Journal headings
"Legal sciences"
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Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-77-83
Keywords: iatrogenic crimes, commission forensic medical examinations, medical violations, investigation of medical er- rors, evidence, evaluation of evidence, evaluation of expert opinions, violations in the investigation
Annotation: The presented article is devoted to the investigation of iatrogenic crimes (crimes caused by medical errors in the provision of medical care). The relevance of the stated topic is dictated by acute social sensitivity to medi- cal violations, the importance of the object of encroachment (human life and health), as well as the continuing difficulties in proving criminal cases in this category. The novelty of the author’s approach to the problem is not the proposal of theoretical recommendations, “how to investigate” criminal cases of the analyzed category, but the analysis of violations, on the basis of which specific application rules are formulated, “how NOT to” conduct an investigation. The aspect related to conducting commission forensic medical examinations of the quality of medical care provided is considered in detail. Typical violations of investigators in evaluating expert opinions have been identified. It has been revealed that these evidences are not always reasonably given priority. The judicial practice of the courts passing acquittals against medical workers in connection with the incompleteness or incorrect assessment of expert opinions is analyzed. Typical violations of investigators in assessing the expert opinions received have been identified. It has been re- vealed that these evidences are not always reasonably given priority. The article analyzes the judicial practice of courts passing acquittals against medical workers due to incomplete or incorrect assessment of expert opinions. This work can be used both in the investigative and judicial practice of investigation and consideration of criminal cases of iatrogenic crimes, and for the development of further theoretical provisions on the issue under study. In the text of the article, the Russian Federation is abbreviated as RF.
THE “ABUSE” BY THE DEFENSE PARTY OF THE RIGHT TO APPEAL THE VERDICT
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-84-90
Keywords: appeal, court, defender, accused, verdict, law, criminal case, abuse of law
Annotation: This article is devoted to the study of the problem of abuse of the right to appeal the verdict by defense counsel and defendants. Despite the fact that this constitutional right is designed to protect the legitimate interests of the parties, it is often used as a tool to resolve private issues, which not only contradicts the main objectives of criminal proceedings, specified in Article 6 of the Criminal Procedural Code (hereinafter — CPC) of Russian Federation, but also violates the rights and legitimate interests of other participants in criminal proceedings. The main obstacle to combating such abuses is the formal compliance of the content of appeals with the norms of the CPC of Russian Federation. The actions of unscrupulous appellants entail a number of negative consequences, which should include an increase in the workload of appellate bodies, violation of the principle of reasonable time of criminal proceedings, evasion of defendants from criminal responsibility as a result of the expiration of the statute of limitations. The article cites examples from law enforcement practice that contradict the applicants’ desire for justice, correction of judicial errors or restoration of their violated rights. The authors of the article conclude that it is necessary to improve Article 389.6 of the CPC of Russian Federation by clarifying the criteria for admissibility of appellate complaints (submissions). In the text of the article, the Russian Federation is abbreviated as RF.
EUROPEAN DEMOCRACY AND RUSSIA: CREATING THE IMAGE OF THE ENEMY. A VIEW FROM ITALY
Release: 2025-2 (46)
DOI: 10.21777/2587-9472-2025-2-88-92
Keywords: Russia, West, democratic state, sovereignty, state power, freedom, principle of nationality, war
Annotation: This article analyzes the international legal problems of sanctions imposed by European states against Russia fr om the standpoint of democratic principles of modern states and sovereignty of states, and offers a critical view of Western anti-Russian propaganda justifying sanctions. The article concludes that the West's "demoniza- tion" of Russia is based not on actions that significantly distinguish it from the rest of the world, but on the need inherent in state systems to create an enemy in order to assert their superiority. The object of criticism is those Western propagandas that, based on immoral manipulative dynamics, cope well with constructing an enemy only because they are disguised as a convincing, at least outwardly, ideological goal based on democratic principles. In reality, such mechanisms conceal strategies for the struggle for power in violation of the basic principles and norms of international law, going far beyond the territory wh ere wars are being waged, that is, into geopolitical games with economic and geographical interests on a much larger scale. Throughout the text of the article, the Russian Federation is abbreviated as RF.
COOPERATION BETWEEN CHINA AND RUSSIA IN THE FIELD OF MEDICAL EDUCATION IN THE CONTEXT OF UPDATING GLOBAL LAW
Release: 2025-1 (45)
DOI: 10.21777/2587-9472-2025-1-91-101
Keywords: global law, global medical education, cooperation, healthcare, international regulation, international law, SCO, fundamentals of public health protection
Annotation: The purpose of the study is to provide a legal analysis of the processes and main forms of cooperation between the People’s Republic of China and the Russian Federation in the field of healthcare and medical personnel training, identify existing problems in this area and develop proposals for their solution. It is proved that in the context of global existential challenges to modern humanity, it is necessary to update global law, adequate to the nature and scale of threats. The information on the current state of cooperation between China and Russia in the field of medical education and professional training of doctors is summarized. A comparative review of the national legislation of the two countries and the scientific literature on the designated research topic has been conducted. It was noted that the PRC and the Russian Federation face similar problems and strive for the same goals in the field of healthcare and training of medical workers, and also have common needs for both bilateral cooperation and expanded interaction with member countries of regional and international governmental and professional communities. Based on a comparative legal analysis of the regulatory framework for medical education in China and Rus- sia at the present time, the conditions and factors determining the need to improve the professional training of medical professionals in these countries have been identified. Possible ways to strengthen the participation of the People’s Republic of China and the Russian Federation in global health management and the training of highly qualified medical personnel are considered. At the same time, it was noted that such problems as the lack of a clear position on the issues of medical education standards, insufficient legal support for medical activities and professional training, as well as contradictory reasoning of innovations prevent the forming of unified approaches to synchronization and management of training of highly qualified personnel in the process of implementation of grand national projects for the development of health care in the PRC and the Russian Federation in the period up to 2030. The opinion is expressed on the need to develop intergovernmental cooperation between China and Russia in the field of health care training, to expand the space of cooperation through the mechanisms of “SCO” and “BRICS plus” with the global involvement of countries with similar interests and goals, legal means, to strengthen the unified image of effective global interaction and partnership in the field of medical education and health care in general. The opinion is expressed about the expediency of creating a global synchronized system of medical education in the future, justified by the global normative system. In the text of the article, the Russian Federation is abbreviated as RF.
ON THE LEGAL CULTURE IN THE RUSSIAN FEDERATION
Release: 2024-1 (41)
DOI: 10.21777/2587-9472-2024-1-5-11
Keywords: legal culture, legal culture of society, legal culture of the individual, legal nihilism, legal idealism
Annotation: The article analyzes the state of the legal culture of the Russian Federation in the modern period. It also dis- cusses the main terminological features related to the definition of the concept of legal culture and the structural elements included in it. In addition, the problems associated with the insufficiently high level of legal culture among citizens of the Russian Federation in modern realities are identified and analyzed. The data of sociological surveys of young people about public institutions that have the most influence on the growth of the legal culture of society are presented. The article emphasizes that in the processes of interaction between the state and soci- ety, the modernization of the legal policy of the state – the use of information technologies – contributes to the improvement of the level of legal culture of the Russian population. Such an “electronic State” extends not only to the sphere of public administration, but also covers public relations. Further in the article the current state of the legal culture of the Russian population are revealed, and ways to solve the problem of not having a sufficient level of its development are identified. Based on the conducted work, a conclusion was also made that charac- terizes the relevance and importance of improving the legal culture for the further development of the country.