Voluntary Refusal Research Articles

Desenlaces de la hospitalización y síndrome post - agudo por COVID - 19

Introduction. 10-20 % of hospitalized patients for COVID - 19 have clinical manifestations lasting more than three weeks, particularly musculoskeletal symptoms (including arthralgia and myalgia), besides fatigue, insomnia, anxiety, and cognitive dysfunction, among others. Objective. We aimed to determine the frequency of post - acute COVID - 19 syndrome in those who had been hospitalized. Material and Methods. A cohort of COVID - 19 patients discharged from the hospital between April 2020 and March 2022. Data were obtained via telephone survey. Results. 82.8 % out of 128 patients were still alive 12 months after their hospital discharge; deaths were associated with voluntary discharges or refusal of intubation; 61.3 % reported good health. Clinical manifestations lasting more than three weeks occurred in 38.7 % (95 % CI: 29.9 % - 47.5 %). The most common ones were fatigue (50.9 %), dyspnea (46.2 %), arthralgia/myalgia (17 %), depression (10.4 %), and hair loss (12.3 %); 26.4 % continued with symptoms or signs 3 to 4 weeks post - discharge, 52.8 % had no medical follow - up, and 45.2 % sought private medical care; 82.1 % was vaccinated after discharge. Conclusions. Clinical manifestations of moderate to severe COVID - 19 remains high after hospital discharge in Mexican patients in this series.

Сharacteristics of voluntary refusal from preparing to commit a criminal offense

Сharacteristics of voluntary refusal from preparing to commit a criminal offense

National Trends and Factors Associated with Voluntary Refusal of Glioblastoma Treatment: A Retrospective Review of the National Cancer Database

Adherence to combinatorial treatments are important predictors of improved long-term outcomes for patients with glioblastoma (GB); however, factors associated with refusal of surgery, chemotherapy, or radiotherapy (RT) by patients with GB have not been studied. The National Cancer Database was queried from 2004 to 2018 to identify patients with a primary diagnosis of GB who underwent surgical resection alone or followed by either RT or chemotherapy. Adult patients who voluntarily rejected a physician's recommendations for 1 or more treatment were selected. Multivariable regression was used to identify factors associated with rejection of surgical resection, chemotherapy, and RT. Patients receiving treatment were 3:1 propensity score matched to those rejecting treatment and median overall survival (OS) was compared. 58,788 patients were included in the analysis. Factors associated with voluntary refusal of GB treatment included: old age, nonprivate insurance, female sex, Black race, comorbidities, treatment at a nonacademic facility, and living 55+ miles away from a treatment facility (P < 0.05). On propensity matched analysis, refusal of surgery conferred a 4 month decrease in OS (P < 0.001), RT an 8 month decrease in OS (P < 0.001), and chemotherapy a 7 month decrease in OS (P < 0.001). In patients with GB, age, sex, race, nonprivate insurance, medical comorbidities, distance from treatment facility, and geographic location were associated with refusal of surgery, postsurgical RT, and chemotherapy. In addition, treatment refusal had a significant impact on OS length.

The voluntary refusal to commit a crime in the criminal law of Russia and China

The voluntary refusal to commit a crime in the criminal law of Russia and China

Remuneration for Active Refusal to Commit a Crime as an Effective Method of Combating Bribery

The paper examines effectiveness of legal mechanisms employed for combating corruption. The author analyzes economic benefits for the «bribe-taker» and «bribe-giver» when they are choosing different behaviors in typical situations classified according to the reason of the initiating party, the stage of implementation of a corrupt transaction, etc. The author concludes that an economic benefit for the parties in concluding a corrupt transaction, as well as in maintaining its confidentiality, causes latency of bribery. This circumstance results in introducing legal mechanisms into legislation and law enforcement practice that allow individuals and legal entities to economically encourage individuals and legal entities to refuse an offer from officials to pay a bribe, notify law enforcement agencies about the incident and participate in procedural actions aimed at detecting criminals. Remuneration may be provided in monetary form, while the amount should be significantly higher than the expected benefit from the suppressed corruption transaction, and/or in the form of providing a public service (even if there are no legal grounds for receiving it), and/or in the form of a refusal by a public authority to demand the performance of a civil duty. The author compares the mechanism indicated in the title of the paper with the voluntary refusal to commit a crime, determines its place in the system of incentive norms, compares it with other types of remuneration for assistance in uncovering a corruption crime, and analyzes foreign experience. The author proposes to supplement a number of legislative acts with provisions regulating remuneration for the expressed refusal to commit a crime.

