COMMUNICATION ROLE OF RIGHTS AND LEGAL STATUS

One of today's most important issues in the field of international civil justice is the provision of family and children's rights. These are the right of the child to be in contact with both parents and the right of parents to take part in the upbringing of children. This is especially important if parents live separately or even in different countries. The global processes of globalization and the active lifestyle of people moving from one country to another determine the topicality of the issue. Increasingly, children are illegally moved from one country to another, thus limiting both the rights of the child with the other parent and the right of the other parent in the upbringing of the child

THE MODEL OF RELATIONS BETWEEN THE STATE AND RELIGIOUS ORGANIZATIONS AND ITS IMPLEMENTATION IN THE REPUBLIC OF LATVIA

Models of relations between the state and religious organizations and the basic principles of their implementation are analyzed with the aim to determine which model of relations is being realized in the Republic of Latvia as well as to establish whether a model of relations, secured by a normative act, corresponds to the one implemented in practice. Within this work, the method of analysis has been used when considering the models of relations between the state and religious organizations, as well as the comparative method in the comparison of application of the basic principles of these models in the Republic of Latvia. The relations between the State and religious organizations are examined from the administratively legal and constitutionally legal aspect. The normative acts of the Republic of Latvia are discussed, as well as their mutual interaction and the collisions having sprung up between them. Laws and regulations of the Republic of Latvia are evaluated in connection with the norms of other European Union Member States, which regulate the relations between the state and religious organizations, and their experience. Evaluating the practice of other countries and the implemented models of relations between the state and religious organizations monographs and scientific papers by the scientists of the respective countries have been used. The content of international legal norms regulating freedom of religion have been analyzed as well as the requirements of the normative acts of the Republic of Latvia and their interaction. As grounds for conclusions, rulings by the court are chosen in cases where the application of legal norms is adjudicated concerning the realization of the right to the freedom of religion. Three fundamental principles are pointed out in the research basing on which the relations between the state and religious organizations are formed: association between the state and religious organizations, cooperation between the state and religious organizations and segregation between the state and religious organizations. Basing on the abovementioned principles, all models of relations between the state and religious organizations are formed. The model being implemented in a state can be determined by the regulation of the activity of religious organizations ensured with normative acts, by the range of rights of religious organizations, by peculiar features of preconditions, by the range of privileges, and by the burden of responsibilities imposed on religious organizations. To a large extent, the model of relations between the state and religious organizations depends on state traditions, historical development, distribution and impact of the definite religion within the state territory. The principle of unity between the state and religious organizations indicate the unity between them, institutions of religious organizations are identified as state institutions. Implementation of the abovementioned principle can manifest as an absolute unity between the state and church when state laws are based on definite religious norms and, in case of collisions, the principles of religious doctrine are applied. Or, within the abovementioned principle, two models of relations can be distinguished: a model of religious state and a model of state religion (church). The principle of cooperation between the state and religious organizations provides for separation of the state and religious organizations, they are functioning as autonomous subjects, religious organizations form their own structure and define their inner administration, the state on its part does not interfere in the inner affairs of religious organizations. Nevertheless, the state and religious organizations cooperate in order to achieve definite aims. Such a model of cooperation can be called the model of cooperation. In countries where the principle of separation of the state and religious organizations is in force and the model of segregation is functioning, the autonomy of religious organizations and the state are strictly separated. Each of these subjects is functioning in its own sphere, in parallel to one another. Religious organizations are not vested the rights to perform the functions of the state, and they do not receive financial support. Registration of a religious organization is the starting point where the activities of the state and of religious organizations come into contact. Registration of a religious organization is a basis for the model of relations between the state and religious organizations to be implemented in the given country. In the Republic of Latvia, the process of registration of religious organizations is regulated by the Law on Religious Organizations which provides for the order of registration of religious organizations as well as the legal status of the religious organizations to be registered; registration has a multi-stage structure. Initially, a congregation is registered as reregistrable, but later it acquires a regular status and after uniting the congregations can form a religious union (church). Religious unions (churches) have the right to establish dioceses and institutions. The next step in the mentioned chain includes religious organizations whose relations with the Republic of Latvia can be regulated by special laws. The State has established special relations with Evangelical Lutheran, Roman Catholic, Orthodox, Old Believer, Methodist, Baptist, Seventh-day Adventist and Moses faith (Judaist) denominations. These denominations have a peculiar status in the Republic of Latvia, the range of their rights differs from the rights of other congregations. Relations between the religious unions (churches) of these denominations and the State are regulated by special laws that define their rights and status. The Latvian Constitution (Satversme) contains a reference to the model of relations between the Republic of Latvia and religious organizations providing that the State is separated from the church. Evaluation of the features of a model of separation and its application to the relations between the Republic of Latvia and religious organizations allows to determine whether the implemented model is a model of separation or whether the relations between the State and religious organizations realized in practice belong to quite another model. The requirement for autonomy of religious organizations and the State can be regarded as satisfied, since the demand for non-interference by the State in the inner activities of religious organizations (except for the cases of violating laws) is included in the Law on Religious Organizations. Separation of religious organizations from the public rights sector presently is not being implemented. In state schools there are religious instruction lessons, religious organizations carry out religious activity in medical institutions and prisons, a service of chaplains has been established whose activity is funded from the state budget. Equality of the forms of activity of religious organizations is not guaranteed, since there exists a multi-stage registration system. A state function of performing marriage ceremonies is delegated to religious organizations. Thus, state functions are delegated to religious organizations. Besides the religious organizations are offered direct and indirect financial support which manifests in allotting tax relief as well as allocating direct grants from the state budget. The model having been established in the Republic of Latvia is a model of cooperation between the State and religious organizations. In the Constitution no state religion is provided but also no segregation of the State and religious organizations is realized. The State acknowledges the autonomy of religious organizations, however, the religious organizations receive financial support, definite functions are delegated to them, and religious organizations are operating in the public sector. Satversme lacks provisions that would truly provide that no state church exists in Latvia, but at the same time definite procedures and operations are being delegated to the church as stated by the law. The idea of amending the Satversme of the Republic of Latvia ought to be considered that would contain the provision about the model of cooperation between the State and religious organizations being realized in practice

