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Korcheva, T.
    Врачебная тайна: медицинский, уголовно-процессуальный и философско-правовой аспекты ее разглашения (обзор) [Text] = Medical privacy: medical, criminally-remedial and the philosopho-legal aspects of its disclosure (review) / T. Korcheva, E. Nevelskaia-Hordeeva, D. Voitenko // Georgian medical news. - 2020. - Issue:306. - P. 166-171

УДК

342.746

ББК Х623.211.84

Аннотация: The purpose of the study is to determine the subject of "medical secrecy", to characterize the subjects who are obliged to keep secret information that is the subject of medical secrecy and, based on the results of this study, to make author's proposals to clarify the name for confidential medical information in legislation in the field of medicine in the field of medicine, criminal and criminal procedural legislation. The article explores issues related to the right of every person to the confidentiality of medical information, which is legally defined as "medical privacy". Based on the analysis of international legal acts, decisions of the European Court of Human Rights, the legislation of Ukraine and Georgia on the researched subject, using the foundations of the philosophy of law, carried out a comprehensive study of the concept of "medical confidentiality", defined entities following their professional and career responsibilities, must keep it. In the given article were used such scientific methods as logical, system-structural, comparative-legal, analysis, synthesis. Based on the research, the authors make several proposals for improving certain norms governing medical activities, namely, changes to the wording of Article 40 of the Law of Ukraine "Fundamentals of Ukrainian Legislation on Health Protection", Article 145 of the Criminal Code of Ukraine and Article 65 of the Criminal Procedure Code of Ukraine.

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Gusarov, K.
    Trade secret protection in Ukraine and Germany: comparative analysis [Text] / K. Gusarov, Y. Riabchenko, S. Shymon, O. Kostyria, O. Kovryha // Journal of Legal, Ethical and Regulatory Issues. - 2020. - Vol. 23, Iss. 1. - P. 1-10
   Перевод заглавия: Защита коммерческой тайны в Украине и Германии: сравнительный анализББК Х623.18 + Х83

Аннотация: The article provides a comparative analysis of the problem of protection of trade secret in Ukraine and Germany. For this purpose, a number of legal acts of both countries regulating this issue have been processed. Various scientific approaches to the definition of trade secret have been investigated. It has been defined which information can be considered confidential and which information does not belong to this category. General and special guarantees of the right to trade secret have been considered. It has been proved that the most effective legal remedy for the protection of this type of confidential information is the special law, which prescribes all the rules that regulate this issue. As currently there is no such act in Ukraine, we turned to the positive experience of Germany, where the special The Draft Trade Secret Protection Act 19/4724 has been recently adopted. Some provisions of this Act are considered and the main changes to legislation regulating this issue have been described. On the basis of the research, the proposals on the necessity of adopting a similar act in Ukraine have been formulated.

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Basysta, I. .
    Protection and risks of illegal divulgation of banking secrecy in ukrainian criminal proceeding [Текст] / I. Basysta, I. Shepitko, O. Shutova // Access to justice in Eastern Europe. - 2020. - Issue: 4. - P. 298-305
   Перевод заглавия: Защита и риски незаконного разглашение банковской тайны в уголовном производстве Украины

УДК

343.1

ББК Х629.3
РУБ DOI: 10.33327/AJEE-18-3.4-n000042

Аннотация: The authors contribute to the national reform discussion to improve Ukrainian society's banking system confidence, approaching the European standards of financial services. Public confidence in banks focuses on performance, necessary for financial institutions, but negative feedback from the media, relatives, acquaintances regarding banks has bred significant mistrust. Among the root causes of an unflattering bank, image engenders the financial institution's inability to ensure customer information confidentiality regarding the banking secrecy. This article reviews the protection and illegal disclosure risks of banking secrecy, access to it within criminal proceedings, legal uncertainty of the Laws of Ukraine 'On Banks and Banking' and 'On Currency and Foreign Exchange Transactions, and proposed elimination method. Also provided are particular risks and recommendations for dealing with bank secrecy's apparent risks to continue improving adequate bank secrecy disclosure compliance with the FATCA Agreement.

