Juridical Tribune - Tribuna Juridica

12

Authors: Lecturer Mihaela MARICA

The proliferation of the teleworking phenomenon entails a number of aspects, such as the organization of working time or the work safety and health of teleworkers, which are not fully covered by the current legislation. This puts teleworkers at an increased risk of being treated less favorably than regular workers and implicitly calls for additional protective measures for teleworkers. Consequently, the present paper offers an overview of the main legislative documents adopted by the European Union, which concern teleworkers directly or indirectly, in order to ascertain the extent to which the current legislative standards meet the specific needs of the teleworkers. Also relevant for this aim is the comparative law analysis which demonstrates how some states of the European Union have increased their efforts to amend their legal systems, in order to eliminate the discriminatory practices detrimental to teleworkers and to enhance the protection they enjoy. The study presents the different legislative perspectives of Germany, France, Spain, Italy.

14

Authors: ssociate professor Jana KAJANOVÁ; Associate professor Silvia MATÚŠOVÁ; Mgr. Peter NOVÁČEK

The European Green Deal creates a framework for sustainable business and for the implementation of new models of business and service provision. Sustainable business promoted by the European Union is determined by the enforcement of common measures in all EU member states. The paper aims to clarify a new business model, namely a sustainable business model, adopted by business companies which incorporate sustainability into the management and management systems of the company and make managerial decisions with regard to the protection of human rights and the protection of the environment. By using scientific methods such as a systematic analysis of valid legislation framework of sustainable business, a survey of factors influencing sustainable business, synthesis of acquired knowledge, and the comparison of acquired data, the authors formulated recommendations regarding sustainable business. A key aspect of sustainable business is the business environment, based on the principles of fairness, transparency, environmental sustainability, decent work and human dignity. Sustainable businesses are a benefit to the economy of each EU member state and a source of growth and employment. The benefit of the paper is to highlight of the EU activities, promoting sustainable development and the transition of economies and business companies to sustainability.

14

Authors: Professor Oleksandr SHEVCHUK; Professor Nataliya MATYUKHINA; Associate professor Svitlana DAVYDENKO; Associate professor Oleksandra BABAIEVA; Associate professor Oleksandr LYSODYED

The article analyzes the features of the appointment and conduct of forensic examinations carried out in the process of protecting human rights in the healthcare sector. In this work, a system of general scientific and special methods was used to achieve the goal of the study. The content of such categories as "medical care", "forensic examination", "expert", "medical error", "medical error", "defect in the provision of medical care" is disclosed, their place in the general classification of offenses in medical activity is indicated, types of legal liability for professional offenses in the healthcare sector. The tasks, object and stages of conducting forensic examinations carried out in the process of protecting human rights in the field of healthcare have been established, problematic legal issues related to these examinations have been identified, and directions for their solution have been proposed. The stages of conducting forensic examinations carried out in the process of protecting human rights in the healthcare sector are identified, namely: (1) preparatory; (2) organizational; (3) main; (4) the final. It is concluded that the forensic examination carried out in the process of protecting human rights in the healthcare sector is an effective procedural technique for proving professional offenses of medical workers.

19

Authors: Professor Oksana KHOTYNSKA-NOR; Professor Iryna IZAROVA

Sustainable development became an essential part of our world since we realized the fragility and limits of our system, dangerous of resource exhaustion, and insistently looking for the way to stabilyze our life and life of our descendents, to restrict risks of collapses. Last years’ catastrophes – the pandemic of COVID-19 and the war in Ukraine, both are still existed, show us undoubtedly that we have to be more careful using our resources and develop our relations in economics and politics. In this article authors made an attempt to reconsider the approaches to understanding judiciary in Ukraine, using the new coordinates – generation born since 1980 till 1996 so called Millennials (generation Y), dictating new requests to life, and, in our opinion, to justice and judiciary development. Analysis of the impact of Millennials (generation Y) on the development of the judicial system is a complex process for a number of reasons. First, the lack of formal information about the age of the parties makes it impossible to substantiate the conclusions with empirical data. Secondly, despite some generalized traits, the characteristics of Millennials differ depending on the region and country of origin, which determines their economic, social, political, and cultural differences A striking example of this are the ex-Soviet Union’s states. In majority of these countries, Millennials have become the first generation sufficiently aware of their rights, the legal ways to protect them and the role of the court as an effective tool for such protection. Their formation was accompanied by the changes in ideology, political regime and economic instability. In this article authors argue how Millennials change the judiciary in the ex-Soviet society, taking into account the specifics of the latter. The study suggests two interrelated aspects: the impact of Millennials on the development of the court as consumers of judicial services; the impact of Millennials, who come to work in the judicial system, as judges. The article substantiates the necessity of modernization of the courts, which is associated with the high technology of this generation and its vital need for information, as well as their consumerization aimed to create more sustainability justice and to answer the request of Millennials by changes of goals, by limits of expenses and by introducing the culture of peaceful and strong institutions in judiciary.