DSpace Community: Zinātnisko rakstu žurnāls "Socrates" ir recenzējams, starptautisks brīvpieejas elektroniskais žurnāls, veltīts pētījumiem tiesību zinātnes jomā Latvijā un ārvalstīs.
https://dspace.rsu.lv/jspui/handle/123456789/649
Zinātnisko rakstu žurnāls "Socrates" ir recenzējams, starptautisks brīvpieejas elektroniskais žurnāls, veltīts pētījumiem tiesību zinātnes jomā Latvijā un ārvalstīs.2024-02-23T21:37:34ZLegal Doctrine of Max Weber’s Sociology of Religion
https://dspace.rsu.lv/jspui/handle/123456789/9953
Title: Legal Doctrine of Max Weber’s Sociology of Religion
Authors: Zariņš, Kristaps
Abstract: Belatedly, this work is dedicated to prof. Max Weber’s (hereinafter – Weber) commemoration day of the centenary and focuses on the sociological understanding of the state and canon law. In order to better examine Weber’s views on the economic ethics of religion, human rights will also be examined in comparison – as a factor of interaction between opposites and sets of views – as they better identify Weber’s asceticism about the spirit of norm Protestantism. On the other hand, in a conventional discourse and a review of the theory of social stratification, through the so-called theory of degrees and directions of rejection, the essence of Weber’s idea will be best understood by examining how religion influenced formation of contemporary law and approach to contemporary law comparing it with the constitutional system of Latvia, among others. The article has been designed with a view that, by observing peculiarities of the era of Weber’s lifetime, the work would have a more modern character. Wherever in this study it is referred to purely legal dogmatic problems, the author has relied on the literature on the history of the church and law and to some extent on the past of the dogmas formed by it. Furthermore, the author mostly relies on materials obtained from Weber’s law sociological argumentation and comparative perspective, which serves to clarify the typology of the sociology of religion. To the extent possible, the author also delves into the primary sources of the history of law; due to their linguistically specific style of expression and peculiarities, in accordance with the objective to study Weber’s views on the socio-historical genesis of the state and canon law and their nature, which includes looking into canonical norms for the sociological understanding of law, textual identification of primary sources is not examined in more detail. However, the most important ideas expressed in Weber’s works are compared with those of other prominent representatives of this field. Therefore, in the part of normative analysis of law codification, the author focuses on analysis of the social environment of law and church law, instead of their general scope, and the work is mainly based on the ideas of the outstanding sociologist Weber and theses of the concepts created by him, preserving the style of thought expressed in Weber’s main text and means of expression. For those who are familiar with the most important works of canon law, including church law, the part of the material analysis of the norms could be new precisely from the point of view of this work, and the specifics of the analysis included, namely, this legal discipline is examined through Weber’s studies, works of other researchers and novelties about law as well as the place of sociology of religion found in these works.2022-01-01T00:00:00ZAspects of Contractual Relations in Healthcare
https://dspace.rsu.lv/jspui/handle/123456789/9951
Title: Aspects of Contractual Relations in Healthcare
Authors: Losevich, Marina; Laizāns, Aigars; Kudeikina, Inga
Abstract: The article aims to determine the scope and limitations of ethical duties and legal responsibilities of the medical practitioner within the professional-patient relationship (PPR), identify shortcomings of the legal framework and gaps in ethical principles, and propose solutions to them. It argues that in private law the healthcare shares many similarities with conractual law; therefore, the legal basis for physician-patient relationship is the special legal capacity of the contract parties and their free will, but ethical basis ‒ their good faith. One important finding is that physician right and obligation to refuse is an aspect of patient safety and quality of healthcare and has to be acknowledged by ethics and stipulated by law. In addition, it detects that medical professionals are ethically and legally vulnerable and need special protection. All this calls to carving out the proper place of medical practitioners’ professional autonomy and freedom in current legal regulation. Used materials include literature and scientific publications on clinical and research bioethics, contractual and medical law, regulatory enactments, court judgments. Methods used in the study include descriptive, analysis, synthesis, dogmatic, induction and deduction; legal interpretation methods such as grammatical and systemic.2022-01-01T00:00:00ZProblems of Solving Property Issues in Criminal Proceedings in Latvia
https://dspace.rsu.lv/jspui/handle/123456789/9952
Title: Problems of Solving Property Issues in Criminal Proceedings in Latvia
Authors: Sredņakova, Jekaterina; Sumbarova, Marina
Abstract: The need to achieve a fair settlement of criminal law relations in criminal proceedings quite often requires provision of a solution to property issues. Property issues affecting a person’s property, possession and unsufruct rights are also relevant within the framework of criminal proceedings. Property issues in criminal proceedings and related actions are regulated by the Criminal Procedure Law, to which the sixth section of the Law is devoted, entitled “Property issues in criminal proceedings”. Turning to the content chapter, it deals with property issues related to compensation for damage caused by criminal offences, disposition of property obtained by crime, institute for ensuring resolution of property issues, as well as procedural expenses and their reimbursement. The aim of the article is to research regulation of property issues in pre-trial investigations within the framework of the Criminal Procedure Law and in relation to other regulatory enactments and to evaluate application of the regulation established by law in practice and the problems related to application of the existing regulation. Within the framework of the research, such main methods were used as the analytical method and the comparative method. As the result of the research, an existing problem has been identified, suggestions and insights have been provided in the field of settlement of property issues.2022-01-01T00:00:00ZTopicalities in Coercive Measures Application Process to Legal Entities in Criminal Proceedings in the Republic of Latvia
https://dspace.rsu.lv/jspui/handle/123456789/9950
Title: Topicalities in Coercive Measures Application Process to Legal Entities in Criminal Proceedings in the Republic of Latvia
Authors: Jansons, Mārtiņš
Abstract: Under conditions of the Covid-19 pandemic and the military operations carried out by the Russian Federation in Ukraine, including the tension between the Western countries and the Russian Federation, the application of coercive means of influence to legal entities in criminal proceedings and peculiarities and problems of the criminal legal regulation related to their application, which hinder or even prevent, have become especially relevant to achieve the goal of the criminal process and lead it to a fair settlement of criminal legal relations. Criminal legal regulation regarding the application of coercive measures to legal entities is periodically improved in order to make the application of coercive measures more effective; however, shortcomings of the criminal legal framework still prevent effective action against legal entities by applying coercive measures to them in practice, as evidenced by the small number of initiated processes on the application of coercive measures for legal entities, which is also indicated by international organisations. The legislator has already started the process of improving the criminal legal framework; however, according to the author, there are a number of gaps in the criminal legal framework that hinder or even prevent application of means of coercive influence on legal entities in criminal proceedings. The purpose of the article is to research national and international criminal law regulation of legal entities criminal liability and identify and analyse problems of the criminal law regulation in the Republic of Latvia at various stages of the process of applying coercive measures to legal entities. General methods of scientific research and methods of legal interpretation have been used in the research.2022-01-01T00:00:00Z