scholarly journals On the Issue of Compensation for Property, Physical, Moral Damage When the State Prosecutor Refuses to Charge

2021 ◽  
Author(s):  
Natalia Aleksandrovna Zhumakanova
Keyword(s):  
The State ◽  
Moral Damage

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

scholarly journals Litigation of civil liability proceedings and its respective indemnification judgments against dental surgeons in the Court of Justice of the state of Paraná

RSBO ◽  
2021 ◽  
Vol 17 (2) ◽  
pp. 97-105
Author(s):  
Fernanda Tiboni ◽  
Izabele Baier ◽  
Hildegard Giostri ◽  
Wellington Zaitter ◽  
Eliene Imano Otta
Keyword(s):  
Health Professional ◽  
Civil Liability ◽  
The State ◽  
Professional Responsibility ◽  
Court Of Justice ◽  
Specific Responsibility ◽  
Moral Damage ◽  
Human Care ◽  
High Degree

The dental surgeon, which is a health professional, besides the responsibility common to all people as a citizen, also assumes a specific responsibility: to answer for the acts committed in the exercise of the profession. The so-called professional responsibility involves a fourfold framework: criminal, civil, administrative and ethical. With the greater access of the population to justice, it is not uncommon to know of a dental surgeon who is being fired by a patient and civilly responsible. In this sphere, the professional can be condemned due to his conduct during the treatment being classified as: Negligent, Imprudent and Malpractice. Conviction for any of these conducts, or even the combination of more than one of them conducts monetary reimbursement. These are the so-called material, moral and aesthetic indemnities. Objective: Observe how many processes were judged in the Court of Justice of the State of Paraná (TJPR) between 1995 and 2018 and to establish a default value for civil liability actions against dentists. Material and methods: We conducted a search on the TJPR website of all civil liability cases against dental surgeon tried in second instance between 1995 and July 2018 using pre-established keywords and including all judgments in the statistic results. Results: Between 1995 and 2018 there was an increase of 3.420% in the number of shares. The majority of material damages are below 15,000 reais, moral damage 13,000 and aesthetic damage 3,000 reais. The medium indemnified value was 4.142 reais. Conclusion: We observed the high degree of incidence of this type of process and that the highest indemnity was about material injury. However moral injuries got the highest medium value, showing the importance of human care. The dental surgeon, which is a health professional, besides the responsibility common to all people as a citizen, also assumes a specific responsibility: to answer for the acts committed in the exercise of the profession. The so-called professional responsibility involves a fourfold framework: criminal, civil, administrative and ethical. With the greater access of the population to justice, it is not uncommon to know of a dental surgeon who is being fired by a patient and civilly responsible. In this sphere, the professional can be condemned due to his conduct during the treatment being classified as: Negligent, Imprudent and Malpractice. Conviction for any of these conducts, or even the combination of more than one of them conducts monetary reimbursement. These are the so-called material, moral and aesthetic indemnities. Objective: Observe how many processes were judged in the Court of Justice of the State of Paraná (TJPR) between 1995 and 2018 and to establish a default value for civil liability actions against dentists. Material and methods: We conducted a search on the TJPR website of all civil liability cases against dental surgeon tried in second instance between 1995 and July 2018 using pre-established keywords and including all judgments in the statistic results. Results: Between 1995 and 2018 there was an increase of 3.420% in the number of shares. The majority of material damages are below 15,000 reais, moral damage 13,000 and aesthetic damage 3,000 reais. The medium indemnified value was 4.142 reais. Conclusion: We observed the high degree of incidence of this type of process and that the highest indemnity was about material injury. However moral injuries got the highest medium value, showing the importance of human care.

scholarly journals How to Compensate the Damages Arising from a Contaminated Blood Transfusion in the Legal Systems of Iran and Europe

2016 ◽  
Vol 9 (6) ◽  
pp. 194
Author(s):  
Zahra Esmaeilpour
Keyword(s):  
Blood Transfusion ◽  
The State ◽  
Public Hospitals ◽  
Direct Role ◽  
Infected Blood ◽  
Role Of The State ◽  
Moral Damage ◽  
The Many ◽  
Contaminated Blood

<p>At the end of the last century, transmission of viral diseases such as AIDS and HIV through blood transfusions to patients with ‘‘Hemophiliacs’’, to kick up a row the discussion about civil liability arising from contaminated blood transfusion in the case called ‘‘Hemophiliacs’’ end trying to get it drew Hemophiliacs material and moral damage prompted the judiciary . Among the many factors blood transfusion process are involved the responsibility of each of them is subject to certain regulation.</p><p>For example blood centers, hospitals, doctors, nurse who transfuse the infected blood and resulting that injured party forced to use the infected blood and at the end state because of providing and distribution of blood as a public service. Blood center has a safety commitment and mast distribute a blood to be free of and implication. So they are responsible. Just with transfusion unless they reveal other factors and causes in fact in this case, the most important issue is the way of compensation of injured parties. So not only material remedies resulting transfusion of infected blood is indemnify. But in this point view that no damages should not be remain compensation. In addition moral damages and ……..</p>So because of importance of the subject and importance of the compensation of injured parties, it’s essential to base on…. Theory, implication absolute liability and objective liability for state with assuming the direct role of the state in the management of medical procedures in public hospitals. And the possibility of the direct role of the state in their affliction and regarding the role of the state in public health.

Practical Picture Processing

1974 ◽  
Vol 32 ◽  
pp. 338-339
Author(s):  
T. A. Welton
Keyword(s):  
Radiation Damage ◽  
Coherence Length ◽  
Spatial Information ◽  
State Of The Art ◽  
Coherent Radiation ◽  
The State ◽  
Energy Spread ◽  
Electron Micrograph ◽  
Picture Processing ◽  
Molecular Skeleton

Various authors have emphasized the spatial information resident in an electron micrograph taken with adequately coherent radiation. In view of the completion of at least one such instrument, this opportunity is taken to summarize the state of the art of processing such micrographs. We use the usual symbols for the aberration coefficients, and supplement these with £ and 6 for the transverse coherence length and the fractional energy spread respectively. He also assume a weak, biologically interesting sample, with principal interest lying in the molecular skeleton remaining after obvious hydrogen loss and other radiation damage has occurred.

Pragmatic versus Morphological/Syntactic Criteria for Language Referrals

1980 ◽  
Vol 11 (2) ◽  
pp. 85-94 ◽  
Author(s):  
Jack Damico ◽  
John W. Oller
Keyword(s):  
Grade Level ◽  
The State ◽  
Verb Agreement ◽  
Remedial Programs ◽  
Service Training ◽  
Traditional Approaches ◽  
Communicative Effectiveness

Two methods of identifying language disordered children are examined. Traditional approaches require attention to relatively superficial morphological and surface syntactic criteria, such as, noun-verb agreement, tense marking, pluralization. More recently, however, language testers and others have turned to pragmatic criteria focussing on deeper aspects of meaning and communicative effectiveness, such as, general fluency, topic maintenance, specificity of referring terms. In this study, 54 regular K-5 teachers in two Albuquerque schools serving 1212 children were assigned on a roughly matched basis to one of two groups. Group S received in-service training using traditional surface criteria for referrals, while Group P received similar in-service training with pragmatic criteria. All referrals from both groups were reevaluated by a panel of judges following the state determined procedures for assignment to remedial programs. Teachers who were taught to use pragmatic criteria in identifying language disordered children identified significantly more children and were more often correct in their identification than teachers taught to use syntactic criteria. Both groups identified significantly fewer children as the grade level increased.

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