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Author(s):  
Maksim M. Batmaev ◽  
◽  
Pyotr M. Koltsov ◽  
Savr M. Murgaev ◽  
Semyon A. Umgaev

Introduction. This article is devoted to the activities of Vasily Nikitich Tatishchev, when Astrakhan governor (1741–1745) responsible for the affairs of the Kalmyk steppes. It is aimed to examine his projects designed to amend the impoverishment of the broad masses of Kalmyks often left without their livestock, even without horses. The question was raised by Tatishchev himself; the governor was worried about its political implications because Kalmyks without horses were of no use for the Russian Empire. Materials and methods. The article is based on archival materials, as well as the historiography that sheds light on Tatishchev as the statesman and politician. Results. The governor repeatedly discussed the issues of the worsened social-economic situation of the people with the Kalmyk namestnik (leader) Donduk Dashi, both on official occasions and in private communication. He had various explanations for their economical degradation, pointing out the difference in the nomads’ situation of the 1840s as compared with that in Khan Ayuka’s time. His involvement in the issues concerning fishing and seasonal work of the impoverished Kalmyks shows that the governor seemed to be interested in helping them, but his projects to improve the Kalmyks’ socio-economic situation were largely unsuccessful. The reasons for the failure may be found both in the resistance of the Kalmyk rulers and zaisangs and the general weaknesses of the administration when dealing with the steppe affairs.


2021 ◽  
pp. 91-112
Author(s):  
Sona Sopuchova

In the article, the author discusses the issue of electronic health care with a focus on telemedicine. The first part of the paper provides an overview and explanation of the basic related concepts, which are electronic healthcare and e-health, telemedicine and health care. In this part, the author also summarizes the relevant legislation. The author also presents the performance of telemedicine in the conditions of the Slovak Republic. Above all, the author asks which legal institutes are affected by another way of providing health care, which is distance medicine? The author gradually analyzes selected issues, namely instruction and informed consent, making audio or video-audio recording, recording telemedicine performance in medical documentation and payment for such performance. The conclusion of the article is devoted to summarizing and pointing out the threats and challenges of telemedicine, which the author considers the use of private communication platforms, the related violation of cyber security and the use of artificial intelligence. Key words: electronic healthcare, e-health, telemedicine, remote medicine, remote health care provision.


2021 ◽  
Vol 26 (1) ◽  
pp. 61-80
Author(s):  
Joan Pico i Junoy ◽  
Juan Antonio Andino López

In professional negotiations between lawyers, it is usual to share information, data and documents that could be protected with legal privilege. This paper analyses, from a comparative perspective, the possible evidentiary use of the documents that a lawyer obtains from the opposing lawyer in a subsequent judicial process. A conflict is presented here between two fundamental procedural guarantees: The right to evidence of the party that possesses the documents and the right to defence and legal privilege of the party that delivered them in the prior negotiation to the lawsuit. The solution provided by different legal systems is therefore not always straightforward, because some legal systems do protect legal privilege and others protect the right to evidence, with different solutions for the rights put in balance here.


2021 ◽  
Vol 66 ◽  
pp. 244-250
Author(s):  
V.V. Zaborovskyy

This article is devoted to the disclosure of theoretical and applied issues related to the implementation of one of the main guarantees of a lawyer's professional activity, namely ensuring the confidentiality of his communication with his client. The study revealed various approaches of scholars, as well as the position of the legislator on the practical provision of the right of a suspect (accused) to confidential communication with his lawyer, especially in cases of detention of such a person. The international standards and practice of the European Court of Human Rights in the aspect of implementation of the prohibition of interference in private communication of a lawyer with his client are also analyzed. The position is argued that the existence of undoubted trust in the professional activity of a lawyer, as the quintessence of advocacy, is possible only if the principle of confidentiality is ensured, including the prohibition of interference in private communication between the lawyer and the client. To achieve this goal, the authors used methods typical of legal science. The study was conducted using a dialectical method of cognition of legal reality, which provided an opportunity to analyze the essence of the guarantee of interference in private communication between lawyer and client, while the use of system-structural method provided an opportunity to determine the overall structure of the study. Based on the study, the author concludes that Ukrainian law pays considerable attention to ensuring the confidentiality of communication between a lawyer and his client, which generally complies with international principles in this area and aims to create appropriate conditions for confidentiality and legal secrecy as necessary conditions. advocacy.


