To analyze the quantitative and qualitative composition of main claims from proceeding parties, submitted to the conclusions of forensic medical examinations, based on appellate complaints from trial ...participants and associated with personal injury as a result of dental treatment.
The judgment materials for the period from 2013 to 2022 yrs. were examined.
The multiple increase in the claims frequency to the absence of normative references in experts' conclusions (from 5.7% in 2013-2017 yrs. to 32.2% in 2018-2022 yrs.) and answers on the presence of causal link (from 1.8% in 2013-2017 yrs. to 22.6% in 2018-2022 yrs.), as well as to ignoring the findings of other independent experts (from 7.9% in 2013-2017 yrs. to 19.1% in 2018-2022 yrs.), to the lack of documentation on used examination methods in research part (from 4.4% in 2013-2017 yrs. to 20.9% in 2018-2022 yrs.), to production of expert evidence without patient's observation (from 6.1% in 2013-2017 yrs. to 12.2% in 2018-2022 yrs.) and to a number of other issues, requiring a new approach to develop a system of internal quality and safety control for forensic medical examinations, have been revealed.
The possibility of signing contracts electronically is a widespread practice long before the onset of the global COVID-19 pandemic and continues to facilitate relations between the parties, the ...provision of services and the making of profits. Despite the possibility of fraudulent signing of contracts, online conclusion brings important benefits in reducing bureaucracy and for international trade relations. This paper aims to delimit the specifics of signing online contracts in Romania and the United Kingdom. The purpose of this comparative approach is both to highlight the opportunities offered by current legislation and to identify potential local legislative improvements in relation to British legislation. In the first part, we discuss the legislation of our country and the types of contracts that are suitable for signing online. In the second part, we question the signing of online contracts in the UK.
Criminal offenses against road traffic safety are included in Chapter XXVI of the Criminal Code of the Republic of Serbia under the heading Criminal offenses against public traffic safety. This paper ...consists of an analysis of criminal offenses against road traffic safety, as follows: Endangering public traffic Art. 289. CC, Endangering traffic by dangerous action and dangerous means, Art. 290. CC, Negligent exercise of supervision over public traffic, Art. 295. CC and Failure to provide assistance to a person injured in a traffic accident, Art. 296. CC and it is all performed through a theoretical approach and analysis of court practice. In the introduction, we pointed out the methodology of research and analysis of traffic accidents and their consequences. The second part of the paper refers to the theoretical approach, the analysis of criminal offenses against road traffic safety in the criminal legislation of the Republic of Serbia. The third part, the empirical part, includes three levels of research over a seven-year period. The first empirical part refers to reports, lawsuits and convictions for criminal offenses against road traffic safety in the territory of the Republic of Serbia, in a seven-year period (from 2015 to 2021). The results of the research performed in this part of this paper indicate extremely mild sentences imposed on the perpetrators of crimes against road traffic safety, among which suspended sentences dominate, while mild prison sentences were imposed in only 7,87% of cases. The second empirical part includes the analysis of traffic accidents and their consequences in relation to dead persons, lightly and seriously injured persons, as well as other traffic accidents that resulted only in material damage in a seven-year period (from 2015 to 2021). The purpose of this part of the research is important for monitoring the dynamics of the volume and movement of both traffic accidents and their consequences. Participants in traffic accidents, that is, drivers, passengers, pedestrians, cyclists, trucks, buses, were the subject of the third part of the research. This part of the research shows that drivers and passengers in passenger vehicles are the most vulnerable category, considering that among them are the most people killed in traffic accidents. In the concluding remarks, as a result of the research and analysis of traffic accidents and their consequences, we pointed out the necessary amendments and changes of the de lege ferenda incriminations of criminal acts against road traffic safety in the Criminal Code of the Republic of Serbia.