UNDERAGE PATIENT’S RIGHTS

The legal framework for the treatment of an under-aged patient is topical throughout the world. In Latvia, the rights of an under-aged patient are defined in Article 13 of the Patients' Rights Act, however, there is a significant contradiction in the article. It is related to the age of a under-aged patient, when he or she is entitled to independently decide on his / her own treatment, including a refusal of medical services, but there are legal cases where a medical practitioner may disregard this patient's will

COURT INTERPRETER IN COURT SYSTEM

The goal of the research is a study of legal basis for court interpreter's activity, exposure and analysis of problems. The research deals with the detailed study of legal basis for court interpreter's activity, reveals the topical issues in the there of court interpreting and provides analysis of these issues and suggestions. In Latvia there is no certain definition of court interpreter. In Latvia there is no institute of sworn interpreter. In Latvia there is no normative regulation stipulating the professional activity of a court interpreter. The research has a practical importance as it provides solutions for improvement of court interpreter's work to be introduced in the Latvian normative regulation

TESTIMONY OF THE ACCUSED PERSON AND ITS CHECKING IN CRIMINAL PROCEEDINGS

On July 6, 2020, the law “Amendments to the Criminal Procedure Law” entered into force, which significantly changed the attitude of the legislator towards the right of the accused to testify. The aim of the study is to examine the testimony of the accused and their examination, paying special attention to the examination of the testimony of the accused in court. The object of the research is the testimony of the accused person and their examination in the criminal proceedings. Tasks of the research: 1) to find out the status of the testimony of the accused from the point of view of proof; 2) to analyze the regulation of the testimony of the accused and the legal consequences after the amendments to the Criminal Procedure Law of 6 July 2020; 3) to summarize the practice of the Supreme Court in 2020-2022; 4) to develop conclusions and proposals for solving the identified problems. Hypothesis of the research: the problem of the accused's testimony became relevant after the contradictory amendments to the Criminal Procedure Law, which entered into force on July 6, 2020, the uniform application of which is not ensured in practice

