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INDONESIA
Ius Humani. Law Journal
Published by Universidad de Los Hemisferios
ISSN : 1390440X     EISSN : 13907794     DOI : -
Core Subject : Humanities, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice
Ius Humani Law Journal is a platform (iushumani.org) open to researchers around the world. It contains articles in all languages, where writers publish original studies on persons rights (natural, human or constitutional) and about the effective procedures for the protection of rights. The studies are viewed both form the philosophical perspective and the perspective of the fundamental juridical principles. Ius Humani’s purpose is the diffusion of knowledge, and the promotion of debate on different juridical perspectives.
Arjuna Subject : -
Articles 225 Documents
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Problemas teóricos de la regulación legal de las innovaciones en el cuidado de la salud: experiencia de contrarrestar el Covid-19 Valentyn Fedorov; Sergii Kravchenko; Hanna Reznichenko; Nataliia Opara; Oleg Tsybokhin
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.254

Abstract

The work is devoted to identifying the main problems of legal regulation of innovations in the medical field and developing the best options for solving them in the context of the Covid-19 pandemic. Thus, the research methodology is based on general and special scientific methods, in particular: formal legal, historical and legal, comparative analysis, and modeling. So, the procedure and issues to be considered are as follows. In the introduction, we will briefly highlight the origins of intellectual property rights issues in the medical field and the overall state of the pharmaceutical industry. In the first subsection of the third section, we will consider the positions of the main players in the pharmaceutical industry and the contradictions between them. In the second subsection, we will highlight the international obligations under TRIPS. In the third subsection, we will consider the consequences of their direct violation. In the fourth subsection, the impact of Covid-19 and the methods of legal regulation of medical innovations and patents under the TRIPS agreement will be discussed. In the fifth subsection, we will propose a way out and a compromise according to the Indian scenario. As a result of the study, contradictions were identified in the aspect of maintaining the balance of private and public interests between states and international pharmaceutical companies in the context of a pandemic and proposed ways to resolve them within the existing legal methods under the TRIPS agreement to achieve an acceptable compromise.
Problemas para iniciar una investigación previa al juicio antes y durante la pandemia Covid-19. Comparación con el contexto internacional Larysa Arkusha; Oleksandr Torbas; Vladlena Voloshyna; Viktor Zavtur; Tetiana Babchynska
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.256

Abstract

The challenges posed by the spread of coronavirus infection are global and affect almost all spheres of public life, including criminal justice. To minimize direct social communication, the possibilities of using remote legal procedures in criminal proceedings have been expanded. The legal procedure of pre-trial proceedings established in the Criminal Procedure Code in the part of the beginning of the pre-trial investigation turned out to be misfit to the conditions of continuous quarantine. The purpose of the article is to identify, describe and propose solutions to the problems of starting a pre-trial investigation during the Covid-19 pandemic. Thus, to solve this problem, the article examines the existing problems of pre-trial investigation before and during the Covid-19 pandemic, taking into account domestic scientific experience, as well as current foreign practices to resolve this issue to study the possibility of adopting their best practices and implementing them in the legislation. In the process of research, such methods as the dialectical, structural-functional analysis, comparative-legal and historical method. It is necessary to emphasize the simplification of the procedure for reporting the detected signs of criminal offenses, which necessitates raising the professional level of law enforcement officers, as well as conducting large-scale information work among internet users.
Asegurando un equilibrio entre los intereses públicos y privados en la implementación de las medidas de cuarentena Yaroslav Lazur; Tetyana Karabin; Oleksander Martyniuk; Oleksandr Bukhanevych; Oksana Kanienberh-Sandul
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.257

