{"title":"FEATURES OF RESPONSIBILITY OF A MEDICAL ORGANIZATION FOR CAUSING THE PATIENT'S HEALTH","authors":"Y. Slepenok, G. Stankevich, L. Stepanova","doi":"10.21779/2224-0241-2021-38-2-73-80","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-38-2-73-80","url":null,"abstract":"The article discusses the particular conditions of holding medical organizations accountable for causing harm to the health of patients. The conditions of civil liability, as well as the degree of responsibility of a medical organization in the provision of medical services, are analyzed. The authors are of the opinion that medical care should be organized in accordance with the procedures, conditions and standards for the provision of such care, however, the standards cannot cover all the options that may arise during the provision of medical care, therefore they are aimed at creating an average “sample”, to determine the approximate order of possible actions carried out by medical personnel. Attention is also paid to the consideration of the features of causing harm to the patient’s health, depending on whether the harm was caused in the provision of medical care or medical services. In conclusion, it was concluded that the conditions for bringing medical organizations to justice should include: unlawful action (inaction), harm, a causal relationship between unlawful action and harm, as well as the fault of the injurer.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134516774","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":"Land dispute as an object of arbitration process","authors":"M. Magomedova","doi":"10.21779/2224-0241-2021-39-3-118-122","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-39-3-118-122","url":null,"abstract":"In the current legislation of the Russian Federation, there is no concept of a land dispute, which causes difficulties in determining the competence of an arbitration court in cases in which the object of the dispute is land. The article analyzes the general legal concept of a dispute and the sectoral concept of a land dispute developed by scientists. The author identified the characteristic features of a land dispute and its structural elements. The work reveals the influence of the structural elements of the land dispute on the type of production in which the dispute will be considered. In addition, the author concludes that the correct definition of the structural elements of the land dispute enables the arbitration court to determine the appropriate persons participating in the case, the subject of proof, the relevance and admissibility of evidence, and ultimately make a lawful and wellgrounded court decision.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130726178","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":"Problems of formation and activity of the jury court in district (city) courts of the Republic of Dagestan","authors":"P.K. Gadzhiramazanova","doi":"10.21779/2224-0241-2021-40-4-134-140","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-40-4-134-140","url":null,"abstract":"Currently, a court with the participation of a jury is one of the most important institutions of our society, which allows citizens to exercise their right to the administration of justice on an equal basis with professional judges. The main value and task of the jury trial is participation in legal proceedings and the administration of power by the people, as well as control over the implementation of legal proceedings. The study is devoted to the changes made to the Criminal Procedure Code of the Russian Federation in connection with the expansion of the use of the institute of jurors, which significantly expanded the competence of the court with the participation of jurors by extending this form of legal proceedings to the level of district courts, and also reduced the quantitative composition of the collegium. The relevance of the topic of this study was predetermined by numerous issues arising in the process of law enforcement, including the one that concerns the specifics of proceedings in court with the participation of a jury. The study of the results of the work of the jury at the level of district courts of general jurisdiction for the period from the date of entry into force of these changes to the present, has revealed a number of shortcomings and problems in the proceedings of this court, which, of course, need practical and theoretical understanding and measures to eliminate them. The solution of the problematic aspects of the institution identified in the course of the study is necessary to improve the judicial system, which, in turn, will contribute to increasing the level of public confidence in it.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"149 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133587378","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":"On the social and psychological conditions of the realization of the human right to the protection of the law","authors":"A. T. Ragimov","doi":"10.21779/2224-0241-2021-39-3-35-43","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-39-3-35-43","url":null,"abstract":"The article examines the mechanisms of the impact of social and psychological factors on the realization of the human right to the protection of the law. This problem is considered through the prism of human rights relations, which allow us to demonstrate in dynamics how these factors affect the state of human rights relations between a person and the state. An attempt is made to show the peculiarities of the influence of social and psychological phenomena on the behavior of a person who finds himself in the role of an authorized party to a legal relationship and on the behavior of a state that finds itself in the role of an obligated party to a legal relationship","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127821654","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 problems of countering the political and ethno-national extremism","authors":"S. Magomedov, A. Abdulatipov","doi":"10.21779/2224-0241-2022-43-3-139-146","DOIUrl":"https://doi.org/10.21779/2224-0241-2022-43-3-139-146","url":null,"abstract":"The article reveals the main determinants of political and ethno-national extremism in modern Russian society. The author attempts to give a criminological assessment of extremist manifestations in Russia as a whole and in the North Caucasus region most affected by extremism and identifies some problems arising in connection with the global extremist impact on Russia organized by the United States and a number of EU countries in connection with the special military operation of the Russian armed forces to demilitarize and denazify Ukraine. Based on the study of court decisions, scientific papers and statistical materials, the author suggests some special criminological measures to counter extremism.