Appropriate Level Of Regulation Research Articles

SPORTS CODE OF UKRAINE: PERSPECTIVES OF REGULATORY REGULATION

The sports order is formed, including a huge network of various institutions, organizations and regulators, cooperation and participation of public and private actors at various levels, and has its own judicial system, based on the International Court of Arbitration for Sport in Lausanne. At the same time, despite the integrity of the system of sports law and order in relation to public law and order, the internal organizational unity, in particular, the process of resolving disputes in sports relations is quite unbalanced. Issues of legal regulation of relations in the field of professional sports, their protection remain undisclosed, or disclosed in fragments. The existing normative legal basis is based on the provisions of three legislative acts, which do not provide the appropriate level of regulation. The above actualizes the issue of codification of sports legislation of Ukraine. This method of systematization of the legal framework ensures the elimination of gaps in the legal regulation of professional sports. In this aspect, the issue of borrowing the legislative traditions of related legal systems, among which the attention of France is paid, is relevant. The publication provides an overview of the French Sports Code in terms of research. The sphere of relations regulated by a codified act is determined. The substantiation of necessity of codification of the sports legislation of Ukraine is resulted.

NEUROMARKETING AND FREE WILL IN CIVIL LAW

The research is devoted to topical issues of law in the field of neuromarketing. The transition from commodity economy to economy of impressions is largely due to application of modern methods of monitoring brain functioning in order to increase efficiency of production and trading strategies. Due to the potential ability to influence the decision-making process of clients, neuromarketing attracts mixed opinions from lawyers and psychologists. The current legislation does not provide an appropriate level of regulation of neuroscience and their results in the market. At the same time, the precontractual impact on the consumer may contain signs of distorting the principles of freedom of contract, good faith, and reasonableness. The article proposes to consider the rational behavior of an individual - one of the main presumptions of civil law - from a new perspective, given the current results of neuropsychological research and ethical and legal aspects of social relations. The results of the work allow to speak about fundamental possibility of limiting the dynamic form of free will in a contractual obligation (up to the refusal of a transaction) if there are conditions related both directly to the psychophysiological characteristics of the counterparty and the pe-culiarities of neuromarketing effects under a specific contract. The relevance of hierarchical concepts of autonomy of will is noted; these are the situations when an individual choice is subject to legal protection, if it reflects a genuine will, consistent with the essential goals and values of the person. The absence of defects in awareness and voluntariness in such cases is a key aspect of principles of freedom of contract and reasonableness associated with a conscious decision when entering an obligation.

The role of physician associates in secondary care: the PA-SCER mixed-methods study

BackgroundIncreasing demand for hospital services and staff shortages has led NHS organisations to review workforce configurations. One solution has been to employ physician associates (PAs). PAs are trained over 2 years at postgraduate level to work to a supervising doctor. Little is currently known about the roles and impact of PAs working in hospitals in England.Objectives(1) To investigate the factors influencing the adoption and deployment of PAs within medical and surgical teams in secondary care and (2) to explore the contribution of PAs, including their impact on patient experiences, organisation of services, working practices, professional relationships and service costs, in acute hospital care.MethodsThis was a mixed-methods, multiphase study. It comprised a systematic review, a policy review, national surveys of medical directors and PAs, case studies within six hospitals utilising PAs in England and a pragmatic retrospective record review of patients in emergency departments (EDs) attended by PAs and Foundation Year 2 (FY2) doctors.ResultsThe surveys found that a small but growing number of hospitals employed PAs. From the case study element, it was found that medical and surgical teams mainly used PAs to provide continuity to the inpatient wards. Their continuous presence contributed to smoothing patient flow, accessibility for patients and nurses in communicating with doctors and releasing doctors’ (of all grades) time for more complex patients and for attending to patients in clinic and theatre settings. PAs undertook significant amounts of ward-based clinical administration related to patients’ care. The lack of authority to prescribe or order ionising radiation restricted the extent to which PAs assisted with the doctors’ workloads, although the extent of limitation varied between teams. A few consultants in high-dependency specialties considered that junior doctors fitted their team better. PAs were reported to be safe, as was also identified from the review of ED patient records. A comparison of a random sample of patient records in the ED found no difference in the rate of unplanned return for the same problem between those seen by PAs and those seen by FY2 doctors (odds ratio 1.33, 95% confidence interval 0.69 to 2.57;p = 0.40). In the ED, PAs were also valued for the continuity they brought and, as elsewhere, their input in inducting doctors in training into local clinical and hospital processes. Patients were positive about the care PAs provided, although they were not able to identify what or who a PA was; they simply saw them as part of the medical or surgical team looking after them. Although the inclusion of PAs was thought to reduce the need for more expensive locum junior doctors, the use of PAs was primarily discussed in terms of their contribution to patient safety and patient experience in contrast to utilising temporary staff.LimitationsPAs work within medical and surgical teams, such that their specific impact cannot be distinguished from that of the whole team.ConclusionsPAs can provide a flexible advanced clinical practitioner addition to the secondary care workforce without drawing from existing professions. However, their utility in the hospital setting is unlikely to be fully realised without the appropriate level of regulation and attendant authority to prescribe medicines and order ionising radiation within their scope of practice.Future researchComparative investigation is required of patient experience, outcomes and service costs in single, secondary care specialties with and without PAs and in comparison with other types of advanced clinical practitioners.Study registrationThe systematic review component of this study is registered as PROSPERO CRD42016032895.FundingThe National Institute for Health Research Health Services and Delivery Research programme.