Abstract

Under the influence of the spread of coronavirus infection, the world community has faced difficult challenges that provoke changes in the seemingly already stabilized legal regulation, putting at risk the settlement of human rights and the common good. The study aims to find effective mechanisms for balancing human rights and public interests in the context of their legal regulation. Specifically, this study is focused on the mechanisms of balancing private and public interests in the implementation of quarantine measures in the Covid-19 pandemic. The research methods were both general scientific and special methods, in particular: formal legal, historical and legal, analysis and synthesis. To perform the tasks of the work, the following structure was used: after some initial precisions, there are provided some considerations about the fiscal stimulus measures and about the exercise of the right of derogation; then, the study deals with the problem of lawmaking in a pandemic; and finally it is considered the threats to intellectual property in the sphere of healthcare. The results of the work show that the pandemic has seriously hit the balance between private and public interests. The public interests of the government and society have become a priority, but in many cases, the measures that infringe private interests are disproportionate, untimely and inefficient.
Realización del derecho a la protección de la salud en la medicina de seguros: la primera experiencia de Covid-19 Pavlo Lutsyuk; Inna Bolokan; Iryna Davydova; Alina Chanysheva; Svitlana Yakymchuk
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.259

Abstract

This article analyze the effectiveness of insurance medicine and the negative consequences of its work, which we could observe in the first period of the pandemic. The research methodology is based on general and special scientific methods, in particular: formal-legal, historical-legal, comparative analysis, and modeling. The procedure and issues to be considered are as follows: in the introduction, we will consider the concept of “the right to health care” and why it is important; in the first section, we will look at the general state of affairs, figures for different countries, and the first results of the fight against the pandemic; in the second section, we will touch on some of the problems of access to health care in the insurance system and its aggravation in connection with the pandemic; in the third, we will consider the impact of the pandemic on the health insurance system and how it could have been avoided some problems. The results of this study emphasize that the medical insurance system has extremely unsatisfactorily coped with the pandemic and its consequences, and therefore it is necessary at least to carry out a full-fledged official, and at best to develop an urgent comprehensive modernization program, taking into account the above positive experience of other developed countries.
Auditoría: aspectos legales en una pandemia Vitalii Olyukha; Vladimira Dobrovolska; Valentyna Chaikovska; Vadim Popeliuk; Juliіa Dyshkantiuk
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.260

Abstract

This article is devoted to changes in the economic and legal conditions of audit activity in the context of a pandemic and its consequences. It will be useful both to top managers of companies and to audit companies and their specialists. The object of the research is public relations in the field of auditing. The interests of the three main parties are distinguished separately: states, business and auditing companies. The work has the following structure: world experience in auditing during a pandemic; national legal framework for auditing: problems and solutions; the current state of the audit services market: problems and solutions; recommendations to the participants of the audit market. The research methodology is based on general and special scientific methods, in particular: historical-legal, formal-legal, comparative analysis, and modeling. The study concludes that it is the audit system that still acts as a locomotive for the business environment, since an audit is at the forefront of the latest technological solutions (processing Big Data, leveling information asymmetry), is able to quickly work with financial and economic reporting data and propose appropriate measures. However, for this, the business should not be afraid to change in the wake of this new changing world, and audit companies should quickly adapt to new trends and needs.
The New Gnosis and the Denial of Ontological Differences Jesús Ballesteros
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.261

Abstract

The current transhumanist or posthumanist movements continue the thesis of the old gnosis devaluing the creation like something imperfect. Its novelty is to believe in the possibility of overcoming the creation thanks to technology (biotechnology and bionics). The ideology of gender partly anticipates this way of thinking by devaluing the somatic difference between male and female. This denial of the differences then applies to those existing between the human and the non-human (on one side the primates, and on the other the computer). Posthumanism and transhumanism believe that technology will not only overcome the ontological differences, which form the human, but also the so-called extreme situations, such as illness, suffering and death itself. In this case, by copying the brain information as software to a hard disk. The intellectual myopia of these movements is clear: they reduce the scope of knowledge to mere genetic or electronic information, denying knowledge and, more importantly, wisdom. Their current success is due to their connection with the central thesis of financial capitalism: the need for total manipulation of the real and indefinite growth. Far from advancing the human being, they create malfunctions.
Blogueros, derechos de autor y algunas otras cuestiones legales Alla Kyryliuk; Viktoriia Lysenko; Alina Podolieva
Ius Humani. Jornal do direito Vol 9 No 2 (2020): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v9i2.262

