Foreign experience of legal regulation of administrative and judicial procedures related to compulsory medical intervention

2019 ◽  
Author(s):  
Андрей Соловьёв ◽  
Andrey Solovyev
Keyword(s):  
Legal Regulation ◽  
Medical Intervention ◽  
Law Students ◽  
Medical Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
Theory Of Law ◽  
Judicial Procedures ◽  
Administrative Proceedings ◽  
Law Making

The publication is a comparative legal study of foreign experience in the implementation of administrative and judicial procedures related to with compulsory medical intervention, in a number of countries in Europe, the Americas, Asia, as well as Africa and Australia. The monograph deals with both General issues and features of legal regulation of these procedures in certain foreign countries. It is intended for researchers, teachers, postgraduates, undergraduates and law students specializing in the theory of law and the state, constitutional, administrative, medical law, as well as issues of administrative proceedings. It can be useful for persons involved in law-making activities, judges, employees of the judicial system, lawyers, legal practitioners, medical professionals, as well as for anyone interested in this range of issues.

Fundamentals of legal regulation of administrative and judicial procedures related to compulsory medical intervention: the experience of foreign countries

2019 ◽  
Vol 22 (6) ◽  
pp. 12
Author(s):  
R. E. Petrova ◽  
N. A. Sheyafetdinova ◽  
A. A. Solovyev ◽  
O. Yu. Rybakov ◽  
O. A. Globenko ◽  
...  
Keyword(s):  
Legal Regulation ◽  
Medical Intervention ◽  
Foreign Countries ◽  
Judicial Procedures

Latin American models of organization and functioning of the judicial community. The Argentine Republic and the United Mexican States

2020 ◽  
Author(s):  
Andrey Solov'ev
Keyword(s):  
Latin American ◽  
Law Students ◽  
Judicial System ◽  
Federal Judiciary ◽  
Foreign Countries ◽  
Argentine Republic ◽  
State And Local Government ◽  
State And Local ◽  
Theory Of Law ◽  
Law Making

In this publication, the author continues a comparative legal study of the problems of organization and functioning of the judicial community of foreign countries: the Argentine Republic (at the Federal level and at the level of Federal subjects), as well as the United Mexican States. The Appendix contains the author's translations of the current versions Of the law of the Argentine Republic "on the Council of magistracy" and title 6 "governing bodies of the judicial system of the Federation" of the Organic law of the United Mexican States "on the Federal judiciary". It is intended for researchers, teachers, postgraduates, undergraduates and law students who specialize in the theory of law and the state, constitutional, administrative, civil procedure law, as well as problems of the judiciary. It can also be useful for persons involved in law-making activities, judges, employees of the judicial system, lawyers, practicing lawyers, managers and employees of state and local government bodies, as well as for anyone interested in this range of issues.

Legal regulation of divorce: the experience of the United States of America

2019 ◽  
Author(s):  
Елизавета Розанова ◽  
Elizaveta Rozanova
Keyword(s):  
United States ◽  
United States Of America ◽  
Family Law ◽  
Comparative Law ◽  
The United States ◽  
Legal Regulation ◽  
Law Students ◽  
Foreign Countries ◽  
Law Making

The monograph is a study of the problems of legal regulation of divorce in the United States. Theoretical and legislative bases of legal regulation of divorce in the United States and some other foreign countries, as well as the main trends in the development of legal interpretations of the grounds, conditions and consequences of divorce in the United States are considered. It is intended for researchers, teachers, postgraduates, undergraduates and law students specializing in family law, as well as comparative law. It can be useful for persons involved in law-making activities, judges, employees of guardianship and guardianship authorities, registry offices, lawyers, notaries, other practicing lawyers, as well as for anyone interested in this range of issues.

