Наукові публікації у періодичних фахових виданнях України
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Документ Moral aspects of protection of personal data of individuals in international documents and judgments of the European court of human rights(Міжнародний гуманітарний університет, 2020) Horielova, V.Yu.; Горєлова, Вероніка ЮріївнаThe article examines the moral aspects of personal data protection of individuals in international legal acts and decisions of the European Court of Human Rights, because personal data protection is a plane of the moral side of human existence, which is fundamental for the real ization of this person’s right to respect for private life. and family life. According to the provisions of national and international law, it is established that the category of “personal data” coincides in its understanding with the categories of “confidential information” and “personal information”. The article analyzes the international legal acts on the protection of personal data of individuals. A special provision is the provision according to which personal data indicating racial, political, religious or other beliefs, as well as data related to health. I or a person’s sexual life and those data relating to the criminal conviction of a person may not be subjected to automated processing if domestic law does not provide adequate guarantees for the protection of personal data. Also, the European Commu nity generally advises States to refrain from automated processing of personal data if appropriate data safeguards are not taken when storing such data in files to prevent accidental or unauthorized destruction or accidental loss of data and to prevent unauthorized access, alteration or alteration. dissemination of such information, and if there are no appropriate sanctions in the state in cases of violations of the provisions on personal data protection. The basic moral and legal principles and features on which the European Court of Human Rights is based in its decisions are revealed. Thus, the European Court in its decisions has established that a person may suffer non-pecuniary damage in the following cases: reasonable and unreasonable duration of data storage; violation of a person’s right to personal development, as well as the right to establish and develop relationships with other people and with the outside world; in cases of systematic or permanent accounting of personal infor mation, even in cases where such data may be contained in publicly available or other sources; in cases of collecting information about a person using a GPS device attached to his car and data about his location and movement in the public sphere. In view of the aboveДокумент Conceptual provisions of law and morals in a pandemic condition(Юридичний факультет Західноукраїнського національного університету, 2020) Horielova, V.; Горєлова, Вероніка ЮріївнаThe article is devoted to the problem of morality and law in a pandemic, because the COVID-19 pandemic has put doctors around the world in front of a tough issue of priority. In this regard, the question of the ethical choice of the doctor and what regulations he should be guided by is relevant. The purpose of the article is to comprehensively assess the rights of the patient and the doctor in a pandemic, justify and identify the moral guidelines of the doctor in a pandemic. The patient's rights are analyzed in a broad sense: the legal relations in the field of health care are enshrined in the law, and in a narrow sense, as a subjective, real relationship between the doctor (medical institution) and the patient in need of care. It is revealed that the actions of a doctor cannot be prescribed as a certain algorithm, and each action and decision of a doctor in a certain extreme situation is only his independent, moral choice. It has been studied that Ukraine takes responsibility for a sick person, giving him a number of additional rights, but there are certain restrictions in the law that can cause harm. It is proposed at the legislative level to develop ethical guidelines for doctors who must act in a pandemic, which will reduce the morale in which the health worker and the patient find themselves.