2021 ◽  
Vol 69 (4) ◽  
Author(s):  
Valentin L. Popov

AbstractThe history of the following note is as follows. In 2003, I invited Kenneth Johnson to Berlin to give a talk on adhesion in a seminar at the Institute of Mechanics. His lecture on the topic "Mechanics of adhesion of spherical surfaces" took place on Monday, January 26, 2004. In the run-up to the seminar, Professor Johnson sent me a historical note dated November 18, 2003. In my opinion, this note, which was written in the form of a paper, may be of interest for experts in contact mechanics and tribology. Prof. Johnson did not publish it, so it remained a private communication. For a publication he might have made a revision and would possibly have credited other important contributions. But this we can only guess at, and therefore the note is published below in the form I received it from Kenneth L. Johnson, with only a few misprints corrected. It is interesting as a historical document from Ken Johnson, who played a key role in development of theory of adhesive contacts.


2021 ◽  
Author(s):  
Arvind Karunakaran

Status-authority asymmetry in the workplace emerges when lower-status professionals are ascribed with higher functional authority to oversee higher-status professionals and elicit compliance from them. However, eliciting compliance from the higher-status professionals is ridden with challenges. How and when lower-status professionals with functional authority could elicit compliance from higher-status professionals? To examine this question, I conducted a 24-month ethnography of 911 emergency coordination to understand how 911 dispatchers (lower-status professionals with functional authority) were able to elicit compliance from the police officers (higher-status professionals). I identify a set of relational styles – entailing interactional practices and communication media – enacted by the 911 dispatchers. Findings suggest that as compared to the customizing and the escalating relational styles enacted via the private communication medium, the publicizing relational style (i.e., publicizing the noncompliant behavior of an officer to his immediate peers) enacted via the peer communication medium enabled the dispatchers to elicit compliance. Such peer publicizing triggered self-disciplining, as that noncompliant officers’ trustworthiness is on the line in front of the peer group. More generally, through enrolling the alters’ peers in the compliance process, the lower-status professionals with functional authority were able to generate second-degree influence and elicit compliance from the higher-status professionals.


Author(s):  
V.A. Kolesnyk

An institute of secret inquisitional (of criminal investigation) actions is relatively the new judicial legal phenomenon in practice of the home criminal rule-making. Use of his possibilities by an investigator, public prosecutor as gives the side of prosecution in the hands of organs of pre-trial investigation important and effective facilities of collection and verification of proofs in interests of complete and objective implementation of tasks of every criminal realization. Such secret activity of organs of criminal pursuit is known and with success used in many countries. At the same time, the secret of activity of official public organ and his employees during the assembly of proofs in relation to involvement of certain persons to committing crime creates the terms of illegal or excessive interference with the sphere of the personal rights and interests of participants of criminal realization. By them can be both persons that is suspected of involvement to committing crime and those, that participate in secret realization of judicial actions or by chance got into consideration of law enforcement authorities during implementation of tasks of separate inquisitional actions. The norms of the Criminal code of practice of Ukraine not only establish order realization of secret activity the organ of pre-trial investigation but also serve as the important guarantee of protection of constitutional rights for every personality. It touches the order of receipt of permission on realization of secret inquisitional actions, cases of interference with private communication, prohibitions of interference with the private intermingling of defender, clergyman with suspected, to the defendants, with convict justified, regardless of occasions and reasons of such interference, opening of materials of criminal realization to the side of defense after completion pre-trial investigation, prohibition the uses of the privately got materials, that does not relate to certain criminal realization. The not complete clearness of formulation of separate judicial norms can be corrected by their interpretation taking into account general principles of realization of criminal realization.


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