Under the background of China's strategy of becoming a powerful agricultural country, geographical indications (GIs) of agricultural products, as an important intellectual property right to enable ...Chinese agriculture to develop with high quality, have a strong effect of strengthening and promoting agriculture. However, there are a large number of infringements of GIs among agricultural products in judicial practice, which not only greatly damage the economic and social values of GIs of agricultural products, but also bring huge food safety hazards to consumers and hinder the overall protection of intellectual property rights in China. On this basis, this paper, with the help of a quasi-case research method, integrates the facts of relevant cases, the focus of disputes, the application of law, and other case elements to realize the case similarity judgment based on the legal argumentation model. With the help of the retrieval tool of "Peking University Magic Weapon", this paper provides statistics on the civil cases of infringement of GIs of agricultural products in China from 1 January 2014 to 31 July 2022 and sets different retrieval conditions for two searches. After two screenings, 245 valid samples were obtained, and the judicial patterns of infringement disputes over GIs of agricultural products in China were systematically sorted out from the distribution of plaintiff and defendant, the distribution of infringement types, the basis of adjudication, and the standard of compensation. It was found that the plaintiff types showed double simplification, the infringement types took edge infringement as the basic form, and the general trademark provisions occupied the main position in legal applications. Then, the main litigation points, such as the dispute over the identification of GIs of agricultural products, the dispute over the use of geographical names, and the dispute over tort liability, are summarized, so as to dig out the characteristics of the implicitness of infringement, the expectation of implementation, and the concreteness of aspects. On this basis, the regulatory path of the infringement of GIs of agricultural products is put forward, such as introducing procuratorial public interest litigation, multi-agents cooperating to implement all-round supervision, and reasonably determining the amount of damages.
Objective : South Africa is a country with great potential for intensive development due to the active growth and adoption of digital technologies. The rapidly emerging digital landscape is ...transforming the legal framework, which in turn influences the digital environment. This transformative relationship determined the focus of the research, which is to identify the legal system adaptability under dynamic changes, as well as the legal landscape evolution under digitalization and technological progress. Methods : the study of the changing legal landscape required an interdisciplinary approach that combines legal analysis with ideas from sociology, economics, etc. In doing so, the formal-legal method was used to examine the key legal instruments shaping South Africa's digital environment and providing the opportunities and challenges of the interaction between digital technologies and South African law. Results : the paper provides insights into how the South African legal system is addressing digital challenges; assesses the integration of digital innovations into the legal system; highlights the transformative impact of digital technologies on traditional legal processes, including collecting evidence, dispute resolution and access to justice. Finally, it evaluates the role of digital technologies in making legal processes more efficient. Scientific novelty : the study contributes to the ongoing debate on the complex relationship between digital technologies and South African law. It shows how South African law is coping with digital complexities and substantiates new insights into the transformation of the traditional legal paradigm as a result of digitalization, as well as its implications for legal proceedings and access to justice. By delving into the adaptations, challenges and innovations arising at the intersection of law, technologies and digitalization, insights are gained into how South African law navigates the dynamic digital landscape. Practical significance : adapting the legal landscape to digitalization and technological advances is critical to ensure rapid technological progress. It also requires collaboration between government agencies, civil society, experts in law and technology. The study provides valuable recommendations and suggestions for policymakers, legal practitioners and stakeholders shaping South Africa's legal ecosystem. The author addresses the challenges of ensuring personal data privacy, enhancing electronic interactions, and countering cybercrime. The importance of introducing technological achievements while maintaining robust legal safeguards is emphasized.
The subject of the study is the conceptual, theoretical, methodological and applied provisions of mandatory state pension insurance in Ukraine through the lens of its regulatory framework and ...judicial application. Methodology. General scientific methods were used in the research process. The method of comparison was used to generalise the judicial approaches of different levels of courts to the main dominants of law enforcement regarding the payment of state pension insurance contributions. Analysis was used to determine the quantitative and qualitative parameters of current and previous legislation and court practice. Synthesis was used to determine the main features of court practice. The historical-legal method was used for the purpose of researching the historical retrospective of the development of legislation and judicial practice on the given problem. The aim of the article is to analyse the past and current judicial practice regarding the application of exemptions from mandatory state pension insurance contributions in Ukraine, comparing the approaches to the regulatory framework before and after the normative reform of the relevant institution. The results of the study have shown that in order to ensure the effectiveness of the benefit from the payment of the mandatory state pension insurance contribution, it is necessary to transform the current judicial practice and change its vector from a pro-fiscal orientation to the creation of foundations for ensuring the legal rights and interests of private individuals. Conclusion. The recent case law of the Supreme Court regarding the application of the relevant exemption for first-time home purchases is not consistent. In fact, the burden of proof for the first-time purchase of housing is placed solely on the private individual, while the state itself has access to the necessary data to establish the priority of the purchase of housing. Furthermore, the very possibility of refunding funds paid in error (without justification) by a person entitled to the exemption is disputed. In summary, the highest court in the system of general jurisdiction has taken a purely fiscal position on this issue. As for the legal innovations in the regulation of the payment of the mandatory state pension insurance contribution, they are of a somewhat inconsistent nature. In practice, there is an attempt to place the burden of proof for the initial acquisition of a dwelling on the parties to civil legal relations, i.e. the person who acquires the dwelling and the notary who formalises such a legal transaction, despite the fact that the state also has effective mechanisms for establishing the existence of relevant legal facts. As a result, the effective mechanism for the implementation of the exemption under consideration is reduced.
