Issues Of Legal Responsibility Research Articles

The state executor - as a guarantor of the execution of a court decision that has entered into force

The article is devoted to the study of the issue of execution of court decisions by the state executor, which is relevant both in Ukraine and abroad. The authors considered and argued the main features of the powers of the state executor as a guarantor of the execution of court decisions. The article analyzes the place and role of the state executor in the system of control and supervision of administrative coercion. The issue of the legal status of the state executor is considered. An analysis of the requirements of current regulations that define the rights and responsibilities of state executors.
 The main problems that arise during the performance of public duties by the state executive are summarized. Emphasis is placed on the practice of the state executive service on the execution of court decisions that have entered into force. In addition, the activities of private performers are considered for a more in-depth analysis of the differences between the activities of public and private performers. The main differences and similarities between the activities of these performers are highlighted. The main tasks of the state executive service, state executors and private executors are generalized.
 The legal status of the state executor in Ukraine is considered, attention is paid to the legal regulation of the process of execution of a court decision. The bills, laws and other normative-legal acts regulating this sphere are characterized. A study was conducted on the basis of which executive documents are subject to enforcement of decisions by state executors and considered their features.
 The conclusion is made about the tasks and issues related to the execution of court decisions, as well as the role of the state executor in this process in comparison with the private executor. Considerable attention is paid to the study of social and legal security of citizens who became participants in enforcement proceedings.
 The issue of legal responsibility of a state executor as a civil servant of Ukraine in the field of official activity and professional activity related to the provision of public services is analyzed and researched.

MODERN MILITARY TECHNOLOGIES AND THE RESPONSIBILITY OF A SCIENTIST, CREATOR, OPERATOR, ETC.: SOME APPROACHES OF THE BRICS COUNTRIES

Based on the legal material of the BRICS countries the article touches upon the issue of legal responsibility of a scientist, creator, operator, etc. for the implementation of the results of his scientific activities in the field of new military technologies. Interest is caused by the impact on legal and military science, as well as on the ideas of both ordinary people and specialists (lawyers, military, sociologists, etc.) provided by new technologies that currently allow to do things that previously could not even be imagined otherwise than in imaginative literature, films, etc. In this way, the current provisions of normative acts (in the field of legislation on intellectual property), ethical codes, etc., and doctrines (works of specialists who give arguments "pro" and "contra" giving legal personality to artificial intelligence) are examined. Scientific novelty is due, firstly, to the choice of countries - these are the BRICS countries, secondly, the subject of the study is the legal responsibility for the implementation of the results of scientific activity of a scientist in the field of new military technologies, thirdly, the analysis of a selected range of issues in an interdisciplinary aspect - from the standpoint of jurisprudence, military science, ethics. Among the conclusions reached by the author, the inevitability of ethical problems when using AI in civil (for example, transport) and military autonomous systems. In this regard, attempts have been made to solve these problems in the BRICS countries in various ways: from declarative limitations in patent legislation to the development of guidelines and ethical principles that meet the realities. The need to develop a single document with an international legal status on the issue of AI-human interaction, based on the opinions and ideas about the principles of such interaction of more than eighty subjects from around the world is also showed.

Civil Liability for Violation of Industrial Property Rights

The paper deals with conceptual issues of legal liability, in particular civil liability, in the field of industrial property. It is noted that the institution of legal responsibility is subject to new theoretical and legal comprehension due to its interdisciplinarity and intersectoral nature. The author argues that the origins of the problem of legal responsibility for violation of rights to intellectual property, including industrial property, come from social and legal responsibility, provided we rely on the positive component of legal responsibility. The author examines the types of civil liability for violation of rights to industrial property objects and determines topical problems of protection of industrial property rights. The paper focuses on the issue of legal responsibility in the field of intellectual property created by artificial intelligence. Intellectual property rights are subject to protection both according to the standard procedure and special rules. In judicial practice, the compensatory nature of civil liability is applied to the infringement of intellectual rights, as evidenced by the proceedings of the court case in the framework of the arbitration process concerning the refusal to compensate for losses in the form of lost profits. The law does not provide for the list of admissible evidence (legal test), on the basis of which the fact of violation of intellectual property rights is established.