Legal regulation of judicial regulation: experience of foreign States

2019 ◽  
Author(s):  
Андрей Соловьёв ◽  
Andrey Solovyev
Keyword(s):  
Latin America ◽  
Graduate Students ◽  
Legal Regulation ◽  
The State ◽  
Law Schools ◽  
Legal Study ◽  
Foreign Experience ◽  
Procedural Law ◽  
Foreign Countries ◽  
Theory Of Law

The publication is a comparative legal study of foreign experience in the legal regulation of the system of judicial regulation in some countries of Europe, North and Latin America, as well as Africa and Oceania. The monograph deals with the General problems of the organization of the Institute of judicial regulation in foreign countries, as well as certain procedural issues related to its implementation. Designed for researchers, teachers, graduate students, undergraduates and students of law schools specializing in the theory of law and the state, constitutional, administrative, civil procedural law, as well as issues of the judiciary.

Ethical boundaries of the legal regulation of conditions of carrying out genetic screening in prenatal diagnosis in Russia and abroad

2020 ◽  
Author(s):  
M.V. Medvedev , G.N. Suvorov , S.S. Zenin et all
Keyword(s):  
Prenatal Diagnosis ◽  
Great Britain ◽  
Legal System ◽  
Genetic Screening ◽  
Legal Status ◽  
Legal Regulation ◽  
Ethical Problems ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific

Objectives. The purpose of this study is to study the essence of ethical problems that arise in the field of genetic screening for prenatal diagnosis (PND) and determine possible ways to overcome them by legal means, taking into account the existing foreign experience. Materials and methods. Normative legal acts and doctrinal sources of Great Britain, Germany, Ireland, France and Switzerland are studied. Methods used: General philosophical, General scientific, private scientific, special (structural-legal, comparative-legal, formal-legal). Results. Ways to resolve ethical problems that arise or may arise in the future as a result of genetic screening for PND, which can be applied within the Russian legal system, are proposed. Conclusions. It is stated that most of the identified ethical problems are related to the lack of normative consolidation of the legal status of the fetus. It is presumed that the beginning of ethics should serve as the guide for legislation in this area. At the same time, it is emphasized that the legal regulation of genetic screening in PND should be flexible enough to optimally ensure the interests of all participants in these relationships. In addition, in this direction, it seems appropriate to refer to the experience of a number of foreign countries, whose legislation provides for fairly strict requirements in the field of PND.

Foreign experience in constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law

2021 ◽  
Vol 28 (2) ◽  
pp. 55-65
Author(s):  
Oleksandr M. Bukhanevych ◽  
Serhii O. Kuznichenko ◽  
Anastasiia M. Mernyk
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Well Being ◽  
Legal Regulation ◽  
Martial Law ◽  
Foreign Experience ◽  
Foreign Countries ◽  
General Scientific ◽  
The Individual ◽  
Exhaustive List

The study investigates the foreign experience of constitutional and legal regulation of restrictions on human rights in conditions of emergency and martial law in Macedonia, Armenia, Belarus, Moldova, Georgia, Latvia, Lithuania, Albania, Azerbaijan, which is relevantin modern conditions, based on the presence of local military conflicts, emergencies, or the possibility of their existence in many countries of the world. The purpose of this study was to analyse the text and content of the constitutions of foreign countries to clarify and explain the groundsfor restricting human and civil rights and freedoms in conditions of emergency and martial law. To achieve this purpose, the study employed a system of methods of scientific cognition, namely general scientific (analysis, synthesis), particular (comparative, quantitative and qualitative analysis, approximation), as well as special legal (formal legal, comparative legal) methods. The practical value of the study lies in the identification of four prevailing trends in the constitutions of foreign states to the procedure for determining the scope of restrictions on human rights under special regimes: 1) consolidation of an exhaustive list of rights and freedoms in the constitutions, which cannot be restricted during the period of emergency and martial law; 2) consolidation of an exhaustive list of rights and freedoms in the constitution, which can be restricted to protect human rights, the democratic structure of the state, public safety, the well-being of the population and morals; 3) combining the first two options for consolidating restrictions in the text of the constitutions; 4) consolidation of the possibility of limiting the rights and freedoms of the individual in the texts of constitutions by state authorities under special legal regimes in the interests of national security without specifying partiular rights and freedoms that may (or may not) be restricted

