The aim of the research is to study the peculiarities of the legislative consolidation of criminal and disciplinary liability for offenses of health care professionals in Ukraine and other states. Materials and methods: Criminal legislation of Ukraine, international acts, decisions of the European Court of Human Rights (hereinafter - ECHR), data of the Integrated State Register of Judgments, as well as criminal legislation of Germany, the French Republic, the Kingdom of Denmark, the Republic of Belarus, Kazakhstan and many other countries. A set of general and special scientific methods of scientific knowledge was the methodological basis. The use of the comparative law method has become useful in the analysis of Ukrainian legislation and the legislation of other states. Conclusions: the article examined the features of the legislative consolidation of criminal and disciplinary liability for offenses of health care professionals in Ukraine and other countries. A comparative legal analysis of the legal enshrinement of the corpus delicti in the form of non-performance or misconduct of professional duties by a health care or pharmaceutical worker was carried out on the example of Ukraine and many other countries; types of penalties for medical crimes, which are established for this type of offense, were identified; sanctions for committing a disciplinary misconduct by a health care professional were determined on the example of the legislation of different countries.
The article presents a study of the legal regulation of women and persons with family responsibilities. An analysis of domestic regulations on this topic. In particular, the norms enshrined in the Constitution of Ukraine have been studied. Chapter XII, which deals with women's labor, is analyzed in the Labor Code. The Law of Ukraine "On Labor Protection" and the Law of Ukraine "On Ensuring Equal Rights and Opportunities for Women and Men", the draft Labor Code were also considered. International normative legal acts are analyzed. ILO Conventions: No45 - on the use of women in underground work in mines of any kind, No100 - on equal pay for men and women for work of equal value, No103 - on maternity protection, No111 - on discrimination in employment and occupations, No156 - on equal treatment and equal opportunities for working men and women: workers with family responsibilities; Article 11 of the 1979 UN Convention. It is noted that for working women there are: guarantees for part-time work, a ban on the involvement of pregnant women and women with children under 3 years of age, night, overtime work, work on weekends and sending them on business trips; restricting the involvement of women with children aged 3 to 14 or children with disabilities in overtime work and sending them on business trips; maternity leave and childcare leave; the procedure for granting leave to care for a child and enrolling him in the length of service; leave for women who have adopted children; additional leave for employees who have children; guarantees of employment and prohibition of dismissal of pregnant women and women with children; providing pregnant women and women with children under the age of 14 with vouchers to sanatoriums, rest homes and financial assistance; mother's service at enterprises, organizations; guarantees that also apply to parents raising children without a mother, as well as to guardians (trustees). Deficiencies in the current labor legislation have been identified. Gender inequalities in the workplace have been identified. The conclusions and prospects for the development of protection and protection of the rights of women and persons with family responsibilities are presented.
Despite numerous in-depth scientific works, we believe that the issue of disciplinary and criminal prosecution of medical workers needs further study in the light of legislative changes and law-making activities of the European Court of Human Rights. The purpose of the article is to characterize the national legislation governing the disciplinary and criminal prosecution of medical workers. The article analyzes the national legislation governing criminal and disciplinary proceedings for medical offenses. It is established that the criminal legislation in the field of regulation of criminal liability for medical crimes needs to be improved, in particular Art. 140 of the Criminal Code of Ukraine. Based on the generalization of case law, it was concluded that there is no single approach to determining the objective side of this type of crime. This requirement is related to the need to avoid cases of unjustified criminal prosecution of medical workers, when criminal prosecution is carried out and only in court the truth in the case is established and an acquittal is passed. The study provided an opportunity to conclude that a disciplinary misdemeanor is an illegal culpable act or omission, which is expressed in non-performance or improper performance by the employee of duties and other requirements imposed on him under labor law, other special regulations, for which may be subject to disciplinary action. Like any offense, a disciplinary offense is characterized by a set of objective and subjective features, called the composition of the offense: the subject, the subjective side, the object, the objective side. Disciplinary liability of a medical worker is a separate type of legal liability that arises in the event of a disciplinary misconduct by a medical worker. Disciplinary liability of medical workers occurs not only for disciplinary misconduct, but also for violation of moral and ethical norms, as workers in this category must comply with the requirements of professional ethics, respect for honor and dignity of citizens (patients).
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.