Practical use of the molecular-genetic technologies in solving the tasks of forensic medical identification of remains in emergencies with huge human death toll

Previously, we have developed different variants, for the expert use, of information technologies, i.e. of computer automated analytical systems, to ensure an effective analysis of huge bulwarks of molecular-genetic expert findings. The results obtained in the above research significantly advanced the possibilities of expert evaluation related with personality identification under the conditions of a big death toll; they also cleaned the ground for the introduction of such methodological approaches in the practice of investigations of emergency accidents involving huge death tolls. Described within the present case study is a practical experience of forensic medical identification of unrecognized remains in air crashes with huge human death tolls implemented through computer-assisted complex molecular-genetic tests on the basis of indirect DNA identification involving the establishment of blood relationship.     

Personality identification based on the outcomes of mass casualty events

This study concerns the problem of personality identification based on the outcomes of mass casualty events. New organizational measures are proposed to optimize the work with cadaveric materials. Specifically, they envisage creation of four major working groups and organization of their cooperation along the following lines: collection and delivery of postmortem information, systematization of antemortal information, and functioning of the identification centre. DNA-technologies and computer-assisted data processing are shown to find the increasingly wider application for personality identification.     

Problems in organization and experience gained while working in the Department of Identifying and Examining Unrecognized Persons

Experience gained in organization and activities of department of unrecognized personality identification at the Khabarovsk Regional Bureau of Forensic Medical Expert Evaluations is presented. The period of 1998-2000 is analyzed. Programs developed at the department are presented and recommendations on the activities and organization of such departments are offered.     

Studies of dentition abnormalities in children of the Republic of Armenia for the purpose of personality identification

This paper reports the results of investigations carried out to elucidate the frequency and the structure of various forms of abnormalities of dentition among the children of the preschool and school age in the Republic of Armenia. These data may be of help for the forensic medical personality identification especially for the expertise of unrecognized corpses. Moreover, these data provide an indirect picture of the prevalence of abnormalities of dentition among the adult population of the country. Specifically they may sometimes be used to identify the ethnic and/or racial background of a person.     

Identification of tsunami victims in Thailand: international experience in organization and conduction of forensic-medical expert investigations in emergency situations with many victims

Russians were among the victims of tsunami in Thailand. The authors participated in the activity of Thai Tsunami Victim Identification Center as experts for identification of tsunami victims. The article outlines management and course of identification, some results. The unique experience with international cooperation in conduction of forensic-medical expert investigations in emergency situations with many victims is discussed.     

Psycho-semantic Spheres of the Personality Among Correctional Facility Employees

In this study, we describe the theoretical and methodological bases of research of psycho-semantic spheres of the psyche of correctional facility employees (CFE’S). We define psycho-semantic spheres of the personality of CFE’S represented by the most important components forming a self-image “I,” an image of work/activity, a group of affective components and groups of components concerning destructive motives. We describe specific structures, contents and relations of the psycho-semantic spheres of the personality of CFE’S in the optimized and mismatched states, which could predict behavior of CFE’S in the different correctional emergency situations.     

人格责任论对于刑事司法精神病鉴定的应用价值

目的探讨人格责任论和动机理论相结合的方法在精神障碍患者刑事责任能力鉴定中的价值。方法回顾性分析我机构2013年及2014年实施鉴定的101例精神障碍患者的刑事责任能力,分析指标包括:精神症状对人格基本特征的反映;作案动机;被鉴定人对违法行为的评价;刑事责任能力。结果不同的症状反映了人格整体性、一致性和特殊性的异常;当症状不同时,患者实施违法行为的动机也有现实和非现实的差异;人格整体性受损者不能正常和正确地评价违法行为,几乎全部人格一致性、特殊性受影响者能认识到行为的违法性;人格的完整性和一致性受影响者刑事责任能力不完全;人格特殊性受影响者为完全刑事责任能力。结论人格责任论与动机理论相结合应用于精神障碍患者的刑事责任能力鉴定,有实用的临床意义。以行为人作为行动者的同一性进行界定,辨别患者对行为是"不能控制"还是"不予控制",值得在精神病司法鉴定工作中推广应用。     

论法人人格权

团体人格是用作区分团体有无民法上独立财产主体地位的纯法律技术工具 ,既无社会政治性 ,亦无伦理性。人格权是一个历史性概念 ,其保护的是专属自然人人格所具有的那些伦理性要素 ,不能以同等含义适用于团体人格。法人的名称权、名誉权等权利无精神利益 ,实质上是一种财产权 ,且不具有专属性 ,非为任何团体人格存在之必须 ,故法人无人格权。     

