Ethico-legal issues by medical specialism N–V

This chapter covers Ethico-legal issues by medical specialism and includes topics on the following subjects (N-V): Neurology: The clash of rights between a child and parents, Neonatal Surgery: Jehovah’s Witnesses, Neonatology: Consent, Neurosurgery: Information Governance, Neurosurgery: Innovation, Neurosurgery: Preservation of Evidence, Obstetrics: Needle Phobia, Ophthalmology: Statutory Disclosures, Paediatric Cardiology: Unlicensed Equipment, Plastics; Disclosure, Renal: Capacitous adult refusing treatment, Respiratory: Unwise Decisions, Speech: Capacity, Rheumatology: Doctrine of Double Effect, Trauma & Orthopaedics: Necessity, Urology: DOLS, Vascular Surgery: Disclosure

The principle of legality in the activities of the police during the use of technical means of recording administrative offenses

The article covers the analysis of the basic legal principles, in particular the principle – legality. In modern conditions, lawenforcement police cannot be successfully carried out without proper application of advances in science and technology. The role andpurpose of science – the search for problem areas, their research and suggestions for ways to eliminate shortcomings and areas forimprovement. Among the basic principles that contribute to the quality implementation, development and use of technical means are:legality; efficiency; ethics; scientificity; security; preservation of evidence, etc.In the context of understanding principles, it is a means to ensure the integrity of the legal system and the effectiveness of law asa social regulator. Considering the scope of the use of technical means for fixing offenses, the principles that are specified to this objectof legal regulation, can contribute to the effectiveness of police law. Effectiveness in this sense is considered as a resultant influence ofthe law with the achievement of the most expedient for society and the state of results.The main features of the principles: objectively predetermined by the social environment, the nature of social relations and havea reverse effect on them; is an ideological creature, the result of the development of the legal consciousness of society, and at the sametime aimed at promoting the growth of the legal consciousness of society, its culture; is an ideological basis for objective law, expresslyexpresses the laws of its development, essence and social purpose; describe (specify) the established right, make uniformity in the systemof legal norms; serve as the basic principles of legal regulation of social relations, provide coherence to all of its mechanism, actas guidelines for the formation and improvement of the legal system, its framework, support, reflect the objectively existing tiesbetween the elements of the legal system and the social system; accumulate world experience in the development of law, embody democraticand humanistic traditions and at the same time constitute the legal values that are part of the world legal treasury.

CYBER RISKS IN THE MUNICIPAL ECONOMY DURING THE PANDEMIC: DAMAGES AND THE STRUGGLE FOR CYBER SECURITY

As a result of remote control and automation, the urban infrastructure becomes extremely vulnerable to intrusions, attacks, human errors, accidents that are growing. Due to the concentration of local and global computer networks, systems and software, the “cyber risk” of the municipal economy is multiplicative, which makes it systemic and international. Its essence is manifested both at the national and global levels through the impact on business, municipal and state authorities. Today, the existing pandemic contributes to an increase in the number of cyberattacks, which indicates an even greater cyber vulnerability of municipal administrations and public authorities. Coronavirus COVID-19 has become a tool for hacker attacks on users and enterprises. The purpose of the article is to determine, based on a systematic analysis of the new cyber risks of the municipal economy that arose during the pandemic, to formulate our own views on the classification and methods of counteracting municipal organizations and enterprises. According to experts, since the beginning of this year, thousands of domains associated with coronavirus have been registered in the world. This number also includes sites of various hacker groups that offer information about coronavirus, masks, or quick treatment methods. In fact, these phishing sites are used by hackers to extort money or steal confidential, as well as commercial information. The main types of attacks that increase the threat and actually create a "cyber infection" are noted. Based on the material of this article and the experience of the authors, measures are proposed that ensure the safety of municipal enterprises, which should be carried out in the first place. Strict measures in IT management during a crisis are also recognized as undeniable and necessary. Such as help from cyber experts and help for cyber experts; preservation of evidence of intrusion, staff training, accumulation of experience to accelerate progress in work. Remote work during a pandemic can make it difficult for IT staff to monitor cyber risks, since many of these risks go beyond the financial or technical capabilities of municipalities. Therefore, based on these proposals for the safety of municipal enterprises, an integrated approach to cyber risks is proposed, including an emergency response plan. Based on international experience, the possibility of insuring municipal enterprises and organizations against potential losses associated with cyber attacks by hackers, as well as to eliminate the consequences of these attacks, is also noted. Keywords: cyber-security, cyber-risk, municipal economy, “phishing”, pandemic, Covid-19

