Socrates. 2021, 3 (21)
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Item Court’s Ability to Assess Evidence Obtained During Operational Activities(Rīga Stradiņš University, 2021) Klāviņa, Gerda; Zanders, Ansis; Talsi District of Kurzeme Regional Administration of State Police, Latvia; Ventspils District of Kurzeme Regional Administration of State Police, LatviaThe article discusses the court’s ability to assess information of evidence obtained during operational activities. It addresses only the cases where a person is found guilty of a criminal offence and criminal punishment has been imposed by a court judgment, without considering cases where the punishment has been determined by the public prosecutor when drawing up a penal order. The aim of the study is to examine the possibilities of the court to assess information of evidence about facts obtained in operational activities, to identify legal and practical issues for the court’s ability to assess such information, as well as to propose solutions. Material and methods used in the preparation of the article include analysis and description of regulatory enactments, court judgments, comparative and logical method. These materials and methods help to achieve the goal of the research. Analysing normative acts and court judgments, describing normative acts and court judgments in the article, analysis and description of normative acts and court judgments have been used for the compositon of the research. The comparative method has been used to compare provisions of regulatory enactments, while the logical method has been used to draw conclusions. Methods of interpretation of legal norms – grammatical, systemic and teleological method – have also been used in the composition of the study.Item Term ‘Household’ in the Latvian Legal Framework(Rīga Stradiņš University, 2021) Rozentāle, Lidija; Rīga Stradiņš University, LatviaOriginality / value – the content of this article – is based on the author’s own original research. The study presents empirically tested arguments, interpretation of the term ‘household’ in the Latvian regulatory enactments. At a time when a state of emergency has been declared in the country, in such circumstances there is neither precise normative terminology, nor criteria for defining household. Those applying legislation have no uniform understanding as to whether a relationship established in a partnership can be viewed as household. This issue requires further research and discussion. The aim of the publication is to reveal some legal issues that directly affect couples living in a household.Item Problems of Police Activity in Ensuring Public Order and Public Safety(Rīga Stradiņš University, 2021) Matvejevs, Aleksandrs; Faculty of Social Sciences, Department of Law, Daugavpils University, LatviaThe article addresses the issues concerning public order and public security. These two are the objects of the state administration that form separate legal institutes. The duties of the police include securing the rule of law, maintaining public order and security, preventing, detecting and investigating crimes. The police ensure safety of people and environment and prevent all violations of the law and disturbances by eliminating and investigating all such incidents. The tasks of the police are defined in the Police Act. The police cooperate with other authorities and local residents and communities in maintaining security.Item Contract for Work (locatio conductio operis) of Transportation and Rustic Praedial Servitude of Way (servitus viae) as Roman Law Institutions for Needs of Rural Logistics(Rīga Stradiņš University, 2021) Apsītis, Allars; Tarasova, Dace; Dinsberga, Jolanta; Joksts, Jānis; Rīga Stradiņš University, LatviaThe article deals with the results of the authors’ research performed on original sources of Roman Law with reference to legal constructions concerning various types of logistics challenges related to agricultural production and residence in rural areas. Provision of transportation services was regulated by means of a contract for work (locatio conductio operis) – an agreement according to which a contractor / employee as a lessee (conductor, redemptor operis) had obligations to fulfil services or certain work on or from the material supplied by the commissioning party / employer / lessor (locator). An agreement on transportation of goods or passengers was also considered to be a contract for work. A smart answer to infrastructure challenges was the so-called rustic praedial servitudes (servitutes praediorum rusticorum), including a servitude of way / road (via), which granted the owner of a parcel of land non-adjacent to a public road (via publica) the right to use the road over a parcel of land belonging to another owner, thus gaining access to the public road. The legal framework of a Roman contract for work of transportation and the rustic praedial servitude of way / road must be recognised as a rather effective solution for challenges of rural logistics at the time.Item Socrates. