Добірка наукової літератури з теми "4805 Legal systems"

Abstract Background The United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) establishes a right to legal capacity for all people, including those with support needs. People with disabilities have a legal right to be given the appropriate supports to make informed decisions in all aspects of their lives, including health. In Ireland, the Assisted Decision-Making (Capacity) Act (2015) ratifies the Convention and has established a legal framework for Assisted Decision Making (ADM). The main provisions of the Act are not yet implemented. Codes of Practice to guide health and social care professionals are currently being developed. Internationally, concerns are expressed that ADM implementation is poorly understood. Using realist synthesis, this study aims to identify Programme Theory (PT) that will inform ADM implementation in healthcare. Methods A Rapid Realist Review using collaborative methods was chosen to appraise relevant literature and engage knowledge users from Irish health and social care. The review was led by an expert panel of relevant stakeholders that developed the research question which asks, ‘what mechanisms enable healthcare professionals to adopt ADM into practice?’ To ensure the PT was inclusive of local contextual influences, five reference panels were conducted with healthcare professionals, family carers and people with dementia. PT was refined and tested iteratively through knowledge synthesis informed by forty-seven primary studies, reference panel discussions and expert panel refinement and consensus. Results The review has developed an explanatory PT on ADM implementation in healthcare practice. The review identified four implementation domains as significant. These are Personalisation of Health & ADM Service Provision, Culture & Leadership, Environmental & Social Re-structuring and Education, Training & Enablement. Each domain is presented as an explanatory PT statement using realist convention that identifies context, mechanism and outcome configurations. Conclusions This realist review makes a unique contribution to this field. The PT can be applied by policymakers to inform intervention development and implementation strategy. It informs the imminent policy and practice developments in Ireland and has relevance for other worldwide healthcare systems dealing with similar legislative changes in line with UNCRPD.

Background: Nosocomial infections represent a serious challenge for healthcare systems worldwide. Adherence to hand hygiene plays a major role in infection prevention and control. These adherence rates can be improved through behaviour tracking innovations. This requires the systems to be widely implemented and accepted. Therefore, both a systematic analysis of the normative issues related and the evaluation of technology acceptance are equally important. Objectives: To explore and describe relevant aspects regarding the acceptance of technology and ethical implications using a tracking device to measure and improve adherence to hand hygiene. Research design: A quantitative study with a descriptive design was performed. Participants and research context: A total of 75 questionnaires were collected in three hospitals in Germany. Acceptance of technology was measured with n = 60 participants (n = 50 nurses; n = 9 physicians; n = 1 not disclosed) and ethical assessment with n = 15 participants (nurses only). Ethical considerations: Ethical approval for this study was obtained from the institutional review board. Findings: The acceptance of technologies improving hygiene in general was good (median = 80.5, interquartile range = 28, range: 0–100). The experience with technologies in general (median = 48.5, interquartile range = 57, range: 0–100) and the acceptance of the specific technology (mean = 82.23, standard deviation = 15.16 (range: 23–138)) was moderate. There was a significant positive correlation between the acceptance and experience of technology in general ( r = 0.217, p = .025). Ethical concerns played a minor role. The need for practical support was a key topic. Discussion: Study participants accepted technologies improving hygiene; however, the specific device implemented was only moderately accepted. This creates specific opportunities in the implementation process for higher later acceptance. More practical support and an increase in experience may create opportunities for device implementation with high acceptance and low ethical concerns. Conclusion: Study results indicate a vast potential for improving the implementation process of hand hygiene technologies. Ethical concerns in this study did not seem to be a relevant barrier for successful implementation of hand hygiene technologies.

Indigenous knowledge has existed within the diverse African societies since the beginning of the life of such societies. However, it is claimed that during the colonial era in Africa such knowledge was ignored by colonialists, and later by African leaders after independence. Thus, most African indigenous knowledge including that used for improving human health was ignored by existing knowledge management theories; and people have come to depend more on exogenous (foreign) knowledge. Various theories on knowledge management have been proposed, however many have not focused on the management of African indigenous knowledge. This prompts a need to charter new theoretical models for the management of African indigenous knowledge. This article aimed at examining and highlighting various theories from different schools of thought that have explained the processes and activities involved in the management of knowledge by focusing on how they fit in managing the diversity of African indigenous knowledge systems. A total of three knowledge management theories were examined based on their significance and limitations. Given the existing theories’/models’ limitations to manage indigenous knowledge, a new framework that focuses on processes and strategies for the management of indigenous knowledge in the African context where such knowledge is generated and developed has been proposed. The five main attributes of the proposed framework are the following: the environment and setting, stages and phases for managing indigenous knowledge, the role and support of agents, the institutionalisation of indigenous knowledge and the legal framework for the management of indigenous knowledge.

