Appropriate Level Of Protection Research Articles

The Right to Refuse Equivalence of Sanitary and Phytosanitary Measures: Trading on Regulatory Trust?

Abstract Equivalence is an essential discipline for liberalising trade between States whose sanitary and phytosanitary (SPS) measures are based on divergent regulatory approaches. During the Uruguay Round negotiations, “equivalence” under the SPS Agreement was regarded by negotiators as being “of great importance”, and it was even considered to establish a right for exporting States. In practice, the discipline has remained ineffective, with only thirty-six equivalence recognition decisions made since 1995. This article argues that the underperformance of equivalence as an obligation is structural in nature: in effect, the SPS Agreement establishes a conditional right of importing Members to refuse equivalence requests. As such, exporting Members only gain equivalence protection where they either demonstrate that their measures (1) meet the importing Member’s appropriate level of protection or (2) achieve the same level of protection as parties to recognition agreements. Finally, the need for fostering regulatory trust between domestic SPS regulatory agencies is underscored as a prerequisite for achieving broader equivalence recognition.

Kwalifikacje zawodowe wybranych zawodów medycznych – charakterystyka wymogów prawnych i aspektów praktycznych

In terms of legal requirements for medical personnel, education plays a key role – in each of the analyzed medical professions – it must be a higher education. In the field of post-graduate education (after obtaining the right to practice), it is also possible to complete a specialization course, as a result of which one is able to obtain the title of specialist. As a part of this form of education, medical personnel should constantly improve their professional qualifications in various forms, e.g. qualification courses and specialized training. The provisions of the analyzed acts relating to the so-called independent medical professions indicate, above all, that in order to practice each of the medical professions, it is necessary to hold (maintain) the right to practice the profession and that is subject to the obligation of continuous education, verified by medical boards. The law specifies legal requirements for people who want to practice medicine, in the first place, students of medical faculties. They establish the conditions for obtaining the prerequisite to practice the profession and provide for the need of the continuous postgraduate education after fulfilling the education requirement. This solution introduces a significant scope of legal liability for people who want to practice a given medical profession, which guarantees an appropriate level of protection for patients. Legal regulations for medical professions are in many cases similar, although there are separate legal solutions.

Administrative-legal support for the protection of citizens personal data: contemporary theoretical approaches

The article is devoted to the issues of modern understanding of the concept, essence and content of administrative and legal support for the protection of personal data of citizens. In this aspect, the author emphasizes the growing need to form an appropriate level of protection of an individual from information threats of the modern world and to form administrative and legal support for the protection of personal data of citizens.
 The methodological basis of the study. The selected issue is approached using a systematic methodology, which incorporates dialectical, formal-logical, and structural-functional methods, in addition to other standard scientific research techniques. Furthermore, specific legal methods, such as formal-logical, systematic-functional, comparative analysis, methods of legal interpretation, and legal forecasting, are employed. The study is grounded in the theory of cognition, with a particular emphasis on materialist dialectics as its overarching method. General scientific research methods used include formal-logical and systematic approaches.
 Results. The author emphasizes that legal protection of personal data by the authorities is based on legislation and regulations governing the rights and obligations of the authorities with respect to personal data processing. It is emphasized that these rules may include requirements for data registration, confidentiality, notification of an individual about the collection and use of his or her personal data, and establishment of liability for violation of data protection rules. The concept of personal data protection by the authorities includes the adoption of appropriate legal measures to ensure the security and confidentiality of these data.
 Conclusions. The administrative and legal support for the protection of citizens’ personal data takes place within the activities of government authorities as an element of their service function. The concept of administrative and legal support for the protection of citizens’ personal data is defined as the regulated administrative and legal activities of entities responsible for ensuring the protection of personal data, primarily the activities of public administration subjects, aimed at administrative and legal regulation, implementation, protection, and safeguarding of public relations in the field of personal data. It guarantees the rights and legitimate interests of all subjects of legal relations, focusing on creating the necessary conditions for compliance with legislation on personal data protection. It is emphasized that administrative support is the activity of public authorities manifested in legal regulation, application, and protection of the rights, freedoms, and interests of citizens.