SEPARATION AND CONNECTION OF CRIMINAL CASES AT THE PRELIMINARY STAGE HEARING

The article deals with the debatable issues of connecting and separating criminal cases in preparation for a court session. Despite the fact that the legislator provided for the possibility of making these decisions, many issues related to their implementation remained unresolved, so it became necessary to determine the grounds and conditions for making a decision to combine and separate criminal cases at a preliminary hearing. The article highlights the problems that arise in connection with the consideration of applications for joining and separating criminal cases. The author formulated conclusions on the settlement of problems arising during the consideration of these issues, and proposed a procedural procedure for their consideration at a preliminary hearing. The article defines the grounds and conditions for consideration at a preliminary hearing of questions about the connection and separation of criminal cases. It is argued that it is possible to consider applications for joining and separating a criminal case only in a closed court session in order to ensure the preservation of evidence obtained during pre-trial proceedings, and the inadmissibility of disclosure of information before the consideration of the criminal case on the merits in the court of first instance.

On epistemic and ontological interpretations of intuitionistic and paraconsistent paradigms

From the technical point of view, philosophically neutral, the duality between a paraconsistent and a paracomplete logic (for example intuitionistic logic) lies in the fact that explosion does not hold in the former and excluded middle does not hold in the latter. From the point of view of the motivations for rejecting explosion and excluded middle, this duality can be interpreted either ontologically or epistemically. An ontological interpretation of intuitionistic logic is Brouwer’s idealism; of paraconsistency is dialetheism. The epistemic interpretation of intuitionistic logic is in terms of preservation of constructive proof; of paraconsistency is in terms of preservation of evidence. In this paper, we explain and defend the epistemic approach to paraconsistency. We argue that it is more plausible than dialetheism and allows a peaceful and fruitful coexistence with classical logic.

PRESERVATION OF EVIDENCE OBTAINED DURING THE PRE-TRIAL INVES-TIGATION AS ONE OF THE CHALLENGES IN THE TRIAL OF ORGANIZED CRIME CASES

Given that the situations of preliminary investigation and court proceedings have the same epistemological nature, it is possible to apply the classification grounds developed in the theory of investigative situations to systematise and streamline the trial. It is possible to distinguish judicial situations related to: preservation of evidence obtained during the preliminary investi-gation in court; filling gaps in the preliminary investigation materials; evaluation of evidence in court and, finally, making a decision on the merits of the case. These judicial situations need to be resolved and have a significant impact on the tactics of the judicial investigation. This is because each case raises questions such as whether to begin the examination of evidence with the interrogation of defendants, victims or witnesses and, if there are several defendants, in what order to interrogate them, in what order to inter-rogate witnesses, in what part of the judicial investigation it is better to conduct expert exami-nations, inspection of physical evidence, the scene of the incident and other investigative actions. Criminal procedural legislation does not regulate such issues, which allows us to refer them to the tactics of the judicial investigation. The judicial-investigative situation under consideration, related to the change of testimony in court, can be partially resolved by choosing the order and combination of different forms of judicial interrogation, summoning for questioning to court persons who, according to the defendant, used methods of illegal influence, using such idea of information interaction as the principle of maevtika, related to the enrichment of information. Its essence is that in addition to the information obtained in the course of the investigation and operational-search activities and fixed in the relevant documents, the court should be presented with related information. This may include, for example, a video recording of the information environment at the time of the interview or during the interrogation, especially when the potential perpetrator was confessing. Pursuant to article 240, paragraph 1, of the Code of Criminal Procedure, in addition to hearing the testimony of the defendant, the victim, witnesses and expert findings, examining material evidence, and disclosing protocols and other documents, the court carries out other judicial investigative activities to examine the evidence. This enables the court to identify in the course of the trial the reasons for a change in the evidence and to verify its consistency with reality. At the same time, it is often the investigator or operative who can provide an indication of the sources of information that can help verify statements about the coercion of interrogators to confess, when they are questioned during the judicial investigation.

Preserving Vulnerable Evidence at the International Criminal Court – the Article 56 Milestone in Ongwen

Article 56 of the Rome Statute allows for the preservation of evidence that may not be available at trial. In 2015, this provision was invoked to record the testimony of seven vulnerable victims of sexual and gender-based crimes in the Dominic Ongwen case. Occurring in the pre-trial phase of the case, before charges were pleaded or even confirmed, this overlooked development sets an important judicial precedent at the International Criminal Court (icc). It represents a milestone precedent for future cases, not just in terms of circumventing situations of witness interference, but more importantly, in safeguarding vulnerable victims and witnesses, and preserving their evidence for any eventual trial.