Socrates. 2021, 2 (20)
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Item Notion of Patient Duties(Rīga Stradiņš University, 2021) Mazure, Līga; Rezekne Academy of Tehnologies and Rīga Stradiņš University, LatviaA trend is emerging in the Latvian legal system to refer to patient duties more and more, thus consolidating the idea of patient duties. Deficiencies are found, however, in the interpretation of the idea of patient duties, which lacks consistent distinction from related notions. Nowadays, not only is the attention to patient duties in the medical treatment relationship growing, but changes are also taking place which are directed at expanding the interpretation of patient duties, creating groundwork for new patient duties in medical treatment. The aim of the research is to analyse the notion of patient duties, find deficiencies in its interpretation and propose specific solutions to improve the definition of patient duties. The following primary research methods have been used in the study: analytical, systemic, teleological. The research results include an interpretation of the definition of patient duties, distinguishing it from related notions and analysing the trend of expanding the interpretation of patient duties. Based on this interpretation, a proposal is made for improvement of the laws and regulations.Item Problems of Recognition of Foreign Judgments and res judicata in European Union(Rīga Stradiņš University, 2021) Kirkutis, Mykolas; Višinskis, Vigintas; Private law institute, Mykolas Romeris University, LithuaniaThe article examines the problematic aspects of recognition and enforcement of foreign judgments in the European Union in relation to the application of the public policy clause. Analysis of the content of public order also constitutes part of the article. It focuses on the EU law instruments which provide unequal conditions for non-recognition of foreign judgments. The authors discuss if inclusion in the CJEU of the limits on the interpretation of the public order clause is a sufficient guarantee to ensure proper application of the public order clause. Moreover, the authors analyse the principle of res judicata according the EU law.Item Contradicting Narratives on the Spirit of the Laws: Cognitive Discourse Analysis on Narratives in China and Central and Eastern Europe(Rīga Stradiņš University, 2021) Daugulis, Mārtiņš; Bukovskis, Kārlis; Rīga Stradiņš University, Latvia; Johns Hopkins University SAIS, United States of AmericaThe aim of the research is to deconstruct communicative narratives within speeches of China’s President Xi Jinping thus identifying notions for common ground in cooperation with the European Union, as well as notions that contradicts the spirit of law of Europe. The scope of research materials includes speeches of Xi Jinping addressed in a particular format – cooperation platform with Central and Eastern European countries “17 + 1”. This cooperation platform has been chosen as a discourse frame because of its rich content (China addresses 17 countries with various themes and focuses of importance). Research method utilised is cognitive discourse analysis (CODA) which focuses on those properties of discourse that are accounted for in terms of cognitive concepts. CODA allows to identify models of perceptions how cooperation and attitude toward common agreements should be formed. Several communicative narratives were identified that directly contradicts to common sense of Europe how cooperation and agreements should be maintained. Most important to mention are: 1) narrative of visible hand – as a counter argument on liberal economics – ability to interrupt free market at any situation; 2) narrative of silver bullet – a twin narrative of visible hand only in domain of political decisions; it includes an assumption that effective cooperation with China as a leader within community implies quick solutions to any decision-making problems via political intervention in business; 3) narrative of inclusive globalisation – includes expectation from all partners to respect deviations from democratic norms and western liberal values.Item Problematic of Defining the Concept of the Beneficial Owner in Capital Companies, Associations and Foundations(Rīga Stradiņš University, 2021) Bukēviča, Diāna; Register of Enterprises of the Republic of LatviaThis study is focused on the problematic of defining beneficial owners in three types of legal persons: capital companies, associations and foundations. In this regard, the issue of determining beneficial owners of foreign merchants through their branches and representative offices is also examined. The aim of this study is to provide well-reasoned arguments for necessitating a more solid elaboration of legal framework on the beneficial owners in Latvia. In order to achieve this aim, doctrinal methodology is applied by analysing legal norms on the definitions of beneficial owners of different legal subjects. Furthermore, the case study method is used to examine the state practice on registering beneficial owners. Additionally, analytical method and case-law method are also used to support the arguments. The findings of this study demonstrate that public register frequently contains information on beneficial owners which is not entirely accurate and the inconsistent interpretation of the rules on defining the concept of the beneficial owner is due to their incompleteness and rather general nature.Item International Cooperation Between Ukraine and Latvia in the Area of Justice (Executive Branch of Power)(Rīga Stradiņš University, 2021) Agapova, Olena; National