Forced feeding of convicts: problems of theory and practice

The problematic issues of legislative consolidation and application of forced feeding to convicts who refuse to take food in institutions of execution of punishment are considered.&#x0D; An analysis of domestic and international legislation in the field of treatment of convicts, prohibition of torture and other cruel, inhuman or degrading treatment and punishment, principles of medical ethics and deontology regarding the admissibility of forced feeding of persons who have declared a hunger strike was carried out.&#x0D; Special attention is paid to the analysis of the decisions of the European Court of Human Rights against Ukraine, which found a violation of Article 3 of the Convention on the Protection of Human Rights and Fundamental Freedoms in the context of the treatment of convicts during their forced feeding, which was classified as torture.&#x0D; Emphasis has been placed on the fact that the Convention on the Protection of Human Rights and Fundamental Freedoms in itself does not prohibit forced feeding, the purpose of which is to save the life of a specific person who is in custody and who deliberately refuses to eat. At the same time, it has been emphasized the need to comply with the requirements established by the European Court of Human Rights regarding the implementation of this procedure.&#x0D; It has been proposed to abandon and prohibit the forced feeding of a mentally healthy and capable person who has declared a hunger strike, contrary to his informed and voluntary refusal, in the form in which it currently exists, replacing it with artificial feeding (supportive therapy) with the express or necessarily implied consent of the person.

Mitigation of punishment and criminal defenses in criminal legislation of Canada and Republic of Uzbekistan (comparative analysis)

The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of determining the punishment for the criminal offences committed in a state of mental disorder, as well as insanity and diminished responsibility for incomplete offences and criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada's some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided

СОВЕРШЕНСТВОВАНИЕ ПООЩРИТЕЛЬНЫХ НОРМ ЗА ДОБРОВОЛЬНЫЙ ОТКАЗ ОТ СОВЕРШЕНИЯ КОРРУПЦИОННОГО ПРАВОНАРУШЕНИЯ СОТРУДНИКОМ ОРГАНОВ ВНУТРЕННИХ ДЕЛ

Modern realities are increasingly raising problems caused by the violation of anti-corruption legislation in the structure of internal affairs bodies (ATS), which are outside the criminal and administrative responsibility. The growing interest in the above-mentioned issues determines the relevance of the annotated topic. In this article, the perspective of the stimulating potential of the use of incentive incentives for voluntary refusal to commit a corruption offense by an employee of the Department of Internal Affairs is considered. When writing the article, empirical methods were used such as: survey, monitoring, study and generalization, retrospective and forecasting. The effectiveness of minimizing corruption offenses will be possible when enabling the operation of incentive incentives, acting as a special internal regulator and influencing tool that helps eliminate corrupt interest in the environment of police officers

Distal intestinal obstruction syndrome in a child with cystic fibrosis

The aim of the study – to analyze the clinical case of a child with distal intestinal obstruction syndrome in cystic fibrosis. A 9.5 year old patient was admitted to the Gastroenterology Department of the Republican Specialized Scientific and Practical Center of Pediatrics with complaints of an increase in abdominal circumference, increased peristalsis, weakness, lethargy, swelling in the limbs, loose stools, and weight loss. From the anamnesis: from the age of 6 years it was observed periodic vomiting, not associated with food intake. At the age of 8 years, the condition worsened, bloating joined the vomiting. At the place of residence, the diagnosis was made “Acute intestinal obstruction. Volvulus of the sigmoid colon”. Over the next 6 months, the condition was relatively satisfactory, and then stool disorders began – 3–4 times a day and bloating. Considering the presence of steatorrhea, changes in the pancreas on ultrasound and MSCT, the child was referred to a geneticist, the result of a sweat test was 86.0 mEq/l. The diagnosis was made: Cystic fibrosis, mixed form. Syndrome of distal intestinal obstruction. Partial intestinal obstruction. Severe PEI, celiac disease and HIV were excluded. On the background of the therapy, the child’s condition improved relatively. Within a month after discharge, the condition was satisfactory, and then worsened again. After 3 months, the girl was re-hospitalized with the same complaints. After consulting the surgeons, recommendations were given to perform the operation due to the appearance of signs of partial lower intestinal obstruction, but the relatives signed a voluntary refusal of the operation, the child was taken home against receipt. The girl was discharged with the final diagnosis: Cystic fibrosis, mixed form, severe course. Syndrome of distal intestinal obstruction. Partial lower intestinal obstruction. Syndrome of exudative enteropathy, severe PEI. The girl died 2 weeks after discharge. Distal intestinal obstruction syndrome (DIOS) may be misunderstood by those who are not familiar with cystic fibrosis. Pediatric gastroenterologists, surgeons should be alert when this condition is detected in combination with other symptoms indicating cystic fibrosis.