THE RIGHT TO LOCATE AND PROSPECTS OF ITS LEGAL REGULATION IN UKRAINIAN LEGISLATION

2017 ◽  
Author(s):  
Valeriy Aveskulov ◽  
◽  
Yuliia Deresh ◽  
Albina Romanchuk ◽  
◽  
...  
Keyword(s):  
Working Conditions ◽  
Legal Status ◽  
Protective Action ◽  
Legal Regulation ◽  
Economic Pressure ◽  
Foreign Experience ◽  
Labor Legislation ◽  
Foreign Countries ◽  
European Experience ◽  
The Right

This article is devoted to the study of the right to lockout, the legal status and procedure of which are not regulated in the labor legislation of Ukraine. The article considers the experience of foreign countries and options for legislative consolidation of the right to lockout. It is established that there are two types of lockout - defensive and offensive, the first of which acts as a reaction of the employer to the strike. The offensive does not require such a precondition as a workers' strike and is a means for the employer to impose its working conditions. Based on this, it was determined that most countries allow the employer to resort to such a measure if the lockout is defensive, but the procedure for its implementation contains a number of restrictions. The article analyzes the provisions of the European Social Charter, the Law of Ukraine "On the Procedure for Resolving Collective Labor Disputes (Conflicts)", the Draft Labor Code of Ukraine dated 04.12.2007 № 1108, the Draft Labor Code of Ukraine dated 27.12.2014 № 1658, the Draft Labor Code of Ukraine 08.11.2019 № 2410-1, Draft Labor Code of Ukraine dated 08.11.2019 № 2410, Draft Law on Strikes and Lockouts dated 27.12.2019 № 2682. The article considers the views of domestic scholars on the feasibility of enshrining in Ukrainian law the employer's right to lockout, some of which consider it appropriate to allow the right to lockout as a protective action of the employer in response to workers' strike, but with some restrictions. Other scholars advocate a direct ban, as such an employer's right may violate workers' right to strike. Based on the positions of scientists, foreign experience and analysis of numerous legislative attempts to determine the legal status and procedure of the right to lockout, a variant of its enshrinement in the labor legislation of Ukraine is proposed to balance the rights and interests of employees and employers and avoid economic pressure on employees. The authors consider it appropriate to consolidate the right to lockout if it is defensive, following the example of European experience.

scholarly journals INTRODUCTION OF THE INSTITUTION OF PREVIOUSLY EXPRESSED WISHES REGARDING MEDICAL INTERVENTIONS IN MEDICAL LAW OF UKRAINE: STATE AND PROSPECTS

2021 ◽  
Vol 1 (15) ◽  
pp. 58-65
Author(s):  
G.V. Puchkova ◽  
L.P. Bohutska
Keyword(s):  
Decision Making ◽  
Human Rights ◽  
Medical Care ◽  
Comparative Method ◽  
Legal Regulation ◽  
Medical Intervention ◽  
Decision Making Process ◽  
Medical Law ◽  
Human Right ◽  
The Right

The aim. The aim of the article is to study the implementation of the principle of autonomy in the medical law of Ukraine, to determine the compliance of the medical legislation of Ukraine with the specified principle in terms of the exercising of the human right to express wishes for the provision of medical care in the future in case if a patient cannot personally express such wishes. Materials and methods. The authors have studied the European standards and practice of the European Court of Human Rights regarding the right of a person to participate in the decision-making process on the provision of medical care, scientific works of specialists in the field of medical law, dedicated to the patient's right to informed consent to medical intervention, the right to refuse treatment and ethical standards of legal regulation of relations with the participation of patients using the formal-logical method, the method of structural analysis, comparative method and legal modeling. Results. The study has found that there are gaps in the normative regulation of the patient's right to participate in the decision-making process in the provision of medical care, which carries a potential danger of violating the right to respect for private and family life, guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms. Conclusions. It is proposed to eliminate these gaps by ratifying the Oviedo Convention by Ukraine, implementation of the institution of previously expressed wishes in the national legislation, determining the mechanism for drawing up, changing and revoking previously expressed medical directives, the designation an authorized person in case a patient is unable to independently express his or her own wishes for the provision of medical care taking into account the European experience, cultural characteristics of Ukrainian society, the state of functioning of the institutional and legal systems and the level of development of biology and medicine.