Scientific Centre “Hon. Prof. M. S. Bokarius Forensic Science Institute”, UkraineImplementation of the Association Agreement between Ukraine and the European Union has opened additional opportunities for establishing bilateral cooperation between bodies, institutions and organisations in the field of justice. The article examines the structure and management system of the Ministries of Justice of Ukraine and Latvia. In the course of a detailed analysis of the institutional structure and functional purpose, it was established that the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia have similar activities and management systems, typical for many European countries. Ukraine’s European integration aspirations, reflected in its commitments under the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other, demonstrate Ukraine’s serious intentions to change its approach to justice. It is established that in the direction of the development of cooperation in the field of justice between Ukraine and Latvia fruitful cooperation is established, which is reflected in the Memorandum of Understanding between the Ministry of Justice of Ukraine and the Ministry of Justice of the Republic of Latvia.Item China’s Voting Practice at the UN Security Council, Its Legal and Political Interpretation: Case of Syria(Rīga Stradiņš University, 2021) Reire, Gunda; Centre for International Studies, LatviaThis article examines intersection of three contemporary issues that occupy academic thought intensively: China’s global politics, its changing voting practice at the United Nations Security Council (UNSC), and the international response to the civil war in Syria. The aim of the article is to provide quantitative and qualitative analysis of China’s voting practice in the UNSC regarding the civil war in Syria, to outline a legal and political interpretation of its voting patterns and to conceptualise China’s politics in the UNSC regarding this issue. The article argues that reasons behind China’s rapidly growing use of the veto in the UNSC regarding Syria are vaguely related to the case of Syria itself, but directly reflect the primacy of China’s domestic politics and its strategic aspirations to reshape global governance. Growing concern within the international community about the human rights abuses taking place on a mass scale against Uighurs in Xinjiang is the most prominent catalyst that enables and provokes China’s systemic reaction. Therefore, although China has neither geopolitical nor strategic interests in Syria, Syria’s case serves as a battleground for China’s attempts to transform the collectively accepted interpretation of multilateralism, democratic values, and norms. This aspect underlines the necessity to observe China’s politics from the perspective of social constructivism. Methodologically, this article draws on political discourse analysis theory, examines China’s arguments in the UNSC and argues that China’s voting behaviour in the UNSC regarding Syria focused on reinterpretation of two grand concepts of international law: state sovereignty and non-interference.Item Problems of New and Interim Financing in Restructuring Proceedings(Rīga Stradiņš University, 2021) Balsiukienė, Audronė; Jokubauskas, Remigijus; The Court of Appeal of Lithuania; Mykolas Romeris University, Faculty of Law, LithuaniaThis article focuses on problems of new and interim financing in restructuring proceedings. It discusses the needs for additional financing in restructuring proceedings and how it should be granted. Also, the authors analyse the regulation and protection of interim and new financing in the European Union law. The authors argue that though Directive on restructuring and insolvency aims to increase effectiveness of restructuring proceedings, the regulation of interim and new financing triggers questions whether it is compatible with the goals of restructuring proceedings.Item Comparison of Emergency State Regulation Experiences in Latvia, France and Belgium(Rīga Stradiņš University, 2021) Bērziņa, Ieva; Jeancourt-Galignani, Coline; Smiltene County Council, Smiltene Municipality, Latvia; Université Paris 1 Panthéon-Sorbonne, FranceThe article analyses the legal framework of emergency state in three countries – Latvia, France and Belgium. The aim of the study is to identify problems thus to improve the national legal framework. Given that the concept of emergency state has gained its relevance in 2020 with the spread of the Covid-19 disease, it has been found that the Emergency State Institute and its legal framework is an important part of every country’s national legal system, as it is a mechanism that helps to strengthen national security in case of external and internal dangers. Analysis of the legal framework of emergency state in Latvia in the context of the selected legal framework of two other countries is an effective way to assess whether the national legal framework requires improvements. In the research such methods were used as cognition, monographic, historical, comparative and analytical method, as well as interpretation of legal provisions recognized in scientific law, which contributed to understanding of the scope of legal norms in national constitutions and other related legislation in the context of the topic. In the result of the study differences in national basic laws and special laws were mainly identified, including the aspect of restriction of human rights, thus contributing to reflection and drawing conclusions on the necessary changes to the national framework. Research also outlines functioning and competence of