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Problems and Opportunities for Improvement of Legal Framework for Provision of Telemedicine Services: Experience of the Republic of Latvia and Ukraine 改进提供远程医疗服务法律框架的问题和机遇:拉脱维亚共和国和乌克兰的经验
Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.015-027
Elza Timule, Artūrs Žukovs, N. Filipenko, H. Spitsyna
In recent years technological progress has had a huge impact on healthcare sector. New products, services are becoming popular among patients and healthcare providers. Long waiting periods, to see healthcare specialists and COVID-19 pandemics have influenced the situation as well. As a result of the COVID-19 pandemic, there was a need for non-contact healthcare due to prevalence and infectivity of the disease, which has led to active provision of remote healthcare, both for COVID-19 patients and remote consultations. The aim of the article is to analyse the international regulatory framework of telemedicine, problems, and opportunities for Improvement of the Legal Framework for the Provision of Telemedicine Services. The article will analyse both national regulatory framework of Latvia and Ukraine. Keywords: law, medical technologies, patients’ rights, telemedicine
近年来,技术进步对医疗保健部门产生了巨大影响。新产品、新服务越来越受到患者和医疗保健提供者的欢迎。等待时间长、看医疗专家和COVID-19大流行也影响了这种情况。由于COVID-19大流行,由于疾病的流行和传染性,需要非接触式医疗保健,这导致积极为COVID-19患者提供远程医疗保健和远程咨询。本文的目的是分析远程医疗的国际监管框架、问题和改进远程医疗服务提供法律框架的机会。本文将分析拉脱维亚和乌克兰的国家监管框架。关键词:法律,医疗技术,患者权利,远程医疗
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引用次数: 0
Diagnosis of Rare but Dangerous Diseases in Primary Telephone Consultation 初级电话会诊中罕见危险疾病的诊断
Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.028-038
V. Justickis
Primary telephone consultation provides the patient with the opportunity to make a phone call and receive medical information between the onset of the first symptoms of the disease and their first visit to the doctor. This creates an opportunity to speed up the moment when the patient receives the first qualified help and thereby increases the success of further treatment. This is especially important in the case of the so-called “must not miss” diseases. These are the most dangerous, albeit rare, diseases in which early detection and treatment is a decisive factor in the success of treatment. However, telephone consultations can also create new problems, the most important of which is related to the fact that in such process the doctor has only the data that can be obtained by interviewing the patient. This is fraught with an increased risk of medical error. This danger is especially great in the case of “must not miss” diseases, in which only at the very early stage there are serious chances to stop the progression of the disease. The article discusses ways to solve this problem – the requirements that must be met by the organisation of a consultation in order to maximise the use of the possibilities of telephone consultation in these conditions for the timely detection of “must not miss” diseases. The problems of harmonising these requirements with the organisational and economic conditions in which telephone consultation is carried out are discussed. Keywords: doctor’s responsibility, primary telephone consultation, rare but dangerous diseases
初级电话咨询使患者有机会在出现疾病的最初症状和第一次去看医生之间拨打电话并获得医疗信息。这创造了一个机会,可以加快患者接受第一次合格帮助的时刻,从而提高进一步治疗的成功率。这在所谓的“不能错过”疾病的情况下尤为重要。这些是最危险的疾病,尽管罕见,早期发现和治疗是治疗成功的决定性因素。然而,电话咨询也会产生新的问题,其中最重要的问题是,在这种过程中,医生只有通过与病人面谈获得的数据。这就增加了医疗失误的风险。这种危险在“不能错过”的疾病中尤其严重,因为只有在非常早期的阶段才有严重的机会阻止疾病的发展。这篇文章讨论了解决这一问题的方法——组织咨询必须满足的要求,以便在这些条件下最大限度地利用电话咨询的可能性,及时发现"不能错过的"疾病。讨论了将这些要求与进行电话咨询的组织和经济条件相协调的问题。关键词:医生责任,初级电话会诊,罕见危险疾病
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引用次数: 0
Problems of Solving Property Issues in Criminal Proceedings in Latvia 拉脱维亚刑事诉讼中财产问题的解决
Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.106-118
Jekaterina Sredņakova, Marina Sumbarova
The need to achieve a fair settlement of criminal law relations in criminal proceedings quite often requires provision of a solution to property issues. Property issues affecting a person’s property, possession and unsufruct rights are also relevant within the framework of criminal proceedings. Property issues in criminal proceedings and related actions are regulated by the Criminal Procedure Law, to which the sixth section of the Law is devoted, entitled “Property issues in criminal proceedings”. Turning to the content chapter, it deals with property issues related to compensation for damage caused by criminal offences, disposition of property obtained by crime, institute for ensuring resolution of property issues, as well as procedural expenses and their reimbursement. The aim of the article is to research regulation of property issues in pre-trial investigations within the framework of the Criminal Procedure Law and in relation to other regulatory enactments and to evaluate application of the regulation established by law in practice and the problems related to application of the existing regulation. Within the framework of the research, such main methods were used as the analytical method and the comparative method. As the result of the research, an existing problem has been identified, suggestions and insights have been provided in the field of settlement of property issues. Keywords: Criminal Procedure Law, criminal proceedings, protection of property, resolution of property issues in criminal proceedings, seizure of property