Legal nature of judicial practice Skorobogatov, A. V.; Krasnov, A. V.
Russian Journal of Economics and Law,
09/2022, Letnik:
16, Številka:
3
Journal Article
Recenzirano
Odprti dostop
Objective: a comprehensive theoretical and legal study of the nature of judicial practice. Methods : the methodological basis of the article is postclassical rationality, which allows studying ...judicial practice in the context of its impact on the public relations regulation and establishing the legal nature of this phenomenon. This determined the integration of methods developed in the legal science (formal legal, comparative legal methods, method of legal modeling) and other humanities (hermeneutical, discursive methods). Results: the article considers judicial practice as an individual legal regulation, i.e. the activities of the authorized judicial bodies of the state aimed at consideration and resolution of legal cases, as well as the creation of individual legal foundations for the lawful behavior of subjects of public relations. The authors proceed from the fact that judicial practice is a unity of cognition, activity, and result, as it actively participates in the construction of legal reality. This leads to the conclusion that judicial practice should be understood dichotomically – as the activity of judges, the result of which is the creation of individual and generalizing legal acts aimed at constructing a legal reality (a specific form of legal communication), and as a material source of law (a set of generalizing legal acts (positions of courts) that have a legal impact on the consciousness and behavior of an indefinite circle of subjects of the same name). Scientific novelty : in the article, for the first time in the Russian legal science, a study of judicial practice is transferred from the level of sectoral analysis to the philosophical-legal level. At the same time, the authors emphasize the interdisciplinary, general humanitarian nature of judicial practice. The analysis and interpretation of judicial practice are carried out at the ontological and axiological levels of legal reality. This allowed identifying the specific role of judicial practice in the legal system as a means of communication between individual and general legal regulation. Practical significance : the main provisions and conclusions of the article can be used in scientific and pedagogical activities when considering the essence and content of judicial practice and its role in the creation and functioning of the Russian legal reality, as well as for improving judicial activity at all levels.
Abstract
The introduction of legal reforms in the sixteenth century that gave the Hanafi school its central place in the Ottoman legal system coincided with the arrival of new trade partners from the ...West, first France and later England and the Dutch Republic. The Ottoman authorities' own emphasis on the primacy of written proof and the marginalization of oral testimony was also reflected in the privileges granted to these new arrivals from the West. Although many European ambassadors and consuls distrusted "Turkish justice", the Ottoman legal system's stability and predictability contributed considerably to creating favourable conditions of trade.
The review presents changes in Russian legislation in the field of construction, real estate management, and housing and communal complex management.
The overview reflects the normative legal ...regulation of public relations in the establishment and legal status of a single customer in the field of construction, the authority of local governments on attracting the management of the organization, creating a universal mechanism for integrated development of territories, the establishment of procedures to ensure housing rights of citizens in the implementation of the integrated development of residential areas, etc.
Purpose The purpose of this study is to outline the general features of legal regulation in advanced countries of artificial intelligence in the field of intellectual property law, namely in the ...context of legal regulation of intellectual property rights created by such artificial intelligence. Methodology/Approach/Design During the conducted research, the leading method is the comparative legal method. However, apart from it, an array of philosophical, general scientific, and special scientific methods has been used. Findings The main results obtained are the analysis of the provisions of regulations governing the specific features of intellectual property rights created by artificial intelligence in advanced countries of the world, such as the United States of America, Great Britain (England, Scotland, Wales, Ireland), the countries of the European Union, etc. Practical Implications Practical recommendations are provided for improving the national (Kazakh) legislation in the context of legal regulation of this issue. Originality/Value The materials can be used for further scientific research of the statutory regulation of intellectual property objects created by artificial intelligence and constitute a practical value for improving the quality of the available regulators. Keywords: Statutory Regulation. Objects of Intellectual Property Rights. Intellectual Property Law. Judicial Practice.
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