ADVOCACY AS A FORM OF IMPLEMENTATION OF STATE LEGAL GUARANTEES ON LEGAL AID IN UKRAINE

The Constitution of Ukraine guarantees everyone the right to legal assistance, including free assistance (Article 59). This right follows from the content of the Basic Law and is a component of the legal status of a person. A legal democratic state is primarily characterized by an appropriate level of protection of the rights and freedoms of a person and citizen, which are under its protection. Today, there are no such actions in society that would not be regulated by legal norms, so it is often difficult for people who do not have legal knowledge to properly use their rights, and in case of their violation, to protect them in a legal way. The rule of law must ensure the provision of the necessary legal assistance in the necessary amount. That is why it is important to consider advocacy as one of the institutions providing such assistance in the justice system. In accordance with its constitutional nature and socio-legal content, the institution of legal assistance of the bar is in a relationship with the institution of judicial power. The constitutional right to legal aid (Article 59 of the Constitution of Ukraine) is considered one of the main constitutional guarantees of the right to access to justice, which in turn is part of the right to judicial protection (Article 55 of the Constitution of Ukraine). The effectiveness of the latter largely depends on the level of legal assistance provided by lawyers. The lawyer, as well as the court, is entrusted with the constitutional duty to protect the rights, freedoms and interests of human and citizen citizens. Only when a relationship of mutual respect, mutual understanding of their roles and independence from each other is established between the court and the lawyers, it is possible to talk about establishing the truth in the administration of justice.

Administracyjne kary pieniężne w ustawie o produktach kosmetycznych a dyrektywy wymiaru kary z art. 189d Kodeksu postępowania administracyjnego

Within the legal system applicable in the Republic of Poland, it is the Act on cosmetic products of 4 October 2018 that regulates the supervision and supervisory measures in the market for such products. The domestic scheme of market supervision in respect of cosmetic products involves the competencies of the State Sanitary Inspectorate and the Trade Inspectorate. These bodies have been equipped with supervisory measures in the form of administrative sanctions, the most severe of which are financial administrative penalties imposed on business entities under their administrative criminal liability. The ratio legis of this legislative act is based on the premise that the appropriate level of protection of public interest (consumer health and life protection) may be best achieved through the preventive and repressive character of fines. The article substantiates the claim that effective supervision (which provides an appropriate level of consumer health and life protection) determines that supervisory bodies employ financial administrative penalties in judicial matters only if the directives on the penalty extent are understood correctly. This article constitutes a dogmatic and legal analysis of the statutory premises which determine the extent of financial administrative penalties imposed by supervisory bodies (the so-called ‘directives on the penalty extent’) on entrepreneurs within the cosmetics industry under the scheme stipulated in the Act on cosmetic products of 4 October 2018. The article aims to present how these premises are understood and applied in judicial matters by the State Sanitary Inspectorate and the Trade Inspectorate. It is the correct understanding and application of these premises (directives) for the extent of financial administrative penalties that result in the appropriate behaviour on the part of the entrepreneur during the course of the proceedings. This, in turn, is a direct consequence of the extent and severity of the administrative monetary penalty, as it has a preventive and repressive function.

Scleractinian coral (Cnidaria, Hexacorallia, Scleractinia) diversity of the Mersing Islands, Peninsular Malaysia.

We present a comprehensive checklist of scleractinian (hard) corals for the Mersing Islands, Malaysia based on surveys conducted at 24 reefs across protected and unprotected marine areas. A total of 261 species of corals from 16 families and one incertae sedis (Pachyseris spp.) were recorded, along with ten records that are new for the east coast of Peninsular Malaysia. Compared against the IUCN Red List, 46.7% of coral species found in the Mersing Islands were of Least Concern (LC), 29.5% as Near Threatened (NT) and 16.4% Vulnerable (V). Only one recorded species, Pectiniamaxima (Moll & Best, 1984), was listed as Endangered (EN). Baseline species diversity data are essential for the monitoring and management of marine biodiversity, especially within marine protected areas. With both protected and unprotected coral reef areas in the vicinity of the widely scattered Mersing Islands, the diversity and distribution of coral species can be used as the basis for area-based conservation and management strategies. The diversity and abundance of scleractinian corals of each island or area should be surveyed periodically to ensure the appropriate level of protection is afforded to retain scleractinian biodiversity in this region.

