DSpace Collection:
https://dspace.rsu.lv/jspui/handle/123456789/8228
2024-03-29T05:29:22ZCOVID-19 Pandemic and Changes to Finland’s Legislation in Line with the WHO Guidelines
https://dspace.rsu.lv/jspui/handle/123456789/8312
Title: COVID-19 Pandemic and Changes to Finland’s Legislation in Line with the WHO Guidelines
Authors: Jilkine, Vladimir
Abstract: The 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.2022-01-01T00:00:00ZSearch for Persons in Latvia and Abroad
https://dspace.rsu.lv/jspui/handle/123456789/8308
Title: Search for Persons in Latvia and Abroad
Authors: Krutova, Ērika
Abstract: People 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.2022-01-01T00:00:00ZFreedom of Contract and Informed Consent as Part of Contract for Healthcare Services
https://dspace.rsu.lv/jspui/handle/123456789/8310
Title: Freedom of Contract and Informed Consent as Part of Contract for Healthcare Services
Authors: Lytvynenko, Anatoliy A.; Jurkeviča, Tatjana I.
Abstract: Relationships 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.2022-01-01T00:00:00ZPrinciples of Fulfilment of Patient Duties in Medical Treatment
https://dspace.rsu.lv/jspui/handle/123456789/8311
Title: Principles of Fulfilment of Patient Duties in Medical Treatment
Authors: Mazure, Līga
Abstract: Nowadays 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.2022-01-01T00:00:00Z