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Role of medical practitioners in prevention and investigation of violence against children, and need to strengthen interdisciplinary cooperation in Latvia 医生在预防和调查暴力侵害儿童行为方面的作用,以及拉脱维亚加强跨学科合作的必要性
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.67-74
Ilze Bērziņa
The role of medical practitioners in preventing violence is evident; however, it is not as simple as it looks, as medicsconsider medical assistance and treatment as their primary work mission. At the same time, as any other citizen, theyare obliged to report violence, thereby helping to prevent it. The methodology employed in this study encompasseda review of legal frameworks and literature, open interviews with medical practitioners, and a meticulous analysis ofinternal documents and data systems. By synthesizing these methods, the research gained valuable insights into thechallenges faced by medical professionals in preventing violence and identified opportunities for enhancing coopera-tion within the healthcare system. This comprehensive approach facilitated a nuanced exploration of the integrationof legislative aspects into the daily routines of medical practitioners to advance the implementation of the Barnahusmodel in Latvia. The article gives insights into key existing documents and provides a detailed study of the availableinternal documents, data systems (patients’ electronic cards) and guidelines (recognition, recording and reporting ofviolence), with a view to understanding the importance of internal processes in order to identify and retain evidence.As regards the integration of legislative aspects into their daily routine, institutions need an effective internal processand guidelines which make it easy to record the fact of violence and evidence during the daily routine of professionals.Emphasis is also placed on increasing the cooperation and prevention role of medical practitioners, so that Latvia cansuccessfully implement the Barnahus model.
医生在预防暴力方面的作用是显而易见的;然而,这并不像看起来那么简单,因为医务人员将医疗援助和治疗视为他们的主要工作任务。与此同时,与任何其他公民一样,他们有义务举报暴力,从而帮助防止暴力。本研究采用的方法包括对法律框架和文献的回顾,对医疗从业者的公开访谈,以及对内部文件和数据系统的细致分析。通过综合这些方法,该研究对医疗专业人员在预防暴力方面面临的挑战获得了宝贵的见解,并确定了加强医疗保健系统内合作的机会。这种全面的方法有助于细致入微地探索将立法方面纳入医生的日常工作,以推动在拉脱维亚实施barnahuss模式。本文对现有的关键文件进行了深入分析,并对现有的内部文件、数据系统(患者电子卡)和指导方针(暴力行为的识别、记录和报告)进行了详细研究,以期了解内部流程对识别和保留证据的重要性。关于将立法方面纳入其日常工作,各机构需要一个有效的内部程序和指导方针,以便在专业人员的日常工作中方便地记录暴力事实和证据。重点还放在加强医疗从业人员的合作和预防作用上,以便拉脱维亚能够成功实施巴纳胡斯模式。
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引用次数: 0
Intercultural competence in the training and daily professional lives of police officers 警察培训和日常职业生活中的跨文化能力
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.91-95
Ivans Jānis Mihailovs
Abstract This article explains the role of intercultural competence in the training and daily professional lives of police officers, and proposes ways to improve the acquisition of this competence. The goal is to describe intercultural competence, highlighting its importance and the possibilities for its acquisition in the training and professional everyday lives of police officers. The article uses general scientific methods – analysis of scientific literature and documents, as well as the induction–deduction method, drawing conclusions and making proposals, and (grammatical, historical, systemic, teleological) methods of interpretation of legal regulations, analysing applicable legislation and policy planning documents. The study concludes that the daily work of the police in today's environment requires good management and cultural awareness in dealing with residents, with the consequent development of intercultural competence among police officers as a prerequisite for successful performance and cooperation with different communities in a multicultural society. The acquisition and development of intercultural competence should be included in police training programmes, complementing professional standards as appropriate, and in professional development activities for police officers. At the same time, the structural changes in the State Police should be addressed, with responsible officers being identified to deal with culturally diverse populations, and professional models for police dealing with culturally diverse populations should be developed.
