have served prison sentences related to deprivation of liberty, in their rehabilitation, as well as in the implementation of virtual deprivation of liberty and replacing of expensive and inefficient prisons with digital detention facilities.
Current Trends in Training Forensic Experts in Ukraine
(Rīga Stradiņš University, 2021) Kurdes, Oleg; Ph.D student, National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”, Ukraine
The system of forensic expert training in Ukraine has been considered in detail. Particular attention is devoted to the need to bring the training of state forensic experts and forensic experts who are not employees of state forensic science institution to uniform administrative and legal standards, as well as to existence of outdated norms on training forensic experts, and gaps in legislation that leads to insufficient meeting of the needs of law enforcement agencies and court in objective and high-quality forensic expert conclusions. Analysis of administrative legislation of Ukraine in terms of forensic expert training has allowed to formulate proposals to improve the activity. The focus is the need for further administrative and legal settlement of the issue of international cooperation of state specialised forensic science institution in terms of exchange of trainees with forensic science institutions of other states.
Galveno interešu centru noteikšanas un izvērtēšanas problemātika fizisko personu pārrobežu maksātnespējas procesos
(Rīga Stradiņš University, 2021) Eglīte, Inga; Joksts, Osvalds; Rīgas Stradiņa universitāte, Juridisko zinātņu doktora studiju programma, Latvija; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
The authors analyse how it is possibile in different ways to assess and study where the debtor’s main centre of interests is located and under what circumstances the opposite can be concluded. Compilation of misleading information by debtors, which may create a misleading impression of courts to determine the main centre of interest in Latvia, which allows a debtor – a natural person to go through the insolvency or a natural person under a more lenient procedure compared to the country where the debtor is true (GIC). Summarising these issues (GIC) will allow to identify and analyse the most common stumbling blocks in court decisions, and the need to introduce common practices in order not to create or at least reduce new precedents of similar nature.
Homeward trends Latvijas Republikas tiesu praksē
(Rīga Stradiņš University, 2021) Damberga, Sindija; Rīgas Stradiņa universitāte, Juridisko zinātņu doktora studiju programma, Latvija
The objectives of this study are to focus on the United Nations Convention on Contracts for the International Sale of Goods (CISG) case law of the Republic of Latvia; to determine whether and how the mandate has been given in Article 7(1) of CISG, consider its international character and need to promote uniformity in its application is observed in Latvian courts. The author examines and analyses court decisions related to applicability of the CISG in Latvia in the period from September, 2013 to January, 2019. The author notes that arbitration decisions are excluded from this study due to their mostly confidential nature. The study has been performed in a purely theoretical manner assessing and comparing the compliance of judicial decisions with the objectives of the CISG; however, the views of academics and legal scientists have been taken into consideration. The study reveals that courts, although sometimes recognise the CISG applicability, use domestic principles in determining the outcome rather than make decisions based on CISG. Therefore, it identifies that Latvian courts are prone to the so-called homeward trend. The article concludes with the author discussing and suggesting possible solutions in order to minimise the homeward trend.
Identification of Papillary Patterns in Human Fingers and Toes on the Basis of General Characteristics
(Rīga Stradiņš University, 2021) Kaugia, Silvia; Lall, Annika; Zīle, Aelita; University of Tartu, Estonia; Retired Police Lieutenant Colonel, Estonia; Rīga Stradiņš University, Faculty of Law, Latvia
The article gives a brief overview of the types of papillary ridge patterns of the skin, their location on the digits of fingers and toes. In this study, the authors of the article aimed to determine whether the papillary ridge patterns of a person’s fingers and toes on the hands and feet of the same side are identical in terms of general characteristics. The methods used were the printing ink imprints on dactyloscopic maps and Microsil® impressions, and the comparison of the obtained impressions.
Implementation of Preventive Activity; Foreign Experience in Criminological Work of Forensic Science Institutions
(Rīga Stradiņš University, 2021) Filipenko, Nataliia; Spitsyna, Hanna; Shynkarenko, Ihor; Tsymbalistyi, Vitalii; National Aerospace University “KhAI”, Ukraine
This article considers the issue of using modern foreign experience of preventive activity in criminological work of forensic science institutions of Ukraine. Peculiarities of main organisational forms of forensic activity have been analysed through special institutions (forensic science institutions) and through specific professionals: forensic experts (for example, practice of witness institution: professionals who took the oath or obtained a license for forensic examination conducting), international standards used in forensic science. The position of necessity of legislative introduction of international standards in conducting forensic examination is revealed and substantiated.