在刑事诉讼中实现公平解决刑法关系的需要往往要求对财产问题提供解决办法。影响一个人的财产、占有和未受继承权的财产问题在刑事诉讼的框架内也具有相关性。刑事诉讼中的财产问题和有关诉讼是由《刑事诉讼法》规定的,《刑事诉讼法》第6节专门讨论这一问题,题为“刑事诉讼中的财产问题”。在内容部分,论述了刑事损害赔偿、犯罪所得财产处理、财产问题解决保障机制、诉讼费用及其报销等方面的财产问题。本文的目的是在《刑事诉讼法》的框架内,结合其他法律法规对审前侦查中财产问题的规制进行研究,并对法律规定在实践中的适用以及现行规定在适用中存在的问题进行评价。在研究框架内,主要采用了分析法和比较法。通过研究,发现了我国在财产问题解决领域存在的问题,并提出了建议和见解。关键词:刑事诉讼法,刑事诉讼,财产保护,刑事诉讼中财产问题的解决,财产扣押
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引用次数: 0
Applicability of International Law in Cyberspace: Positions by Estonia and Latvia 国际法在网络空间的适用性:爱沙尼亚和拉脱维亚的立场
Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.030-040
Laura Done
The study focuses on applicability of international law in cyberspace, particularly on the global processes at the United Nations Committee on Disarmament and International Security and analyses whether and how Estonia and Latvia understand and explain the application of international law to the states’ conduct in cyberspace. The aim of the study is to provide qualitative and comparative analysis on what national positions Estonia and Latvia have on applicability of international law in cyberspace and how these opinions are reflected in their national cybersecurity strategies and national statements. The article assesses the efforts by Estonia and Latvia to promote understanding on how international law applies in cyberspace. These efforts are analysed from foreign policy perspective. The article also argues why it is crucial to promote such an understanding; however, it does not discuss or interpret legal concepts. The article concludes with a comparison of the cases of Estonia and Latvia. The result of the research indicates that Estonia has been more active than Latvia in terms of defining and promoting its official position on applicability of international law in cyberspace. Latvia has not yet provided detailed positions on applicability of international law in cyberspace. Keywords: cybersecurity, cyberspace, international law, international security, international society
该研究侧重于国际法在网络空间中的适用性,特别是联合国裁军和国际安全委员会的全球进程,并分析爱沙尼亚和拉脱维亚是否以及如何理解和解释国际法在网络空间中对国家行为的适用。该研究的目的是对爱沙尼亚和拉脱维亚在网络空间国际法适用性方面的国家立场以及这些观点如何反映在其国家网络安全战略和国家声明中提供定性和比较分析。本文评估了爱沙尼亚和拉脱维亚为促进对国际法如何适用于网络空间的理解所做的努力。本文从外交政策的角度分析了这些努力。文章还论证了为什么促进这种理解是至关重要的;然而,它不讨论或解释法律概念。文章最后对爱沙尼亚和拉脱维亚的案例进行了比较。研究结果表明,爱沙尼亚在界定和促进其关于国际法在网络空间适用性的官方立场方面比拉脱维亚更为积极。拉脱维亚尚未就国际法在网络空间的适用性问题提供详细立场。关键词:网络安全,网络空间,国际法,国际安全,国际社会
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引用次数: 0
Erasure and Anonymisation of Personal Data in Context of General Data Protection Regulation 在一般资料保护规例下的个人资料的删除及匿名化
Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.114-126
Žaklīna Ieviņa
Many controllers have a desire to be able to continue using personal data instead of deleting them after the processing purpose has been fulfilled. The discussion regularly arises whether the erasure of personal data is required by the General Data Protection Regulation (GDPR) and whether it can also happen by anonymising the data. This article examines how the GDPR regulates the two terms of “erasure” and “anonymisation” as well as what requirements are demanded by using any of these in the personal data lifecycle. An obligation to delete personal data always requires personal data. In the case of anonymous data, erasure is not required and cannot be claimed. The question to be examined and discussed in the article is therefore: If personal data exist and there is a claim for erasure, can the obligation to erase be fulfilled by anonymising the personal data? Such question has not yet been addressed in the case law and has only been examined to a limited extent in the literature by different authors with no exact court ruling. Some authors state that the question can be answered in such a way that an obligation to delete can also be fulfilled by anonymising the data (Dierks & Roßnagel, 2021; Taeger & Gabel, 2021); meanwhile, others consider that anonymisation cannot be considered as data erasure. The answer to this question is important because it determines whether large data processors are allowed to keep data that they would have to delete and use in anonymised form for Big Data analysis or Artificial Intelligence applications that are an integral part of the world of technology.
