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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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.015-027

Elza Timule, Artūrs Žukovs, N. Filipenko, H. Spitsyna

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.028-038

V. Justickis

{"title":"Diagnosis of Rare but Dangerous Diseases in Primary Telephone Consultation","authors":"V. Justickis","doi":"10.25143/socr.23.2022.2.028-038","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.028-038","url":null,"abstract":"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","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":"69073017","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}

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.106-118

Jekaterina Sredņakova, Marina Sumbarova

{"title":"Problems of Solving Property Issues in Criminal Proceedings in Latvia","authors":"Jekaterina Sredņakova, Marina Sumbarova","doi":"10.25143/socr.24.2022.3.106-118","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.106-118","url":null,"abstract":"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","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":"69073737","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}

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.030-040

Laura Done

{"title":"Applicability of International Law in Cyberspace: Positions by Estonia and Latvia","authors":"Laura Done","doi":"10.25143/socr.24.2022.3.030-040","DOIUrl":"https://doi.org/10.25143/socr.24.2022.3.030-040","url":null,"abstract":"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","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":"69073872","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}

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.114-126

Žaklīna Ieviņa

{"title":"Erasure and Anonymisation of Personal Data in Context of General Data Protection Regulation","authors":"Žaklīna Ieviņa","doi":"10.25143/socr.22.2022.1.114-126","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.114-126","url":null,"abstract":"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.","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":"69072674","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}

引用次数: 1

Challenges of Digitalisation in Judicial System 司法系统数字化的挑战

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.051-060

Irēna Kucina

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.23.2022.2.145-155

Diāna Bukēviča

{"title":"Sanctions as Means of Security in Registering Information on Beneficial Owners in the Register of Enterprises","authors":"Diāna Bukēviča","doi":"10.25143/socr.23.2022.2.145-155","DOIUrl":"https://doi.org/10.25143/socr.23.2022.2.145-155","url":null,"abstract":"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","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":"69073219","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}

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.24.2022.3.140-149

A. Zīle, A. Vilks, A. Polianskyi

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.062-075

O. Kurdes

{"title":"Directions for Improving Legal Support of Vocational Training of Forensic Experts in Ukraine","authors":"O. Kurdes","doi":"10.25143/socr.22.2022.1.062-075","DOIUrl":"https://doi.org/10.25143/socr.22.2022.1.062-075","url":null,"abstract":"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.","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":"69072520","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}

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

Socrates Pub Date : 2022-01-01 DOI: 10.25143/socr.22.2022.1.076-088

Silvia Kaugia, Lembit Auväärt

引用次数: 0