Influence of Business on State Policy within the Framework of Constitutional Economics
(Rīga Stradiņš University, 2021) Prykhodko, Olena; Scientific Research Institute of State Building and Local Government of the National Academy of Law Sciences of Ukraine, Kharkiv, Ukraine
Nowadays, one of the key issues is the problem of interaction between the state and non-state actors in the context of constitutional economics. The 2020 Coronacrisis has not only revealed the need for a more in-depth analysis of the whole spectrum of this problem – conflict and overlap of interests, competition and partnership of the parties – but also raised the importance of the scientific debate to a new level. The purpose of this article is to study the importance of how enterprises can influence a government’s economic policy, including the limits of state interference in the implementation of its current activities in the light of the fundamental constitutional and legal provisions. The role of entrepreneurship and the influence that non-state economic actors exert on the economic policy of the state is increasing in contemporary conditions. The creation of a mutually beneficial format of interaction between the state and business, which is necessary to maintain the competitiveness of both, necessitates a rethinking of the basic constitutional principles upon which the economic model of the state is based. Under such circumstances, constitutional economics acts not only as a scientific study of existing models, but also assumes the important mission of implementing the objectively formed request to review the basic constitutional economic principles, which were established almost 100 years ago and do not always correspond to the current reality and challenges.
Intelektuālā īpašuma aizsardzības loma valstu ekonomikas izaugsmē
(Rīga Stradiņš University, 2021) Vindele, Liene; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
Today, innovations and their effective use in the development of the company are crucial not only for the competitiveness of the company itself, but also for the competitiveness of the country. Recent research shows that, as intellectual property policies evolve, companies are increasingly developing intellectual property strategies in order to benefit more and more from the innovative products they develop. In addition, these companies, which use intellectual property in their operations, are more economically competitive, which also increases the country’s competitiveness. That way, policy makers seek to improve the regulation of intellectual property in order to foster innovation and economic growth. However, although the protection of intellectual property rights has been recognised for centuries as important for economic development and innovation, the number of infringements and counterfeits continues to rise every year, causing millions of losses.
Likumības princips civilprocesā: formālas lietu vešanas kārtības pamats civillietās
(Rīga Stradiņš University, 2021) Kronis, Ivars; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
In the article, the author examines the matter of the expression and content of the principle of legality in civil procedure, more specifically focusing on the procedural and substantive problems of the principle of legality. Civil procedure is universal as a compulsory form of protection of subjective rights or, in other words, civil procedure is a procedure for compulsory exercise of civil rights, which is reduced to a set of norms that determine the type of actions of both existing legal protection institutions and persons who use this protection or are involved in it in any other way. Legality plays an important role in this regard. Legality means a state of life of the society which, firstly, has a legal framework, which is not logically contradictory and which generally meets the objective needs of this society and, secondly, natural and legal persons respect and follow the legal norms adopted. In civil procedure, this is not only a principle, but also one of the aims of legal proceedings. According to its content, the principle of legality includes, firstly, the requirement that the courts apply the norms of the substantive law correctly and carry out procedural actions in accordance with the legal norms; secondly, the requirement that other participants of the procedure comply with the procedural and substantive legal regulation when adjudicating and considering civil cases in court. Thus, the principle of legality includes procedural and substantive components. The aim of the article is, by analysing the moral-legal content of the principle of legality, to evaluate the aspects of its application. Material and methods used in the study for the empirical basis of the research include scientific works and collections of articles, publications in periodicals and primary sources, laws, internet resources, as well as other publicly available information. Analytical, inductive and deductive research methods have been used in the research.
Pacientu autonomijas krimināltiesiskā aizsardzība Latvijā: vai nepieciešama jauna norma Krimināllikumā?
