ijcs
Abstract : Criminal Liability for Violation of the Quarantine Regime in the Conditions of the COVID-19 Pandemic
|
|
Abstract: Infectio us diseases is the subject of increased attention, which causes concern in society throughout the world. In this context, and in order to implement preventive measures, democratisation and protection of human rights are increasingly combined with measures of state coercion. The new challenge today is the COVID-19 pandemic, recognised by the World Health Organisation. Today is pandemic has forced a qualitative rethink of approaches to responding to the health challenges of both individuals and nations. States have gradually begun to use a variety of health measures, including policy and legal instruments, to control the spread and effects of COVID-19. Some states have resorted to criminal law to apply it to health care to prevent infection with COVID-19. A comparative analysis of the features of criminal liability for violating the quarantine regime in the European Union and Ukraine showed the variability of the structures of crimes, however, the unity of difficulties in qualifying socially dangerous acts and, as a result, the impossibility of effective prosecution. It was stated that there was an urgent need for States to recognise that the new coronavirus was a serious health emergency, but that the criminalisation related to COVID-19 was a worrying trend towards prolonging human rights restrictions. Experts are increasingly questioning, in particular, the feasibility and effectiveness of existing criminal law measures on health care and their fragmentary compliance with internationally declared human rights standards, which in the long run will be the basis for the abolition of new criminalised components of crimes. Keywords: Infectious diseases, quarantine measures, preventive measures, mandatory isolation. |
Abstract : Recommendations of the Council of Europe as a Guide for the Development of Criminal Executive Law of Ukraine
|
|
Abstract: The recommendations of the Council of Europe are based on the rich European experience of execution of punishments in the field of criminal-executive law, as well as the generalisation of the positive achievements of the national legislation of the most developed countries in this respect. In its recommendations, the Committee of Ministers of the Council of Europe calls on States to improve the legislation and practices of their respective agencies with a view to increasing the application of alternative sanctions and measures, which should ultimately reduce the number of people held in prisons. The aim of the article is to determine the degree of consideration of the recommendations of the Council of Europe on changes in certain norms of legislation in the field of criminal executive law. The main approach is the methodology of comparative analysis of the domestic penitentiary system and its legal framework in the world and the European Union, as well as the previous system in Ukraine, which has changed in accordance with the recommendations of the Council of Europe. Based on the results of the analysis, the priority areas for implementation of the recommendations provided by the Council of Europe concerning the observance of rights in the penitentiary system have been identified. In the future, it is of interest to compare the legislative support of the penitentiary system in the light of the further implementation of the recommendations of the Council of Europe in the context of the implementation of relevant norms in the domestic legislation and their realisation in practice. Keywords: Criminal executive law, penitentiary system, detention of prisoners and convicts, correctional institutions. |
Abstract : Tort Liability of Medical Workers in the Patient Safety System in Ukraine and the World
|
|
Abstract: Health 2020: European health and well-being policy. It focuses on supporting the actions of governments and society in the direction of significantly improving the health and well-being of the population; reducing the level of inequality in receiving medical services; promoting the health of everyone; ensuring that the health care system is "human-centred". The position of the World Health Organization is unequivocal – "the most important general health issue internationally" is patient safety (an integral component of service quality). It was proven that the reduction in the number of medical errors and similar health-related situations is the result of the integration and coordination of services through the participation of patients and consumers of medical services. The purpose of the paper is to investigate and compare the features of tort liability of medical workers under the legislation of Ukraine and the standards of the World Health Organisation. Our research is based on such methods as comparative legal method, method of analysis, formal legal method, as well as bibliographic method. Semasiology of the concept of "tort liability" for health professionals in Ukraine has differences in comparison with the WHO standards. Accordingly, the level of patient safety in Ukraine is such that needs to be improved to meet international standards. Keywords: Tort liability, medical workers, patient safety system. |
Abstract : Juvenile Offenders: Reasons and Characteristics of Criminal Behavior
|
|
Abstract: The article examines the phenomenon of “juvenile delinquency”, assesses its actual state and establishes the tendencies of its manifestations. Juvenile delinquency in Ukraine as a part of crime in a broad sense arises and develops under the influence of certain determinants. The study of the causes and conditions of juvenile delinquency remains relevant today, which indicates the special danger of this kind of crime for the development of society. The purpose of the article is to study the state of the problem in Ukraine and the experience of other countries in minimising the criminal behaviour of minors in the process of property and non-property relations. The leading approach that was used when writing the article is the comparison and analysis of modern materials on the problems of criminal behaviour of criminals who have not reached the age of majority. As a result, it was possible to identify the social characteristics of juvenile criminals and the reasons for their criminal behaviour. Considerable attention is paid to the factors influencing the commission of crimes: a dysfunctional family, shortcomings of the educational process, the problem of alcohol and drug use by minors. In addition, some directions for the prevention of juvenile delinquency were developed. The applied value is the ability to change legislation in terms of work and correction of minor criminals’ behaviour. Keywords: Prevention, responsibility, property and non-property relations, Ukrainian legislation. |