本文解释了跨文化能力在警察培训和日常职业生活中的作用,并提出了提高这种能力获得的方法。目标是描述跨文化能力,强调其重要性以及在警察培训和日常职业生活中获得跨文化能力的可能性。本文运用一般的科学方法——分析科学文献和文献;运用归纳演绎法,得出结论和建议;运用(语法、历史、系统、目的论)解释法律法规的方法,分析适用的立法和政策规划文件。该研究的结论是,在当今环境下,警察的日常工作需要良好的管理和与居民打交道的文化意识,因此,警察的跨文化能力的发展是在多元文化社会中与不同社区成功合作的先决条件。跨文化能力的获得和发展应列入警察培训方案,酌情补充专业标准,并列入警官的专业发展活动。与此同时,应该解决国家警察的结构变化,确定负责任的官员来处理不同文化的人口,并且应该开发处理不同文化人口的警察的专业模式。
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引用次数: 0
Crime Forecasting in the Digital Age: A Theoretical Framework 数字时代的犯罪预测:一个理论框架
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.01-09
Aldona Kipāne, Andrejs Vilks
The aim of the study is to describe the criminological framework of crime forecasting based on special literature, prac-tice materials and research. Analytical, synthesis, inductive, deductive and descriptive research methods are used inthe article. The authors conclude that the development of full, comprehensive and highly reliable crime forecasts is alaborious and complex process. Predictive measures should be designed in a more urgent manner – this might en-compass the reporting of anticipated crimes in advance, as well as the indication of changes in the overall structure ofcrime and dangerous trends of a specific type of crime. Consequently, there must be a warning effect in order to preventpossible adverse trends.
本研究的目的是在特殊文献、实践资料和研究的基础上,描述犯罪预测的犯罪学框架。本文采用了分析、综合、归纳、演绎和描述等研究方法。作者得出结论,充分、全面和高度可靠的犯罪预测的发展是一个费力而复杂的过程。应该以更紧急的方式设计预测措施- -这可能包括提前报告预期的犯罪,以及指出犯罪的总体结构的变化和特定类型犯罪的危险趋势。因此,必须有警告作用,以防止可能出现的不利趋势。
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引用次数: 0
Effective Application of Provisional Measures under the Brussels Ibis Regulation 布鲁塞尔宜必思规例下临时措施的有效适用
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.75-81
Artur Doržinkevič, Ivan Sukhorukov
The article is devoted to the study of the notion of provisional measures under Article 35 of the Brussels Ibis Regulation.The purpose of the study is to analyse the jurisdictional grounds for the application of provisional measures by courtsof the Member States of the European Union. The authors argue that the Brussels Ibis Regulation establishes a dual-track jurisdictional system for the application of provisional measures in cases where the court is seised of the meritsof the case and when the court is not seised of the merits of the case. The application of both bases for provisionalmeasures is consistent with the principle of lis pendens, and therefore if the court that was the first to hear the first ap-plication for interim relief has priority to apply such measures. The analysis was based on the scientific literature on the peculiarities of the application of provisional measures andcase law of the Court of Justice of the European Union. The following methods were used to write the article: analysis,systematic, and legal interpretation.