On the edges of the law: sex workers’ legal consciousness in England

AbstractIn England, sex workers are placed at the edges of the law. How the social and legal status of sex workers impacts on their perception of and interaction with the law in a semi-legal setting has not yet been explored. Drawing on fifty-two qualitative interviews with indoor and outdoor sex workers in England, this study investigates their disposition to the law, legality and the state. The commonalities and discrepancies between the experiences of indoor and outdoor sex workers reveal the influence of the combination of legal framework and social status on sex workers’ legal consciousness. This study finds that, even in a setting of semi-legality, sex workers attempt to avoid contact with state authorities. However, this aversion to the current law does not prevent them from making claims for legal change. Surprisingly, indoor and outdoor sex workers hold opposing views on the appropriate level of regulation and state involvement in the sex industry. Remarkably, although outdoor sex workers have more negative experiences with arbitrators of the law, they desire the law's protection. In contrast, indoor sex workers’ main grievance is for sex work to be a legitimate industry that can operate with only minimal state control. These differences in outdoor and indoor workers’ legal claims are explicable by sharp cleavages in social status, vulnerability and degree of criminalisation. These findings demonstrate that intra-group differences in the legal consciousness of marginalised groups are key to understanding the role of social and legal status in shaping legal claims.

What is the contribution of physician associates in hospital care in England? A mixed methods, multiple case study

ObjectivesTo investigate the deployment of physician associates (PAs); the factors supporting and inhibiting their employment and their contribution and impact on patients’ experience and outcomes and the organisation of services.DesignMixed...

Informal tourism entrepreneurs’ capital usage and conversion

ABSTRACTThis article examines informal entrepreneurs’ capital usage and conversion in the Thai tourism sector. On the Bourdieusian assumption that people perpetually transform tangible and intangible forms of capital, this study seeks to answer how informal tourism entrepreneurs transform intangible capital into tangible capital, and vice versa, at different stages of their development process. A visual dataset of 78 filmed interviews and of 426 photographs of informal entrepreneurs in three tourist-island destinations in Thailand was compiled and analysed using thematic qualitative analysis. The results show the importance of diversification of capital mix at informal entrepreneurs’ different development stages. Whereas cultural and symbolic capital are more salient for freelancers and small-size entrepreneurs, economic and social capital are more important for mid-size and large informal entrepreneurs. Furthermore, this study introduces dream capital as a new form of capital. Developing countries are recommended to introduce a policy on profiling informal tourism entrepreneurs so that the appropriate level of regulation can be applied in order to maintain or increase their benefits to society.

Proportionality in Public Health Regulation: The Case of Dietary Supplements.

The idea that the degree of infringement public health interventions have on individual rights should be proportional to the degree of expected benefits has emerged as an influential principle in public health ethics and policy. While proportionality makes sense in theory, it may be difficult to implement in practice, due to the inherent conflict between individual rights and the common good underlying the principle. To apply the proportionality principle to a decision of policy, one must still find a reasonable way of balancing these competing values in light of the available options and empirical evidence. In this article, I consider how the proportionality principle applies to the regulation of dietary supplements and examine some critiques of the current oversight system. I argue that it may be difficult maintain proportional oversight because the risks of dietary supplements vary considerably. Strengthening the regulations may therefore promote an appropriate level of regulation in some cases but lead to overregulation in others.