Clerks of Courts in Victoria (today’s Court Registrars) occupied a relatively subordinate position within the public sector hierarchy. Despite the limited role envisaged for them by the Law Department and the statutory and administrative guidelines that framed their work, these court administrators exerted considerable influence within the busy summary jurisdiction. This thesis explores the nature of clerks of courts’ formal and informal discretionary power, and how such power evolved in the context of organisational, legal and social change culminating in the 1980s. Semi-structured interviews with registrars, former clerks, magistrates and judges were conducted to investigate the counter-intuitive concept of lower-level public servants exerting power and influence. Resulting data was analysed using primarily Michael Lipsky’s Street-level Bureaucrat framework. Findings show that, although flying under the radar, clerks were foundational and forceful actors in the provision and ongoing development of the summary court jurisdiction in Victoria. Their influence derived from a striking combination of factors: their nexus with the judiciary, their court craft and detailed knowledge of statute law, their community connections and status, and their sustained endeavour to self-organise and maintain a strong culture in the face of challenges to their role. These elements also influenced how clerks as a group and as individuals chose to employ discretion in delivering justice to citizens. At their best, they humanised and made procedurally fairer what could have been experienced as an alienating and inequitably weighted justice system.

Деркачова Т. Р. Соціальний захист працівників Національної поліції: правове регулювання в Україні : кваліфікаційна робота магістра спеціальності 081 "Право" / наук. керівник С. М. Мішок. Запоріжжя, ЗНУ, 2020. 109 с.
UA : Кваліфікаційна робота складається зі 101 сторінка, містить 76 джерел використаної інформації. Ефективність діяльності правоохоронних органів перебуває в прямій залежності від рівня соціального захисту їх працівників. Створення справді соціальної, правової держави досить тривалий процес, що вимагає значних зусиль, як органів публічного управління, так і інститутів громадянського суспільства. Залежно від виду трудової або службової діяльності соціальні гарантії можуть мати різний обсяг і форму. Соціальний захист співробітників поліції, є різновидом соціального захисту особистості, проголошеної Конституцією України. При цьому співробітники поліції не в повному обсязі користуються конституційними правами. Правове становище співробітників має ряд обмежень, які визначаються характером служби і змістом виконуваних ними завдань. Тому соціальний захист співробітника поліції, тобто комплекс пільг і переваг для нього і членів його сім'ї, закріплений в законі, повинен компенсувати не тільки важкі умови праці, а й обмеження і заборони.
EN : Qualifying work consists of 103 pages, contains 76 sources of information used. Efficiency of activity of law enforcement authorities is in direct dependence on the level of social defence of their workers. Creation of the really social, legal state is the protracted enough process, that requires considerable efforts, both organs of public management and institutes of civil society. Depending on the type of labour or official activity social guarantees can have a different volume and form. Social defence of employees of police, is the variety of social defence of personality, Ukraine proclaimed by Constitution. Thus the employees of police not in full use constitutional rights. Legal position of employees has a row of limitations that is determined by character of service and maintenance of executable by them tasks. Therefore social defence of employee of police, id est the complex of privileges and advantages for him and his family members, envisaged in a law, must compensate not only the heavy terms of labour but also limitations and prohibitions. The object of qualifying work are public relations in the sphere of social defence of workers of the National police.

As the use of software is present in so many activities today, it is important for business in particular to be aware of challenges that may seem different today than before the prevalence of software in our lives. Agile project management is one example: this more recent and nimble approach to software development presents its own challenges. Fortunately, the guiding legal principles related to traditional contract formation and execution are based in principles of fairness and equity, making the customization of legal principles to Agile contracting a reasonable endeavor. This chapter presents basic contract law and such law as it more specifically relates to contracts dealing with Agile software development.

Numerous statements and pamphlets indicate that governments should increase the transparency of ICTimplementations and algorithms in eGovernment services and should encourage democratic control. This paper presents research among civil servants, suppliers and experts who play a role in the automation of spatial policymaking and planning (e.g. environment, building, sound and CO2 regulation, mobility). The case is a major digitalisation programme of that spatial planning in the Netherlands. In this digital transition, the research assumption is that public and political values such as transparency, legitimacy and (perceived) fairness are difficult to validate in the practice of the design process; policy makers tend to lose sight of the algorithms and decision trees designed during the ICT -implementation of eGovernment services. This situation would implicate a power shift towards the system level bureaucrat. i.e., the digitized execution of laws and regulations, thereby threatening democratic control. This also sets the stage for anxiety towards ICT projects and digital bureaucracies. We have investigated perceptions about ‘validation dark spots’ in the design process of the national planning platform that create unintended shifts in decision power in the context of the legal planning process. To identify these validation dark spots, 22 stakeholders were interviewed. The results partially confirm the assumption. Based on the collected data, nine validation dark spots are identified that require more attention and research.