LEGAL RESPONSIBILITY IN THE FIELD OF SPORT: SOME PROBLEMATIC ASPECTS

The issue of legal responsibility in sports is debatable and ambiguous. On the one hand, there is no prohibition on the application of current rules of civil, administrative or criminal law in the field of sport. On the other hand, sport is an autonomous sphere of human activity, and sports bodies claim to regulate all relations in the field of sport, including tort. At the same time, it should be clearly understood that offenses in the field of sports are divided into those committed in connection with sports activities and those that are not closely related to sports activities. Accordingly, both the qualification of such acts and the bodies authorized to prosecute for such offenses will differ significantly. For example, the infliction of harm by one athlete to another during a game differs significantly from the infliction of the same harm by one fan to another while observing the game. If in the first case the case will be considered by the disciplinary bodies of the respective federation, in the second – by law enforcement agencies on general grounds. In this case, in the first case, the act itself will be qualified as a violation of the rules of the game, and in the second – an ordinary administrative / criminal offense. In view of this, clear rules for distinguishing between legal liability and quasi-legal liability for sports offenses are of particular importance. Equally important are the issues of distribution of competence of state judicial and law enforcement bodies and authorized bodies in the field of sports on the application of measures of responsibility to violators. Thus, the purpose of the article is to clearly delineate the types of offenses in the field of sports and to clarify the specifics of the application of liability for such offenses. The conclusions reached by the author of this article can be used for law enforcement and lawmaking.

Роль решений Конституционного Суда Российской Федерации в формировании системы юридической ответственности

The object of the study is public relations in the field of constitutional justice. The subject of the study is the acts of the Constitutional Court of the Russian Federation, affecting changes in the legal liability system, as well as the current legislation on legal liability. The article analyzes the acts of the Constitutional Court of the Russian Federation on issues of legal responsibility, defines doctrinal positions that affect the change in the system of legal responsibility. Particular attention is paid to the decisions of the Constitutional Court of the Russian Federation, which disclose the content of the principles of legal responsibility, their place in the system of law enforcement. The main directions of the impact of acts of the Constitutional Court of the Russian Federation on the legal liability system are determined. In the process of the study, a systematic approach was applied, which allowed us to consider legal responsibility as a single system that interacts with other phenomena, to identify the nature of the relationship of the legal responsibility system and decisions of the Constitutional Court of the Russian Federation. In preparing the article, the method of program research of judicial practice was used, the application of which made it possible to systematize the legal positions of the Constitutional Court of the Russian Federation formulated in acts of various types. As a result of the study, a number of conclusions were made about the main areas of influence of decisions of the Constitutional Court of the Russian Federation on the legal liability system. Criteria have been identified to assess the principle of legal responsibility, formed in the acts of the Constitutional Court, as mandatory. The systemforming criteria of legal liability formulated in the decisions of the Constitutional Court of the Russian Federation are determined. The legal positions of the Constitutional Court of the Russian Federation on judicial enforcement in the absence of a rule of law are critically evaluated. The study was financially supported by the Russian Foundation for Basic Research (RFBR) as part of scientific project no. 19-011-00103 A, “Legal responsibility in the Russian legal system: the concept of interaction, relationships and elimination of contradictions with other elements of the legal system”.

Specyfika regulacji prawnych dotyczących postępowania ze zwierzętami gospodarskimi podczas uboju

The article deals with the peculiarities of legal regulation of handling of farm animals during slaughter. On the basis of the analysis of Ukrainian legislation and international legislation, the requirements for the transportation of animals have been determined, taking into account their biological, species and individual characteristics, as well as the primary processing of animals and products obtained by slaughter. In the article particular attention is paid to the subject composition of the studied legal relations, the problems of applying humane methods of slaughter of farm animals and certain issues of legal responsibility in the sphere of handling animals during slaughter in Ukraine. The state of development of slaughter economy of producers of agrarian sector of Ukraine was studied. An estimation of the current state of functioning of slaughter points in Ukraine was carried out. Based on the generalization of the world and domestic experience, the directions of their development were proposed as a component of the market infrastructure. The conclusion was made about the need for the development of slaughter stations as an alternative to home slaughter of livestock intended for sale. The advantages and disadvantages of the prohibition of selling meat from home slaughter of livestock were analyzed. The ways of improving the system of state control in the field of food safety were proposed taking into account the requirements of the European Union and the socio-economic situation in Ukraine.

Trends and Prospects for legislative regulation of legal responsibility for environmental offenses in BriCs Countries: Comparative law

This article provides a comparative analysis of the features of the national legislation of the BRICS countries that regulates the issues of legal responsibility for environmental offenses. The authors consider aspects of the normative consolidation of the rights and obligations of citizens in the field of environmental protection, the types of legal liability and the applicable sanctions for violations of environmental standards provided for by the national legislation of all BRICS countries. The study of the environmental legislation of the BRICS countries (Brazil, Russia, India, China and South Africa) reveals a number of general and specific directions in environmental policy with the aim of enriching the said countries with positive experience, overcoming difficulties in the organization of environmental management and environmental protection, the prevention of possible errors in the context of global economic and environmental crises, and making recommendations for environmental improvement. Improving the legislation of the BRICS countries in the field of legal liability for environmental offenses by taking into account the positive experience of these countries will help increase the effectiveness of prevention and rectification of negative consequences for the environment in both the Russian Federation and the BRICS association as a whole. Consequently, a comparative legal analysis of national environmental legislation of BRICS countries suggests that the general principles of responsibility for environmental offenses are inherent in all these countries, despite their fundamental differences in history, culture and geographical location.