许多控制者希望能够继续使用个人数据,而不是在处理目的完成后将其删除。一般数据保护条例(GDPR)是否要求删除个人数据,以及是否也可以通过匿名数据来实现。本文将探讨GDPR如何规范“擦除”和“匿名化”这两个术语,以及在个人数据生命周期中使用这两个术语需要满足哪些要求。删除个人资料的义务总是需要提供个人资料。在匿名数据的情况下,不需要擦除,也不能声明。因此,本文要审查和讨论的问题是:如果个人数据存在,并且有人要求删除,是否可以通过对个人数据进行匿名处理来履行删除义务?这一问题尚未在判例法中得到解决,只是在文献中由不同的作者进行了有限程度的审查,没有确切的法院裁决。一些作者指出,可以这样回答这个问题,即通过匿名数据也可以履行删除义务(Dierks & Roßnagel, 2021;Taeger & Gabel, 2021);同时,也有人认为匿名不能被认为是数据擦除。这个问题的答案很重要,因为它决定了大型数据处理器是否被允许保留它们必须删除的数据,并以匿名形式用于大数据分析或人工智能应用,这是技术世界不可或缺的一部分。
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引用次数: 1
Challenges of Digitalisation in Judicial System 司法系统数字化的挑战
Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.051-060
Irēna Kucina
Digitalisation opens the debate on the fundamental principle of a democratic society: legitimacy of decisions. There is a relationship of trust between a society living in a law-governed legal area and a judge based on the expectation that the relationship between the individual and the state is governed by a public contract that defines the rights and obligations of all parties involved to represent the common interest. The aim of the study is to detect challenges of digitalisation in judicial system and define whether it is possible to include a decision algorithm in such a public contract and what innovations that guarantee efficiency, legal certainty and access to justice could be. Keywords: artificial intelligence, judicial system, litigation, fundamental rights, fair trial
数字化开启了关于民主社会基本原则的辩论:决策的合法性。生活在受法律管辖的法律领域的社会与法官之间存在一种信任关系,这种信任关系基于这样一种期望:个人与国家之间的关系受公共契约的支配,该契约界定了代表共同利益的各方的权利和义务。该研究的目的是检测司法系统中数字化的挑战,并确定是否有可能在这样的公共合同中包含决策算法,以及哪些创新可以保证效率、法律确定性和诉诸司法。关键词:人工智能,司法制度,诉讼,基本权利,公平审判
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引用次数: 1
Sanctions as Means of Security in Registering Information on Beneficial Owners in the Register of Enterprises 制裁作为在企业登记册中登记实益拥有人信息的保障手段
Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.145-155
Diāna Bukēviča
This research examines the place of sanctions as a means of security in the legal framework of the Republic of Latvia. Specifically, relation between the sanctions as a legal impediment and registration of beneficial owners by the Register of Enterprises has been analysed as the central problematic. The aim of this research is to evaluate effectiveness of the provisions of law with respect to sanctions as a legal impediment in registering beneficial owners in Latvia and argue for a necessity to introduce amendments for elaboration thereof. In order to achieve the aim, such research methods as analysis of relevant legal norms on sanctions, legal impediments to registration of beneficial owners and competence of the Register of Enterprises have been applied. To supplement arguments of the research, a number of case studies have been used to illustrate the current practice of the Register of Enterprises in registering information on sanctioned beneficial owners. Eventual findings of the research lead to a conclusion that legal framework on sanctions regarding registration of information on beneficial owners needs serious amendments to improve its effectiveness and accordance with latest international developments. The results of this research underline the necessity to define sanctions as a means of security in the Law on the Enterprise Register of the Republic of Latvia, so as to clarify the competence of the Register of Enterprises. Keywords: beneficial owners, civil legal restrictions, means of security, public register, Register of Enterprises, sanctions
这项研究审查了制裁作为一种安全手段在拉脱维亚共和国法律框架中的地位。具体来说,作为法律障碍的制裁与企业登记册登记实益拥有人之间的关系被分析为中心问题。这项研究的目的是评价有关制裁作为在拉脱维亚登记受益所有人的法律障碍的法律规定的效力,并论证有必要提出修正案以详细说明这些规定。为了实现这一目标,本文采用了分析制裁相关法律规范、实益拥有人登记的法律障碍和企业登记册权限等研究方法。为了补充研究的论点,本文使用了一些案例研究来说明企业登记册在登记受制裁的受益所有人信息方面的现行做法。研究的最终结果得出的结论是,有关实益拥有人资料登记的制裁法律框架需要认真修订,以提高其效力并符合最新的国际发展。这项研究的结果强调有必要在《拉脱维亚共和国企业登记法》中将制裁界定为一种安全手段,以便澄清企业登记法的权限。关键词:受益所有人,民事法律限制,担保手段,公登记,企业登记,制裁
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引用次数: 0
Digital Forensics and Criminal Policy: Latvian–Ukrainian perspective 数字取证和刑事政策:拉脱维亚-乌克兰视角
Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.140-149
A. Zīle, A. Vilks, A. Polianskyi
