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Problems of New and Interim Financing in Restructuring Proceedings 重组程序中的新融资和中期融资问题

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.127-135

Audronė Balsiukienė, Remigijus Jokubauskas

引用次数: 0

Role of Foreseeability in Imposition of Civil Liability 可预见性在民事责任征收中的作用

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.268-286

E. Brants

引用次数: 1

Current Issues of Construction Law 建筑法的当前问题

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.21.2021.3.169-180

Jānis Bramanis, Jānis Načisčionis

引用次数: 0

Term ‘Household’ in the Latvian Legal Framework 拉脱维亚法律框架中的“家庭”一词

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.21.2021.3.227-233

Lidija Rozentāle

引用次数: 0

May the Patient’s Will, Expressed by Means of Assistive Communication Technologies, be Admissible as Evidence in Court Proceedings? 通过辅助通信技术表达的病人遗嘱是否可以作为法庭诉讼的证据?

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.21.2021.3.181-190

Anatoliy A. Lytvynenko

{"title":"May the Patient’s Will, Expressed by Means of Assistive Communication Technologies, be Admissible as Evidence in Court Proceedings?","authors":"Anatoliy A. Lytvynenko","doi":"10.25143/socr.21.2021.3.181-190","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.181-190","url":null,"abstract":"The article is dedicated to hallmark the problem of accepting evidence of a patient’s will by a court in diverse proceedings, and it being communicated by non-classical means. Modern technologies allow patients to communicate utilizing various electrified appliances, in case the disabled person suffers from an ailment, or a health disorder affecting speech and mental abilities. Such appliances may truly enhance the patient’s quality of life; however, it is uncertain whether such patient may be found to be a competent witness, or the information reflecting their will obtained in a non-classical method may be found to be as convincing evidence by the court. Currently, there is very little judicial precedent dealing with obtaining evidence of the patient’s will by means of assistive communication technologies, though recent Italian legacy has shown such evidence may be accepted by the court, in case forensic-psychiatric examination approves adequacy of the cognitive abilities of the patient, rendering their will competent. Diverse legal systems render the question of patient’s competence differently, and the issue of accepting information as evidence obtained by means of assistive communication technologies will surely become more frequent in disputes relating to testament validity or determining the patient’s will to undergo or forego medical treatment. Such cases may be of high relevance in civil proceedings on withdrawal of life-supporting treatment, which will ultimately result in the patient’s demise. Keywords: patient’s autonomy, patient’s legal capacity, withdrawal of life-supporting treatment, assistive communication technologies, theory of evidence, critically-ill patients.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69072461","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

Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās 医生在工作法律关系中表达宗教信仰的权利

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.188-211

Laura Šāberte, D. Tarasova, Karina Palkova

{"title":"Ārstniecības personas tiesības paust savu reliģisko pārliecību darba tiesiskajās attiecībās","authors":"Laura Šāberte, D. Tarasova, Karina Palkova","doi":"10.25143/socr.20.2021.2.188-211","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.188-211","url":null,"abstract":"The rights of medical practitioners are broadly defined in both national and international legislation. The scope of the rights of medical practitioners is evolving along with the development of certain sub-sectors of the field of law. One of the topical issues in the context of the exercise of the rights of medical practitioners is the right of medical practitioners to express their religious beliefs from the Labor law perspective. The right of medical practitioners to freedom of religion is to be seen as part of human rights as well. Member States that have acceded to human rights instruments that protect the right to freedom of religion do not have the right to intervene and take coercive measures to change these views. The right to freedom of religion at the level of human rights applies to a medical practitioner as an individual living in a democratic society and as a person with a medical education who is engaged in medical treatment or prevention, diagnosis and treatment, medical rehabilitation and patient care has rights and obligations within the framework of the activity. The aim of the article is to study the right of medical practitioners to express their religious beliefs in employment relations, as well as to identify problematic issues researching the case law of the CJEU and the ECtHR.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070705","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