EUTHANASIA: BETWEEN THE RIGHT AND THE OFFENSE

The problem of legalization or continuation of the ban on euthanasia at the national level continues to cause wide public resonance. This problem is complex in nature, because it concerns not only medical issues, but also legal and bioethical issues. Euthanasia significantly increases the risks of abuse of this right for patients who wish to implement an appropriate dignified and meaningful end-of-life procedure to end suffering. The purpose of the article is to reveal the dualistic essence of euthanasia – as a person’s right to a dignified death, and as a criminal offense. The article focuses on modern scientific views on euthanasia, covering three aspects: 1) negative – support for the current ban on euthanasia; 2) positive – the need to create legal instruments to implement the right to voluntarily end one’s life; 3) alternative – supporters of which consider the possibility of replacing euthanasia with other procedures that are more humane from the point of view of bioethics (palliative care, voluntary refusal of treatment, etc.). Attention was drawn to the fact that the right to freely dispose of one’s own life is enshrined in national legislation. Yes, the patient’s refusal of medical intervention or treatment may result in the approaching moment of death. The spread of the international practice of further liberalization and expansion of the circle of states that support euthanasia procedures are emphasized. Attention is focused on the fact that the variety of procedures and forms of euthanasia does not allow to clearly determine which of them is the most acceptable from a legal point of view. At the same time, all such procedures and forms provide for one thing – the right of a terminally ill or chronically ill person to independently determine how and when to die. It was concluded that euthanasia is a person’s own choice and this is the most important thing in his awareness as a component of the right to life. The position regarding the possibility of its legalization in Ukraine in the future is supported.

The moment of the conclusion of criminal offenses related to the illegal movement of objects across the customs border of Ukraine: analysis of scientific positions

The research paper offers author’s overview of problematic issues related to the termination of criminal offenses, which consist in the illegal movement of objects across the customs border of Ukraine.&#x0D; Analysis of modern publications devoted to the issue under consideration has been carried out. Given that the key feature of the objective side of smuggling is the actual movement of certain objects across the customs border of Ukraine, it is precisely with this concept that the issues of determining the moment at which the crime is considered finished, as well as the issue of voluntary refusal to commit smuggling, are closely related. Attention has also been pointedly drawn to the inconsistency of law enforcement practice in terms of determining the moment of the end of smuggling (in particular, in the context of the unofficial interpretation of clause 8 of the resolution of Plenum of the Supreme Court of Ukraine “On judicial practice in cases of smuggling and violation of customs rules”).&#x0D; Attention has also been drawn to the lack of unity in academic community and law enforcement practice regarding the solution to the issue of the conclusion of smuggling when it is committed by hiding items from customs control.&#x0D; It has been established that the current wording of Art. 201 of the Criminal Code, the interpretation of the moment of the end of smuggling, based on the fact of crossing the border in case of export of objects outside Ukraine, has the consequence of establishing the fact of the end of smuggling only when the objects have already entered the territory of another state, which significantly complicates fight against smuggling.&#x0D; At the same time, scientific thesis has been supported that the transfer of the end moment of smuggling to an earlier stage is possible only after thoughtful editorial changes have been made to Art. 201 of the Criminal Code.&#x0D; Based on the results of the conducted research, conclusion has been formulated that the determination of the moment of the end of smuggling should be approached differently and should take into account whether the objects of crime are being imported or exported.

Social and legal problems of discrimination by age in the medical field

The article aims to analyze the medical and legal aspects of human equality. Discrimination in the medical field affects both medical personnel and patients. The authors have used the method of comparison of legal regulations of various states, the systematic method, which allowed to reconcile the approaches: medical and legal and the synergistic method as a method of development of a modern globalizing society. It has been found that the typical policy of agism includes the requirement to examine elderly physicians as to their competence or skills without objective and substantiated reasons. Everything leads to the conclusion that, discrimination of elderly patients manifests itself in treating them with less respect and courtesy and providing a worse level of services in medical institutions. Discrimination of gediatric patients is caused by their lack of legal opportunity to express their opinion on consent or voluntary refusal of treatment, including vaccinations.