Конфіденційність податкової інформації, що підлягає автоматичному обміну: імперативи забезпечення

OECD governments are working together to address important issues of rapid response to the use of aggressive tax planning and transfer pricing by multinational entities (MNE). Activities in the area of transfer pricing lead to the erosion of the tax base – the state does not receive adequate tax revenues. World practice shows that transfer pricing needs to be regulated. The OECD provided recommendations, including on the establishment of mechanisms for the administration of transfer pricing, the definition of basic requirements for documentation on transfer pricing and the exchange of tax information. As a result of the involvement of more and more countries in the global exchange of tax information, in recent years the problems of ensuring the confidentiality of information to be exchanged have become important. The OECD provides governments with the opportunity to share experience, identify best practices and coordinate activities in the context of the mentioned issue. Ukraine is actively involved in these processes, which highlight the introduction of a number of tools to establish the functioning of international automatic exchange and ensure the confidentiality of tax information. The latter causes further implementation of relevant OECD model legislation. The analysis of international approaches and best practices for ensuring confidentiality and an appropriate level of protection of information exchanges between OECD member states on the issues of the BEPS Action Plan implementation and identification of imperatives for their application are performed. The research is based on a synthesis of general scientific methods, methods of comparison, institutional analysis and empirical approach. The OECD recommendations and the national legislation of certain countries, which contain provisions for ensuring confidentiality and protection of tax information to be exchanged are summarized and systematized. According to the results of the study, various tax administrations are guided by the recommendations of the OECD model legislation within the development of a mechanism to ensure the necessary level of confidentiality and effective protection of tax information to be exchanged. But there are some national pecularities and obstacles for implementation of OECD model legislation.

Mechanism of administrative and legal regulation of the use of personal data by local governments

The article is devoted to studying the peculiarities of the mechanism of administrative and legal regulation of the use of personal data by local governments. The authors focus on the organizational, legal, and administrative-procedural principles of using personal data by local governments in Ukraine. The international experience of legal regulation of personal data use is analyzed. The purpose of the study was to determine the characteristics of the mechanism of administrative and legal regulation of the use of personal data by local governments. According to the purpose, the object of the study is the public relations that arise in the field of the use of personal data by local governments. And the subject of the study is the mechanism of administrative and legal regulation of such use. The methodological basis of the study is a set of general and unique methods of cognition, in particular: dialectical, historical, descriptive, methodology of scientific analysis, and generalization - comparative law, structural-functional and analytical. The authors made conclusions that to improve national legislation, Ukraine, under its obligations under the Association Agreement with the EU, must implement mechanisms for the appropriate level of protection of personal data.

WaterQuality Guidelines for Metal Contaminants in Stormwater Runoff: Insights and Considerations.

WaterQuality Guidelines for Metal Contaminants in Stormwater Runoff: Insights and Considerations.

Міжнародний досвід і типові помилки забезпечення конфіденційності, захисту та використання інформації звітності CbC

Within the OECD, where governments are working together to address important issues of globalization, efforts are also being made to help OECD member countries respond more quickly to new challenges, one of which is to ensure the confidentiality and proper use of information. The OECD provides governments with the opportunity to share experiences in implementing administrative policy, to seek answers to common problems, to identify best practices and to coordinate activities in the context of these issues. The study of issues related to ensuring confidentiality, protection and use of reporting information between countries (Country-by-country, hereinafter - CbC) in the article is considered from the standpoint of international experience, in the context of this issue. For Ukraine as a post-Soviet country, the study of relevant experience is presented by such countries as Georgia, Kazakhstan and Russia. The analysis of international experience in ensuring confidentiality and the appropriate level of protection of information that is the subject of exchange between OECD member countries as part of the implementation of the BEPS Action Plan. The research is based on a combination of general scientific methods, comparison methods and an empirical approach. A summary of the national regulations of the countries in question is made, which contain provisions on confidentiality, data protection and proper use of information Country-by-country reports. Based on the results of the study, it has been proven that different tax administrations should, in practice, have different approaches to ensure the required level of effective protection of confidentiality of country-by-country reports information and establish penalties for breach of confidentiality.