Promocijas un augstskolu studentu pētniecisko darbu autortiesību aizsardzība datu bāzēs un plaģiāta novēršana

Promocijas un augstskolu studentu pētniecisko darbu pilnteksta datu bāzes kļūst par izplatītu pakalpojumu akadēmiskajā vidē. Tās uzlabo pētniecisko darbu pieejamību un sekmē informācijas un zināšanu izplatību. Veidojot pilnteksta datu bāzes, ir jāpievērš uzmanība autortiesību aizsardzībai. Autortiesības uz studentu pētnieciskajiem darbiem pieder to autoriem – studentiem, kuri nosaka savu darbu izmantošanas nosacījumus. Esošā likumdošana nenošķir akadēmisko un izklaides darbu autortiesību aizsardzību. Plaģiāts ir aktuāla problēma akadēmiskajā vidē, bet pareizi izveidota datu bāzu izmantošanas un aizsardzības sistēma palīdz cīnīties ar šo problēmu

PARENTS ROLE IN EDUCATION PROCESS AND THEIR RIGHTS, DUTIES IN COOPERATION WITH THE EDUCATION INSTITUTION

Latvia’s educational policymakers already in 2006 pointed out that one of the main obstacles to raising public awareness about the development of education is poor teacher training for working with parents. It means that a full understanding of the educational process by parents and teachers is unthinkable without cooperation. Respectively, cooperation with educational staff, pupils, parents and family, employers, local governments and state institutions, public organizations and society are pointed out as a fundamental principle of education development policy. Alongside with the other equally important basic principles - systemicity, succession, sustainability, accessibility and coordination. In Great Britain, executive representatives recommend actively incorporating parents into educational policies and practices. The inclusion of parents in teaching-related activities alongside prepared teachers has proved to be a useful factor in improving the attendance of school, the quality of teaching and social cohesion. The author thinks that it is necessary to find out the role of parents in the education process both in pedagogy and in jurisprudence. In Latvia, there are no researches done about this topic. The Education Law of the Republic of Latvia defines both the rights and responsibilities of parents. So, it means that it is important to look closer to these rights and responsibilities.

THE RIGHTS AND DUTIES OF THE DETAINED PERSONS

The recent incidents in the EU prove the fact that the problem of prevention of illegal immigration exists and becomes more and more urgent. The number of detained foreigners increases and enrages the whole EU migration policy. However, we cannot speak only about the security of the EU member states, on the other side of the problem there are foreigners, who due to different reasons have broken residence and entry regulations. And the most important here we have to remember about is the human rights of the detained foreigners. It does not matter where and when somebody is, no one can infringe his or her rights, which according to the definite normative acts should be respected and recognised by all control institutions. At the same time foreigners have to respect our laws, which define their duties. Latvia still gets in touch with the problems connected with both applying foreigners’ rights and providing fulfilment of duties

CONTACT PERSON IN FAMILY LEGAL RELATIONS

One of the issues that parents need to agree on when separating a relationship is the issue of the child's communication with the separated parent, it is a question of exercising the right of access. In disputes over the child's right to maintain personal and direct contact with a parent with whom the child does not live together on a daily basis, a contact person is often involved. Analyzing the involvement of the contact person in the process of communication between the child and the parent, several problems crystallize that affect the course of exercising the right of access. The article will analyze the legal and factual aspects of the contact person's participation, focusing on the involvement of the Orphan's Court as a contact person in this process