The creation and subsequent access to accurate information is widely accepted as a vital component of a national radioactive waste management strategy. Information on the origin and quantity of the waste together with its physical, chemical and radiological characteristics provides a catalyst for sound and transparent decision making. This information will originate from a number of potentially disparate sources, including material manufacturers, facility operators, waste producers, Government and Non-Government organisations and regulators. The challenge to those with a role in information management in further increased by the fact that much of the information created is required to support activities, not only in the immediate future, but also in the longer-term — typically many decades or even centuries. The International Atomic Energy Agency (IAEA) has published a number of guidance documents under the Safety Series, one of which makes direct reference to information management. The document [1] is intended to assist Member States in the development of a national system for radioactive waste management and identifies the key responsibilities and essential features of such a system. The following statement appears in Section 5: “The regulatory body, the waste generators and the operators of radioactive waste management facilities should maintain documentation and records consistent with the legal requirements and their own needs.” An essential requirement of these ‘documents and records’ is that they should be “...kept in a condition that will enable them to be consulted and understood later by people different from, and possibly without reference to, those who generated the records ...” The scope of the documentation and records to be kept will be wide ranging but will include “...an inventory of radioactive waste, including origin, location, physical and chemical characteristics, and, as appropriate a record of radioactive waste removed or discharged from a facility”, and “site plans, engineering drawings, specifications and process descriptions ... radioactive waste package identification ...”. It is has long been recognised in the United Kingdom that the management of radioactive waste will require the assembly and secure retention of a diversity of records and data. This information will be needed to inform the strategic decision making process, thus contributing to the future safe, environmentally sound and publicly acceptable management of radioactive waste. In the meantime it will also service the nation’s international commitments. When the planning application for a Rock Characterisation Facility (RCF) was refused and the subsequent Nirex appeal rejected in 1997, it was recognised that transfer of waste to a national repository was ulikely to take place for many decades. The long-term preservation of information by the waste management organisations thus became an issue. Since this time, the UK nuclear industry, including the waste producers, regulators and other Government Departments have worked together to develop a common information management system that is now being implemented. It is based on an Oracle database and is supported by ‘electronic tools’ designed to facilitate entry and retrieval of data in a common format. Long-term access to these data underpins many aspects of the system design. Designing such a system and seeing through its development has been a challenge for all those involved. However, as the project nears the completion of the development phase, it is clear there are several benefits in this approach. These include a sharing of best practice, shared development costs, an improved understanding of the needs of all parties, and the use of a common platform and tools. The ‘partnership approach’ between waste management organisations, Government departments and regulators will also reduce the likelihood of future surprises or conflicts of interest. Industry-wide co-operation also provides a greater degree of confidence that the system will continue to enjoy technical and financial support for the foreseeable future. The British Radwaste Information Management System (BRIMS) is supported by the principal waste producers, the Department for Environment, Food and Rural Affairs (DEFRA), the Nuclear Installations Inspectorate (NII) and United Kingdom Nirex Limited (Nirex). All organisations that have participated in its development over the past seven years have free access to it and may use it as part of their waste management strategy.

The professional engineer of the 21st century must have a holistic view of his/her world, and recognize that continuing education is vital for maintenance of professional competitiveness.. Engineering education has generally responded to workforce technology needs which have traditionally changed rather slowly. Today’s professional engineer must be prepared to meet the challenges of an increasingly complex physical, legal, technical, and social climate with which he/she is confronted. Accordingly, today’s engineering education system is structured to prepare graduates for life-long learning, by placing greater emphasis on the learning process. In the 21st century, workforce technology and demands are changing at an extremely rapid pace, and in order to remain current, the modern engineering professional must adapt to those rapid changes. Within this environment, expertise in a single discipline or technology is no longer considered adequate for the professional engineer, since he/she must be comfortable working in multi-disciplinary teams, be capable of integrating a broad range of knowledge, and working across intellectual boundaries. The modern engineer must understand the global marketplace and its working environment, and in so doing develop an international perspective, and be prepared for participation in international projects. He/she must appreciate the issues relating to sustainability, and design accordingly to address the concerns. The engineer is expected to maintain a broad perspective, and be prepared to adjust to the rapid, dynamic changes which are encountered. This paper identifies some of the reasons for the pursuit of continuing education, and reviews options which are available to the practicing engineer in Florida, with particular emphasis on opportunities offered by the University of Florida. Paper published with permission.