Pub Date : 2023-03-24DOI: 10.25040/medicallaw2023.01.016
T. V. Blashchuk, I. Hushchuk, O. Vivsiannyk
We have studied the existing models of organization of the health care system, their advantages and disadvantages, as well as analyzed the legal framework of the current health care model in Ukraine, and emphasized the need to implement the principle of “Health care in all state policies” in reform ing the sector. We have found that the existing legislation does not ensure systematic protection of the rights and interests of individuals in the field of health care. It needs to be systematized and improved. Therefore, within the framework of discussion on how to systematize legislation in the field of health care, it was proposed to develop and implement the Health Care Code as an act the sub- ject regulation of which is broader than the subject regulation of the Medical Code. Its structure and content were proposed. We have determined that the Health Care Code should consist of 4 sections, namely: General Provisions; Organization and Operation of the Health Care System, regarding proper medical care and health insurance of the population; Section 3 Organization and Operation of the Health Care System in the Field of Public Health, regarding a safe environment for human life and Section 4 Special Part.
{"title":"The Health Care Code аs а Legal Basis for the Reform of the National Health Care System","authors":"T. V. Blashchuk, I. Hushchuk, O. Vivsiannyk","doi":"10.25040/medicallaw2023.01.016","DOIUrl":"https://doi.org/10.25040/medicallaw2023.01.016","url":null,"abstract":"We have studied the existing models of organization of the health care system, their advantages and disadvantages, as well as analyzed the legal framework of the current health care model in Ukraine, and emphasized the need to implement the principle of “Health care in all state policies” in reform ing the sector. \u0000We have found that the existing legislation does not ensure systematic protection of the rights and interests of individuals in the field of health care. It needs to be systematized and improved. Therefore, within the framework of discussion on how to systematize legislation in the field of health care, it was proposed to develop and implement the Health Care Code as an act the sub- ject regulation of which is broader than the subject regulation of the Medical Code. Its structure and content were proposed. \u0000We have determined that the Health Care Code should consist of 4 sections, namely: General Provisions; Organization and Operation of the Health Care System, regarding proper medical care and health insurance of the population; Section 3 Organization and Operation of the Health Care System in the Field of Public Health, regarding a safe environment for human life and Section 4 Special Part.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"131 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41303790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Undoubtedly, one of the leading movements at the global level in the past few decades was the movement for the global and intensive protection of the human environment, that is, the affirmation of the right of man to a healthy environment, as a distinct right. Bearing in mind the importance of a healthy environment and the importance of its protection, which has grown from a social need into a legal imperative, it is certainly justified to establish the environment as an independent and primary collective object of protection within the domestic criminal legislation. Taking into account the tendencies on the international and comparative level regarding the regulation of the criminal law protection of the environment, the domestic legislator dedicates an entire chapter of the Criminal Code precisely to incriminations that have the environment as an object of protection, in various forms. As the first offense provided for in Chapter 24 i.e., Criminal offenses against the environment, the legislator defines the general and most significant criminal offense from the group of criminal offenses against the environment, namely, Environmental pollution. This paper is dedicated to the analysis of this criminal offense in domestic criminal legislation, with reference to individual solutions contained in the legislation of the Republic of Croatia and pointing out their differences.