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115775822","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":"Some theoretical and practical issues of applying the prohibition of certain actions in criminal proceedings","authors":"T. Ramazanov, Adelya R. Kerimova","doi":"10.21779/2224-0241-2022-42-2-172-176","DOIUrl":"https://doi.org/10.21779/2224-0241-2022-42-2-172-176","url":null,"abstract":"The article discusses some of the problems that arise when applying a preventive measure in the form of a ban on certain actions. The authors draw attention to the shortcomings of the current system of preventive measures. Federal Law No. 72-FZ of April 18, 2018 \"On Amending the Code of Criminal Procedure of the Russian Federation with regard to the selection and application of preventive measures in the form of a ban on certain actions, bail and house arrest\" amended Article 98 of the Code of Criminal Procedure of the Russian Federation, namely, adding an addition to paragraph 4.1, dedicated to the prohibition of certain actions, and adding a new article - article 105.1, also devoted to the prohibition of certain actions. The authors took as a basis for the bill the construction of Article 107 of the Code of Criminal Procedure of the Russian Federation. In addition, when developing, they took into account the experience of using house arrest. It is worth noting that it is this measure that occupies a leading position among all other measures that are elected in court.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115879646","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":"Some problems of implementation of the Constitution of the Russian Federation at the present stage","authors":"R. A. Nimatulaeva","doi":"10.21779/2224-0241-2021-40-4-52-57","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-40-4-52-57","url":null,"abstract":"The article discusses the main problems associated with the implementation of the Constitution of the Russian Federation. The relevance of the topic of the article is due to the fact that the implementation of constitutional norms is of great importance in our state at the present stage. Some problems related to the implementation of the Constitution of the Russian Federation after the amendments are analyzed. The reasons contributing to the formation of these problems are indicated. It is said that the credibility of the text of the new Constitution of the Russian Federation largely depends on the quality of the adopted federal regulations aimed at implementing the constitutional provisions. The result of the study is the formulation of conclusions and proposals for improving legislative and law enforcement activities.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124244697","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":"ON THE ISSUE OF IMPROVING THE CRIMINAL LAW NORMS ON LIABILITY FOR VIOLATION OF THE RULES OF DRIVING OR OPERATION OF CARS","authors":"V. V. Kusakin","doi":"10.21779/2224-0241-2021-37-1-101-106","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-37-1-101-106","url":null,"abstract":"The article is devoted to the analysis of Article 350 of the Criminal Code of the Russian Federation, which provides for criminal liability for violation of the rules of driving or operating cars, the evolution of this article and the problems of sentencing under it are considered. One of the suggestions for improving this article is to change its sanction, which will eliminate the identified significant legal gap. The author conducted a comprehensive analysis of various aspects related to the criminal violation of traffic safety rules and the operation of military vehicles, and proposed the author's solution to the problematic aspects. The study used specific dialectical methods: comparative, hermeneutical, discursive, formal-legal, as well as some sociological methods: observation, methods of expert assessments and analysis. The provisions contained in the materials of the article can be used to improve the current criminal legislation and to develop explanations of the Plenum of the Supreme Court of the Russian Federation in reviews of judicial practice.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124528266","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":"Jurisdiction of civil cases on compensation for moral damage","authors":"N. Gadzhialieva","doi":"10.21779/2224-0241-2022-43-3-116-122","DOIUrl":"https://doi.org/10.21779/2224-0241-2022-43-3-116-122","url":null,"abstract":"The article deals with the issues of determining the jurisdiction of claims for compensation for moral damage. The relevance of the research topic is due to the fact that recent changes in procedural legislation have included new elements in the institution of jurisdiction that have complicated the application of the rules on jurisdiction in civil proceedings. In this regard, it became necessary to scientifically develop new elements of jurisdiction, to show their relationship with the traditional rules of tribal and territorial jurisdiction. The choice of the topic is also due to the lack of uniformity in law enforcement practice regarding the jurisdiction of claims for the recovery of moral damage. There is no uniform approach to this matter in the doctrine of civil procedural law, which gives this study not only scientific but also practical significance. The article notes that in order to systematize the rules on jurisdiction in the doctrine, a new classification of jurisdiction has been developed, which the author used in the article to determine the jurisdiction of claims for the recovery of moral damage. Particular attention is paid to the criteria for delimiting judicial competence to consider the named category of disputes between courts of general jurisdiction and arbitration courts, the issues of the correlation between the jurisdiction of district courts and justices of the peace in considering claims for compensation for moral damage are considered. The study resulted in conclusions and proposals for improving the mechanisms for delimiting the jurisdiction of claims for the recovery of moral damage.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114776189","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":"INFORMATION TECHNOLOGY AND INFORMATION SECURITY OF ADVOCACY","authors":"V. Zaborovskyy","doi":"10.21779/2224-0241-2021-37-1-131-139","DOIUrl":"https://doi.org/10.21779/2224-0241-2021-37-1-131-139","url":null,"abstract":"The article is devoted to the study of theoretical and practical problems that arise of the use of information technologies by a lawyer in the course of their professional activities, as well as issues related to ensuring information security of such activities. The purpose of this article is to reveal the complex relationship between the need to use the latest information technologies (analyzing the legal nature of the most common types of such technologies) and ensuring an appropriate level of information security for advocacy in general. To achieve this goal, the author used a set of methods that are characteristic of legal science. So, the use of the system-structural method made it possible to formulate a general structure, contributed to the complete solution of the tasks. The dialectical method made it possible to reveal the essence of information technologies in advocacy and analyze their main types. The method of systems analysis provided an opportunity to comprehensively investigate the legal nature of information security in advocacy and identify possible threats to such security, and the synthesis method was used when formulating conclusions and other theoretical provisions.","PeriodicalId":346018,"journal":{"name":"Law Нerald of Dagestan State University","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117034992","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}