Bezpilota gaisa kuģu (dronu) izmantošanas tiesiskie aspekti 使用不平衡飞机（无人机）的法律问题

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.232-244

Māris Vitkovskis

{"title":"Bezpilota gaisa kuģu (dronu) izmantošanas tiesiskie aspekti","authors":"Māris Vitkovskis","doi":"10.25143/socr.20.2021.2.232-244","DOIUrl":"https://doi.org/10.25143/socr.20.2021.2.232-244","url":null,"abstract":"In today’s technology world, development of unmanned aircrafts is happening very rapidly, and the laws and regulations governing this specific area are constantly supplemented at both – level of European Union and nation-wide. They are aimed at incorporating unmanned aircrafts in air traffic, to comply safety, security, and privacy requirements, and not to pose any risks to the environment. Opportunities of using this technical mean are versatile and it can be a good assistant in various areas. Unmanned aircrafts are widely used by the civil sector and the military sector and, in the recent years, these specific means have been used by rescue services and security institutions. Unfortunately, it should be admitted that unmanned aircrafts are also used in terrorist and other criminal activities, so it is essential to control the flight environment by preventing unauthorised flights for ensuring general safety. The responsible institutions also have been working in this direction. Until July 1st, 2021, in the current Cabinet Regulation No 368 “Regulations for Performing Flights of Unmanned Aircrafts and Other Types of Aircrafts”, there was found a term “state unmanned aircraft”, which regulated the areas in which state unmanned aircrafts can be used, for example, in investigation and detection of criminal offences, but there was no further explanation in more detail. The Cabinet Regulations, which came into force on July 1st, 2021, explain in more detail the rights and obligations of pilots of state unmanned aircrafts. However, these regulations do not provide specific information on the use of unmanned aircrafts in measures of operational activities. Therefore, this issue is controversial and should be raised for updating.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69070834","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

Challenge of Advocate’s Profession in the Age of Money Laundering, Terrorism Financing and Proliferation Evasion “Not to slip with a fragile burden!" 洗钱、恐怖融资和扩散逃避时代对律师职业的挑战“不要带着脆弱的负担滑倒!”

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.21.2021.3.139-148

Sandra Joksta

{"title":"Challenge of Advocate’s Profession in the Age of Money Laundering, Terrorism Financing and Proliferation Evasion “Not to slip with a fragile burden!\"","authors":"Sandra Joksta","doi":"10.25143/socr.21.2021.3.139-148","DOIUrl":"https://doi.org/10.25143/socr.21.2021.3.139-148","url":null,"abstract":"Ability to perform advocate’s duty is irrevocably linked to advocate’s immunity concept. The article provides an insight about the scope of advocate’s immunity concept in the age of money laundering. The purpose of it is to analyse the modern tendency to overstep the red lines guarding this concept, when applying legal enactments for money laundering evasion purposes. In the article, the judgment of 19 November 2020 in case “Klaus Mueller vs Germany” made by European Court of Human Rights, is analysed, where the issue of advocate’s immunity was considered in joint connection with the Clause 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms. The sometimes-exaggerated need for transparency at all costs conflicts with privacy protection aspects of individuals. Legislative enactments of money laundering and terrorism financing and proliferation evasion systemically contradicts Law of Advocacy and causes collision with other norms of higher legal rank such as fundamental rights enshrined in the European Convention on Human Rights to fair trial and justice and rights to choose an occupation and engage in work. Keywords: advocate’s immunity concept, advocate’s rights to professional secret and confidentiality, legal certainty, money laundering and terrorism financing and proliferation evasion, principle of sound legislation, uncertain privilege.","PeriodicalId":34542,"journal":{"name":"Socrates","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2021-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69071869","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

Pētījumi tiesību zinātnē un starpdisciplinaritāte: īss ieskats pamatjautājumos 法学研究与跨学科性质：关键问题简述

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.014-023

Laura Ratniece

引用次数: 1

Comparative Study on Frequency of Various Papillary Pattern Types in Estonian Men and Women 爱沙尼亚男性和女性各种乳头状形态频率的比较研究

Socrates Pub Date : 2021-01-01 DOI: 10.25143/socr.20.2021.2.301-316

Silvia Kaugia, A. Lall, A. Zīle

引用次数: 0