Digital forensics and criminal policy are undergoing transformational processes related to technological development. In order to speed up the development of relevant knowledge and skills, a training process is intensively planned, which is characterised by a flexible approach to learning information. Learning digital forensics has certain challenges that both practising experts and future experts face. Therefore, in order to promote the development of this knowledge, it is important to offer international experience and knowledge transfer, including using open educational resources. The aforementioned would allow interested parties to gain in-depth knowledge in the field of digital forensics using the approach of different countries both in theory and in practice. The purpose of the article is to outline the role of digital forensics in modern life, as well as to emphasise its connection with the implementation of criminal policy. The article will examine the point of view of both Latvia and Ukraine on the development of digital forensics in interaction with the creation of forensics. Keywords: digital forensic, open education, science
数字取证和刑事政策正在经历与技术发展相关的转型过程。为了加快有关知识和技能的发展,密集规划了一个训练过程,其特点是灵活地学习资料。学习数字取证对执业专家和未来专家都有一定的挑战。因此,为了促进这一知识的发展,重要的是提供国际经验和知识转移,包括开放教育资源的使用。上述内容将使感兴趣的各方能够利用不同国家在理论和实践方面的方法获得数字取证领域的深入知识。本文的目的是概述数字取证在现代生活中的作用,并强调其与刑事政策实施的联系。本文将研究拉脱维亚和乌克兰对数字取证的发展与取证的创造相互作用的观点。关键词:数字取证,开放教育,科学
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引用次数: 0
Directions for Improving Legal Support of Vocational Training of Forensic Experts in Ukraine 改善乌克兰法医职业培训法律支持的方向
Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.062-075
O. Kurdes
Current Regulations on Central Expert Qualification Commission under the Ministry of Justice of Ukraine and certification of forensic experts establishing the procedure for conducting professional training of forensic experts have been analysed. Necessity of elaboration and adoption of a separate legal regulation that should regulate all components of professional training procedure of forensic experts has been proved. Directions of development of professional training system of forensic experts have been indicated: traditional system of training that consists of two parts: professional training in higher education and postgraduate education majoring in Forensic Science. A new type of structure of postgraduate education of forensic experts has been proposed that should consist of initial professional training, advanced training, retraining and specialised training. In order to adapt to new working conditions and accelerate professional training of experts, the need to introduce the institute of mentoring has been emphasised. Given the specifics of forensic science activities associated with psychological stress while forensic research, emphasis has been placed on psychological training introduction. The ways of reforming structure of subjects of administrative and legal support of professional training of forensic experts have been indicated.
对现行的《乌克兰司法部中央专家资格委员会条例》和确定法医专家专业培训程序的法医专家认证条例进行了分析。已经证明有必要制定和通过一项单独的法律条例,以规范法医专家专业培训程序的所有组成部分。指出了法医学专业人才培养体系的发展方向:传统的法医学专业人才培养体系由高等教育专业人才培养和法医学专业研究生教育两部分组成。提出了一种由初级专业培训、高级培训、再培训和专业培训组成的新型法医研究生教育结构。为了适应新的工作条件和加快对专家的专业培训,强调有必要设立师徒制度。鉴于法医科学活动在法医研究中与心理压力有关的特点,重点放在心理训练的介绍上。指出了司法鉴定专业培训行政和法律支持主体结构改革的途径。
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引用次数: 0
Forensic Psychology Expertise in Legislation and Case Law of Estonia: Based on Physiological Affect 爱沙尼亚立法和判例法中的法医心理学专业知识:基于生理影响
Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.076-088
Silvia Kaugia, Lembit Auväärt
Expertise is the study and solution of a professional issue or the expression of an opinion on it by an expert. In procedural law, expertise means examination of materials to establish factual information. Expert examination is performed by an expert and the research results are formalised in an expert report. Circumstances established in the course of expert examination, which have been fixed in accordance with the procedure prescribed by procedural law, are the evidence in the preliminary investigation and in court resolution procedures.
专业知识是专家对专业问题的研究和解决,或对该问题发表意见。在程序法中,鉴定是指审查材料以确定事实信息。专家检查由专家执行,研究结果在专家报告中正式确定。根据程序法规定的程序确定的在专家鉴定过程中确定的情况,是初步调查和法庭决议程序中的证据。
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引用次数: 0
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