Does the scientific knowledge reflect the chemical diversity of environmental pollution? – A twenty-year perspective

Environmental policymaking relies heavily on the knowledge of the toxicological properties of chemical pollutants. The ecotoxicological research community is an important contributor to this knowledge, which together with data from standardized tests supports policy-makers in taking the decisions required to reach an appropriate level of protection of the environment. The chemosphere is, however, massive and contains thousands of chemicals that can constitute a risk if present in the environment at sufficiently high concentrations. The scientific ecotoxicological knowledge is growing but it is not clear to what extent the research community manages to cover the large chemical diversity of environmental pollution. In this study, we aimed to provide an overview of the scientific knowledge generated within the field of ecotoxicology during the last twenty years. By using text mining of over 130,000 scientific papers we established time-trends describing the yearly publication frequency of over 3500 chemicals. Our results show that ecotoxicological research is highly focused and that as few as 65 chemicals corresponded to half of all occurrences in the scientific literature. We, furthermore, demonstrate that the last decades have seen substantial changes in research direction, where the interest in pharmaceuticals has grown while the interest in biocides has declined. Several individual chemicals showed an especially rapid increase (e.g. ciprofloxacin, diclofenac) or decrease (e.g. lindane and atrazine) in occurrence in the literature. We also show that university- and corporate-based research exhibit distinct publication patterns and that for some chemicals the scientific knowledge is dominated by publications associated with the industry. This study paints a unique picture and provides quantitative estimates of the scientific knowledge of environmental chemical pollution generated during the last two decades. We conclude that there is a large number of chemicals with little, or no, scientific knowledge and that a continued expansion of the field of ecotoxicology will be necessary to catch up with the constantly increasing diversity of chemicals used within the society.

Walking down the memory lane with SARS-CoV-2 B cells.

The B-cell response to COVID-19 vaccines in convalescent individuals.

Road traffic safety in Ukraine: state and development prospects

Introduction. The issue of road traffic safety has been studied by many modern scientists. However, despite the research, this issue remains relevant to this day, both theoretically and practically. This is due to the fact that the concept of road traffic safety is not currently enshrined in law, and there is no unanimity among scientists on its content. Moreover, the relevance of the practical component is evidenced by the fact that over the past three years a number of important regulations in the field of road traffic safety and procedures for their implementation have been developed. The purpose of the paper is to determine the state of road traffic safety in Ukraine. In accordance with the goal, the main objectives of this study are to formulate a definition of “traffic”, “road traffic safety”, outlining their elements; determining the state of road traffic safety in Ukraine and further development trends, establishing the main directions of implementation of state policy in the field of road traffic safety. Results. Covering the issue of road safety, it should be noted that the current legislation of Ukraine does not provide a definition of this concept, but in 2016 there was an attempt to legislate both the legal category of “road traffic safety” and a number of closely related to it. Thus, the authors of the draft Law on Road Traffic and Safety defined traffic as “the process of traffic on roads and other places where it is not prohibited by the draft law”, and road traffic safety as “a state of the road system, due to which the appropriate level of protection of road users from road accidents and their negative consequences is determined and achieved”. It should be emphasized that road traffic safety is achieved through the application of appropriate measures of organizational, administrative, socio-economic and technical nature, which are enshrined in regulations and which are aimed at ensuring the proper and safe level road traffic safety for all its participants. It should be noted that neither the Ukrainian legislator nor the state executive bodies reduce the state of danger on the roads of Ukraine, so they are constantly developing appropriate programs and taking measures to increase the level of road traffic safety. Thus, in 2020, a state program was approved, the main goal of which is to reduce the level of accidents on the roads and the severity, first of all, of the socio-economic consequences of road accidents. Conclusion. According to the legislation of Ukraine, road traffic safety should be understood as a set of socio-economic and organizational-technical measures to ensure road traffic safety and road user, prevention of road traffic accidents and elimination or minimization of their negative consequences.

Fishy SPS Measures? The WTO's Korea – Radionuclides Dispute

AbstractThe Korea–Radionuclides case addresses Korean SPS measures imposed on Japanese fishery products after the Fukushima Dai-ichi nuclear plant meltdown in 2011. Japan challenged these measures as more restrictive than necessary under the SPS Agreement. The panel agreed with Japan, but this ruling was largely reversed by the Appellate Body. Korea's victory at the Appellate Body was based on procedure. The panel accepted Korea's appropriate level of protection (ALOP), which included both quantitative and qualitative elements. However, the Appellate Body found that the panel only addressed the quantitative aspect of Korea's ALOP and reversed on that basis. The Appellate Body's ruling did not affirmatively find that Korea's SPS measures were legal under WTO rules. Instead, the Appellate Body found that panel had not sufficiently addressed Korea's arguments and, thereby, the panel could not determine that the SPS measures were more restrictive than necessary. The case highlights the need for the Appellate Body to be able to conduct its own factual analysis, a power it could be given if the dispute settlement system is reformed. Without independent fact-finding power, the Appellate Body cannot correct panels’ mistakes, and respondents can prevail based on panel error.

