09.00 - 09.45 Welcoming coffee and registration of participants

Location: Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

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09.45 - 10.15 Welcoming addresses of distinguished guests of the Conference

All the details will be announced soon.

Location: Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

10.15 - 10.45 The Conference major report: "The Right Mistake"

Kozachenko Ivan Yakovlevich: Honored Worker of Science of the Russian Federation, Doctor of Law, Professor, Head of the Criminal Law Department, Ural State Law University, Yekaterinburg

10.45 - 11.00 Coffee Break

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11.00 - 13.00 Plenary Meeting "The Right Mistake"

Location: Atrium of Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

Human activities of any kind are not insured from occurrence of mistakes. That is why a variety of schemes were invented by the society in order to determine and prevent possible mistakes. Interpreters explore common mistakes of translation, doctors examine diagnosis mistakes, and the very existence of such professions as editor and proof-reader determines the phenomenon of mistake. In the judicial system there are appellate, cassation and supervisory instances, the operation of which, generally speaking, focuses on the filtration of misjudgments and mistakes of courts. The extensive infrastructure of detection and correction of mistakes is a sign of developed society. Nevertheless, the cost of each and every mistake varies from minor to tremendous. For instance, a mistake of a mass media editor may lead to the stock market crash and a medical mistake may result in a patient’s death. In this context dichotomy of response to mistakes has appeared in our society and particular attention is given to professional mistakes. On the one hand, a mistake is allowed («man is prone to error»- Errare humanum еst) and, on the other hand, any mistake gives rise to responsibility. The establishment of responsibility engage any professional mistake in a specific area of legal regulation, situated at junction of many branches of law. A variety of approaches of different branches of law to interpretation, classification and penalization of professional mistakes complicate the developing of general legal approach. Moreover а variety of approaches make it difficult to find a balance of right and responsibility in the sphere of professional error.

Moderators

  • Bublik Vladimir Aleksandrovich

  • Doctor of Law, Professor, Rector of the Ural State Law University, Yekaterinburg

  • Puchkov Denis Valentinovich

  • Candidate of Law, Advocate, Yekaterinburg

Speakers

  • All the details will be announced soon.

Questions to discuss

How to distinguish a mistake from an intended act?

What are the criteria for evaluation of level of public danger of professional mistake?

Who should evaluate a mistake: a colleague or an independent arbitrator?

What is the role of criminal law in context of responsibility for professional mistake?

How to develop the balance between right and responsibility?

13.00 – 14.00 Lunch time

Location: Restaurant Barboris at Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

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14.30 – 16.00 Panel discussion: «Medical mistake: evaluation criteria. Iatrogenesis»

Location: Congress Center at Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

Medical mistake can be very serious and in some cases it may result in a patient’s death. In the medical and legal sphere various approaches to the classification of medical mistakes were emerged. Therefore in the medical literature you can find a statement that a medical mistake can not be punished regardless severity of its consequences. And in case of taking another approach, the systemic conflict of interest may occur: a conscientious doctor should not be afraid of possible mistakes, otherwise the fear of responsibility for the mistake can lead to excessive caution and conservatism in treatment, which can lead to adverse effects for the patient. In criminal and medical law the different approach to understanding of medical mistake was formed: a person does bare responsibility for a medical mistake but the grounds of responsibility should be strictly defined. Such grounds usually include actions that are contrary to acknowledged medical principles, awareness of a doctor about wrongness of his or her performed action. The classification of medical mistakes is sophisticated due to the fact that only another doctor can reliably evaluate doctor’s action as erroneous action. And in some cases that fact does not contribute to the objective examination of professional mistakes.

Moderators

  • Moderators to be announced later

Speakers

  • Speakers to be announced later

Questions to discuss

Is that possible to conduct objective evaluation of medical mistakes?

What is the balance between interests of the doctor and the patient in the context of evaluation of the medical mistakes and its consequences?

How to distinguish mistake, professional risk, reasonable risk and a crime?

What is the role of corporate liability in the medical profession?

Does the non-public concealment of medical mistakes by colleagues exist?

14.30 - 16.00 Panel discussion: «Judicial mistakes and their sources: legislator, parties or judges?»

Location: Atrium at the Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

Major judicial mistakes are not much discussed and, as a rule, they are not included into judicial statistics. However, such mistakes exist and are often repeated. It is not a secret for a lawyer that in both civil and criminal cases there is always untruth, concealment or incorrect interpretation of past events. Therefore, in the profession of judge an important role is played by the assessment of the reliability of information. Erroneous or false testimony of parties, witnesses and victims, mistakes in expert evidences, improper investigation may lead to incorrect court’s finding and judicial mistakes. A judicial mistake is characterized by the phenomenon of double jeopardy: on the one hand, an innocent person might be convicted and demands of a non-breaching party might be unsatisfied, on the other hand, a guilty person might remain unpunished and demands of а breaching party might be satisfied. The system of appeal is structured in such way as to minimize judicial acts that contain mistakes. But how the existing system of appeal complies with its main purpose?

Moderators

  • Moderators to be announced later

Speakers

  • Speakers to be announced later

Questions to discuss

Should the judge be accountable for mistakes of parties, experts and investigation?

The statistics of setting aside of judicial acts: objectivity or pressure on judges?

Should a judge seek the truth in a case?

The price of unlawful sentences: do we need the change of practice?

Is there an efficient mechanism that is liable of correcting judicial mistakes?

16.00-16.15 Coffee Break

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16.15- 17.45 Panel discussion: «Business mistakes and their consequences: risk or crime?»

Location: Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

Business responds to changes in the socio-economic and technological sphere much faster than other institutions and civil society. Business activities are performed at one's own risk. In some instances business risk may result in a significant adverse effect. Business models, as a rule, are driven by a cost-saving approach. However, often the desire of money saving comes into a conflict with the interests of other people. That kind of conflict may transform risk-bearing activity into illegal activity. Concentration only on responsibility makes taking the professional risk impossible. The fear of responsibility will not make any contributions to the development of business.

Moderators

  • Moderators to be announced later

Speakers

  • Speakers to be announced later

Questions to discuss

How to find the balance of interests between business and responsibility for business risk?

What are the legal limits of business risk?

Substantiated risk or business risk: which model should be chosen?

Who and how should assess business mistakes?

How to distinguish intended act and business risk?

16.15-17.45 Panel discussion: “Professional mistakes in practice of lawyers and notaries: the strength of a word and the charge for it? "

Location: Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg

Moderators

  • Moderators to be announced later

Speakers

  • Speakers to be announced later

20.00 – 00.00 Puchkov AfterParty with special guests invited

Location: Club at the Yeltsin Center, Boris Yeltsin St., 3, Yekaterinburg