{"title":"Criminal offense of environmental pollution in the criminal legislation of the Republic of Serbia and the Republic of Croatia","authors":"Branislav Babić, Marija Stanković","doi":"10.5937/ptp2303050b","DOIUrl":"https://doi.org/10.5937/ptp2303050b","url":null,"abstract":"Undoubtedly, one of the leading movements at the global level in the past few decades was the movement for the global and intensive protection of the human environment, that is, the affirmation of the right of man to a healthy environment, as a distinct right. Bearing in mind the importance of a healthy environment and the importance of its protection, which has grown from a social need into a legal imperative, it is certainly justified to establish the environment as an independent and primary collective object of protection within the domestic criminal legislation. Taking into account the tendencies on the international and comparative level regarding the regulation of the criminal law protection of the environment, the domestic legislator dedicates an entire chapter of the Criminal Code precisely to incriminations that have the environment as an object of protection, in various forms. As the first offense provided for in Chapter 24 i.e., Criminal offenses against the environment, the legislator defines the general and most significant criminal offense from the group of criminal offenses against the environment, namely, Environmental pollution. This paper is dedicated to the analysis of this criminal offense in domestic criminal legislation, with reference to individual solutions contained in the legislation of the Republic of Croatia and pointing out their differences.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135213578","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Artificial Intelligence (AI) constitutes one of the most fundamental pillars for the implementation of the EU Digital Agenda. It corresponds to the tremendous ongoing technological evolution which is marked by the spread of the digitalization in both private and public sector. AI tools provide numerous services, such as faster decision-making, performance of multiple tasks and repetitive jobs on our behalf and diagnosis of risky situations. This paper puts a special emphasis on the ChatGPT which is considered the most illustrative representative of the current AI technology. Within a minimal time of its existence this innovative viral chatbot has started to dominate the world of AI. However, its use raises serious legal and ethical risks for our privacy and protection of fundamental rights and freedoms, born by the lack of a binding regulatory framework governing AI. Therefore, at first level, this study focuses on the legal regime which governs the use of ChatGPT, by interpreting the legal status, after giving a short demonstration of its function and services (Section I). Secondly, a critical approach will be pursued focusing on special issues regarding this new AI tool on the basis of its application in practice at the area of journalism (Section II). Following that intense analysis, the paper aims to lead to fruitful and original conclusions with the ultimate goal to enhance the establishment of a powerful, safe and trustful digital environment.
{"title":"ChatGPT: Another step towards the digital era or a threat to fundamental rights and freedoms?","authors":"Konstantinos Kouroupis, Evie Lambrou","doi":"10.5937/ptp2303001k","DOIUrl":"https://doi.org/10.5937/ptp2303001k","url":null,"abstract":"Artificial Intelligence (AI) constitutes one of the most fundamental pillars for the implementation of the EU Digital Agenda. It corresponds to the tremendous ongoing technological evolution which is marked by the spread of the digitalization in both private and public sector. AI tools provide numerous services, such as faster decision-making, performance of multiple tasks and repetitive jobs on our behalf and diagnosis of risky situations. This paper puts a special emphasis on the ChatGPT which is considered the most illustrative representative of the current AI technology. Within a minimal time of its existence this innovative viral chatbot has started to dominate the world of AI. However, its use raises serious legal and ethical risks for our privacy and protection of fundamental rights and freedoms, born by the lack of a binding regulatory framework governing AI. Therefore, at first level, this study focuses on the legal regime which governs the use of ChatGPT, by interpreting the legal status, after giving a short demonstration of its function and services (Section I). Secondly, a critical approach will be pursued focusing on special issues regarding this new AI tool on the basis of its application in practice at the area of journalism (Section II). Following that intense analysis, the paper aims to lead to fruitful and original conclusions with the ultimate goal to enhance the establishment of a powerful, safe and trustful digital environment.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"109 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135214074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Internet law represents one of the youngest branches of law, which emerged from the need to expand the existing and create a new regulatory framework that would regulate the internet and introduce the necessary legal security and protection for its users. Internet Law or Cyber Law is largely intertwined with the Law on Information and Communication Technology, as a legal field which encompasses the regulation of contractual relations established by means of information technology, the right to privacy and data protection, freedom of speech and intellectual property, internet security, copyright on computer program codes and databases, criminal offenses arising from actions on the internet, as well as the tax aspects of online goods and services exchange. In contrast to the broader scope of IT law, Internet law refers to a narrower segment of this legal field related to the internet, regulation of internet management at all levels, management of internet domain names and IP addresses, etc. Internet law (or Cyber law), in a broader sense, encompasses those parts of the legal system and legal domains that are related to the internet and provide protection to its users. To address the issue of domain name registrant liability and determining their identity, it is necessary first to explain the governance structure of the internet and the informational and legal nature of internet domains. Although the internet is often said to be free and belonging to everyone, this complex system does not operate entirely on its own, which means that it is not perfect to the extent that its structure is fully automated. Addressing the topic of internet fraud and educating colleagues and the general public are aimed at preventing fraud. The lack of awareness about how internet scams operate continually leads to new victims, and insufficient knowledge of legal provisions and potential penalties can create potential perpetrators of this crime. When complex topics are explained in simple terms, it represents a significant step in educating individuals, both in the legal and technological aspects from a legal perspective. Such academic work should not deter people from using the Internet, nor should it present an obstacle to progress and the digitization of difficult and time-consuming paperwork obligations. Instead, the objective is to timely educate individuals so that the utilization of the digital world can be integrated into all segments of society as quickly as possible. This will facilitate the functioning of daily life, including business operations, while still remaining within the bounds of legal regulations. Therefore, it is extremely important to educate people on how to avoid internet fraud.