scholarly journals The Doctrine of Legal Regulation: Approaches to Understanding

2021 ◽  
pp. 65-72
Author(s):  
Tetiana Tarakhonych
Keyword(s):  
Law Enforcement ◽  
Public Relations ◽  
Scientific Knowledge ◽  
Legal Regulation ◽  
Legal Interpretation ◽  
Legal Doctrine ◽  
Close Cooperation ◽  
Theory Of Law ◽  
Definition Of ◽  
Law Making

The article describes the scientific approaches to understanding of the doctrine, the legal doctrine, and the legal regulation doctrine. The article states that the public relations’ reformation, the current needs of legal practice require fundamentally new approaches to legal doctrine not only as one of the sources of law, but also as an important component of the process of law-making, law enforcement and legal interpretation. The research focuses on the fact that the legal doctrine in general and the doctrine of legal regulation in particular belongs to a key position both in the general and theoretical legal science and in the science of industry direction. It is emphasized that theorists of law analyze the legal doctrine due to the application of the methodological potential of philosophy and theory of law through the prism of the interaction of legal doctrine and the doctrine of legal regulation. The author provides the definition of the legal regulation’s doctrine as a component of legal doctrine based on previous knowledge and is the result of fundamental scientific research, a set of scientific ideas, views, concepts, theories recognized by the scientific community, that can be applied in law-making, law-enforcement and legal interpretation activities. The important attention is paid to the peculiarities of the legal regulation’s doctrine. It is aimed at a certain object of knowledge; is a certain set of ideas, views, principles of scientific knowledge, concepts, theories, etc.; requires a set of generalizations; is formed under the influence of needs and social interests; has a communicative, informational orientation; is in close cooperation with law-making, law-enforcement and legal interpretation activities; has a certain structure, cognitive and strong-willed components, is formed in society and the state by generalization of scientific knowledge, etc. The research defines the factors that influence the formation and development of the doctrine of legal regulation. They are divided into factors of both objective and subjective nature. The particular attention is paid to the main functions of the doctrine of legal regulation, namely: cognitive, informational, prognostic, communication, etc.

Legal Regulation of the Non-Entrepreneurial Legal Entities’ Status: Foreign Experience

2019 ◽  
Vol 9 (5) ◽  
pp. 1806
Author(s):  
Alla V. ZELISKO ◽  
Olga I. ZOZULIAK ◽  
Liliana V. SISHCHUK
Keyword(s):  
Comparative Method ◽  
Legal Regulation ◽  
International Experience ◽  
Practical Significance ◽  
Positive Experience ◽  
University Teachers ◽  
Foreign Experience ◽  
Foreign Countries ◽  
The University ◽  
Legal Entities

The relevance of the study is due to the fact that the implementation of the task of improving private-law regulation of relations with the participation of non-entrepreneurial legal entities is possible only on the basis of the international experience of the operation of the legal institute. In this context, this article aims to analyze the positive experience of regulating non-entrepreneurial legal entities under the legislation of leading foreign countries. Leading approach to the study of this problem is the comparative method that has afforded revealing peculiarities of regulation of legal entities under consideration within Ukraine and foreign countries. In the article the suggestions for improving the legislation of Ukraine are presented on the basis of foreign experience. The materials of the paper imply the practical significance for the university teachers of the legal specializations.

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