《民法典》背景下环境保护禁止令的法教义学展开——基于人格权禁令制度的考察

《最高人民法院关于生态环境侵权案件适用禁止令保全措施的若干规定》对于建立健全环境保护禁止令制度具有重要意义。不过,以旨在确保本案诉讼的行为保全制度为基础的环境保护禁止令,并不能完全实现及时制止生态环境损害的目标。《民法典》第997条规定的人格权禁令兼具实体基础与程序规则的功能,具有独立性。基于环境权益具有一定的人格权属性,人格权禁令可适用于制止正在实施或即将实施的生态环境损害行为。人格权禁令制度为基础的环境保护禁止令,其保护范围宜限于物质性环境人格权,适用标准需引入环境保护法禁止性规范;在程序构建方面,有必要区分环境私益保护的一般禁令程序与环境公益保护的紧急禁令程序,同时设置裁执一体化的快速实施程序。     

《民法典》背景下环境保护禁止令的法教义学展开——基于人格权禁令制度的考察

《最高人民法院关于生态环境侵权案件适用禁止令保全措施的若干规定》对于建立健全环境保护禁止令制度具有重要意义。不过,以旨在确保本案诉讼的行为保全制度为基础的环境保护禁止令,并不能完全实现及时制止生态环境损害的目标。《民法典》第997条规定的人格权禁令兼具实体基础与程序规则的功能,具有独立性。基于环境权益具有一定的人格权属性,人格权禁令可适用于制止正在实施或即将实施的生态环境损害行为。人格权禁令制度为基础的环境保护禁止令,其保护范围宜限于物质性环境人格权,适用标准需引入环境保护法禁止性规范;在程序构建方面,有必要区分环境私益保护的一般禁令程序与环境公益保护的紧急禁令程序,同时设置裁执一体化的快速实施程序。     

商主体制度的逻辑理路与规范展开

商主体是交易与组织的混合机制。商主体规范应当立足于不同主体的交易性与组织性特征的不同表现而展开。组织性色彩越浓厚,对商法的需求就越强烈,就越需要由商主体特别法给予某种示范或者强制。如何规范商主体人格独立的五重要素,是商主体制度建构的核心问题。在规范设计中,应围绕财产性规范与管理性规范两范畴,处理好规范的强制性与任意性的关系。一般而言,商主体制度的财产性规范是强制性的,而管理性规范的强制性则因为主体类型的不同而有别。     

Personality Profiles of Special Force Police Officers

The present study was aimed at investigating whether different personality profiles could be found among Italian police Special Force (SF) officers. Our hypothesis was that different personality profiles would be found, and that they would differ with respect to psychological and organizational functioning. This conjecture was tested on anonymously collected Big Five scores of all members of a 'Reparto Mobile' unit (n?=?289) by means of a Two-Step cluster analysis. Two distinct personality profiles were found: two-thirds of participants showed a personality profile that was quite similar to the general population, with the exception of a higher self-reported emotional stability and self-deceptive enhancement, while the remaining third showed higher levels of any personality domain than both the other cluster and the general population. These officers also endorsed lower scores in measures of depression, anxiety, professional exhaustion, loss of empathy, and higher scores in a measure of organizational resilience, suggesting that they may represent the most suitable personnel for the delicate tasks their unit usually has to accomplish. In addition, self-deceptive enhancement emerged as a likely personality trait of police SF officers.     

The possibility of using malposition of tooth rows for the subject identification

Described in the paper is the possibility of using the specific anomalies of tooth rows in personality identification. The existing classifications of tooth-row anomalies are elucidated; published data on epidemiology of dentomaxillary anomalies in the Russian Federation and on jaw models are analyzed. Digital photos of tooth rows were used. The possible use of orthodontic methods as applicable to investigating the tooth-row anomalies is contemplated for personality identification.     

Design of the automatic system of processing data on mitochondrial DNA "mDNAbase" sequestration for expert identification of the unidentified bodies under the conditions of mass reception of human remains

The authors consider utilization of software which provides indirect personality identification by establishment of biological kinship using a comparative analysis of nucleotide sequences (NS) of mitochondrial DNA (mtDNA) in unidentified bodies and suspected relatives of these victims. The software supports data bases with information on NS. To secure automatic search there are modes of cross-processing. Results of identification are formed as lists of exclusions and tables with calculated frequencies of mitotypes of identification objects as well as protocols of a comparative analysis of nucleotide position in mtDNA sequences under comparison. The proposed computer approach is a new highly effective tool for identification of personality based on data on mtDNA analysis in conditions of stream information processing under mass reception of unidentified bodies.     