{"title":"Internet fraud","authors":"Jovan Srećković","doi":"10.5937/ptp2303115s","DOIUrl":"https://doi.org/10.5937/ptp2303115s","url":null,"abstract":"Internet law represents one of the youngest branches of law, which emerged from the need to expand the existing and create a new regulatory framework that would regulate the internet and introduce the necessary legal security and protection for its users. Internet Law or Cyber Law is largely intertwined with the Law on Information and Communication Technology, as a legal field which encompasses the regulation of contractual relations established by means of information technology, the right to privacy and data protection, freedom of speech and intellectual property, internet security, copyright on computer program codes and databases, criminal offenses arising from actions on the internet, as well as the tax aspects of online goods and services exchange. In contrast to the broader scope of IT law, Internet law refers to a narrower segment of this legal field related to the internet, regulation of internet management at all levels, management of internet domain names and IP addresses, etc. Internet law (or Cyber law), in a broader sense, encompasses those parts of the legal system and legal domains that are related to the internet and provide protection to its users. To address the issue of domain name registrant liability and determining their identity, it is necessary first to explain the governance structure of the internet and the informational and legal nature of internet domains. Although the internet is often said to be free and belonging to everyone, this complex system does not operate entirely on its own, which means that it is not perfect to the extent that its structure is fully automated. Addressing the topic of internet fraud and educating colleagues and the general public are aimed at preventing fraud. The lack of awareness about how internet scams operate continually leads to new victims, and insufficient knowledge of legal provisions and potential penalties can create potential perpetrators of this crime. When complex topics are explained in simple terms, it represents a significant step in educating individuals, both in the legal and technological aspects from a legal perspective. Such academic work should not deter people from using the Internet, nor should it present an obstacle to progress and the digitization of difficult and time-consuming paperwork obligations. Instead, the objective is to timely educate individuals so that the utilization of the digital world can be integrated into all segments of society as quickly as possible. This will facilitate the functioning of daily life, including business operations, while still remaining within the bounds of legal regulations. Therefore, it is extremely important to educate people on how to avoid internet fraud.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134884188","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Negotiorum gestio is a legal institute that originates from Roman law. It still exists today and in the legal literature we find a term that defines it as: the unauthorized performance of another's affairs, i.e., agency without authority. The institute of negotiorum gestio has been continuously used and is the subject of legal regulation in most countries of the continental, European legal systems, including the law of the Republic of Serbia, for more than two millennia. The aim of this paper is to compare the solutions from Roman and contemporary law of obligations using the normative, descriptive, comparative and analytical-synthetic scientific methods. The paper is divided into three parts: the first part, which deals with the Roman understanding of the negotiorum gestio institute, the second part, which presents the current solutions regarding this institute contained in the Law of Contract and Torts of the Republic of Serbia, and the third part, which, using a comparative and the historical method, draws conclusions about whether current solutions contained in contemporary law are better than those that were applied in the ancient period.