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law. 2021, 3 (21)(Rīga Stradiņš University, 2021) Rīga Stradiņš University, Faculty of Law, Latvia; Rīgas Stradiņa universitāte, Juridiskā fakultāte, LatvijaItem Digital Marketing: Problems of Internet Pharmacies Legal Regulation(Rīga Stradiņš University, 2021) Pashkov, Vitalii; Soloviov, Oleksii; Harkusha, Andrii; Department of Civil, Commercial and Environmental Law, Poltava Law Institute, Ukraine; Laboratory for the Study of National Security Problems in the Field of Public Health, Ukraine; National Security and Defense Council of UkraineDigitalisation of pharmaceutical activities is creating a new type of pharmaceutical market, a more flexible and less costly; yet it has become more dangerous for patients and the economic stability. The reason is the imperfection of the legal regulation and online sales of pharmaceutical products, in particular. It is necessary to clarify that digitalisation of pharmaceutical activities is not only about online sales of pharmaceutical products. It is also digital marketing, which includes promoting pharmaceutical products via the Internet, including advertising such products. Research shows that prescription drugs are sold to such patients by both illegal online pharmacies and legal ones. Most counterfeit medicines are sold through illegal online pharmacies. The purpose of the article is to draw attention to the need for legal support for the activities of Internet pharmacies using more efficient technologies, including limiting their activities. Carrying out the research, several scientific methods were used. The methods of system-structural analysis, induction and deduction were used at all stages of the research in the study of the legal regulation of the sale of medicines in various countries through Internet pharmacies, the practice of its use, the state of illegal behavior in this area, analytical materials and scientific sources. The formal-logical method was used to study regulatory acts and international documents, the comparative-legal method was used to perform comparative analysis of the legal regulation of Internet pharmacies’ activity, as well as the practice of its application in the countries of the European Union, the USA, Turkey, Ukraine, and some Arab states. It should be noted that in the EU member countries, due to single European economic and customs area and general regulation, the problems of Internet pharmacies are of the same nature. The content analysis method was implemented for studying journalistic materials and researching websites that offer distance selling, online ordering, and delivery of pharmaceutical products to a consumer in various ways.Item Latvijas Republikas Satversmes 4. panta pirmā teikuma “Valsts valoda Latvijas Republikā ir latviešu valoda” zinātnisko komentāru papildinājums(Rīga Stradiņš University, 2021) Balodis, Ringolds; Latvijas Universitāte, Juridiskā fakultāte, LatvijaThe Latvian language is an essential element of constitutional identity of the Republic of Latvia, without which the Latvian constitutional system and the system of Constitution cannot be imagined, as such. Since 2021, the Official Language Day on 15 October has been celebrated. According to the President of Latvia Egils Levits the Official Language Day may serve as another opportunity to spread awareness and promote the use of the Latvian language as one of the main constitutional values of our state and nation. The Official Language Day is a meaningful contribution to the future tradition of celebrating the official language across society. The current study focuses on the issue of the official language in Latvia and its importance from the perspective of constitutional law. The experience of the Republic of Latvia is divided into two periods. The first – covers the period 1918–1940, when it was interrupted by the Soviet occupation. Consequently, after the restoration of independence in 1990, the second period can be defined: 1990–currently. If during the pre-war period the Latvian language was only enshrined in law, during the second period the official language has been enshrined in the Constitution (Satversme). The official language of the Latvian Constitution is specified in Section 4. The given article is designed to supplement the scientific comments of Section 4, which was issued in 2014.Item Maksātnespējas process Covid-19 pandēmijas ēnā(Rīga Stradiņš University, 2021) Savickis, Valdis; Zvērināta advokāta J. Avotiņa birojs, Rīga, LatvijaThe author has set two main objectives researching the topic concerning the influence of the COVID-19 pandemic to the insolvency proceedings; the first one being identification how the scope of prohibitions and restrictions impact insolvency proceedings (in particular – legal entities), while the second concerns determining legal and financial instruments that have been implemented on national level, influencing solvency and insolvency proceedings policy during the emergency period. Using analytical and descriptive methods, normative acts and political planning documents have been studied. The historical method provides insight into evolution and development of regulatory frameworks. The comparative method has been applied by comparing the scope of legal and financial instruments on national level in the sphere of management and suppression of consequences of the spread of COVID-19 infection. Conducting the research, the author has aimed to establish specifics of crisis management legislation on both executive and parliamentary powers levels, and relationships with the specific legal framework in the field of insolvency proceedings. State, declaring the emergency state, invented scope of prohibitions and restrictions on the one hand, and promoted targeted financial and legal assistance on the other. The extent of bargaining was balanced with support mechanisms also in the sphere of insolvency of legal entities, highlighting clear and predictable insolvency policy. Targeted restrictions on prohibitions for creditors for submission of an application for insolvency proceedings of a legal person were synchronised with both periods of declaration of the emergency state. A more precise and extended regulation concerning