Socrates最新文献

{"title":"Light electric vehicles have come to stay (problems and regulation in Estonia and Latvia)","authors":"Silvia Kaugia, Annika Lall","doi":"10.25143/socr.26.2023.2.51-57","DOIUrl":"https://doi.org/10.25143/socr.26.2023.2.51-57","url":null,"abstract":"The aim of this article is to create a comparative map of the problems related to light electric vehicles in Estonian andLatvian traffic management and outline some of the planned innovations to their traffic laws. The research problem ofthe article is to find out the main reasons why accidents involving light electric vehicles are so often and so serious.The main methods used are comparative analysis and interpretation of statistical data. The research results concludethat drivers of light cyclists often have poor driving skills, traffic rules are broken when riding a light cyclist in pairs andthere are more drunk drivers among light cyclists compared with other groups of road users. The lack of roads for lightelectric vehicles and the poor quality of the roads used are also major problems.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136168180","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}

{"title":"The impact of Lower Standard of Proof in Proceedings Regarding Criminally Acquired Property","authors":"Andrejs Ņikiforovs, Larisa Saukāne","doi":"10.25143/socr.26.2023.2.43-50","DOIUrl":"https://doi.org/10.25143/socr.26.2023.2.43-50","url":null,"abstract":"In this article, the author highlights the connection between using lower standard of proof in proceedings regardingcriminally acquired property and the possible risk of forfeiture of a person’s legally acquired property. Loopholes in thelegal regulation allow the possibility of unreasonably restricting property rights of a person without establishing wheth-er such a restriction is justified and proportionate. This study analyses the Latvian and foreign literature to understandthe true reason for having lower standard of proof in respect of figuring out the nature of criminally acquired propertyand also analyses certain Latvian court decisions to subject property of unknown origin to confiscation in the absenceof evidence of a direct connection between property and illicit action. The aim of this study is to analyse the negativeimpact of lower standard of proof on protection of property right in specific criminal procedure cases. The main meth-ods used in this study were analytical, comparative, inductive and deductive methods. The result of this study showshow legally acquired property may be put under doubt and be confiscated by the State under lower standard of proofwithout specific guarantees.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136168191","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}

{"title":"Topicalities in Coercive Measures Application Process to Legal Entities in Criminal Proceedings in the Republic of Latvia","authors":"Mārtiņš Jansons","doi":"10.25143/socr.24.2022.3.078-090","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.078-090","url":null,"abstract":"Under conditions of the Covid-19 pandemic and the military operations carried out by the Russian Federation in Ukraine, including the tension between the Western countries and the Russian Federation, the application of coercive means of influence to legal entities in criminal proceedings and peculiarities and problems of the criminal legal regulation related to their application, which hinder or even prevent, have become especially relevant to achieve the goal of the criminal process and lead it to a fair settlement of criminal legal relations. Criminal legal regulation regarding the application of coercive measures to legal entities is periodically improved in order to make the application of coercive measures more effective; however, shortcomings of the criminal legal framework still prevent effective action against legal entities by applying coercive measures to them in practice, as evidenced by the small number of initiated processes on the application of coercive measures for legal entities, which is also indicated by international organisations. The legislator has already started the process of improving the criminal legal framework; however, according to the author, there are a number of gaps in the criminal legal framework that hinder or even prevent application of means of coercive influence on legal entities in criminal proceedings. The purpose of the article is to research national and international criminal law regulation of legal entities criminal liability and identify and analyse problems of the criminal law regulation in the Republic of Latvia at various stages of the process of applying coercive measures to legal entities. General methods of scientific research and methods of legal interpretation have been used in the research. Keywords: legal entities, security measure, coercive measures","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073487","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}

{"title":"Regulation and Its Impact on Innovation in Healthcare: SAMD Case","authors":"Līga Svempe","doi":"10.25143/socr.22.2022.1.043-052","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.043-052","url":null,"abstract":"Digitalisation in healthcare can transform the industry, thus a new product development shall be supported and promoted by stakeholders. Healthcare is also a heavily regulated industry to ensure safety of the end-users – the patients. The aim of this article is to analyse regulation of software as a medical device (SAMD) in Europe in the light of recently introduced Regulation (EU) 2017/745 (MDR). The analysis starts with defining what SAMD is and how it is classified, as well as how the classification has changed according to the new regulation. As the new rules significantly change the classification for most of the SAMDs, their impact on the innovation process is explored from the perspective of the innovators and the market. Furthermore, the regulation of AI solutions in the medtech industry is also explored. The analysis also covers how the SAMD can launch updates to be compliant with the regulatory requirements. Several obstacles in the innovation process have been identified and explored.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072504","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}