State of the Art in Adoption of Contact Tracing Apps and Recommendations Regarding Privacy Protection and Public Health: Systematic Review.

BackgroundDuring the COVID-19 pandemic, contact tracing apps have received a lot of public attention. The ongoing debate highlights the challenges of the adoption of data-driven innovation. We reflect on how to ensure an appropriate level of protection of individual data and how to maximize public health benefits that can be derived from the collected data.ObjectiveThe aim of the study was to analyze available COVID-19 contact tracing apps and verify to what extent public health interests and data privacy standards can be fulfilled simultaneously in the process of the adoption of digital health technologies.MethodsA systematic review of PubMed and MEDLINE databases, as well as grey literature, was performed to identify available contact tracing apps. Two checklists were developed to evaluate (1) the apps’ compliance with data privacy standards and (2) their fulfillment of public health interests. Based on both checklists, a scorecard with a selected set of minimum requirements was created with the goal of estimating whether the balance between the objective of data privacy and public health interests can be achieved in order to ensure the broad adoption of digital technologies.ResultsOverall, 21 contact tracing apps were reviewed. In total, 11 criteria were defined to assess the usefulness of each digital technology for public health interests. The most frequently installed features related to contact alerting and governmental accountability. The least frequently installed feature was the availability of a system of medical or organizational support. Only 1 app out of 21 (5%) provided a threshold for the population coverage needed for the digital solution to be effective. In total, 12 criteria were used to assess the compliance of contact tracing apps with data privacy regulations. Explicit user consent, voluntary use, and anonymization techniques were among the most frequently fulfilled criteria. The least often implemented criteria were provisions of information about personal data breaches and data gathered from children. The balance between standards of data protection and public health benefits was achieved best by the COVIDSafe app and worst by the Alipay Health Code app.ConclusionsContact tracing apps with high levels of compliance with standards of data privacy tend to fulfill public health interests to a limited extent. Simultaneously, digital technologies with a lower level of data privacy protection allow for the collection of more data. Overall, this review shows that a consistent number of apps appear to comply with standards of data privacy, while their usefulness from a public health perspective can still be maximized.

Biosecurity risks related to recycling of mollusc shell waste for shellfish reef restoration in Australia

SummaryA risk analysis was undertaken to assess the biosecurity risks involved with recycling mollusc shell waste for restoration of shellfish reefs in Australia. The hazard identification stage identified 20 diseases and 14 groups of marine pests upon which detailed risk assessment was undertaken. The qualitative risk assessment process involved release, exposure and consequence assessment, to arrive at an unmitigated risk estimation as well as risk estimates for several shell treatments, including 3, 4 or 6 months desiccation in sunlight, exposure to hot water at 55°C for 10 min or 80°C for 5 min, bathing in freshwater for > 24 h or in vinegar (4% acetic acid) for 30 min. The effectiveness of these treatments as risk management options were then compared to inform development of protocols for biosecure treatment of mollusc shells. The appropriate level of protection (ALOP) was expressed in qualitative terms as ‘very low’, representing an annual probability between 1 in 20 and 1 in 100 years. The outcomes from the risk analysis indicated that heating recycled mollusc shells in water at 80°C for > 5 min would meet the ALOP for all pests and diseases of concern. This method has limited throughput, however, and thus may be useful only for pilot scale restoration projects. Desiccation of mollusc shells in sunlight for 4 months at > 20°C was also within the ALOP for all hazards examined. However, if ambient weather conditions at the recycling facility prevent the shell pile drying out or exceeding 20°C for several months of the year, extending the desiccation period to 6 months with at least one shell turnover is recommended to provide sufficient safety margin to ensure the ALOP is met. Desiccation of mollusc shells can be undertaken at vast scales at minimal cost, and thus appears suitable for shellfish restoration at environmentally meaningful scales.

Regulatory Autonomy under the WTO Agreement on Sanitary and Phytosanitary Measures: Implications of Korea–Import Bans, and Testing and Certification Requirements for Radionuclides

AbstractThe recent WTO dispute case, Korea–Import Bans, and Testing and Certification Requirements for Radionuclides, illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Measures (SPS Agreement). There has been constant tension between the sovereign right of a WTO member state to determine its own appropriate level of protection (ALOP) and the regulatory constraints imposed under the SPS Agreement to prevent abuse and disguised trade protection. The case emerged from this tension and raises questions on the extent of the regulatory autonomy in the application of an SPS measure. This article addresses these questions and examines the criteria for the qualitative standards for the ALOP, the question that the Appellate Body decision did not fully resolve. The criteria for the qualitative ALOP standards affect the regulatory autonomy significantly under the current SPS rules as they determine the manner and the extent to which a Member may meet the sensitive public interests in the application of an SPS measure. The article proposes a rational basis test to restrain abuse of SPS measures while preserving the regulatory autonomy protected under the SPS Agreement.