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Prudnykova, O. V..
    European Court of Human Rights as a guarantee of observation the medical secrecy [Текст] / O. V. Prudnykova, V. M. Pyvovarov, O. V. Fedosova, O. A. Stasevska, O. V. Umanets // Journal of Forensic Science and Medicine. - 2021. - Vol. 7, Iss. 4. - P. 145-151
   Перевод заглавия: Європейський суд з прав людини як гарантія дотримання лікарської таємниці

УДК	341.231.14

РУБ DOI: 10.4103/jfsm.jfsm_70_21

Аннотация: The European Convention on Human Rights proclaims the right of everyone to privacy of information about their state of health, which is a particularly important issue during the COVID-19 pandemic. The aim of the study is to determine the essence of the ECtHR's activity as a guarantee of information culture, highlight the main elements of its activities in this aspect, and analyze the right to medical secrecy in the practice of the European Court of Human Rights. The formal-logical method was used to analyze the norms of the European Convention on Human Rights, determine the content of basic concepts, and systematize the material in order to obtain generalizing conclusions within the framework of the stated problem. The predictive method was used to determine the prospects for the development of legislation aimed at creating a system of effective legal provision for the confidentiality of patient information. The European Court of Human Rights has more than once drew attention to the enormous importance of protecting personal, in particular medical data, so that a person can enjoy his or her right to private and family life with satisfaction. That is why public authorities must ensure the confidentiality of information about the health of individuals. It should not be disclosed or processed without the prior informed consent of the person concerned. There are a lot of cases of unlawful disclosure of information about the patient's health and liability for unlawful disclosure.

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Mykhailichenko, T. O..
    Medical confidentiality disclosure in conditions of epidemic threats. [Text] / T. O. Mykhailichenko, O. P. Horpyniuk, V. Y. Rak // Wiadomosci lekarskie. - 2021. - Vol. 74, Iss. 11, cz. 2. - P. 2877-2883
   Перевод заглавия: Pозкриття медичної конфіденційності в умовах епідемічної загрози

УДК

347.1:61

РУБ PMID: 35029549 + DOI: 10.36740/WLek202111203

Аннотация: OBJECTIVE: The aim: To establish public opinion on the limits of medical confidentiality in an epidemic and the widespread use of applications that contain personal data, including those regarding health, to understand the possibility of changing the paradigm of public policy to protect medical confidentiality in an exacerbation of the epidemic situation. PATIENTS AND METHODS: Materials and methods: This research is based on regulatory acts, scientific articles, and opinions of both medical workers and ordinary citizens of Poland, Germany, and Ukraine, judicial practice, doctrinal ideas, and views on this issue. Such methods as dialectical, comparative, analytic, synthetic, comprehensive, statistical, and generalization. RESULTS: Results: the results of a survey of residents of Poland, Germany, and Ukraine showed that one of the pandemic consequences was that a significant number of respondents were willing to partially renounce the right to medical confidentiality in the face of exacerbating epidemic threats to reduce the number of infected. CONCLUSION: Conclusions: In the face of the SARS-Cov-2 virus, nations worldwide have faced the challenge of respecting the right to privacy, particularly in terms of medical confidentiality. Virtual methods of patient communication with healthcare professionals use mobile electronic services (applications), and other new technologies in the context of the COVID-19 pandemic have exacerbated the issue of understanding the boundaries of medical confidentiality and personal data protection. In order to maintain an effective balance between human rights and public health, the mass collection and storage of sensitive personal data must take place following the Regulation of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. At the same time, it is expedient to recommend states to specify specific provisions of this Regulation in order to avoid an expanded interpretation of certain of its provisions.