MITIGATING FACTORS AND CRIMINAL defences IN CRIMINAL LEGISLATION OF THE SLOVAK REPUBLIC (COMPARATIVE ANALYSIS)

This paper provides a comparative analysis of the criminal legislation of the Slovak Republic in the area of consideration of the mitigating factors and criminal defences. Existing research provides an overall exploration of mitigation of sentence institution in accordance with the existing edition of the Criminal Code of the Slovak Republic, announced on 20 May 2005 and entered into force on 1 January 2006 and the Criminal Code of the Republic of Uzbekistan, enacted on 22 September 1994 and entered into force from 1 April 1995, including the issues on determining the punishment for the criminal offences committed in a state of mental disorder as well as insanity and diminished sanity, for uncomplete offences and the criminal complicity, including criminal defences, institutions on the voluntary refusal from the commission of an offence. Pursuant to the results of the conducted comparative analysis, similar and different sides of existing criminal laws have been clarified, and decisions on the concluded analysis and final conclusion on the implementation of Slovak Republic’s criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.

Mutism. What to expect?

IntroductionMutism is the inability or unwillingness to speak, resulting in an absence or marked paucity of verbal output. Mutism is a common manifestation of psychiatric, neurological, and drug-related illnesses. Psychiatric disorders associated with mutism include schizophrenia, affective disorders, conversion reactions, dissociative states, and dementias. Neurological disorders causing mutism affect the basal ganglia, frontal lobes, or the limbic system.ObjectivesOutline the importance of setting a differential diagnosis of mutism in the Emergency Room.MethodsReview of scientific literature based on a relevant clinical case.Results Male, 58 years old. He has lived in a residence for 3 months due to voluntary refusal to ingest. Diagnosed with paranoid personality disorder. He is refered to the Emergency Service due to sudden mutism. During this day, he has been stable and suitable with a good functionality. For 3 hours he is mutist, oppositional attitude and stiff limbs, refusing to obey simple orders. Hyperalert and hyperproxia. Not staring. After ruling out organic pathology: normal blood tests, negative urine toxins and cranial CT without alterations, he was admitted to Psychiatry for observation and, finally, he was diagnosed with Psychotic Disorder NOS.ConclusionsMutism most often occurs in association with other disturbances in behavior, thought processes, affect, or level of consciousness. The most common disorder of behavior occurring with mutism is catatonia. The differential diagnosis of mutism is complex. In some cases the diagnosis will be clarified only by careful observation and after a neurological evaluation. Published studies show neurological disorders presenting with mutism can be misdiagnosed as psychiatric.DisclosureNo significant relationships.

Knowledge and Risk factors of Cervical cancer among women in towns of Pune Division - Maharashtra

Cervical cancer (CC) is a worldwide disease with 97000 of new cases per year occurring in most populated country, India. The objective of this study was to find possible factors which could affect knowledge about CC and, some CC risk factors in our community. A community-based cross-sectional study was carried out in Maharashtra, State of India. Knowledge about CC is modulated by the level of education and the young age of women. Risk factors although universal seem to vary according to the geographical area and the socio-cultural environment where one lives. Some risk factors identified are early onset of sexual intercourse, polygamous marriages, multiple sexual partners, the sexual behavior of the male partner, Human papilloma virus (HPV) infections, sexually transmitted diseases (STDs), Human Deficiency Virus (HIV), and history of genital warts. No enhancement of lifestyle as the voluntary refusal of cervical cancer screening and CC vaccination have also be found to be risky attitudes for CC.

Voluntary Refusal to Commit a Crime: Significance, General and Special Signs

The article describes and examines the significance of the rule of the voluntary refusal to commit a crime, as well as explores its general and special signs. It is noted that the voluntary refusal to commit a crime is the rule contained in any modern, progressive law. In this vein, there are different theoretical approaches to the determination of its value and signs. The signs are debatable in nature, and their establishment by the law enforcer may cause difficulties. The difference between voluntary refusal to commit a crime, which is implemented in three functions, is determined, definitions of general signs of voluntary refusal are proposed, their content is clarified. Special signs of voluntary refusal are disclosed.