(Rīga Stradiņš University, 2021) Lieljuksis, Aldis; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
The article is a follow-up to the study on the protection of patients’ rights under the criminal law. The article examines the provisions of the Criminal Law which legislates liability of medical practitioners for medical treatment without the patient’s consent. Only Section 135 of the Criminal Law ‘expresis verbis’ provides for liability for abortion against the will of a pregnant woman. In other cases, liability may only arise in cases where at least moderate bodily injury has been caused during medical treatment. Court judgements do not address the issue of the informed consent, consequently, the factual situation is unclear. It should be noted that the legal framework differs from such European countries as Poland, Portugal and Liechtenstein, where criminal liability is imposed not only for the harm caused to the patient in healthcare, but also for treatment without the patient’s consent in situations where it was necessary because the fundamental rights have been unlawfully infringed. The author considers that the research should be continued by identifying experience of other countries and the actual situation prior to putting forward a recommendation to impose criminal liability under the Criminal Law.
Parodiju veidošana kā autora tiesību ierobežojums
(Rīga Stradiņš University, 2021) Veikša, Ingrīda; Biznesa augstskola Turība, Juridiskā fakultāte, Tiesību zinātņu katedra, Latvija
In certain cases, a literary or artistic work created by the author may be used without the author’s permission, based on the copyright restrictions specified by law. The purpose of these restrictions is to strike a balance between the right of an author and rights of society. One of the restrictions is the right on creation of parodies and caricatures, which is an essential component of freedom of expression. At the same time, the author has the right to take actions against the distortion of his work, because there is a very narrow line between parody and distortion. What seems like a funny joke to one person may seem offensive and resentful to another. If the author considers that his work is distorted, if it infringes the author’s honour or dignity, then such action constitutes an infringement of the author’s moral rights and is considered a violation. In order to avoid the creation of inappropriate parodies or caricatures, it would be advisable to make amendments to the Copyright Law that would ensure a balance between the author’s right to dignified use of his work and the society’s right of freedom of expression and inadmissibility of censorship.
Partnerattiecības un homofobija: tiesiskās problēmas Latvijas Republikā
(Rīga Stradiņš University, 2021) Rozentāle, Lidija; Rīgas Stradiņa universitāte
In a more global context, it is known that individuals sometimes migrate in order to escape prejudice and discrimination in their country of origin by moving to a more tolerant host country where they can engage in sexual behaviour more freely. Nevertheless, there is almost no research on the consequences of immigration for LGBT people (Carrillo, 2004). Cases of homophobic assault or sexual harassment can take form of physical abuse, verbal or public, and not just public. The author has concluded that if there has been no physical contact in the case of homophobic attacks, no liability for such offenses can be found under criminal law. Analysing the responsibility for hooliganism, it can be concluded that the commission of a criminal offense in a public place does not in itself mean that the crime should be classified as hooliganism, and no other person’s interests were harmed and no serious disturbance of public peace was found. In order to be prosecuted in the case of homophobic assault or sexual harassment, the interests of other persons (society) must be harmed.
Reconciling Conflicting Interests of Coastal and Riparian States: The Hard Case of Black Sea Straits
(Rīga Stradiņš University, 2021) Abgaryan, Jetta; Chakhvadze, George; Jakeli, Levan; Grasis, Jānis; Russian-Armenian Slavonic University, Armenia; Ivane Javakhishvili Tbilisi State University, Georgia; Batumi Shota Rustaveli State University, Georgia; Rīga Stradiņš University, Faculty of Law, Latvia
There are two basic understandings of the regime of the Black Sea straits: the Black Sea straits as a legal regime and the Black Sea straits as a political regime [1]. The legal assessment of the Black Sea Straits regime requires determining what the existing regulation of the Straits is, how open the Straits are to international navigation, and if closed, whether there are real legal grounds for closing straits while the reference to the Black Sea Straits as a political regime allows for the possibility that straits may be closed for ensuring the security of Turkey and the Black Sea riparian states [1]. It is worth noting that arguments advanced by international legal scientists on the Black Sea straits as legal regime fundamentally differ from each other. Some scientists consider the Montreux Convention to be a major problem in the legal regulation of the Black Sea straits. They consider it necessary for Turkey to recognise the 1982 Convention on the Law of the Sea as a legally binding treaty [2]. Others argue that the main problem in regulating the Black Sea straits is the unilateral regulations adopted by Turkey (1994, 1998 and 2003 Regulations), which, in their view, violate the basic norms of the Montreux Convention, especially the regime of free passage through the straits established by this Convention [3; 4]. Another group of scientists believes that although the regime of the Black Sea straits is significantly restricted by Turkish unilateral regulations, these acts are aimed at protecting the marine environment and safety, and, therefore, the Turkish policy of regulating the Black Sea Straits is legally justified [1; 5]. This article is dedicated to the international legal regulation of navigation in the Black Sea Straits. The aim of the paper is to evaluate the current regime of the Black Sea Straits, the relationship and differences between the regime established by the Montreux Convention and the unilateral acts adopted by Turkey on the regulation of traffic in the Black Sea Straits, and to answer the question whether the urgent need to protect the natural environment and maritime safety entitles Turkey to restrict the regime established by the Montreux Convention. Thus, special attention will be drawn to the Montreux Convention, the rules and recommendations adopted by the International Maritime Organisation and the case law of international courts. In the view of the authors, the environmental and safety arguments put forward by Turkey for restricting navigation through the Black Sea Straits have two conceptual dimensions. First, these arguments are acceptable when it comes either to introducing norms related to the movement of ships to ensure safety of navigation or providing an obligation of notification to the Turkish authorities [6]. Another important thesis advanced by this article is that in each particular case, the regulations adopted by Turkey should be interpreted in the light of the recommendations made by the International Maritime Organisation. The main rationale of this argument is that under the existing regulations, Turkish authorities can still suspend the movement of ships in the straits for various reasons, some of which are quite vague. However, the article showcases that Turkey can, in case of pressing environmental need, when there is an urgent interest in the protection of the natural environment, act with the motive of protecting the natural environment, regardless of whether this action derives from a particular international treaty.
Socrates. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls. 2021, 1 (19)
(Rīga Stradiņš University, 2021) Rīga Stradiņš University, Faculty of Law; Rīgas Stradiņa universitāte, Juridiskā fakultāte
Terorisma tiesiskā regulējuma problēmas
(Rīga Stradiņš University, 2021) Voins, Valdis; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
Terrorist threat has grown and evolved in recent years. Acts of terrorism constitute one of the most serious violations of universal values: human dignity, freedom, equality and solidarity, human rights and fundamental freedoms, and they also represent one of the most serious attacks on the principles of democracy and the rule of law. Acts of terrorist violence are crimes against public security and peace. They can be prosecuted in accordance with the general criminal law provisions on murder, organisation of explosions and other violent crimes, without the need to prove the special terrorist intent to intimidate the population directly or influence the government to take or not to take certain actions. A large number of people whose criminal characteristics make it possible to see a desire to influence the government or to intimidate the population have been successfully convicted without applying special anti-terrorist laws. The special rules are adopted to enable the entire spectrum of persons involved in terrorist activity to be brought to justice: organisers, managers, recruiters, supporters. Over time, each country in the world has developed its own criminal law and criminal justice system. The most important factors affecting the development of criminal law include: geographical location, history and societal development of the country, national specificities and specific features of the country, structure of crime and its new manifestations. Developments in criminal law are influenced by the establishment and functioning of international and regional organisations and developments in political processes around the world. It is important to have adequate tools in place to protect EU citizens and all people living in the EU and counter such violations in an effective and proportionate manner, which are adequate to meet up to the threats the EU is confronted with, while preserving a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality prevail.
Tiesiskā regulējuma analīze aizgādības tiesību ierobežošanas jautājumos
(Rīga Stradiņš University, 2021) Vanaga, Sanita; Rīgas Stradiņa universitāte, Juridiskā fakultāte, Latvija
The article addresses the question of the legal analysis of the restriction of custody rights and the issues related to the consequences of the restriction of custody rights. As within the meaning of law, a child is a minor until the age of 18, thus he or she lacks the legal capacity, the child’s custody rights are exercised by his or her natural guardians – parents. The nature of custody rights is very broad, and their exercise or legal restriction can be viewed from several aspects, which clearly raises a number of issues. The publication pays special attention to the ways of restricting custody and their impact on ensuring the rights and interests of a child. The analysis of the legal framework revealed that there are three types of restriction of custody rights, which ensure unequal protection of a child’s rights and interests, as the restrictions is interpreted according to the understanding of custody rights by the child’s parents. The aim of the study is to identify the problematic issues and make proposals for the improvement of the legal framework, in order to reach equal protection of the rights and interests of a child in all cases of restriction of custody rights, which would be in the best interests of a child. The article consists of two parts. The first part discusses the types of restriction of custody rights and the problems of their legal limitation, while the second part analyses the impact of restriction of custody rights on ensuring the rights and interests of a child.

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