{"title":"Negotiorum gestio: Roman foundations of unauthorized management of another's affairs in Serbian civil law","authors":"Nenad Stefanović","doi":"10.5937/ptp2303019s","DOIUrl":"https://doi.org/10.5937/ptp2303019s","url":null,"abstract":"Negotiorum gestio is a legal institute that originates from Roman law. It still exists today and in the legal literature we find a term that defines it as: the unauthorized performance of another's affairs, i.e., agency without authority. The institute of negotiorum gestio has been continuously used and is the subject of legal regulation in most countries of the continental, European legal systems, including the law of the Republic of Serbia, for more than two millennia. The aim of this paper is to compare the solutions from Roman and contemporary law of obligations using the normative, descriptive, comparative and analytical-synthetic scientific methods. The paper is divided into three parts: the first part, which deals with the Roman understanding of the negotiorum gestio institute, the second part, which presents the current solutions regarding this institute contained in the Law of Contract and Torts of the Republic of Serbia, and the third part, which, using a comparative and the historical method, draws conclusions about whether current solutions contained in contemporary law are better than those that were applied in the ancient period.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135213594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU's strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU's single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive user-friendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company's life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digital world and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.
{"title":"The significance of Directive 2019/1151 in the digitalization of European Union company law","authors":"Nina Maksimović-Sekulić","doi":"10.5937/ptp2303068m","DOIUrl":"https://doi.org/10.5937/ptp2303068m","url":null,"abstract":"With the rapid development of information and communication technologies in the EU, the establishment of the digital single market through the EU's strategy has allowed for fair market competition using the internet by both individuals (natural persons) and legal entities. However, regulatory disparities among EU member states have posed challenges for businesses engaged in cross-border activities within the EU's single market. There are big differences among member states in terms of the availability of internet tools that enable entrepreneurs and companies to communicate with competent bodies regarding issues related to their business. Furthermore, e-government services differ among member states. Some member states offer comprehensive user-friendly services entirely online, while others struggle to provide digital solutions at crucial stages of a company's life cycle. In certain EU member states, the establishment of a company or the submission of document and information amendments to the register are only allowed in person, or in person or electronically, while in some member states this can only be done electronically. Digitalization was supposed to simplify the procedures for establishing business entities and enable free business establishment at the EU level. The aim of this paper is to analyze the legislative framework at the EU level, which should facilitate business operations in the digital world and provide security to participants in the European single market, with a special focus on EU Directive 2019/1151.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135213871","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Constitution of the Republic of Serbia contains a large number of provisions on human rights and freedoms. The Constitution guarantees all three generations of rights. Articles 28 and 29 of the Constitution regulate the following rights: Dealing with a person deprived of liberty and Supplementary rights in case of deprivation of liberty without a court decision. Basing the provisions on the aforementioned articles of the Constitution, the criminal procedure legislation has regulated in detail the matter of dealing with persons in custody. After a detailed analysis of the rules of treatment of persons in detention, it has been concluded that it is not about any specific rights or rules, but only about the realization of the basic guaranteed rights that every citizen should enjoy, regardless of their status. Bearing in mind the topic, the paper analyzes the development and conceptual definition of human and minority rights. Some characteristic provisions of the Constitution related to the topic of the paper were also analyzed, and then an overview was made of the legal provisions in Serbia on the treatment of persons who are in detention, and which have their basis precisely in the provisions of the Constitution.