Legal Responsibility in the Legislative System of Kazakhstan

The relevance of the study is caused by the paramount importance of the legal responsibility institution, without which one cannot imagine the existence of the legal state. Threading all the spheres of public life, the legal category of responsibility is a significant element of the mechanism for their regulation and plays an important role in the provision of order and safety. The objective of the paper is in the cognition of the complicated and multi-faceted phenomenon of legal responsibility and in the definition of its position in the legislative system of the Republic of Kazakhstan. In this regard, this paper is aimed at the revealing of the main approaches towards the understanding of the responsibility in law, the study of the kinds of legal responsibility and their legal sources. The leading approach in the study is the analysis that allows integrally considering the accumulated theoretical experience in the issues of legal responsibility, as well as revealing the drawbacks in the documentation of the responsibility in the applicable legislation. The paper presents modern concepts of legal responsibility, reveals the existing definitions of its concept, and considers the system of legal responsibility and its basic elements (kinds) with the definition of its legal framework for each element of the responsibility. The materials of the paper may be helpful to the scientists in their research of the problems of legal responsibility in all the legal branches, university teachers and students in the educational process when studying and teaching the legal disciplines.

Specyfika regulacji prawnych dotyczących postępowania ze zwierzętami gospodarskimi podczas uboju

The article deals with the peculiarities of legal regulation of handling of farm animals during slaughter. On the basis of the analysis of Ukrainian legislation and international legislation, the requirements for the transportation of animals have been determined, taking into account their biological, species and individual characteristics, as well as the primary processing of animals and products obtained by slaughter. In the article particular attention is paid to the subject composition of the studied legal relations, the problems of applying humane methods of slaughter of farm animals and certain issues of legal responsibility in the sphere of handling animals during slaughter in Ukraine. The state of development of slaughter economy of producers of agrarian sector of Ukraine was studied. An estimation of the current state of functioning of slaughter points in Ukraine was carried out. Based on the generalization of the world and domestic experience, the directions of their development were proposed as a component of the market infrastructure. The conclusion was made about the need for the development of slaughter stations as an alternative to home slaughter of livestock intended for sale. The advantages and disadvantages of the prohibition of selling meat from home slaughter of livestock were analyzed. The ways of improving the system of state control in the field of food safety were proposed taking into account the requirements of the European Union and the socio-economic situation in Ukraine.

Compilations of court decisions of legal responsibility in the pharmaceutical industry

Aim. Identify and summarize issues of legal responsibility in the pharmaceutical industry of Ukraine. Methods and results. The author analyzed cases, which deal with liability among Court materials that are freely available to the public. The author reviewed more than 100 cases of claims to the courts, which deal with persons involved in pharmaceutical field, 94 cases of which were relevant study problems. Conclusion. The author provided forensic analysis of pharmaceutical liability in pharmacy and compared the cases ratio in different regions of Ukraine. The author found that during 2006–2014 years the highest proportion of cases number was observed in Kyiv (12.77%), Donetsk (11.70%) and Odessa (9.57%) regions and the lowest share, respectively, in Kirovograd (1.06%), Luhansk (1.06%) Rivne (1.06%), Chernivtsi (1.06%) and Chernihiv (1.06%) regions. The author set the proportion of criminal cases brought against pharmaceutical workers and systematized punishment for criminal proceedings. The author set the proportion of civil cases investigated during forensic analysis of pharmaceutical workers offenses committed during the occupation. The author systematized grounds lawsuits against pharmaceutical workers under the Civil Code of Ukraine. The author set the proportion of administrative cases investigated during forensic analysis of pharmaceutical workers offenses committed during the occupation.