How leadership enhances employees’ knowledge sharing: the intervening roles of relational and organizational identification

Knowledge exchange among employees is crucial to organizational effectiveness. Leadership can enhance or detract from employees’ willingness to share knowledge. This study examines how leadership affects knowledge sharing in a knowledge-intensive work setting. It proposes and tests a model which posits that (1) transformational leadership affects the extent to which employees identify with their manager; (2) this relational identification, mediated by the quality of LMX (Leader-Member Exchange), leads to greater identification with the organization and its goals, which in turn results in greater knowledge sharing. The sample consisted of two hundred and three R&D employees engaged in advanced technological projects. Path analysis results indicated that there are both direct and indirect (through LMX) relationships between transformational leadership and relational identification: relational identification promotes organizational identification which, in turn, is positively related to knowledge sharing. These results highlight the importance of transformational leadership and LMX for promoting relational and organizational identification, thereby facilitating employee knowledge sharing.     

Procedural unfairness and managers surviving layoffs: Self-threat and coping in the context of organizational change

The affective and cognitive responses of managers who survive layoffs are explored. Evidence from two field studies suggests that managers who perceive that their organization was procedurally unfair exhibited greater anxiety than their nonmanagerial counterparts. Also, managers who perceived that the organization was unfair were more likely to withdraw from the organization, as measured by reduced organizational identification. Evidence that managers’ degree of identification with their managerial role moderated this relationship provides evidence of the psychological process driving these reactions to unfairness. Implications for the research and practice of organizational change are offered.     

Emergency suicide care in France: the psychiatrist's liability as seen in case law

In France, in general emergency departments, psychiatric consultations are on the increase and suicidal behavior represents a frequent reason for consultation. Psychiatrists treat patients whose behavior may be impulsive and irrational, and whose critical judgment is impaired. In emergency units, the reception and initial assessment of the patient determines his or her future pathway through the healthcare system. By its very nature, emergency medicine deals with inherently unstable situations, which may lead to the risk of medical malpractice. The aim of this article is to provide a summary of the initial management of suicidal patients by general emergency units and to comment on the medical malpractice that may expose the practitioner to risk of liability. An analysis of case history has shown that in suicide cases, malpractice due to inadequate supervision is the most frequent ruling.     

民事主体制度的选择性与开放性论纲

民事主体制度的演进是一个从一元主体到多元主体的复杂历程。自然人基于人道主义观念、人权运动的发展、通过不懈地斗争成为民事主体;组织体因实体性契机、特定功能契机、立法政策契机共同作用被赋予私法人格。未来的民事主体制度在信息化与高科技地推动下,实现了历史与逻辑的统一,必定是一个开放、多元的系统。     

个人数据安全的法律保护模式——从数据确权的视角切入

个人数据权益的多元性,决定了个人数据在不同场景中的权属不同,这意味着对不同权属性质的个人数据,提供的法律保护模式也不同。我国对个人数据的法律保护模式有三种:财产权保护模式、人格权保护模式和平台保护模式。鉴于当前我国数据确权的制度安排尚未完成、数据的人格权保护没有得到公益救济、数据利益的损害赔偿无法实现,有必要对不同权属性质的个人数据作出有针对性的调整方案:在方法论上应突破私法或公法的思维局限,在立法论与数据应用实践层面,对现有的个人数据保护模式作出相应的调整,通过商业秘密保护模式拓宽数据财产权的保护路径,利用个人数据场景化保护模式弥补人格权保护模式的虚置,利用平台保护模式优化数据安全法律保护的制度设计。     

An algorithm of computerized processing of molecular-genetic data for personality identification based on the outcome of events involving numerous victims

Computerized systems of data processing are a high-efficiency tool for the storage and processing of big volumes of molecular genetic data as well as for the forensic medical identification of personality in events involving enormous unidentified bodies coming from zones of calamity or natural disaster. Described in the paper is a sequence of actions undertaken by the expert when the DNAdacto and mDNAbase soft tools are in use. The algorithm of computer-based expert analysis of typing of chromosome and mitochondrial DNA was tested at the 124th Central laboratory of medical-criminal identification of Russia's defense ministry; it was proven to be highly effective for identification made in events with numerous unidentified bodies.