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Dmytryk, O. .
    Current problems of implementation of authorities by subjects of primary financial monitoring (on the example of advocacy activities) [Електронний ресурс] / O. Dmytryk, O. Voronova, O. Makukh, O. Parashchenko // Financial and Credit Activity: Problems of Theory and Practice = Фінансово-кредитна діяльність: проблеми теорії і практики. - 2023. - Vol. 5, Iss. 52. - P. 494-503. - References : p. 502-503
   Перевод заглавия: Сучасні проблеми реалізації повноважень суб’єктами первинного фінансового моніторингу (на прикладі адвокатської діяльності)

УДК

347.73:347.965

347.965:347.73

РУБ DOI: 10.55643/fcaptp.5.52.2023.4176

Аннотация: This article aims at studying the national legislation, recommendations of international organizations (intergovernmental bodies), as well as the opinions of scholars and prac-titioners on the implementation of financial monitoring in the practice of law. The authors define the achievement of this goal by fulfilling the tasks set and answering the question of the correlation between the obligation to conduct financial monitoring and the attorney-client privilege. This article is of undoubted relevance due to Ukraine's active implementation of European integration processes and transformation of legislation in the field of prevention and counteraction to money laundering and terrorist fi-nancing. Along with this development is the independent status of the attorney-at-law and the practice of law, the maintenance and provision of which are constantly relevant in the State. The authors draw attention to the current legal regulation of financial monitoring in the practice of law, as well as to the FATF recommendations, emphasizing the importance of such a legal phenomenon as financial monitoring. The authors define the area of functional responsibility of law firms, law firms and attorneys-at-law who practice law individually as specially designated subjects of primary financial monitoring. In addition, this article emphasizes the peculiarities of financial monitoring in the practice of law and expresses concerns about certain peculiarities. At the same time, the authors outline the lack of unity in the attitude toward the purpose of financial monitor-ing, as well as the presence of scepticism and both constructive and unjustified criticism by practising attorneys at law of financial monitoring in the practice of law, namely its legal regulation. The authors determine that the most important result of this study is the emphasis on the need for a balanced ratio of the objectives of financial monitoring and the preservation of the independence of the legal profession. Summarizing, the researchers argue that financial monitoring is a challenge of the time, the achievement of which should not be declarative, but real. The reality of the goals of financial monitoring should be achieved by all subjects of the latter, including attorneys-at-law. At the same time, the combination of the status of an advocate and a subject of primary financial monitoring should be balanced, taking into account independence as a principle of the practice of law.

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Babikov, O. .
    Balancing Interests: Criminal Proceedings & Private Life Interference Under Martial Law in Ukraine [Електронний ресурс] / O. Babikov, V. Bozhyk, O. I. Bugera, S. H. Kyrenko, M. Viunyk // German Law Journal. - 2024. - DOI: https://doi.org/10.1017/glj.2024.12 . - Published online by Cambridge University Press (Early Access): 03 April 2024
   Перевод заглавия: Баланс інтересів: кримінальне судочинство та втручання в приватне життя в умовах воєнного стану в Україні

УДК	343.12(477)

Аннотация: The purpose of the Article is to analyze and compare certain aspects which define the limits of permissible interference with a person's private life in the legislation of Ukraine and other countries of the world in terms of ensuring the balance of interests of participants in criminal proceedings during covert measures to obtain information related to interference with a person’s private life. The Article uses general scientific and special research methods, in particular comparative legal, scientific categories, definitions and approaches, formal dogmatic (legal), dialectical. On the basis of the conducted research, generalized conclusions were made regarding general trends in the field of reforming the legal regulation of special measures for covertly obtaining information, and ways of their improvement. The forms and methods of departmental, judicial, and public control over the covert activities of law enforcement agencies have been determined separately, and the influence of terrorist threats and military actions on ensuring the balance of interests of participants in criminal proceedings has been investigated. According to the results of the research, ways of solving problematic issues of the regulation of criminal procedural legislation have been determined in order to ensure the balance of the interests of the participants in criminal proceedings during the organization, conduct, recording, storage, and use of the results of covert information-gathering activities. A comparative analysis of the ways of solving a number of legal regulation issues in the field of the use of informal forms of obtaining information, the determination of different approaches to the separation of departmental, judicial, and public control is being carried out for the first time and will provide a comprehensive and systematic approach to the improvement of legislation in the specified field in the conditions of martial law or during anti-terrorist activities.

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