submission of an application for insolvency proceedings of a legal person were invented after the second period of emergency state lasting until 1 March 2021. Scope of legal and financial instruments, invented on both pandemic periods (Year 2020 Fall and Autumn), in majority of cases were of the same nature, but with a different perspective of implementation and availability. In this particular segment of support mechanisms are evolutionary, inventing more flexible and accessible instruments of pandemic recovery funds.Item Forensic Expert Activity: Issues of Improving Effectiveness(Rīga Stradiņš University, 2021) Ovsiannykova, Inessa; National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”, UkraineImproving efficiency of forensic science nowadays is poorly understood and extremely relevant for administration of effective justice in Ukraine. To understand the goals that need to be achieved to obtain the desired result, first the existing problems that need to be addressed must be understood. Based on the previous analysis of the administrative legislation of Ukraine, scientific literature, as well as the practical experience of experts, the article considers the key problems in the field of forensic examination of theoretical, methodological, practical and administrative nature, which must be addressed to improve judicial efficiency in the country.Item May the Patient’s Will, Expressed by Means of Assistive Communication Technologies, be Admissible as Evidence in Court Proceedings?(Rīga Stradiņš University, 2021) Lytvynenko, Anatoliy A.; Baltic International Academy, Department of Legal Sciences, LatviaThe article is dedicated to hallmark the problem of accepting evidence of a patient’s will by a court in diverse proceedings, and it being communicated by non-classical means. Modern technologies allow patients to communicate utilizing various electrified appliances, in case the disabled person suffers from an ailment, or a health disorder affecting speech and mental abilities. Such appliances may truly enhance the patient’s quality of life; however, it is uncertain whether such patient may be found to be a competent witness, or the information reflecting their will obtained in a non-classical method may be found to be as convincing evidence by the court. Currently, there is very little judicial precedent dealing with obtaining evidence of the patient’s will by means of assistive communication technologies, though recent Italian legacy has shown such evidence may be accepted by the court, in case forensic-psychiatric examination approves adequacy of the cognitive abilities of the patient, rendering their will competent. Diverse legal systems render the question of patient’s competence differently, and the issue of accepting information as evidence obtained by means of assistive communication technologies will surely become more frequent in disputes relating to testament validity or determining the patient’s will to undergo or forego medical treatment. Such cases may be of high relevance in civil proceedings on withdrawal of life-supporting treatment, which will ultimately result in the patient’s demise.Item Current Issues of Construction Law(Rīga Stradiņš University, 2021) Bramanis, Jānis; Načisčionis, Jānis; Riga Technical University, Latvia; “Turība” University, Faculty of Law, LatviaTheoretically, the construction right affects all persons and the humanity in general since a situation is impossible that would prove the lack of this process, and as the area of economics, also different economic, political and legal thought development processes regulate consolidation of this legal discipline in the legal science. Construction right has consolidated over time as a legal discipline with its regulating subject – construction works and designing, including also the development of construction plan – designing, construction of the object, reconstruction or dismantling.Item Challenge of Advocate’s Profession in the Age of Money Laundering, Terrorism Financing and Proliferation Evasion “Not to slip with a fragile burden!”(Rīga Stradiņš University, 2021) Joksta, Sandra; Joint Stock Company “Latvijas Gāze”, LatviaAbility to perform advocate’s duty is irrevocably linked to advocate’s immunity concept. The article provides an insight about the scope of advocate’s immunity concept in the age of money laundering. The purpose of it is to analyse the modern tendency to overstep the red lines guarding this concept, when applying legal enactments for money laundering evasion purposes. In the article, the judgment of 19 November 2020 in case “Klaus Mueller vs Germany” made by European Court of Human Rights, is analysed, where the issue of advocate’s immunity was considered in joint connection with the Clause 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The sometimes-exaggerated need for transparency at all costs conflicts with privacy protection aspects of individuals. Legislative enactments of money laundering and terrorism financing and proliferation evasion systemically contradicts Law of Advocacy and causes collision with other norms of higher legal rank such as fundamental rights enshrined in the European Convention on Human Rights to fair trial and justice and rights to choose an occupation and engage in work.Item Small States in the United Nations Security Council: Legal and Conceptual Aspects versus Practical Perspective(Rīga Stradiņš University, 2021) Reire, Gunda; Center for International Studies, LatviaThe article focuses on the prospects for work conducted by small states in the United Nations Security Council (UNSC) and examines two aspects which frame the work of