Socrates. 2022, 1 (22)
Permanent URI for this collection
Browse
Browsing Socrates. 2022, 1 (22) by Title
Now showing 1 - 13 of 13
Results Per Page
Sort Options
Item COVID-19 Pandemic and Changes to Finland’s Legislation in Line with the WHO Guidelines(Rīga Stradiņš University, 2022) Jilkine, Vladimir; Law center, Helsinki, FinlandThe article analyses new legislative amendments in Finland, including an interim amendment to the Infectious Diseases Act, which aims to protect the life and health of clients and patients using social and medical services. The rapid spread of the number of cases of coronavirus infection in Finland, including the new Omicron strain, required urgent measures and new amendments to the legislation. Therefore, in the context of the overall fight against the coronavirus pandemic in the world, these provisions of the Finnish Constitution are a transition from the absolute priority of universally recognised norms of international law to the priority of the Basic Law, subject to the condition of the inadmissibility of guaranteed restriction of human rights. Finland’s desire to comply with the global integration processes in the context of persisting risks of the spread of coronavirus infection has led to digital harmonisation of legislation and legal norms in accordance with the principles of international law. The amendments to Finnish legislation were based on the enshrined provisions of the Constitution and the existing international legal framework, considering possibilities for responding to pandemic and transboundary emergencies in accordance with WHO guidelines.Item Directions for Improving Legal Support of Vocational Training of Forensic Experts in Ukraine(Rīga Stradiņš University, 2022) Kurdes, Oleg; National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”, UkraineCurrent Regulations on Central Expert Qualification Commission under the Ministry of Justice of Ukraine and certification of forensic experts establishing the procedure for conducting professional training of forensic experts have been analysed. Necessity of elaboration and adoption of a separate legal regulation that should regulate all components of professional training procedure of forensic experts has been proved. Directions of development of professional training system of forensic experts have been indicated: traditional system of training that consists of two parts: professional training in higher education and postgraduate education majoring in Forensic Science. A new type of structure of postgraduate education of forensic experts has been proposed that should consist of initial professional training, advanced training, retraining and specialised training. In order to adapt to new working conditions and accelerate professional training of experts, the need to introduce the institute of mentoring has been emphasised. Given the specifics of forensic science activities associated with psychological stress while forensic research, emphasis has been placed on psychological training introduction. The ways of reforming structure of subjects of administrative and legal support of professional training of forensic experts have been indicated.Item Erasure and Anonymisation of Personal Data in Context of General Data Protection Regulation(Rīga Stradiņš University, 2022) Ieviņa, Žaklīna; Rīga Stradiņš University, Faculty of Law, LatviaMany controllers have a desire to be able to continue using personal data instead of deleting them after the processing purpose has been fulfilled. The discussion regularly arises whether the erasure of personal data is required by the General Data Protection Regulation (GDPR) and whether it can also happen by anonymising the data. This article examines how the GDPR regulates the two terms of “erasure” and “anonymisation” as well as what requirements are demanded by using any of these in the personal data lifecycle. An obligation to delete personal data always requires personal data. In the case of anonymous data, erasure is not required and cannot be claimed. The question to be examined and discussed in the article is therefore: If personal data exist and there is a claim for erasure, can the obligation to erase be fulfilled by anonymising the personal data? Such question has not yet been addressed in the case law and has only been examined to a limited extent in the literature by different authors with no exact court ruling. Some authors state that the question can be answered in such a way that an obligation to delete can also be fulfilled by anonymising the data (Dierks & Roßnagel, 2021; Taeger & Gabel, 2021); meanwhile, others consider that anonymisation cannot be considered as data erasure. The answer to this question is important because it determines whether large data processors are allowed to keep data that they would have to delete and use in anonymised form for Big Data analysis or Artificial Intelligence applications that are an integral part of the world of technology.Item Forensic Psychology Expertise in Legislation and Case Law of Estonia: Based on Physiological Affect(Rīga Stradiņš University, 2022) Kaugia, Silvia; Auväärt, Lembit; Faculty of Law, University of Tartu, Department of Criminal Justice, Estonia; The founding member of the Tartu department of the Non-Profit Association Law. Psychology. Sociology, EstoniaExpertise is the study and solution of a professional issue or the expression of an opinion on it by an expert. In procedural law, expertise means examination of materials to establish factual information. Expert examination is performed by an expert and the research results are formalised in an expert report. Circumstances established in the course of expert examination, which