本文致力于研究《布鲁塞尔宜必思条例》第35条规定的临时措施的概念。本研究的目的是分析欧洲联盟成员国法院适用临时措施的司法依据。作者认为,《布鲁塞尔宜必思规则》确立了一种双轨管辖制度,以便在法院审理案件是非事实的情况下和法院审理案件是非事实的情况下适用临时措施。适用这两种临时措施的依据符合未决案件原则,因此,如果第一个审理临时救济申请的法院有优先适用这些措施的权利。这一分析是根据关于临时措施适用的特殊性和欧洲联盟法院判例法的科学文献进行的。本文采用了分析法、系统法和法律解释法。
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引用次数: 0
The Legal Nature of Patient Duties 病人义务的法律性质
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.82-90
Līga Mazure
The role of patient duties depends on the model of the medical treatment relationship in which the patient is involved.Traditionally, there have been two models of the medical treatment relationship, variations of which have formed withsmall differences in the principles but the same core understanding. However, the tendency to search for a new modelof the medical treatment relationship is observed where actualisation of patient duties also has importance in themodern day. There are arguments and discussions about the legal effect of patient duties where completely oppositeopinions are expressed. The answer probably lies in the basic principles of modern civil rights, which mark the legalnature of patient duties in the legal relationship in medical treatment. Patient non-adherence or only partial adherenceto their duties brings about negative legal consequences, which have specific features that are different from the gen-eral civil rights principles. The research aim is to analyse the legal nature of patient duties by evaluating their role andlegal effect in the medical treatment relationship and specifying the directions of the legal consequences of inadequateadherence to these duties.
病人职责的作用取决于病人所参与的医疗关系的模式。传统上,医疗关系有两种模式,它们形成了不同的模式,在原则上差异不大,但核心认识是一致的。然而,寻找医疗关系的新模式的趋势被观察到,在实现病人的责任也有重要的现代。关于患者义务的法律效力的争论和讨论中,表达了完全相反的意见。答案可能在于现代公民权利的基本原则,这些原则标志着医疗法律关系中患者义务的法律性质。患者不履行或仅部分履行其义务所带来的消极法律后果,具有不同于一般民事权利原则的特定特征。研究目的是通过评估患者义务在医疗关系中的作用和法律效果,并指明不充分遵守这些义务的法律后果的方向,来分析患者义务的法律性质。
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引用次数: 0
Development of Latvian Insurance Contract Law Under the Influence of European Union Law 欧盟法律影响下拉脱维亚保险合同法的发展
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.10-17
Jeļena Alfejeva
The aim of the article is to analyse the process of application of the Insurance Contract Law in Latvia in 2018 and topropose amendments to this law to eliminate the ambiguities and shortcomings therein. This article examines thedevelopment of insurance contract law in Latvia in the light of the entry into force of the renewed law regulating thesecontractual relations, the Insurance Contract Law, in 2018. The main methods used were analysis and synthesis, scien-tific induction and deduction, comparative method and observation. Analysing the problems in the practical applicationof the renewed law, the author concludes that prima facie the renewed law needs to be clarified in certain parts andproposes solutions.
本文的目的是分析2018年《保险合同法》在拉脱维亚的适用过程,并对该法提出修改建议,以消除其中的歧义和缺陷。本文根据2018年修订后的规范这些合同关系的法律《保险合同法》的生效,考察了拉脱维亚保险合同法的发展。运用的主要方法有分析综合法、科学归纳演绎法、比较法和观察法。分析了新法律在实际适用中存在的问题,初步认为新法律的某些部分需要明确,并提出了解决办法。
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引用次数: 0
Basic Principles of European Social Security Coordination based on Regulation (EC) 883/2004 基于法规(EC) 883/2004的欧洲社会保障协调基本原则
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.35-42
Erik Hahn
This article discusses the importance of free movement and the coordinating social law of the European Union (EU) inensuring that people who move between EU Member States are not left without social security coverage. The articleexplains that the EU does not have a uniform or common social law and that the responsibility for social policy primar-ily lies with the Member States. The coordinating social law of the EU is limited to the coordination of the various socialsecurity systems of the Member States. The article further explains that the coordination of social security systems isessential for the success of European integration and emphasises that the EU Member States are bound by both thebasic Regulation (EC) No 883/2004 and the implementing Regulation (EC) No 987/2009. After a primary law derivationof the social law coordination, the article explains the scope of application and the key principles of Regulation (EC)883/2004. This is followed by a discussion of the Regulation’s conflict-of-law rules, which take precedence over nationalprovisions.