municipality work in an emergency state.Item Pētījumi tiesību zinātnē un starpdisciplinaritāte: īss ieskats pamatjautājumos(Rīga Stradiņš University, 2021) Ratniece, Laura; Rīgas Juridiskā augstskola, LatvijaEven though interdisciplinarity in legal research is not a novelty anymore, it is not yet that widespread in Latvia. In order to initiate a discussion about using interdisciplinarity in legal research, the author suggests that it is necessary to start by looking at key issues related to interdisciplinarity in law; the main issue being what is interdisciplinary legal research.Item PSD1 from Perspective of ECJ(Rīga Stradiņš University, 2021) Bože, Anete; Rīga Stradiņš University, Faculty of Law, LatviaDirective 2007/64/EC (known also as Payment Service Directive 1 – PSD1) and Directive (EU) 2015/2366 (known also as Payment Service Directive 2 – PSD2) both regulate payment services in the EU. PSD1 is no longer in force and it was replaced with PSD2 that provides the basis for a better integrated EU payments market, opens up a market for new types of payment services, allows to use new technologies to provide these services etc. The European Court of Justice (ECJ) has made some significant rulings that helped to understand some concepts from the PSD1 and PSD2 more clearly. In this article, the author gives reviews of the rulings of the ECJ that are related to payment services, PSD1 and gives her own opinion on the possible impact of the respective rulings. The article was based on methods of general scientific research and interpretation of legal norms and analysis of the case-law of the ECJ. The aim of this article is to review some of the ECJ judgments related to payment services and PSD1.Item Legal Challenges of Teleworking in Latvia(Rīga Stradiņš University, 2021) Urbāne, Marta; Dovladbekova, Inna; Berķe-Berga, Anželika; Rīga Stradiņš University, Faculty of European studies, LatviaDue to technological developments and entry of new generations into the labor market, teleworking is rapidly becoming more widely used as a form of employment. The Covid-19 crisis has increased its relevance over the past year. In the Latvian regulatory framework, this has been defined recently, including the definition of telework in the Labour Protection Law. Given that companies have had to adapt to the organisation of telework relatively quickly, in practice there are legal obstacles to effective implementation of sustainable telework. The aim of the article is to reveal the most significant legal obstacles to implementation of efficient and sustainable telework in Latvia, considering experience of other countries. Both national and international legislation have been used in the study to achieve the set goal. Descriptive, analysis, induction and deduction methods have been used in the development of the article. The results showed that there are uncertainties about application of the law in Latvia in the context of telework to the employee’s right to disconnect from digital devices. The authors also found that planned changes to the Labour Law regarding telework do not create legal certainty in employment relations in emergency situations, such as the Covid-19 crisis. The authors also suggest including the right to disconnect in the Latvian regulation, to secure employees’ rights to privacy and secure and healthy work environment.Item Sodītas personas kā valsts stigmatizēta grupa Satversmes tiesas judikatūrā(Rīga Stradiņš University, 2021) Osipova, Sanita; Latvijas UniversitāteThe research aims to analyse the case law of the Constitutional Court in respect to restrictions on the fundamental rights of convicted individuals in correlation with society’s views of convicts. To do so, along with the methods of legal science, i.e., analysis of legal provisions and case law, the research uses sociological concepts, methods, and sources. The fundamental rights of an individual require that the State protects every individual’s human dignity in equal measure. However, even modern-day society still stigmatises particular groups of individuals, restricting their rights without good reason. The case law of the Constitutional Court of Latvia marks convicted individuals as a stigmatised group with limited rights. In the cases analysed in the research, not even the minimum standards of fundamental rights protecting personal privacy were applied to persons serving a sentence for serious offences, with no individual assessment provided for, because society’s opinion, among other things, denies prisoners such fundamental rights. Furthermore, a part of the convicted individuals suffers a life-long stigma as they keep being restricted in their rights – e.g., rights to employment or to family life – even after the conviction has been expunged. The State has to realise if it limits possibilities for convicted individuals to lead a legitimate life enjoying full rights, probability of repeated offences by such individuals will be higher. By unreasonably restricting inclusion of convicted individuals in its life, society endangers rather than protects itself.Item Piespiedu ārstēšana kā valsts pārvaldes uzdevums jeb kas ir kopīgs tifozajai Mērijai un Trakajam Ludvigam(Rīga Stradiņš University, 2021) Loseviča, Marina; Bundža, Oskars; Kudeikina, Inga; Latvijas Universitāte, Medicīnas fakultāte, Latvija; SIA “Cēsu klīnika”, Garīgās veselības centrs, Latvija; Rīgas Stradiņa universitāte, Juridiskā fakultāte, LatvijaThe article concerns involuntary treatment of infectious and mental diseases. Development of the legal regulation since the 19th century has been described here. Quality