The paper addresses the issue of a relatively new institution of criminal procedural law in Latvia. The article is relevant due to the need for an effective mechanism for the objective possibility of realization of the right person for the completion of the criminal process in a reasonable time. Analysis of the European Court of Human Rights has allowed some conclusions that should be considered when investigating criminal cases.
Rakstā tiek izskatīts jautājums par prokurora lomu kriminālprocesa atjaunošanā jaunatklātu apstākļu dēļ. The author of the article looks at the question of prosecutor’s role in reconstruction of criminal proceedings due to newly discovered circumstances.
Mediation can be described as a multi-functional legal tool serving the mission of law, which is to ensure public balance, justice and order. This is possible owing to the legal nature of mediation, because it is essential not to merely solve a dispute but to understand its cause during the mediation process. Nowadays, mediation is equally effective in cases associated with civil disputes and criminal offences to attain understanding-based reconciliation between the victim and the perpetrator. However, the voluntary nature of mediation may hinder the achievement of a positive result in some situations. The aim of this article is to examine the legal scope of mediation with a view to determining to which extent mediation can be applied in civil and criminal proceedings and answering the question of whether possibilities offered by mediation are effectively used by law. The added value of mediation is the alignment of parties' interests by means of active cooperation and the elimination of the cause of the dispute. Contrary to enforcement mechanisms, such as the execution of court rulings, mediation enables more effective use of possibilities provided by law as a social system and alleviation of tension caused by disputes in society. This research employs general scientific methods, such as analysis, induction and deduction and interpretation of law. The research is based on legislation, scientific literature and case-law.
The opportunity to use the tangible resources of our planet – water, air, subterranean depths – secure the existence of our civilization. Despite the existence of private property and the division of ownership of tangible resources between natural and legal persons, the resources required for life are objectively determined by the very life form. Any living creature needs air, water and subterranean depths. They are the common value of the mankind. The right to live in a favourable environment is recognized as the basic right of each individual, of each member of the public. A significant aspect is the high quality environment, which includes specific standards and requirements for the quality of air, water and subterranean depths. This is necessary in order to ensure the legal protection of the environment, balancing the rights of private owners and society as a whole. The protection of the environment is the subject matter of the legal framework. The key challenge for the protection of the environment is to find an opportunity to balance the economic development and the sustainable development of the environment, which is why the greatest attention should be allocated to the questions that relate to the prevention and compensation for the damage caused to the environment. Keywords: environment, damage caused to the environment, sustainable development
Introduction: All social life spheres in Ukraine are influenced by corruption. Ukrainian citizens were inquired in order to determine corruption rate in various social spheres. It was conditioned by reforming criminal justice and administrative management, which is directed, particularly, for liquidation of corruption in the state. Special emphasize is stressed on corruption rate in the medical sphere. The aim of the article is to determine: 1) population’s attitude towards to corruption, in particular, in the medical sphere; 2) the most corruptive social spheres; 3) efficiency of anti-corruption measures; 4) readiness of population to participate into struggle with corruption. Materials and methods: The study is grounded on dialectical, comparative, analytic, synthetic, sociological (special-purpose inquiry form, interview), statistic and comprehensive research methods. The study group consisted of 1 120 citizens and 513 medical and pharmaceutical professionals of Ukraine. Questions were related to: 1) citizens’ contact with corruption; 2) corruption expansion rate in state authorities, self-governing authorities, in various infrastructure spheres, particularly, in healthcare; 3) awareness about struggle with corruption in the state and in the region and determination of citizens’ readiness to cope with corruption. Results: Corruption contact level of citizens remains steadily high. Corruption in the medical sphere is the most widespread: during the previous year before the inquire 63% respondents were involved into corruptive schemes. Corruption in the medical sphere can be subdivided in the following levels: from patient to doctor; inside the hospital – from a healthcare institution employee to the executive hospital staff; on state level concerning state procurements of medications. A bribe to health care professionals was given for: receipt of a sick leave certificate and various references (for example, about unfitness for military service, fitness for driving a car or fulfillment of particular works); high-quality conduct of an operation, medical servicing rendering; writing out a “necessary” prescription; approval or hiding of any bodily injuries; falsification of a true cause of death. All health care professionals have come across different corruptive practices, among which the following payments are widespread: for employment in a hospital, license for private medical practice or establishment of private clinics, “avoidance” of checks of healthcare institutions’ activity. The largest bribes are given state officials for participation in tenders for medical drugs supply by pharmaceutical companies. All health care professionals have come across different corruptive practices, among which the following payments are widespread: for employment in a hospital, license for private medical practice or establishment of private clinics, “avoidance” of checks of healthcare institutions’ activity. Conclusion: Corruption on the sphere of medical practice is complex phenomenon. The conducted poll made it possible to structure the corruption problem, to see its various levels and levels. In respondents’ opinion, a scrupulous information campaign is a positive tendency: 45% consider this is a guarantee of anticorruption. Nevertheless, only 5% respondents assume personal notification of anticorruption bodies about receipt of a bribe by medical staff.
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