本文讨论了自由流动的重要性和欧盟(EU)的协调社会法律,以确保在欧盟成员国之间流动的人不会没有社会保障覆盖。该条款解释说,欧盟没有统一的或共同的社会法,社会政策的责任主要在于成员国。欧盟的协调社会法仅限于协调各成员国的各种社会保障制度。文章进一步解释了社会保障体系的协调对于欧洲一体化的成功至关重要,并强调欧盟成员国受到基本法规(EC) No 883/2004和实施法规(EC) No 987/2009的约束。在对社会法协调进行了初步的法律推导之后,本文解释了法规(EC)883/2004的适用范围和主要原则。接下来是对《条例》的法律冲突规则的讨论,这些规则优先于国家规定。
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引用次数: 0
Providing healthcare outside working hours: moral and legal aspects 提供工作时间以外的医疗保健:道德和法律方面
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.18-27
Inga Kudeikina, Marina Losevich, Aigars Laizans, Nataliya O. Gutorova
It would often be in the public interest for persons with special knowledge, including the so-called liberal profession-als, to exercise their skills voluntarily, as long as a need for their services arises: for example, a healthcare practitionerwould provide treatment to anyone in need of emergency care, architects would act as soon as there is a mention ofa crack in the load-bearing wall of an apartment building and judges would judge a court on holidays if need arises.But the legal duty to act can be demanded from those who are legally assigned this task only. For all the stakeholders,legal certainty in healthcare is an issue of major importance. To contribute to this aspect, this study aims to detect thelegal and ethical framework of the medical practitioner’s obligation to provide treatment outside of working hours. Thescientific literature, case-law, legal acts and court judgements were studied; the analytic, doctrinal, comparative andmodelling methods were applied; the general legal norm interpretation methods were used. The authors conclude thatoutside of working hours, medical practitioners are exempt from their legal responsibilities, are guided by moral normsand general citizens’ obligations only and have the right to refuse to provide professional healthcare services. Theinconsistency among legal scholars and legal and medical practitioners concerning the duties of healthcare profes-sionals during their rest time was detected. The recommendations are proposed to ensure legal certainty and achieveconsentaneity among the stakeholders.
它常常是公共利益的人有特殊的知识,包括所谓的自由profession-als主动锻炼自己的技能,只要需要他们的服务出现了:例如,一个医疗保健practitionerwould提供治疗任何需要紧急护理,建筑师将采取行动就有提到在承载墙的裂缝完美的公寓和法官会判断一个法院在假日如果需要。但是,只有那些法律上被赋予这项任务的人才有义务采取行动。对于所有利益相关者来说,医疗保健领域的法律确定性是一个非常重要的问题。为了促进这方面的研究,本研究旨在发现医生在工作时间以外提供治疗的义务的法律和伦理框架。研究了科学文献、判例法、法律行为和法院判决;采用了解析法、理论法、比较法和建模法;采用了一般的法律规范解释方法。提交人的结论是,在工作时间之外,医生不承担法律责任,只受道德规范和一般公民义务的指导,有权拒绝提供专业保健服务。发现法律学者和法律和医疗从业人员对卫生保健专业人员在休息时间的职责不一致。建议的提出是为了确保法律确定性和实现利益相关者之间的一致性。
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引用次数: 0
Legal Regulation for Providing Welfare Measures for Therapy Dogs Involved in Canine Therapy in Latvia 拉脱维亚为参与犬类治疗的治疗犬提供福利措施的法律规定
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.58-66
Marika Lotko
The article analyses therapy dog welfare aspects based on theoretical literature review, researches and regulatoryenactments, providing a unique interpretation of these aspects arising from the consideration that therapy dogs havedual roles, being both therapy animals and household pets. The present research aims to analyse implemented wel-fare measures for therapy dogs, based on scientific literature and regulatory acts. Fifteen semi-structured interviewswere conducted to explore how therapy dog owners provide welfare requirements to their therapy dogs. The followingcategories of welfare were identified to describe therapy dogs involved in a canine therapy: meeting basic needs, vet-erinary care, training, work process and possibility to express species-specific behaviour. The research results indicatethat therapy dog handlers fulfil the minimum requirements of welfare and in some cases exceed these requirements;however, it is up to a handler to choose whether the minimum or an exceeded amount of welfare requirements will beperformed. Lack of regulation in some cases necessitates improvement in setting minimum demands, for instance, insuch cases as a therapy dog workload per day/week.