Problems of applying legal liability for offenses in the sphere of long-term temporary usage of forests in Ukraine

Problem setting. Today the institute of legal responsibility functionates inefficiently, which can be explained by a weak theoretical development problems of this institution in particular legal sciences (including the environmental law); legislative gaps; low level of skills of the executive officers in the field of environmental protection, rational use, restoration and protection of natural resources. These provisions completely relate as well to the problems of applying legal responsibility for violations in the field of long-term temporary use of forests. Recent research and publications analysis. Issues of legal responsibility for offenses in the sphere of forest usage were considered in the scientific works of B. Boreiko, S. Kravchenko, O. Shumilo, O. Storchous etc. Anyhow, the legal precedents in the scope of offenses in the sphere of long-term temporary usage of forests in Ukraine remains not studied. Paper objective is the analysis of the most typical recent legal cases in the scope of long-term temporary usage of forests that demonstrate the roots for conflicts between the forest users, local public authorities and the public. Paper main body. Based the an analysis of cited precedents, it can be unequivocally concluded that the forest legislation doesn’t regulate efficiently the liability for violations in the field of long-term temporary usage of forests in Ukraine. Forest users often fail to comply with the contract terms of using forests in the part of veto on business activity, as well as constructing fences, that impedes the access of local residents to natural resources. The procedure for receiving forest lands in temporary usage is extremely corrupt, and citizens have to go to court to bring regional administrations to administrative responsibility for unjustified refusal to provide forest lands in the long-term temporary usage. Conclusions of the research. Author believes that the effective solution of modern problems is not to increase fines for administrative and other offenses, but in enhancing the transparency and openness of the permit system, limiting corrupt practices in providing forest lands in temporary usage

Animal magnetism in Spanish medicine (1786–1860)

This paper studies the reception and development of animal magnetism in Spanish medicine. It analyses in turn: the initial rejection of animal magnetism influenced by the reports of the French Royal Commissions of 1784; the first attempts to implant Mesmerism around 1816; its reluctant acceptance with the introduction of phrenology from 1842 onwards; and, finally, its critical revision, provoked by issues of legal responsibility, from 1856 to 1860. Hypnotism, as a term, began to appear in Spanish medical publications around 1860.

Legal Implications in Long-Term Care

LEGAL IMPLICATIONS IN LONG-TERM CARE Janine Fiesta, JD, BSN Albany, NY: Delmar Publishers, 1997, 234 pp., $28.95 (Softcover) This book is a once over lightly covering the multitude of legal issues involved in the long-term-care industry. By taking this approach, Ms. Fiesta reaches out to a wide and diverse audience. While the nonlegal professional is exposed to the issues without being overwhelmed by their complexity, the legal scholar will find this book a starting point for conducting more indepth research by using the and legal citations given. The focus is on long-term care within the institutional setting, particularly in nursing homes. Homecare and alternative residential facilities are not addressed. This general overview is comprehensive and accurately explains legal concepts through the use of case examples. These cases bring the issues to life by showing how everyday activities can lead to injury and litigation. Unfortunately, there is a disturbing lack of discussion of surrogate decision-making issues such as legal guardianship, powers of attorney, and representative payeeship. These legal mechanisms determine who is the legal decision maker and fiduciary for the resident. The legal ramifications of these appointments in the longterm-care facility have direct bearing on such things as accessing resident's funds for payment of care, and consent to care and treatment. BOOK STRUCTURE The book covers a host of liability concerns: every aspect of the longterm-care industry, from resident care to corporate business aspects. The contents of this book include individual liability and licensure, institutional liability and licensure, criminal abuse and neglect, ethical dilemmas, personnel issues, risk management, quality assurance, and documentation. Each chapter deals with pertinent points of law through the use of legal precedent. For example, in chapter 2 each element of a malpractice or negligence lawsuit (legal duty, breach of duty, causation, and damages) is discussed and exemplified through the use of real cases. This technique helps the reader discern what aspects of facility life and resident care are most vulnerable to lawsuits and the judicial interpretation that follows. DISCUSSION The following is a brief discussion of the book's contents. After the introduction (chapter 1), chapters 2 and 3 consider individual liability and licensure, respectively. The chapters provide a picture of the basic negligence lawsuit and how it applies to individual liability, in particular the facility doctor and nurses. Through case studies the author explores both the legal duty of care between the facility physician and its residents and also the legal relationship of the facility and its physician to the general public. Wisely, the issue of legal responsibility between physicians and nurses and its application to a legal standard of care is addressed. (Having worked as a nurse in longterm-care facilities, I know it is often hard to attribute blame for harm that occurs.) The sufficiency of nursing observation and documentation and using the nurse as an expert witness is also covered. In exploring breach of duty of care the author reviews the most frequent causes of resident injury and malpractice suits: falls, improper use of restraints, and decubiti care. The discussion in each of these areas is directed to nursing professionals and is full of helpful information regarding nursing assessment, monitoring and communication issues and their implications for liability. The important issue of resident safety versus resident independence in this context is also well addressed. Chapter 3 explains the licensure and certification process and the difference between loss and suspension of a professional license. Unprofessional conduct is exemplified through a case study, and the legal mechanism of due process is introduced in a discussion of a professional disciplinary action and court review. …