The aim: The article is aimed at elucidating the prospects for the formation of universal ethical and legal standards in the work of medical workers in order to ensure the reproductive choice of a person according to the analysis of international documents, court practice of the ECHR, and the national legislation of individual European countries. Materials and methods: Research materials include scientific developments of both domestic and Western theorists and human rights defenders in the field of medical law in the aspect of reproductive choice. The recommendations of the Center for Reproductive Rights in the USA, the World Health Organization, the United Nations, and the ECHR practices were of great importance. This article used the methods of searching, analyzing, organizing, and summarizing information. Conclusions: It is necessary to ensure the provision and guarantee of reproductive choice for everyone at the level of the Constitution. Given the public debate about the contradictions of individual manifestations of reproductive autonomy, it is proposed at the first stage of legal regulation to develop national principles and ethical standards for medical workers in this area
The purpose of this article is to establish the compliance of electronic procedures with the requirements of the rule of law, which is currently the main criterion for the legitimacy of the activities of state authorities. The methodological basis of the scientific work was made up of general scientific and special-legal methods, in particular systemic, analysis and synthesis, formal and legal, and comparative-legal. The author clarified the main approaches to understanding the category of legal procedure, proposed classification criteria depending on the presence of a connection with the legal process into procedural and non-procedural ones. The article examines the peculiarities of improving procedures in the field of law enforcement, particularly judicial proceedings, under the influence of digital transformation. The author formulated the concept of electronic legal procedure as a special type of legal procedure, which is implemented with the help of information and communication technologies, aiming at achieving certain legal consequences and regulated by procedural legal norms and technical norms. The study also provides an analysis and evaluation of the effectiveness of the digital legal procedure, identifies the advantages of using electronic procedures in the period of crisis phenomena, such as facilitating access to justice, increasing the publicity and openness of the judicial process, and significantly reducing the time and material resources of the trial. At the same time, the possible risks of the digital transformation of court procedures in the context of the rule of law are outlined, which are associated with the violation of equal access to justice due to the lack of technical capabilities, ensuring confidentiality, the possibility of using discriminatory algorithms, the lack of procedural opportunities to appeal decisions made by artificial intelligence systems. Thus, the author proposed to develop a holistic concept of electronic court procedures, to establish digital procedural principles and rights of the subjects of such procedures at the regulatory level.
The scientific article is devoted to the substantiation of the procedural nature of the official interpretation of legal texts. The author emphasizes that it is on the official interpretation that legally significant decisions are based, which establish the specific rights and obligations of the subjects. However, today there are no systematized methodological recommendations, requirements, officially established legal procedure and principles of interpretive activity, which could determine common standards of official interpretation. The procedure of interpretation consists in the sequence of actions of the authorized subjects within separate stages.The article formulates the author’s definition of legal interpretation procedure as a system of successive legally significant actions of authorized entities, which are aimed at clarifying, constructing and explaining to other legal entities the meaning and scope of legal norms formulated in legal texts. Taking into account the latest methodological approaches to interpretation and the requirements of the rule of law,the author reveals the content of legal interpretation, which consists of separate stages, which in turn include a number of successive procedures. In particular, the stage of clarifying the content of the legal text involves the following procedures: initial study of the legal text and the form of its consolidation in the provisions of the legal act, comprehensive analysis of the legal text, analysis of the received interpretation in terms of justice, human rights, rule of law, design normative rule. The explanation, according to the author, includes the following procedures: preparation of a draft interpretative act, namely a legal document that contains an explanation of the content and application of the legal norm, formulated by the authorized body within its competence; adoption of a legal interpretation act, making it universally binding for all those who apply the clarified rules of law; promulgation of an interpretative act, namely, bringing its content to the attention of society or law enforcement agencies; control over the use of the act of interpretation of the law by the subjects of its application; generalization of legal interpretative acts in order to systematize them. Given the importance of official interpretation of legal texts, the feasibility of determining at least the general principles of legal interpretation at the regulatory level is considered. Keywords: interpretation of law, official interpretation, legal procedure, legal interpretation activity.
. This article aims to identify the current issues affecting armed conflict participants and their prospects within modern medical law in pandemic and post-pandemic times. Theoretical foundations, supported by the dialectical method, were used to study and outline the current international humanitarian law and modern medical law problems challenging combatants. The formal legal and comparative methods abetted suggesting directions for the combatants’ medical and human rights to rehabilitation in a context of global changes and social transformations in pandemic and post-pandemic times. Ultimately, combatants’ interrelated challenges and prospects in these times involve financial, social, medical, and legal components requiring modernizing the rehabilitation system. Thus, an effective policy regarding participants in hostilities will ensure a common national policy that protects every member of society.
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