of the existing legal regulation has also been evaluated. Issues of involuntary psychiatric treatment have been analysed and demonstrated by the international case-law and state court practice. Significant differences between legislation in mental and infectious diseases has been detected, as well as differences have been traced between legal standards in the area of involuntary placement and involuntary treatment of mental disorders in Latvia and other countries. It has been concluded that involuntary psychiatric treatment, in line with epidemiological safety, is a task of public governance in the area of domestic security and safeguarding of human rights and it has to be reinforced by governmental authority. Thus, proposal of elaboration of the corresponding law has been made.Item Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās(Rīga Stradiņš University, 2021) Šāberte, Laura; Tarasova, Dace; Palkova, Karina; Rīgas Stradiņa universitāte, Juridiskā fakultāte, LatvijaThe rights of medical practitioners are broadly defined in both national and international legislation. The scope of the rights of medical practitioners is evolving along with the development of certain sub-sectors of the field of law. One of the topical issues in the context of the exercise of the rights of medical practitioners is the right of medical practitioners to express their religious beliefs from the Labor law perspective. The right of medical practitioners to freedom of religion is to be seen as part of human rights as well. Member States that have acceded to human rights instruments that protect the right to freedom of religion do not have the right to intervene and take coercive measures to change these views. The right to freedom of religion at the level of human rights applies to a medical practitioner as an individual living in a democratic society and as a person with a medical education who is engaged in medical treatment or prevention, diagnosis and treatment, medical rehabilitation and patient care has rights and obligations within the framework of the activity. The aim of the article is to study the right of medical practitioners to express their religious beliefs in employment relations, as well as to identify problematic issues researching the case law of the CJEU and the ECtHR.Item Bezpilota gaisa kuģu (dronu) izmantošanas tiesiskie aspekti(Rīga Stradiņš University, 2021) Vitkovskis, Māris; Valsts Policijas koledža, Tiesību zinātņu katedra, LatvijaIn today’s technology world, development of unmanned aircrafts is happening very rapidly, and the laws and regulations governing this specific area are constantly supplemented at both – level of European Union and nation-wide. They are aimed at incorporating unmanned aircrafts in air traffic, to comply safety, security, and privacy requirements, and not to pose any risks to the environment. Opportunities of using this technical mean are versatile and it can be a good assistant in various areas. Unmanned aircrafts are widely used by the civil sector and the military sector and, in the recent years, these specific means have been used by rescue services and security institutions. Unfortunately, it should be admitted that unmanned aircrafts are also used in terrorist and other criminal activities, so it is essential to control the flight environment by preventing unauthorised flights for ensuring general safety. The responsible institutions also have been working in this direction. Until July 1st, 2021, in the current Cabinet Regulation No 368 “Regulations for Performing Flights of Unmanned Aircrafts and Other Types of Aircrafts”, there was found a term “state unmanned aircraft”, which regulated the areas in which state unmanned aircrafts can be used, for example, in investigation and detection of criminal offences, but there was no further explanation in more detail. The Cabinet Regulations, which came into force on July 1st, 2021, explain in more detail the rights and obligations of pilots of state unmanned aircrafts. However, these regulations do not provide specific information on the use of unmanned aircrafts in measures of operational activities. Therefore, this issue is controversial and should be raised for updating.Item Whether Sports Liability is an Independent Type of Legal Liability(Rīga Stradiņš University, 2021) Zalcmane, Karina; Kameņecka-Usova, Marina; The EKA University of Applied Sciences (EKA), LatviaSport law as a highly developed complex branch of law regulates legal relations related to the subject of the different branches of law. Liability for violation of rights, non-performance or improper performance of duties is the basis of criminal, administrative, disciplinary and civil liability. However, there is another type of liability and sanctions provided for violation of sport rules. Nevertheless, no commonly accepted opinion has still been formed whether sports liability is a new type of legal liability or not. Therefore, the aim of the research paper, through general scientific methods (monographic method, analytical method, historical method, comparative method, induction deduction) and methods of interpreting legal norms (grammatical, historical, teleological and systemic methods) is to determine the concept and content of sport liability. To reach the proposed aim, the authors of the study have formulated the concept and signs of sports liability, determined the types of a sports offense, analysed non-standard cases that outside the sports industry would not be subject to any liability and have identified main types of sports sanctions.Item Application of Expedited Procedure