本文从理论文献综述、研究和法规制定等方面对治疗犬福利方面进行了分析,考虑到治疗犬既是治疗动物又是家庭宠物的双重角色,对这些方面进行了独特的解读。本研究旨在根据科学文献和监管法案分析治疗犬的实施福利措施。我们进行了15次半结构化访谈,探讨治疗犬的主人如何为他们的治疗犬提供福利要求。以下福利类别被确定为描述参与犬类治疗的治疗犬:满足基本需求,兽医护理,培训,工作过程和表达物种特定行为的可能性。研究结果表明,治疗犬训导员达到了福利的最低要求,在某些情况下甚至超过了这些要求;然而,是达到最低福利要求还是超过福利要求,取决于训导员的选择。在某些情况下,缺乏监管需要改进最低要求的设定,例如,每天/每周治疗犬的工作量。
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引用次数: 0
The importance of judicial cooperation in criminal matters in the European Union with a special focus on countering EU threats and crime more effectively 欧洲联盟刑事事项司法合作的重要性,特别侧重于更有效地打击欧盟的威胁和犯罪
Pub Date : 2023-10-01 DOI: 10.25143/socr.26.2023.2.28-34
Jūlija Muraru-Kļučica
This article’s main aims are to explore, consider and analyse various sources of law to identify the essence and im-portance of the established judicial cooperation system in the European Union (EU) for effective countering of EUthreats and crime. During the research, various sources of European Union Law, case law, constitutional law, etc. wereexplored and considered, by using the analysis method as well as the comparative and synthesis methods. The articlereviews the development of the existing system of judicial cooperation in criminal matters in the EU demonstrating theimportance of the mutual trust involved in the combating of cross-border crime in the EU. Further, it assesses the ef-fectiveness of the existing institute of judicial cooperation in criminal matters in view of combating cross-border crime,in addition to demonstrating the current normative system in the field of judicial cooperation in criminal matters of theEU and its connective side with national criminal justice systems. The main research results highlight the necessity forsupplementing the legal framework of judicial cooperation in criminal matters with a clear definition of the followingterms: cross-border crime and offences with a foreign element, as well as the term foreign element in the context ofjudicial cooperation in criminal matters; the results also shed light on the fact that it is essential to adopt a new legalframework on the transfer of criminal proceedings. Finally, for more effective cooperation among Member States, it isnecessary to approach a common way of the interpretation of the legal acts facilitating correct application and imple-mentation of judicial cooperation in criminal matters instruments in the EU.
本文的主要目的是探索、考虑和分析各种法律渊源,以确定欧盟现有司法合作制度对有效打击欧盟威胁和犯罪的本质和重要性。在研究过程中,对欧盟法、判例法、宪法法等的各种渊源进行了探讨和思考,采用了分析的方法以及比较和综合的方法。本文考察了欧盟现有刑事司法合作制度的发展,证明了在欧盟打击跨境犯罪中相互信任的重要性。此外,报告评估了现有刑事事项司法合作机构在打击跨境犯罪方面的有效性,并展示了欧盟刑事事项司法合作领域的现行规范体系及其与各国刑事司法系统的关联方面。主要研究结果强调,有必要对刑事司法合作的法律框架进行补充,明确界定以下术语:跨境犯罪和具有外国要件的犯罪,以及刑事司法合作背景下的外国要件;这些结果还说明了一个事实,即必须通过一项关于移交刑事诉讼程序的新法律框架。最后,为了成员国之间更有效的合作,有必要探讨一种共同的法律行为解释方式,以促进欧盟刑事事项司法合作文书的正确适用和实施。
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引用次数: 0
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