Voluntary Refusal and Unapproachable Criminal-Legal Acts

The article raises the problem of the absence of a generally accepted opinion on the legal nature of voluntary refusal to commit crimes, as well as actions directly aimed at committing a crime before the legal end of the crime. The purpose of the work is to reveal the criminal-legal nature of acts aimed at committing a crime. Tasks: 1) determine the legal nature of the voluntary refusal to commit a crime; 2) find out the criminal legal nature of the acts that are aimed at committing a crime; 3) consider the acts that are aimed at committing a crime, through their correlation with other legal facts in the criminal law system. Research methods: technical-legal, formal-logical, analytical. After analyzing the act, which is expressed in the creation of conditions to commit a crime, and also sent directly to the Commission of a crime, to legal the crime or occurrence beyond the control of individuals circumstances due to which the intended crime will not be brought to an end, in the following conclusions: – the considered acts are by their nature socially dangerous illegal non-criminal criminal acts; – the acts under investigation are legal facts of criminal law that lead to the emergence of protective criminal legal relations; – the content of the resulting protective legal relations is not the implementation of criminal liability or other measures of a criminal legal nature, but the obligation of the state to prevent the Commission of relevant socially dangerous actions (inaction); – being illegal acts, they are not punishable, since before their suppression, the person has the right to voluntarily refuse to commit the intended crime; – as legal facts, they are inextricably linked with other actions or events that together create other legal structures in the criminal law system: crime or voluntary refusal; – the legislator did not take into account the peculiarity of the legal nature of the studied non-criminal acts when formulating the “voluntary refusal of a crime” in the criminal law, as a result of which its definition by content is logically contradictory. It is not possible to voluntarily refuse to prepare for a crime because an inherent feature of preparing for a crime in accordance with the criminal law is the presence of circumstances beyond the person’s control, as a result of which the person does not complete the intended crime. It is the presence of these circumstances that makes it impossible to make a voluntary refusal.

About the types of unfinished crime

The article is devoted to the study of the scope of the concept of an unfinished crime. In the literature, in addition to the types of unfinished crime named by the legislator (preparations for a crime and attempts at a crime), others are also distinguished (voluntary refusal of a crime, voluntarily abandoned preparation and attempt, incomplete and complete attempt at a crime). Based on the normative material (Articles 29 and 31 of the Criminal Code of the Russian Federation), this approach is critically evaluated. At the same time, it is noted that in science, at the level of an unfinished crime, the often produced classifications of preparations for a crime and attempts at a crime do not manifest themselves in any way. The author considers this to be an inconsistency of theoretical analysis. He tries to overcome it and offers to distinguish, on the one hand, complete and incomplete unfinished crimes, on the other hand, objectively and subjectively unfinished crimes. At the same time, it is proposed to understand under complete-an unfinished crime, in which a person believes that he has done everything necessary to bring the crime to an end; under incomplete an unfinished crime, in which a person believes that he has not done everything necessary to bring the crime to an end; under objectively unfinished crimes that were not completed due to an error on the part of the persons who committed them; under subjectively unfinished crimes that were not completed due to an error on the part of the persons who committed them. Assessing the significance of the identified types of unfinished crimes, in conclusion, it is noted that they, without affecting the criminal responsibility itself, are important for its implementation, because the more completely an unfinished crime is committed, the closer it is to the finished one and the more severe punishment is permissible, all other things being equal; erroneous actions of a person indicate less public danger, which, all other things being equal, on the contrary, should entail less severe punishment.

AUTHORITY TO DISPOSE OF NATURE USERS: SOME PROBLEMS

The article analyzes the authority to dispose as an element of the subjective right to natural resources usage. The methods of disposal provided by the legislation of the Republic of Belarus are analyzed, such as voluntary refusal to exercise the nature usage right, restricting access to a natural resource plot provided for use, attracting other persons to use it on the basis of a civil law contract, providing land plots for lease or sublease, etc. It is concluded that it is necessary to systematize, within the framework of the sectoral nature resource legislation, the rights of users of natural resources to transfer part of their powers to other persons. The author notes that in the future it is not only possible, but also necessary to expand the authority to dispose of nature users, including through the development of the institution of secondary nature usage.

К вопросу о добровольном отказе от совершения преступления

Based on the analysis of the current criminal legislation, the article discusses a number of issues related to the institution of voluntary refusal to commit a crime. There are two main characteristics that define voluntary renunciation of a crime – voluntariness and finality. In order to pose the problem, the authors draw attention to the fact that the provisions of certain norms of the Special Part of the Criminal Code of the Russian Federation, providing for the exemption from criminal liability of a person if he voluntarily released a kidnapped or hostage and if his actions do not contain any other corpus delicti, with a certain degree of conditionality can be considered as special norms in relation to voluntary refusal to commit a crime (general norm). If there is a fundamental difference between them related to the commission or absence of a crime as such, they are related by the fact that in both cases persons do not allow the onset of socially dangerous consequences of their actions. Moreover, they act voluntarily. The article also contains the author's position on the debatable issue of the possibility of voluntary refusal to commit a crime when an attempt on a crime is completed.