in Context of Ensuring Principle of Inevitability of Punishment(Rīga Stradiņš University, 2021) Vēbers, Dainis; Rīga Stradiņš University, LatviaThe aim of the study is to analyse Latvia’s simplified forms of criminal proceedings, particularly the expedited procedure, possibilities for improving its application when evaluating ensuring the principle of inevitability of punishment. It has been concluded in the study that the Criminal Procedure Law provides for sufficiently effective simplified forms of criminal proceedings which allow for the rapid achievement of a fair settlement of criminal legal relations. Simultaneously, practical application of these simplified forms of criminal proceedings should be improved. It is particularly important to promote interinstitutional cooperation by ensuring common understanding of the investigator and the prosecutor, their willingness to work together. The Prosecution Office should take the initiative by creating standards for the application of simplified forms of criminal proceedings, i.e. at the stage of investigation and in their further direction. Effective application of the expedited procedure and other simplified forms of criminal proceedings serves to ensure the principle of inevitability of punishment, as well as to facilitate the exercise of the right to criminal proceedings within a reasonable time. The study looks at Latvia’s regulatory enactments and their application practices, legal literature, statistics of criminal proceedings. The study uses comparative, descriptive, deductive-inductive methods as well as methods for interpreting legislation.Item Pacienta tiesības saņemt pārrobežu veselības aprūpes pakalpojumu, ja pacienta piederības dalībvalstī ir pieejama efektīva stacionārā ārstēšana, taču izmantotā ārstēšanas metode neatbilst pacienta reliģiskajai pārliecībai(Rīga Stradiņš University, 2021) Šāberte, Laura; Rīgas Stradiņa universitāte, Juridiskā fakultāte, LatvijaIn October 29th, 2020, the Court of Justice of the European Union delivered a judgment in case A. vs Ministry of Health, No C-243/19. The Court in the judgment analysed significant legal issues relevant to Latvia. Therefore, the aim of the article is to analyse the main proceedings about the patient’s right to cross-border healthcare when effective hospital treatment is available in the patient’s Member State but the method of treatment used is against the patient’s religious beliefs. The article also aims to analyse whether the principle of objective investigation and prohibition of legal obstruction by institutions and courts in accordance with Administrative Procedure Law have been obeyed. In the article, European Union and national legal framework and scientific literature in the field of patient’s right to receive cross-border healthcare have been analysed. Facts of main proceedings in national court cases and request to Court of Justice of the European Union for preliminary ruling from the Senate of the Supreme Court of the Republic of Latvia have been studied as well. Next, the Advocate General Gerard Hogan’s opinion and judgment of the Court of Justice of the European Union has been analysed. Further, the judgement of the Senate of the Supreme Court of the Republic of Latvia has been investigated. Upon concluding the article, the author draws attention to certain issues of national court’s legal analysis, which could be incompatible with the principle of objective investigation and prohibition of legal obstruction by institutions and courts.Item Comparative Study on Frequency of Various Papillary Pattern Types in Estonian Men and Women(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, LatviaThe authors of the article conducted a comparative study to determine the incidence frequency of various papillary patterns in men and women. In the framework of this study, the authors collected and performed analysis on data published in the subject literature. Comparative analysis was performed to check for potential similarities and differences in papillary patterns, types, and groups in men and women, using data on the patterns in both hands. This article presents the results of the study.Item Detecting Asset Misappropriation: Forensic Accounting(Rīga Stradiņš University, 2021) Liodorova, Jūlija; Barkauskas, Marius; Šneidere, Ruta; State Police of Latvia Economic Crime Enforcement Department; Forensic Science Centre of Lithuania Economic Expertise Division; Faculty of Business, Management and Economics of University of LatviaThe main task of the investigation of asset misappropriation is the correct classification of a crime: identification of the fact of misappropriation and determination of the amount of misappropriated assets. Specificity of asset diversity, asset accounting requirements, and a wide range of misappropriation opportunities require specialised knowledge in accounting and economics that investigators often lack. The aim of the study is to increase the knowledge of investigators in forensic accounting in order to increase effectiveness of investigations in detecting asset misappropriation. In this article, the authors, Latvian and Lithuanian accounting experts, talk about typologies of asset misappropriation and ways to detect misappropriation. The authors have compiled a list of red flags for misappropriation of assets and proposed an algorithm for determining the shortage or surplus of assets using forensic accounting methods. Research methods include: qualitative and quantitative methods of economic science, analysis of international standards and scientific literature, and graphical analysis.