have been fixed in accordance with the procedure prescribed by procedural law, are the evidence in the preliminary investigation and in court resolution procedures.Item Freedom of Contract and Informed Consent as Part of Contract for Healthcare Services(Rīga Stradiņš University, 2022) Lytvynenko, Anatoliy A.; Jurkeviča, Tatjana I.; Doctoral canditate, Baltic International Academy, Latvia; Postgraduate Certificate Research Methods, Law School, Robert Gordon University, Scotland, UK; Baltic International Academy, LatviaRelationships between patient and physician did not possess a clearly-established form until the late 19th century, being primarly based upon a reciprocal trust. In terms of contemporary civil law, relationship between the patient and the physician or a hospital is based upon a contract for medical services. Thus, liability of the physicians for negligence within exercising their duties is either based on contract (in case such contract is concluded by the parties), or on tort (when there is no such contract). This study discusses freedom of contract with the focus of the patient’s informed consent as a part for a contract for medical services between the patient and a physician or a hospital. The aim of this article is to discuss doctrinal views of patient-physician relationships and the informed consent as an inalienable part of a contract for medical services.Item Main Models of Realisation of the Right of Association in the Azerbaijan Republic(Rīga Stradiņš University, 2022) Ganberov, Dashqin; Baku State University, AzerbaijanEstablishment and development of civil society is possible under conditions ensured by a legal state. It indicates that legal state and civil society can also be viewed as the embodiment of human rights and freedoms and specifically the right to associate. This is explained by movement of various factors. Features of the historical and cultural development, democratic, political and legal traditions, specificity of the political and legal system, differences in the perception of law as the universal social regulator of public relations. Establishment and ultimately completion of establishment of the legal state is associated with maximum guarantee for human rights and freedoms, responsibility of the government before the citizens and the state, raising the credibility of law and strict observance to it by all state bodies, public organisations, communities and citizens as well as the effective functioning of the law-enforcement bodies. While analysing the current state and perspectives of the right to association in the Republic of Azerbaijan, it is necessary to evaluate the state of the civil society again.Item Mūsdienu reiderisma tiesiskais konteksts(Rīga Stradiņš University, 2022) Joksts, Jānis; Rīgas Stradiņa universitāteRaiderism typology is the classification of objects or phenomena according to certain common (type) features. The typology, as a method of cognition, helped the author to perform the analysis, revealing the quintessence or set of transactions of the respective raider as a transaction between legal entities, aimed at implementation of suspicious and illegal transactions with the intention of gaining self-interest. Within the essence of the raiderism typology, the author focused on the main features of that, which allows summarising the obtained research results, achieved and revealed the type of raiders found in Latvian conditions and which should be taken into account in the field of raiderism. The typology of modern raiders includes the possibility of the existence of several types, where there are 4 main types with mainly typological features.Item Principles of Fulfilment of Patient Duties in Medical Treatment(Rīga Stradiņš University, 2022) Mazure, Līga; Rezekne Academy of Technologies, Rīga Stradiņš University, LatviaNowadays contract law tends to be applied to the medical treatment contract. This causes the normative value of patient duties to grow, which is also consolidated in the legal system. However, the medical treatment relationship is special, and absolute transfer of the principles of contract law to the medical treatment contract is problematic. Uncertainties and clashes are observed when evaluating the interpretation of the principles of fulfilment of patient duties and the criteria for their application. The pacta sunt servanda principle which dominates in contractual law governing the fulfilment of patient duties is to be adapted, considering the specific features of the medical treatment relationship. The research aim is to analyse the principles of fulfilment of patient duties in medical treatment, find deficiencies in interpretation and application in respect of these principles and propose specific solutions for the improvement of the principles of fulfilment of patient duties. The following primary research methods were used in the study: analytical, systemic, teleological. The result of the study provides evaluation of the principles of fulfilment of patient duties, specifying the circle of persons related to patient duties when these duties are established and terminated, as well as the limits for the fulfilment of patient duties. Based on this evaluation, a proposal is put forward for the improvement of normative regulations.Item Regulation and Its Impact on Innovation in Healthcare: SAMD Case(Rīga Stradiņš University, 2022) Svempe, LīgaDigitalisation in healthcare can transform the industry, thus a new product development shall be supported and promoted by stakeholders. Healthcare is also a heavily regulated industry to ensure safety of the end-users – the patients. The aim of this article is to analyse regulation of software as a medical