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Long way to the 2014 Istanbul Convention : its role and significance
Eva Hršak, Jernej Kovač, 2023, review article

Abstract: This article investigates the historical aspects of physical violence in intimate relation-ships. The primary purpose is to illustrate the legal aspects and emotional dynamics of physical violence in intimate relationships, focusing on differences in perspective of various historical eras. We analyzed the Istanbul Convention, which represents a base document for preventing physical violence in domestic environments. In addition, we have analysed curriculum in kindergarten. We have discovered that the topics from the Istanbul Convention are incorporated in the kindergarten.
Keywords: physical violence, intimate relationship, human rights, legislation, Istanbul Convention
Published in DKUM: 15.04.2024; Views: 153; Downloads: 8
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Eroded rule of law, endemic violence and social injustice in Brazil
Mitja Kovač, Marcela Neves Bezerra, 2020, original scientific article

Keywords: Brazil, human rights, criminal, legislation
Published in DKUM: 15.01.2021; Views: 678; Downloads: 0

Jurisdictional control in the sphere of public health protection in the Russian Federation
Sergey Victorovich Potapenko, Evgeniy Borisovich Luparev, 2020, original scientific article

Abstract: The article is devoted to the issues of mandatory judicial control over acts of subjects endowed with state powers in the field of medical activity. In particular, we consider the judicial and administrative practice of resolving administrative legal disputes in connection with instituting administrative action in the field of public health protection. The current Code of Administrative Judicial Procedure (CAJP) of the Russian Federation combines the legal procedures previously included in separate regulatory acts for judicial control in the mandatory treatment of people suffering from mental illness, the active form of tuberculosis, as well as other diseases, the list of which remains open.
Keywords: medical law, health protection, mandatory judicial control, medical legislation, administrative proceedings
Published in DKUM: 15.01.2021; Views: 708; Downloads: 25
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The use of genetic information in the implementation of insurance : current problems and prospects for their solution
Vladimir Nikiforov, Ekaterina Suvorova, Sergey Zenin, 2020, original scientific article

Abstract: Increasing the efficiency of risk assessment for the purposes of personal insurance is impossible without using the latest achievements of modern science. This translates into a growing interest in the use of genetic research results by insurers, which manifests itself not only in legislation and insurers' practices, but also in international recommendations on personal medical data processing for insurance purposes. Based on analysis of foreign practices, the authors determine priority areas of respective legislation development, in particular, legislative recognition of a ban on insurers' access to genetic data in the context of obligatory medical insurance and group insurance programs; granting insurers the right to use genetic testing results for the purposes of life insurance, personal accident and sickness insurance, voluntary medical insurance, if the sum insured exceeds a statutory threshold.
Keywords: personal insurance, genetic testing, epigenetic changes, legislation, diagnostic tests, prognostic tests
Published in DKUM: 15.01.2021; Views: 640; Downloads: 22
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Sex change in islamic jurisprudence (fiqh) UAE law : a juristic analysis
Hamza Abed al-Karim Hammad, 2019, original scientific article

Abstract: This study elucidates the positions of Islamic jurisprudence (fiqh) and the laws of the United Arab Emirates (UAE) on transsexuals' surgery. Using comparative analysis, the author concluded that the UAE law does not specify a rule regarding for transsexuals, but does state that in situations where the law is silent, then fiqh should be refereed to. Fiqh prohibits it; thus, the law does as well.
Keywords: sexual switch, transsexual, reassignment surgery, islamic law, emirati legislation
Published in DKUM: 15.01.2021; Views: 662; Downloads: 26
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Important issues of providing genetic services in Serbia from the perspective of medical law
Hajrija M. Mujović-Zornić, 2016, original scientific article

Abstract: Medico-legal issues that arise from the work of genetic health services became in recent time very current, especially regarding the Serbian law issues and dilema how to treat rare diseases patients among other vulnerable groups, wish often were not recognized in society. The legal system shall be an important mechanism, which could help by giving some solutions concerning the relations, rights and obligations of all parties in providing genetic services (informing, counseling, testing, keeping privacy). The law is invited to establish a delicate balance between legal qualification and more practical issues. In many countries there are medical guidelines for health professionals and biologists who work in the area of human genetics, according to which is done the essential rules for medical proceedings, with also significant parameters for legal decisions. Sometimes the legal situation is more complex when it includes malpractice cases due to violation of rights or breach of professional duties and contractual obligations in genetics. All issues should be consider from the aspect of Serbian legislator efforts to make a new codification in the area of genetic diagnostics, which is adopted in January 2015.
Keywords: medical genetic, legislation, human rights, case of Serbia
Published in DKUM: 09.10.2018; Views: 1075; Downloads: 258
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Self-assessment system : detrimental effects on entrepreneurial and innovative activity
Mitja Kovač, Patricia Kotnik, 2015, original scientific article

Abstract: Efficient regulatory mechanisms that induce innovation, co-operation and deter competition law infringements have recently been the subject of growing attention. Competition is essential to the innovation process which in general terms enables entrepreneurship. But so too is co-operation between firms which requires an exchange of information and may lead to inefficient collusive behaviour. The optimal trade-off between the provision of stable entrepreneurial incentives and the new European competition law’s reform with the self-assessment system has been largely missing from the current scholarly debate. This paper identifies the unintended, harmful horizontal side effects of this new European self-assessment system upon the entrepreneurial activity, offers a legal evaluation of the optimal entrepreneurial incentive mechanisms and provides legal and entrepreneurial arguments for an improved regulatory response.
Keywords: Slovenia, pravo, insolvency, legislation, competition policy, information exchange, entrepreneurship, innovation, self-assessment system
Published in DKUM: 02.08.2018; Views: 896; Downloads: 96
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Basic state requirements for environmental aspects to enterprises in the Russian Federation
Oleg Ilyasov, 2016, independent scientific component part or a chapter in a monograph

Keywords: legislation, environment, environmental policy, ecology, companies, enterprises, environmental monitoring, laws, Russia
Published in DKUM: 10.05.2018; Views: 1036; Downloads: 70
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Changes in tax legislation and social responsibility of taxpayers and legislative institutions
Vesna Štager, 2018, original scientific article

Abstract: The article deals with the cost of tax compliance which arises for taxpayers from tax complexity and the constant changes in tax legislation. A socially responsible institution for the fiscal aggression is the Financial Administration of the Republic of Slovenia, as its powers and responsibilities creates the tax position of individuals, businesses and the entire economy. The aim of our research is to encourage socially responsible behaviour of legislation institutions in adopting the tax legislation, which will help to improve the social responsibility of taxpayers and increase tax compliance.
Keywords: social responsibility, tax compliance, changes in tax legislation, tax aggressiveness
Published in DKUM: 03.05.2018; Views: 1277; Downloads: 344
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