small states in the UNSC – the legal aspect (institutional and procedural) and the conceptual aspect (the concept of small states), comparing them with the work and achievements of small states in praxis. The aim of the article is to provide qualitative and comparative analysis of small states’ work in the UNSC, to outline legal and political interpretation of their activities and to compare legal and conceptual framework with the practical perspective. The research is designed to be relevant for Latvia in the context of its candidature for a non-permanent seat of the UNSC at the elections in 2025, and it analyses cases of Lithuania’s and Estonia’s membership. The author of the article argues that despite the minimal role provided for the small states in the UNSC by international law and the theoretical concept, cases of Lithuania and Estonia show that the practical perspective proves a much higher capability, influence and ability of small states to profile themselves actively within the global agenda while at the same time remaining in the aforementioned legal and conceptual boundaries. This can happen under circumstances where there are minor systemic challengers, lack of triggers for security of small states, and overlapping of the international security agenda and their field of expertise.Item Role of the WTO in the Development of International Trade and Economic Sustainability(Rīga Stradiņš University, 2021) Abuseridze, Giga; Rīga Stradiņš University, Faculty of Law, LatviaIn the article, the role of the World Trade Organisation (WTO) in the development of international trade and economic sustainability has been analysed. The author explores specific challenges / factors that affect economic sustainability and fair trade as well as political economy of trade and negotiations as the tools of the WTO. It is argued that economic stability and the process of democratisation are essential to ensure international and fair trade. Under democracies those countries are implied where the rate of economic stability is high according to the principles established by international norms, i.e. where market economy, internal democracy, transparent trade system, human rights, trade neutrality, etc. are observed. Almost every country where these democratic norms are applied has trade partnerships with the others rather than conflicts. For international trade to occur it is essential to have a competitive market system in a country since competition is a characteristic feature of international trade that can be safeguarded through observation of democratic principles and political stability. Development of free trade by the WTO depends precisely on implementation of these fundamental principles. In view of the abovementioned factors, the article quite legitimately studies interconnection between the WTO and economic sustainability.Item Bureaucratic Policy and Legal Aspects of Societal Engagement in Latvian National Defense(Rīga Stradiņš University, 2021) Nikers, Olevs; Rīga Stradiņš University, Doctoral Programme “Political Science”, LatviaIn perfectly functioning democratic civil society, political decisions should be based on competence of elected officials and their knowledge of certain political issues where experts play an important role. The aim of this article is (1) to look at the role of elected officials (legislators) and public administration institutions in determining the governance of rule of law within defense policy in relation to engagement of the members of society in national defense, and (2) to analyse what factors affect sustainability of this policy and under what circumstances it transforms, and how this transformation is reflected in the public law. Methodologically theoretical / literature overview has been conducted, discussing the role of institutions in the political process and their interaction with legislator within the framework of new institutionalism. Empirically the case of Latvian defense policy towards societal engagement into national defense has been presented and analysed. An important aspect of the empirical study of this issue is interaction among the legislator, public administration institutions, non-governmental sector, and the public. Findings of this analysis leads to argument that Latvian ministry of defense plays a central role in sustainability and transformation of the national policy towards societal engagement into national defense. Legislator does not take necessary initiative in these policies, which is reflected in absence of needed amendments from the perspective of the public law, considering political ambition set by the Ministry of Defense of Latvia. Required political support of ministry’s political initiatives have been granted by the parliament, but as a consequence, this policy in its full extent is not currently properly reflected in the legal acts and regulations.Item Role of Forensic Historical and Archaeological Examination in Preserving Archaeological Heritage(Rīga Stradiņš University, 2021) Sylenok, Kateryna; National Scientific Center “Hon. Prof. M. S. Bokarius Forensic Science Institute”, UkraineThe article covers the topic of the possibility of conducting forensic historical and archaeological examination. The problems that arise when protecting archaeological monuments are relevant not only for Ukraine but also for many countries of the world. Preserving history is an important task for every civilized country. To ensure effective protection of historical heritage of Ukraine, it is necessary to have effective mechanisms to prevent and protect archaeological monuments against destruction and theft. Formation