device (SAMD) in Europe in the light of recently introduced Regulation (EU) 2017/745 (MDR). The analysis starts with defining what SAMD is and how it is classified, as well as how the classification has changed according to the new regulation. As the new rules significantly change the classification for most of the SAMDs, their impact on the innovation process is explored from the perspective of the innovators and the market. Furthermore, the regulation of AI solutions in the medtech industry is also explored. The analysis also covers how the SAMD can launch updates to be compliant with the regulatory requirements. Several obstacles in the innovation process have been identified and explored.Item Right to Conscientious Objection to Military Services: International to National Perspective(Rīga Stradiņš University, 2022) Upeniece, Vita; Rīga Stradiņš University, LatviaThe international regulation (United Nations Universal Declaration of Human Rights) stipulates that everyone has the right to freedom of thought, conscience and religion and that this right includes freedom to change their religion or belief and freedom to manifest their religion or belief. The U.N. Human Rights Committee concluded that the right to conscientious objections could be derived from Article 18. Article 9 of the European Convention on Human Rights also extends to the cases of the opposition to military service. In Latvia the question of conscientious objection was regulated in the Alternative Service Law which expired in 2007 when the compulsory military service was completely abolished. Since then, the question about the conscientious objection to the military service has not been directly regulated in the national normative acts and has not also been raised in the courts of Latvia. In 2021, the Supreme Court of the Republic of Latvia heard the case about the refusal to be a reserve soldier and to perform service in the National Armed Forces’ reserve on the ground of the pacifist beliefs of the applicant. This case revealed the lack of legal tools in Latvian military service regulations to respect the human rights mentioned therein. The purpose of the article is to propose the possible solutions to the identified gaps in Latvian regulation by analysing the international and national regulation, other countries’ experience and judgments of the European Court of Human Rights. The historical, analytical, systemic and teleological method has been used in the preparation of article.Item Search for Persons in Latvia and Abroad(Rīga Stradiņš University, 2022) Krutova, Ērika; Police Law department, State Police CollegePeople disappear for different reasons: someone avoids legal proceedings or punishment, another one has been kidnapped or killed, lost, or someone else wants to start their life again elsewhere. The aim of this publication is to evaluate the procedure of search for persons, providing an insight into the legal basis for starting search at a national level and describing the conditions for search for persons outside the borders of Latvia. In order to implement the intended, the author evaluates national and international legal norms that affect the process of searching for persons, describes possible problems and provides recommendations for their solution. Incorrect understanding and application of legal norms creates violations of rights. Respect for the rule of law, on the other hand, is a precondition for respect for human dignity, freedom, democracy, equality, and human rights. In performing the set tasks, the author used analytical, comparative, descriptive methods. The study has led to conclusions that at a national level it is possible to initiate search for a person for various purposes within the framework of criminal proceedings, operational activities, administrative offence proceedings, and resoric test. However, the inclusion of data in the SIS is allowed only in the framework of criminal proceedings and operational activities. National regulations should provide for procedure for the implementation of Regulation 2018/1862 alerts for the purpose of “travel ban”. The imprecise legal provisions need to be improved to facilitate cooperation at a national and international level.Item Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law. 2022, 1 (22)(Rīga Stradiņš University, 2022) Rīga Stradiņš University, Faculty of Law, Latvia; Rīgas Stradiņa universitāte, Juridiskā fakultāte, LatvijaItem Valdes locekļa atbrīvošana no atbildības ar dalībnieka lēmumu(Rīga Stradiņš University, 2022) Ņikiforovs, Andrejs; SIA “AN Advisory”, LatvijaThe current legislation in force in the Republic of Latvia grants to any member of the board of any capital company wide powers to dispose of the company’s property. The duty to act with the care and diligence of a prudent and careful manager does not allow a CEO to act contrary to the company’s interest. However, if a member of the board has caused damage to the company, they may be released from liability by a lawful resolution of the shareholder. The current study analysed the standard of an honest and careful manager in accordance to Article 169 of the Commercial Law and the obligation to follow this pattern of conduct in order to avoid potential liability for losses. However, a member of the Management Board may also be released from liability if such a decision is taken by the shareholders in accordance with Article 173 of the Commercial Code. Although a decision may obviously release a Member of the Board, such a decision is not binding in all cases. Only if there is a belief that the board member has performed their duties in good faith, they can enjoy the immunity afforded by a decision of a shareholder.