Components of the factual basis to be proved for the decision on state protection of participants in criminal proceedings

The article proposes the author’s scheme for establishing the actual grounds for deciding on the state protection of participants in the criminal process. The content of this scheme consists in transferring the rules of criminal procedure evidence to the procedure under analysis. The authors implement this by supplementing the law of criminal procedure with a group of articles, one of which is devoted to the circumstances to be proved (established) for the application of the procedure of state protection of participants in criminal proceedings. Thus, the work justifies the need to establish the components of the actual basis of state protection by means of criminal procedure evidence.

International Coordination of Research Ethics Review: An Adequacy Model

International direct-to-participant (DTP) genomics research involves the use of mobile technology to recruit, consent, and study participants remotely. This model can facilitate research across broad geographies and many countries, but must also comply with the norms of multiple recruitment jurisdictions, with each jurisdiction typically requiring at least one local research ethics review. Each additional research ethics review increases bureaucratic hurdles without necessarily strengthening the protection of participants’ rights and interests. For DTP genomic research, obtaining a review may in fact be impossible in the absence of a local research partner. This paper proposes an “adequacy” approach, inspired by data protection law, to coordinate the regulation and oversight of international DTP genomics research. This involves one country voluntarily assessing whether another country’s research ethics reviews are equivalent to its own, in terms of objectives and effectiveness. Ethics-approved projects led by researchers from countries recognized as adequate are deemed to comply with local norms, eliminating the need for a duplicative local review. Adequacy preserves the sovereignty of countries to determine their own regulatory aims and which other countries to trust. It therefore provides a voluntary, incremental path towards greater global coordination of health research oversight.

Participant voice first: the Busara research agenda on ethical research in the Global South

The use of experiments in social science has brought huge gains in our knowledge of the world. However, in recent debates, sharp critiques of the power imbalances of the discipline have been made. There have been some responses on how we can improve our approach to be more ethical. These responses have often conceived of research ethics rather narrowly, and not included wider responsibilities beyond the protection of participants. Often missing from both sides has been empirical study of the preferences of those research participants, and the societies they belong to. As part of our commitment to racial, gender and wider social justice, commitment to advancing the voices of research participants, and under the banner of our values of respect and purpose, Busara proposes to organise and formalise its agenda on research ethics. We will combine past learnings with new studies over the next three years, to deeply understand the experiences of research participants, and find better ways of closing the loop in communication with those participants. From there, we will co-create, test and disseminate changes to research processes and practices that improve participant welfare and uphold ever-higher standards of ethical practice. We believe that this is both more just, and likely to produce better quality research.

Medical research

This chapter discusses the legal and ethical issues related to medical research. It outlines international and national legal regulation. It discusses the important distinction between therapeutic and non-therapeutic research. The importance of consent and the protection of participants is highlighted.

Perlindungan Hukum Peserta Program Jaminan Hari Tua pada Badan Penyelenggara Jaminan Sosial Ketenagakerjaan atas Penunggakan Pembayaran Iuran oleh Pemberi Kerja

The research objectives were to analyze the legal protection of participants of the old age guarantee program as well as the threat of sanctions for companies that delinquent payment of Social Security Agency for Employe (BPJS Employment) dues. The research used a juridical-sociological approach with a type of sociolegal research. Data sources in the form of primary, secondary, and tertiary data were analyzed qualitatively. Legal protection of participants of the old age guarantee program consisted of preventive legal protection, namely through Government Regulation Number 60 of 2015, and repressive legal protection based on internal Standard Operating Procedure (SOP) from BPJS Employment provided if the company in question delinquent dues payment. The threat of sanctions for companies that delinquent payment of BPJS Employment dues was in the form of administrative sanctions, although in practice the sanctions were considered ineffective to be applied.