Abstract

The purpose of the study is to find out the place of the blog in the field of copyright; identification the most pressing problems that may arise as a result of blogging; and finding the most effective approaches and options to solve the above problems. The object of research is the system of national and foreign legislation, legal doctrine, bills in the field of intellectual property, and copyright. Empirical methods such as observation and description and theoretical methods such as analysis, synthesis, generalization, and explanation were used in this work. The work has the following structure: first, it takes care of the differences in understanding of copyright regulation in different legal systems, the world experience in regulating intellectual property, and its history. Then, blog copyrights are analyzed, as well as online copyright infringement, ways to protect content, and some other actual realities. As a result of the study of the intellectual property legislation that governs this subject—in particular, in the field of copyright and related rights—there is a clarification of the notion of “blog” and the regulation that governs blogging in Ukraine is identified. In addition, some practical recommendations were given to bloggers on legal protection of their copyrights.
Protection of Intellectual Property Rights in the Field of Television and the Internet. The Notion of Teleformat Ulianova Halyna; Nataliia Baadzhy; Oleksii Podoliev; Denys Vlasiuk; Hanna Chumachenko
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.264

Abstract

The article is devoted to the main issues of protection of intellectual property rights in the field of television and the internet, related to the spread of piracy in the field of copyright and related rights, and to the unlicensed copying of television broadcasts. Moreover, there is an emphasis on the exacerbation of existing problems in the context of the Covid-19 pandemic and how this affected the industry. This research considers international and national legislation in the field of intellectual law, international experience of various countries, approaches to theory, and problems of implementing existing measures, in order to propose some options for optimizing existing mechanisms. The research methodology use the following methods: formal-legal, historical-legal, comparative analysis, and modeling. The main issues under consideration are the following ones: international broadcasting regulation, the problem of uniform terminology, and prospects for the legal regulation of copyright in television broadcasting. The authors defend the uncompromising protection of intellectual property, highlighting the lack of basic definitions, to propose their own definitions, in order to avoid the weak copyright protection of television broadcasting organizations.
Written Law and Interpretation, According to Gény Velásquez Villamar, Gastón Alexander
Ius Humani. Jornal do direito v. 10 n. 2 (2021): Ius Humani. Revista de Derecho
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v11i1.266

Abstract

The objective of this article is to understand the relationship between written law and the interpretation of the terms proposed by François Gény, taking into account his description of the interpretive phenomenon and the elements of its rationality. This paper is strictly referred to his work titled " Method of Interpretation and Sources in Positive Private Law", from which we establish the notions of law, interpretation, and rationality that the author developed, as well as his main ideas on extensive interpretation, analogy, the logical rules and the cases in which the elements extrinsic to the written law that can be considered in the practice of interpretation. We will finish by considering some references by the author to the method of free scientific research, such as his reflections on the limits of the interpretation dissociated from the will of the legislator. This article responds to a theoretical investigation, whose source is printed texts, therefore the methodology used required analytical synthetic and historical-logical methods. As a content analysis method, the textual analysis of the documents considered in the research has been used.
The Right to Housing: During and After the Covid-19 Pandemic Bohdan Fasii; Andrii Levytskyi; Andrii Savytskyi
Ius Humani. Jornal do direito Vol 10 No 1 (2021): Ius Humani. Law Journal
Publisher : Universidad Hemisferios

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31207/ih.v10i1.269

Abstract

The importance of ensuring the right to housing during the pandemic Covid-19 and avoiding its negative impact on all spheres of human life is multifaceted. In particular, the least protected sections of the population, who often do not have their housing at all, usually are deprived of the opportunity to follow the rules of social distance and suffer more than others from the disease. Unsatisfactory living conditions during the period of complete quarantine and the need to stay at home all the time, indirectly affect the mental state of people and cause quarrels, domestic violence, and other problems of their residents. The purpose of the study is to establish the constitutive elements of the right to housing as a basic constitutional right, and to find ways of legal foundation of this right. The subject of the study are national and international regulations that ensure the right to housing, decisions of national and international courts, and constitutional doctrine. The research methods were philosophical, general scientific, and special scientific methods such as system-structural, comparative and formal methods. As a result of the study, the authors of the article came to the conclusion that the right to housing should be provided both at the level of national and international regulations. Scholars and legislators need special attention to ensuring the housing rights of vulnerable groups. Government subsidies and benefits are key to both the poor affected by the pandemic and businesses that are forced to lose profits.

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