Investigating the contribution of physician assistants to primary care in England: a mixed-methods study

BackgroundPrimary health care is changing as it responds to demographic shifts, technological changes and fiscal constraints. This, and predicted pressures on medical and nursing workforces, raises questions about staffing configurations. Physician assistants (PAs) are mid-level practitioners, trained in a medical model over 2 years at postgraduate level to work under a supervising doctor. A small number of general practices in England have employed PAs.ObjectiveTo investigate the contribution of PAs to the delivery of patient care in primary care services in England.DesignA mixed-methods study conducted at macro, meso and micro organisational levels in two phases: (1) a rapid review, a scoping survey of key national and regional informants, a policy review, and a survey of PAs and (2) comparative case studies in 12 general practices (six employing PAs). The latter incorporated clinical record reviews, a patient satisfaction survey, video observations of consultations and interviews with patients and professionals.ResultsThe rapid review found 49 published studies, mainly from the USA, which showed increased numbers of PAs in general practice settings but weak evidence for impact on processes and patient outcomes. The scoping survey found mainly positive or neutral views about PAs, but there was no mention of their role in workforce policy and planning documents. The survey of PAs in primary care (n = 16) found that they were mainly deployed to provide same-day appointments. The comparative case studies found that physician assistants were consulted by a wide range of patients, but these patients tended to be younger, with less medically acute or complex problems than those consulting general practitioners (GPs). Patients reported high levels of satisfaction with both PAs and GPs. The majority were willing or very willing to consult a PA again but wanted choice in which type of professional they consulted. There was no significant difference between PAs and GPs in the primary outcome of patient reconsultation for the same problem within 2 weeks, investigations/tests ordered, referrals to secondary care or prescriptions issued. GPs, blinded to the type of clinician, judged the documented activities in the initial consultation of patients who reconsulted for the same problem to be appropriate in 80% (n = 223) PA and 50% (n = 252) GP records. PAs were judged to be competent and safe from observed consultations. The average consultation with a physician assistant is significantly longer than that with a GP: 5.8 minutes for patients of average age for this sample (38 years). Costs per consultation were £34.36 for GPs and £28.14 for PAs. Costs could not be apportioned to GPs for interruptions, supervision or training of PAs.ConclusionsPAs were found to be acceptable, effective and efficient in complementing the work of GPs. PAs can provide a flexible addition to the primary care workforce. They offer another labour pool to consider in health professional workforce and education planning at local, regional and national levels. However, in order to maximise the contribution of PAs in primary care settings, consideration needs to be given to the appropriate level of regulation and the potential for authority to prescribe medicines. Future research is required to investigate the contribution of PAs to other first contact services as well as secondary services; the contribution and impact of all types of mid-level practitioners (including nurse practitioners) in first contact services; the factors and influences on general practitioner and practice manager decision-making as to staffing and skill mix; and the reliability and validity of classification systems for both primary care patients and their presenting condition and their consequences for health resource utilisation.FundingThe National Institute for Health Research Health Services and Delivery Research programme.

A patient-centred paradigm for the biosimilars market

Intr oduction In the history of medicine, biologicals are relatively new products. Biologicals developed in the 1980s produced an impact in nephrology, oncology, and other therapeutic areas. The expiration of intellectual property rights on originator biologicals created the possibility for development of ‘follow-on biologic’ products, based on the originators. The EU in 2005 initiated public discussion on guidelines for approval of such products [1], which it denominated as ‘similar biological medicinal products’ in the guideline but also referred to as ‘biosimilars’ in subsequent publications [2]. EMA approved its first biosimilar under these guidelines in 2006. Since then, many countries on all continents (besides Antarctica) have adopted similar biosimilar regulatory approval procedures, and the WHO has developed a guideline for development of such regulatory guidelines. Regulatory and industry conferences have addressed how to achieve the appropriate level of regulation for biosimilars [3]. One consulting company recently estimated the combined annual growth rate of the global biosimilars market at 52% for the time period 2010–15 [4].

Regulation of Electricity Markets at the EU Level

European energy sector is moving from national to international markets. This transformation is reflected in the current market opening process and in the European level cooperation between both private and public sector operators. Despite of this clear and significant change, the markets are still regulated essentially at national level. This article will discuss the appropriate level of regulation of electricity markets. It will be argued that European wide markets should be regulated at European level. Instead of national or regional. Looking at the third legislative package and the pre-existing regulatory framework, it seems that the future decision-making authority will be spread across several organizations at national, regional and European level.

Changes in the Securities Trading Landscape in Europe and the U.S.

This article describes the fundamental changes in the securities trading landscape in Europe and the U.S. Three trends during the last decade change the business model of securities trading profoundly, being demutualisation, consolidation and technological evolution. The emergence of Alternative Trading Systems put considerable pressure on traditional stock exchanges and raises questions about the appropriate level of regulation and the level-playing field among all actors in the securities trading business.

The Appropriate Level of Regulation in Europe: Local, National or Community-Wide?: A Roundtable Discussion

This article presents a roundtable discussion on the appropriate level of regulation in Europe. Manfred Neumann presented a theoretical rationale that leans towards the individualistic approach of government competition. Michael Emerson discussed the flexibility offered by the Treaties. Colin Myer describes the characteristics of the industry relevant to the design of its regulation. Lastly, Stephen Breyer shared his comments from a U.S. perspective.