{"title":"Protection of human and minority rights in the Constitution of Serbia with reference to the legal provisions on the treatment of persons in detention","authors":"Dejan Logarušić, Darko Golić","doi":"10.5937/ptp2303032l","DOIUrl":"https://doi.org/10.5937/ptp2303032l","url":null,"abstract":"The Constitution of the Republic of Serbia contains a large number of provisions on human rights and freedoms. The Constitution guarantees all three generations of rights. Articles 28 and 29 of the Constitution regulate the following rights: Dealing with a person deprived of liberty and Supplementary rights in case of deprivation of liberty without a court decision. Basing the provisions on the aforementioned articles of the Constitution, the criminal procedure legislation has regulated in detail the matter of dealing with persons in custody. After a detailed analysis of the rules of treatment of persons in detention, it has been concluded that it is not about any specific rights or rules, but only about the realization of the basic guaranteed rights that every citizen should enjoy, regardless of their status. Bearing in mind the topic, the paper analyzes the development and conceptual definition of human and minority rights. Some characteristic provisions of the Constitution related to the topic of the paper were also analyzed, and then an overview was made of the legal provisions in Serbia on the treatment of persons who are in detention, and which have their basis precisely in the provisions of the Constitution.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135213857","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Trade, as a form of commodity-money relations, has a long history. It begins with the first forms of exchange of goods for money and other valuables. Given that the purpose of trade is the acquisition of profit based on the sale and purchase of goods and services, this activity undoubtedly enabled the commercial class of society to accumulate significant wealth. This is why merchants are considered to be among the wealthiest people in the society, from the beginning of the first states, up to the present day. However, trading often represents an 'ideal' way of acquiring illegal gains, which can rapidly increase if it is carried out over a long period of time. The suppression of various forms of illegal trade is carried out at the legal and institutional level. Hence, regulations in this field can be classified into basic ones (governing trading activities), criminal ones (specifying particular criminal offenses), and misdemeanor ones (prescribing penalties for legal entities and individuals). The legal peculiarity in regulating trade, including its legal forms, lies in the extensive catalog of different procedures. In the field of criminal law, there is an independent criminal offense of the same name with multiple forms. In our country, judicial practice is full of various cases in which the criminal ingenuity of the actors of illegal trade is especially manifested. The inspection authorities are the society's first line of defense against various forms of illicit trade. In the process of carrying out regular and extraordinary supervision, they observe and initiate investigation into the responsibility for offenses in the domain of illegal trade. In the field of criminal law, there is an independent criminal offense of the same name, which has several forms. Consequently, this paper gives an overview of the legal mechanisms for suppressing illegal trade in our country.
{"title":"Illegal trade in criminal law","authors":"Zoran Matić, Mladen Ćeranić","doi":"10.5937/ptp2303081m","DOIUrl":"https://doi.org/10.5937/ptp2303081m","url":null,"abstract":"Trade, as a form of commodity-money relations, has a long history. It begins with the first forms of exchange of goods for money and other valuables. Given that the purpose of trade is the acquisition of profit based on the sale and purchase of goods and services, this activity undoubtedly enabled the commercial class of society to accumulate significant wealth. This is why merchants are considered to be among the wealthiest people in the society, from the beginning of the first states, up to the present day. However, trading often represents an 'ideal' way of acquiring illegal gains, which can rapidly increase if it is carried out over a long period of time. The suppression of various forms of illegal trade is carried out at the legal and institutional level. Hence, regulations in this field can be classified into basic ones (governing trading activities), criminal ones (specifying particular criminal offenses), and misdemeanor ones (prescribing penalties for legal entities and individuals). The legal peculiarity in regulating trade, including its legal forms, lies in the extensive catalog of different procedures. In the field of criminal law, there is an independent criminal offense of the same name with multiple forms. In our country, judicial practice is full of various cases in which the criminal ingenuity of the actors of illegal trade is especially manifested. The inspection authorities are the society's first line of defense against various forms of illicit trade. In the process of carrying out regular and extraordinary supervision, they observe and initiate investigation into the responsibility for offenses in the domain of illegal trade. In the field of criminal law, there is an independent criminal offense of the same name, which has several forms. Consequently, this paper gives an overview of the legal mechanisms for suppressing illegal trade in our country.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135214084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
When bankruptcy proceedings are initiated by an employer, that often leads to uncertainty and problems for its employees. One of the biggest problems in this kind of situation is the protection of employees' claims arising from the employment relationship. Employees have the right to the payment of their claims arising from the employment relationship, such as unpaid wages, transportation allowances, meal allowances, holiday bonuses and the alike. However, in the case of the employer's bankruptcy, these claims are at risk, and there is a possibility that employees may not be able to fully collect them, which compromises the fundamental principles of labor legislation. For this reason, the state intervenes to protect monetary claims arising from employment. The primary mechanism involves granting privileged creditor status with priority claims, along with mechanisms to protect these claims through a special guarantee institution. If there was no such intervention by the state, the realization of those rights would be difficult. However, even with state intervention, the realization of these rights is not guaranteed. In this regard, this paper will examine models for protecting employees' claims in the event of bankruptcy, while identifying practical problems in this field.