and development of forensic historical and archaeological examination is essential to improve Ukrainian legislation, including the field of forensic science. To effectively apply state policy on the issues of archaeological monuments preservation while pre-trial investigation of criminal offenses, it is necessary to make an active use of special knowledge in the field of historical and archaeological research. One of the peculiarities of forensic research is that it should be performed in compliance with appropriately approved expert methods, characterised by combining in itself the necessary requirements for research and being the basis for quality and speed for solving forensic examination tasks. In this regard, their study and development are significant in research and practice. The aim of the article is to study the role of forensic historical and archaeological examination in preservation of archaeological heritage. It analyses the respective literature and legislation of Ukraine dedicated to forensic examination, forensic historical and archaeological examination and international experience in the field of archaeology.Item Approbation of Results Obtained During Interview: Research of Possibilities for Exercising the Rights of Political Oppositions in Lithuanian Self-Government(Rīga Stradiņš University, 2021) Kaklys, Karolis; Kazimieras Simonavicius University, LithuaniaAnalysing the problematic aspects of the legal regulation of local self-government of the Republic of Lithuania related to the realisation of the rights provided for the minority (opposition) of the municipal council in the Law on Local Self-Government and other legal acts, the following empirical research was performed. During the research, the method of interviews was used in order to identify, as precisely as possible, the problems of the realisation of the rights of political minorities (opposition) in the whole Lithuanian municipality. It is the interview method that was chosen to ensure the interaction between the researcher and the respondent, which enables to obtain the widest and deepest possible information in identifying practical problems and also allows to collect the detailed data needed to solve the identified problems. The interview focused on the target group of respondents from many different Lithuanian municipalities who are fully acquainted with the practical aspects of the realisation of the minority rights of the council. All respondents are current or former opposition members of municipal councils. With the aim of maximising practical benefits, as many as thirty respondents were interviewed in this research.Item Compliance of Legal Regulation of the Republic of Lithuania with the EU Resolution on COVID-19 Vaccines(Rīga Stradiņš University, 2021) Statkienė, Erika; Šliažienė, Renata; Institute of Public Law of Mykolas Romeris University Klaipėda municipality, Lithuania; Lithuania Business University of applied sciences Klaipėda municipality, LithuaniaThe aim of this article is to evaluate compliance of the legal regulation of the Republic of Lithuania with the EU resolution on Covid-19 vaccines. The main goal is to investigate the government implemented extraordinary legal measures to control the pandemic situation in Lithuania by processing the goal of planned COVID-19 vaccination quantities and to evaluate their compliance with the EU resolution on COVID-19 vaccine. By using qualitative analysis of scientific literature and documents, statistical data analysis, comparative method of legal acts analysis, the purpose to identify the possible consequences of inadequate legal regulation implementation, affecting observance of human rights and fundamental freedoms, have been exceeded. The article aims to indicate whether there are any unreasonable, over excessive, legal measures in Lithuanian government decisions in trying to control the epidemic and distribution of vaccinations, by implementing legal restrictions against non-vaccinated people. Also, whether legal measures are objectively discriminatory and what the risks of such implementation are. The goal of the research is to indicate the main imposing restrictions, such as non-provision of services, accessing them and getting free health services, not limiting employees to continue their work without the vaccination certificate, not allowing customers in supermarkets or restaurants etc., which causes certain differences between social groups, allowing a reasonable doubt for discriminatory manifestations to be raised, therefore indicating the violation of human rights and fundamental freedoms in the process.Item Legislative Restrictions on Participation in Armed Conflicts in Latvia(Rīga Stradiņš University, 2021) Zahars, Vitolds; Upeniece, Vita; Daugavpils University, Latvia; Rīga Stradiņš University, LatviaRegulation of the Republic of Latvia ensures limitation of both illegal participation in armed conflicts and gaining unwanted military experience. The article analyses norms of the Criminal Law and the National Security Law which restrict the service in the armed forces of other countries and participation in the armed conflicts. These norms have been studied in connection with the norms of the Citizenship Law and the Law On Participation of Latvian National Armed Forces in International Operations. The purpose of the article is to propose the possible solutions to the identified problems, by analysing the stated regulation, in order to reduce the possible unintentional violation of the regulation by individuals. The historical, analytical, systemic and teleological methods have been used in the preparation of the article.