法医兽医检验中兽医护理缺陷现象的认识论建构学说

Ivan Yatsenko
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引用次数: 0

摘要

为了证明兽医专业人员对动物健康造成危害的罪行,兽医法医鉴定发挥着重要作用,因为专家意见是法律程序中的证据来源,有助于执法机构或法院正确定性罪行,并确定兽医专业人员的某些行为是否符合现行法律规定。然而,在乌克兰的科学资料中,对兽医护理缺陷问题的研究并未得到应有的重视。本研究旨在对 "兽医护理缺陷 "的概念进行定义,确定兽医法医检查中这一现象的征兆,对缺陷类型进行分类并给出其特征。由于工作主题的特殊性,研究的方法论基础是系统方法,涉及使用一般科学方法和特殊科学方法,包括分析、综合、类比;逻辑和语义方法;系统和结构方法;建模方法;比较法律方法。事实证明,提供兽医护理中的缺陷应被视为兽医专业人员执行诊断、治疗、战术、复苏、康复和其他程序不当,执行预防措施不当,以及履行专业职责不当或未履行专业职责,导致或可能导致动物以健康失调(疾病、伤害、残缺等)的形式出现不良后果或造成死亡的情况。作者提出了 "兽医不履行或不适当履行专业职责"、"兽医执业事故 "和 "兽医执业专业错误 "的概念定义,并概述了其征兆。研究表明,兽医护理缺陷可由客观和主观因素造成。提出了兽医护理缺陷的分类方法:按兽医护理的阶段、兽医护理的要素和性质、法律依据进行分类。这项研究的实际意义在于,它为兽医法医检查期间确定兽医护理缺陷的方法奠定了基础。
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Epistemological construction doctrine of the veterinary care defect phenomenon in forensic veterinary examination
To prove the guilt of a veterinary professional in causing harm to animal health, forensic veterinary examination plays an important role, as the expert’s opinion is a source of evidence in legal proceedings that helps law enforcement agencies or the court to correctly qualify the offence and establish the compliance of certain actions of a veterinary professional with the current legislation. However, the study of the problem of defects in veterinary care is not properly covered in Ukrainian scientific sources. The research aims to formulate a definition of the concept of “defects in veterinary care”, to identify the signs of this phenomenon in the aspect of forensic veterinary examination, to propose a classification of types of defects and to give their characteristics. The methodological basis of the study is a systematic approach due to the specifics of the topic of the work and involving the use of general scientific and special scientific methods, including analysis, synthesis, analogy; logical and semantic method; systemic and structural method; modelling method; comparative legal method. It is proved that a defect in the provision of veterinary care should be considered a situation where a veterinary professional performs poorly diagnostic, therapeutic, tactical, resuscitation, rehabilitation and other procedures, carries out preventive measures, and also performs professional duties improperly or fails to perform them, which causes or may cause negative consequences for the animal(s) in the form of a health disorder (disease, injury, mutilation, etc.) or cause death. The author’s definitions of the concepts of “non-performance or improper performance of professional duties by a veterinary practitioner”, “accident in veterinary practice”, and “professional error in veterinary practice” are proposed and their signs are outlined. It is shown that defects in veterinary care can be caused by both objective and subjective factors. A classification of defects in veterinary care is proposed: by stages of veterinary care, elements and nature of veterinary care, and legal basis. The practical significance of the study is that it forms the basis of the methodology for determining defects in veterinary care during forensic veterinary examination
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