{"title":"Legal regime for the protection of employees' claims in the case of employer's bankruptcy in the Republic of Serbia","authors":"Vladimir Radovanović","doi":"10.5937/ptp2303094r","DOIUrl":"https://doi.org/10.5937/ptp2303094r","url":null,"abstract":"When bankruptcy proceedings are initiated by an employer, that often leads to uncertainty and problems for its employees. One of the biggest problems in this kind of situation is the protection of employees' claims arising from the employment relationship. Employees have the right to the payment of their claims arising from the employment relationship, such as unpaid wages, transportation allowances, meal allowances, holiday bonuses and the alike. However, in the case of the employer's bankruptcy, these claims are at risk, and there is a possibility that employees may not be able to fully collect them, which compromises the fundamental principles of labor legislation. For this reason, the state intervenes to protect monetary claims arising from employment. The primary mechanism involves granting privileged creditor status with priority claims, along with mechanisms to protect these claims through a special guarantee institution. If there was no such intervention by the state, the realization of those rights would be difficult. However, even with state intervention, the realization of these rights is not guaranteed. In this regard, this paper will examine models for protecting employees' claims in the event of bankruptcy, while identifying practical problems in this field.","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134883496","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-13DOI: 10.25040/medicallaw2022.02.024
V. H. Galchynskyi, S. V. Galchynskyi
The article contains the analysis of Ukrainian and EU legislation in the sphere of anatomic material transplantation. In particular, the authors have conducted an analysis of the comprehension apparatus novels, the peculiarities of a unique donor and recipient coordination system, as well as the question of funding transplantation operations and the permission to conduct transplantation-related activities in Ukraine for healthcare and scientific institutions. The authors have thoroughly researched the issues of the rights and obligations of the transplant-coordinator, the constraint of sanctions in the Criminal Code of Ukraine in order to avert illegal anatomic material transplantation, the requirements to the «expungement database» and «transplantation center», the rights and social security of a living donor and the members of his/her family. The authors have also established that the legislation of the EU states demonstrates a divergence in applying the presumption of consent and presumption of non-consent on a posthumous donation; the EU legislation presupposes uniform requirements relating to the informational procedures for a transborder exchange of human organs, which are determined for transplantation between the EU states; the EU Directives have established the standards of quality and security of the organs within all the stages of transplantation, and the example for improving transplantology in the world is the «Spanish Model».
{"title":"Problems of Legal Regulation of Organ Transplantation in Ukraine and EU","authors":"V. H. Galchynskyi, S. V. Galchynskyi","doi":"10.25040/medicallaw2022.02.024","DOIUrl":"https://doi.org/10.25040/medicallaw2022.02.024","url":null,"abstract":"The article contains the analysis of Ukrainian and EU legislation in the sphere of anatomic material transplantation. In particular, the authors have conducted an analysis of the comprehension apparatus novels, the peculiarities of a unique donor and recipient coordination system, as well as the question of funding transplantation operations and the permission to conduct transplantation-related activities in Ukraine for healthcare and scientific institutions. The authors have thoroughly researched the issues of the rights and obligations of the transplant-coordinator, the constraint of sanctions in the Criminal Code of Ukraine in order to avert illegal anatomic material transplantation, the requirements to the «expungement database» and «transplantation center», the rights and social security of a living donor and the members of his/her family. The authors have also established that the legislation of the EU states demonstrates a divergence in applying the presumption of consent and presumption of non-consent on a posthumous donation; the EU legislation presupposes uniform requirements relating to the informational procedures for a transborder exchange of human organs, which are determined for transplantation between the EU states; the EU Directives have established the standards of quality and security of the organs within all the stages of transplantation, and the example for improving transplantology in the world is the «Spanish Model».","PeriodicalId":91928,"journal":{"name":"Medychne pravo","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48254585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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