INSIDER THREAT MANAGEMENT AS AN ELEMENT OF THE CORPORATE ECONOMIC SECURITY

Abstract. This paper considers the insider threats in the companies from different sectors and various methods of their assessment. The problem of information leakage is becoming increasingly important for companies in all areas of economic activity. The problem of insider threats is becoming increasingly important, as the company may incur losses not only due to the leakage of information about its inventions, but also through lawsuits in case of theft of personal information of the customers, contractors and more. This means that in order to gain access to the international markets, Ukrainian companies must have an appropriate level of protection not only of the company’s confidential information, but also of the data on customers, contractors, etc. The objective of the article is to analyze the existing methodological approaches to the assessment of insider threats in the enterprise as a component of personnel and economic security. We came to the conclusion that different industries have different vulnerabilities to insider threats and different approaches to insider threat management. It was determined that information leaks are a serious threat to the company’s economic and personnel security. It was discovered that firms have achieved significant improvements and developed effective procedures for counteracting external threats, however, protection against insider attacks remains rather low. In the course of the research, the concept of an insider attacker was defined, the types of insider threats were established, and the main actions of the personnel prior to the insider attack were outlined. It was proved that the degree of insider threat is determined by the type of activity of the company and the liquidity of information that may be leaked. Most leaks are observed in high-tech companies and medical institutions, while the most liquid is the information of banks, financial institutions, industrial and commercial companies. Keywords: corporate economic security, human capital, personnel security, insider threat management, information database Formulas: 0; fig.: 5; tabl.: 0; bibl.: 20.

Regulatory Autonomy under the WTO Agreement on Sanitary and Phytosanitary Agreement: Implications of Korea – Import Bans, and Testing and Certification Requirements for Radionuclides

The recent WTO dispute case, Korea – Import Bans, and Testing and Certification Requirements for Radionuclides (Korea – Radionuclides), illustrates complex legal issues and significant political implications associated with the regulatory autonomy of a sovereign country under the WTO Agreement on Sanitary and Phytosanitary Agreement (SPS Agreement). There has been constant tension between the sovereign right of a WTO member state to determine its own appropriate level of protection (ALOP) and the regulatory constraints imposed under the SPS Agreement to prevent abuse and disguised trade protection. The case emerged from this tension and raises questions on the extent of the regulatory autonomy in the application of an SPS measure. This article addresses these questions and examines the criteria for the qualitative standards for the ALOP, the question that the Appellate Body decision did not fully resolve. The criteria for the qualitative ALOP standards affect the regulatory autonomy significantly under the current SPS rules as it determines the manner and the extent of which a Member may meet the sensitive public interests in the application of an SPS measure. The article proposes a rational basis test to restrain abuse of SPS measures while preserving the regulatory autonomy protected under the SPS Agreement.

Оцінка захисної ефективності фільтрувальних респіраторів при виборі й експлуатації

The influence of errors and inconsistencies on the protective effectiveness of filter respirators during the process of their selection and operation, which is due to the need to assess occupational risks in the selection of filter respirators. The method of functional resonance analysis of the study was used to model the development of different scenarios through the description of the functions of the process of selection and operation of respiratory protection, which will lead to deterioration of workers' protection based on the time of operation, availability of necessary resources and appropriate level of control. The main functions in the selection and operation of personal respiratory protection, which depend on the analysis of working conditions, justification for the choice of personal respiratory protection, checking the adequacy and features of the operation of filter respirators based on input data, operating time of possible prerequisites, required resources and appropriate level control. To describe the variability of functions, it is proposed to consider four scenarios based on their timely and accurate implementation, which allowed to present possible errors in the selection and operation of filter respirators and their consequences for effective protection of the worker given the development of several possible positive and negative results. implementation. Recommendations have been developed to reduce errors in the selection and operation of filter respirators, which is extremely important and necessary to maintain the appropriate level of protection of users throughout the specified period of operation by strengthening control over their protective properties at each stage of use.