{"title":"Modern View of System of Crime Prevention Subjects","authors":"O. Lytvynov, H. Spitsyna, V. Butenko","doi":"10.25143/socr.24.2022.3.011-020","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.011-020","url":null,"abstract":"The article carries out a system-structural analysis of crime prevention subjects as a basic criminological category. The main scientific approaches to the definition of crime prevention subjects have been defined and analysed: as a collection of crime prevention subjects and as a corresponding system of these subjects. Expediency of subjects’ consideration operating in the sphere of crime prevention as a socially determined hierarchical system has been argued. It has been proved that systematic approach to solving this issue allows to determine the place and role of the specified subjects in the general structure of crime prevention, to outline their functional connections, overcome the possible duplication of performed functions and if it is necessary to strengthen the influence on a certain segment of criminogenic factors. The role of citizens as autonomous subjects of crime prevention has been analysed. Expediency of including citizens in the system of crime prevention subjects through the category of citizenship, which in the studied aspect is proposed to be understood as the internal conscientious attitude of a person to the fulfillment of their civic duty in the field of crime prevention, has been determined. The article develops the author’s understanding of the concepts of the subject of crime prevention and the system of crime prevention subjects. The aim of the article is to develop one’s own understanding of the concepts of crime prevention subjects and the system of crime prevention subjects that meet today’s needs. Set of general scientific and special scientific methods of cognition was used for achieving the goal and objectives. The starting point was the dialectical method, according to which all the problematic issues that will be addressed in this article are presented in the form of unity of their content and legal form. The logical and semantic method was used for defining and deepening the conceptual apparatus; sociological (study of official, scientific and bibliographic sources) – while collecting and accumulating scientific information about the object and subject of the research; logical and legal – while developing scientifically substantiated proposals for improvement of current legislation, etc. Keywords: citizens, citizen control, civic duty, crime prevention, subject of crime prevention, system of crime prevention subjects","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073289","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}

{"title":"Valdes locekļa atbrīvošana no atbildības ar dalībnieka lēmumu","authors":"Andrejs Ņikiforovs","doi":"10.25143/socr.22.2022.1.127-137","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.127-137","url":null,"abstract":"The current legislation in force in the Republic of Latvia grants to any member of the board of any capital company wide powers to dispose of the company’s property. The duty to act with the care and diligence of a prudent and careful manager does not allow a CEO to act contrary to the company’s interest. However, if a member of the board has caused damage to the company, they may be released from liability by a lawful resolution of the shareholder. The current study analysed the standard of an honest and careful manager in accordance to Article 169 of the Commercial Law and the obligation to follow this pattern of conduct in order to avoid potential liability for losses. However, a member of the Management Board may also be released from liability if such a decision is taken by the shareholders in accordance with Article 173 of the Commercial Code. Although a decision may obviously release a Member of the Board, such a decision is not binding in all cases. Only if there is a belief that the board member has performed their duties in good faith, they can enjoy the immunity afforded by a decision of a shareholder.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073345","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}

{"title":"Aspects of Contractual Relations in Healthcare","authors":"M. Losevich, A. Laizāns, I. Kudeikina","doi":"10.25143/socr.24.2022.3.091-105","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.091-105","url":null,"abstract":"The article aims to determine the scope and limitations of ethical duties and legal responsibilities of the medical practitioner within the professional-patient relationship (PPR), identify shortcomings of the legal framework and gaps in ethical principles, and propose solutions to them. It argues that in private law the healthcare shares many similarities with conractual law; therefore, the legal basis for physician-patient relationship is the special legal capacity of the contract parties and their free will, but ethical basis ‒ their good faith. One important finding is that physician right and obligation to refuse is an aspect of patient safety and quality of healthcare and has to be acknowledged by ethics and stipulated by law. In addition, it detects that medical professionals are ethically and legally vulnerable and need special protection. All this calls to carving out the proper place of medical practitioners’ professional autonomy and freedom in current legal regulation. Used materials include literature and scientific publications on clinical and research bioethics, contractual and medical law, regulatory enactments, court judgments. Methods used in the study include descriptive, analysis, synthesis, dogmatic, induction and deduction; legal interpretation methods such as grammatical and systemic. Keywords: patient’s rights, physician’s rights, physician’s autonomy, professional-patient relationship, right to refuse, medical liability","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073535","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}