The use of video technologies in criminal proceedings in Russia and foreign countries

The use of video technologies in the criminal proceedings should hardly be considered as a fundamentally new legal phenomenon. In one way or another, video technologies have been used for quite a long time. However, video technologies are used in different ways and to a different extent in different countries. In this regard, it is interesting to compare such indicators in order to increase the effectiveness of the criminal process by expanding the methods of obtaining evidence, increasing the level of protection of participants in the criminal proceedings and international cooperation in the field of criminal proceedings.

Development of forensic tactics at the stage of mature science

The article completes a series of works devoted to the study of the history of forensic tactics. The author’s vision of periodization of formation and development of this section of science is given. It is concluded that the trends of the current stage of development of forensic tactics are determined by radical changes in the evidence paradigm, based on the competitive ideology of the reformed criminal process. This poses a number of urgent tasks for scientists and practitioners, including improving the tactics of interrogation, inspection, search, presentation for identification, and the development of methods for conducting new investigative actions for our judiciary, such as simultaneous interrogation of two or more persons, investigative experiment. The whole spectrum of covert (investigative) investigative actions – an institution also still unknown to the domestic criminal process – is in dire need of tactical and forensic support. The need to substantiate the expediency of expanding the cognitive boundaries of forensic tactics, extending its recommendations to the field of criminal proceedings is becoming more and more tangible. It is necessary to continue developing the theory of court situations, tactical decisions, tactics of judicial interrogation and other procedural actions. The problems of planning court proceedings, in particular in the aspect of ensuring the continuity of court proceedings, remain relevant and require further research on the basis of the provisions of the current legislation. The specific activities of the investigating judge require completely new tactical developments. There is an urgent need to develop tactical recommendations on the means of ensuring criminal proceedings, overcoming the opposition to pretrial investigation and trial of criminal cases, protection of participants in criminal proceedings. Extremely important from the standpoint of current trends in criminal justice is the development of tactical and forensic recommendations to ensure judicial proceedings on the basis of procedural agreements and other special procedures of criminal proceedings (simplified, special, etc.).

ANALYSIS OF THE PROVISIONS OF THE DRAFT LAW OF UKRAINE "ON ENSURING THE SECURITY OF PARTICIPANTS IN CRIMINAL JUDICIARY AND OTHER PERSONS IN THE INTEREST OF JUSTICE"

The article is devoted to the analysis of the Draft Law "On Ensuring the Safety of Participants in Criminal Proceedings and Other Persons in the Interests of Justice". The system of current legislation in the field of security of persons involved in criminal proceedings is outdated and does not provide the necessary conditions for the proper administration of justice. It is established that the current legislation in the field of protection of participants in criminal proceedings is unreformed, has many gaps and is ineffective. It was stated that participants in criminal proceedings (witnesses and victims) who are in real danger often refuse to testify and cooperate with the investigator, as they believe that the state cannot protect them from the unlawful influence of persons involved in criminal proceedings. As a result of the refusal of witnesses and victims to testify and cooperate with the investigation, the perpetrators remain unpunished. On the positive side of the draft law is the proposal to establish a new specially authorized body - the National Agency for Security of Criminal Proceedings, as in the event of a high level of threat to certain participants in criminal proceedings, their rights and freedoms, life and health must be preserved. It was found that the Draft Law does not provide for the specifics of ensuring the safety of juvenile participants in criminal proceedings, which significantly violates the rights of this vulnerable category of persons. Based on the understanding of the list of persons entitled to the application of security measures proposed in Part 1 of Art. 6 of the draft Law, it can be understood that the legislator provided for the possibility of taking under the protection of a minor, in one form or another, but unfortunately bypassed the attention of their parents and legal representatives. In view of the above and taking into account the concept of "best interests of the child", it is proposed to expand the list of persons subject to protection and add a legal representative of a minor. There have also been a number of other proposals to improve the situation of juveniles who are being protected by the state for giving incriminating testimony. It is concluded that the bill needs to improve and maximize its efficiency and effectiveness of its rules.