{"title":"Money Laundering Issues and Recent Trends","authors":"Liene Neimane","doi":"10.25143/socr.23.2022.2.096-110","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.096-110","url":null,"abstract":"The legitimate aim of confiscation of property obtained by crime can be defined as the removal of property obtained by crime from the lawful civil circulation to prevent its further circulation and the commission of further criminal offences and to reduce the financial incentive to commit criminal offences. The author’s research into the case law and new trends has led to the conclusion that the qualification of property as criminally acquired requires time and understanding of the application of the relevant rules in practice. The study examines current issues in money laundering cases and recent trends. In many cases, the evidence presented to prove the legal origin of assets is often considered insufficient by the prosecution. In order to develop an understanding of what the proceeds of crime really are, an appropriate institution should be established with relevant economic expertise and understanding of business structure, to name the few. It has been often found that property or other assets are confiscated simply due to the lack of understanding or lacking education, knowledge and practical experience, which leads to unjustified decisions. Thus, assets are considered to be criminally acquired and confiscated for the benefit of the State. In this way, the State itself is put at risk, because sooner or later, a claim for compensation will be brought, as human rights violations are also detected. Keywords: anti-money laundering, money laundering","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073321","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}

{"title":"Principles of Fulfilment of Patient Duties in Medical Treatment","authors":"L. Mazure","doi":"10.25143/socr.22.2022.1.024-032","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.024-032","url":null,"abstract":"Nowadays contract law tends to be applied to the medical treatment contract. This causes the normative value of patient duties to grow, which is also consolidated in the legal system. However, the medical treatment relationship is special, and absolute transfer of the principles of contract law to the medical treatment contract is problematic. Uncertainties and clashes are observed when evaluating the interpretation of the principles of fulfilment of patient duties and the criteria for their application. The pacta sunt servanda principle which dominates in contractual law governing the fulfilment of patient duties is to be adapted, considering the specific features of the medical treatment relationship. The research aim is to analyse the principles of fulfilment of patient duties in medical treatment, find deficiencies in interpretation and application in respect of these principles and propose specific solutions for the improvement of the principles of fulfilment of patient duties. The following primary research methods were used in the study: analytical, systemic, teleological. The result of the study provides evaluation of the principles of fulfilment of patient duties, specifying the circle of persons related to patient duties when these duties are established and terminated, as well as the limits for the fulfilment of patient duties. Based on this evaluation, a proposal is put forward for the improvement of normative regulations.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072869","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}

{"title":"Right to Copy of Medical Records Free of Charge According to Article 15 (3) Sentence 1 of the GDPR vs. Mandatory Reimbursement of Costs by Patient under National Law","authors":"Erik Hahn","doi":"10.25143/socr.23.2022.2.039-050","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.039-050","url":null,"abstract":"The article covers the topic of compatibility of national regulations, which contain an obligation for the patient to reimburse costs for copies from the medical record, with the regulations of the GDPR. The discussion is based on the example of the German regulation in Section 630g (2) of the German Civil Code (BGB) since the German Federal Court of Justice (2022) recently submitted the question of the compatibility of this provision with the GDPR to the ECJ (European Court of Justice) for a preliminary ruling. The study also focuses on Austria, where the Supreme Court of Justice already in 2020 had assumed that the comparable provision in Art. 17a (2) lit. g of the Vienna Hospital Act 1987 could be a permissible restriction within the meaning of Art. 23 (1) lit. e of the GDPR. The article concludes that the request for a copy of the medical record is not “excessive” within the meaning of Art. 12 (5) sentence 2 of the GDPR, although the request did not serve data protection purposes but served to assert claims for damages against the physician. Furthermore, the article assumes that a national provision that requires the patient to bear the costs in any case is not a “necessary and proportionate measure” within the meaning of Art. 23 (1) of the GDPR. However, a restriction of the physician’s obligation to provide copies free of charge based on the wording of Art. 15 (3) sentence 1 of the GDPR might be possible. Keywords: right to copies free of charge, necessary and proportionate national measures, patient’s personal data, medical record, European Court of Justice, German Federal Court of Justice, Austrian Supreme Court of Justice, health law","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69073042","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}