Current Legal Regulations Research Articles

In vivo studies of substances used in the cosmetic industry.

Cosmetic producers are obliged to guarantee the safety and stability of their products. The current legal regulations are based on the European Union Directive (1223/2009) of 30 November 2009. The main aim of the directive is to formulate criteria of safety of a cosmetic product and requirements that it must meet to be placed on the market. A new cosmetic product is subjected to thorough investigation prior to its introduction on the market. It should be studied not only with respect to its safety, but also with respect to its effectiveness declared by the producer. The studies are performed in vivo, by the contact or epidermal patch tests on the human skin.

Mogućnosti izbora metodologije u proceni rizika na radnom mestu i u radnoj okolini

Introduction: According to the Law on Safety and Health at Work (Official Gazette of RS No. 101/05) and the Ordinance on the manner and procedure of risk assessment in the workplace and the working environment (Official Gazette of RS No. 72/06), the adoption of the Act on risk assessment in the workplace and the working environment is obligatory for each employer. There is a large number of methods for risk assessment at work and in the work environment. The aim of the paper is to highlight the possibility of choice of methodology in the field of risk assessment in the workplace and the working environment. Methods: We analyzed the data and literature in the field of occupational medicine, occupational safety, risk assessment methodology and the current legal regulations in the field of risk assessment in the workplace and the working environment. Results and discussions: In the field of safety and health at work, there is an obligation of the decision on risk assessment for each company and each workplace. The methodology in assessing professional risk, i.e. risks at work is different, because different approaches to risk assessment are present in practice. To assess risks in the workplace, methods that may include qualitative, semi quantitative and quantitative are being used. Qualitative methods for the assessment of risk are based on personal experience and judgment of the participants in the risk assessment team and/or use of available qualitative, non-numerical data. Typical qualitative methods for risk assessment are presented in the following matrix of risk assessment: Risk matrix 3x3; Risk matrix 4x5 and Risk matrix 5x5. Semi quantitative or combined methods for risk assessment are widely used in practice, and the evaluation and ranking of these values is based on experience and knowledge of participants in a risk assessment team. There are three types of semi quantitative methods: Matrix method of risk assessment (AUVA; BG); Spreadsheets risk assessment methods (KINNEY, PILZ; GUARDMASTER; FINE; Method of High Technical School of Professional Studies in Novi Sad etc.) and Graphical method of risk assessment. Quantitative methods of risk assessment are based on the basic form for the calculation of risk, where all values are expressed numerically: Risk is the product of probability (P), frequency (F) and size of the damage (H), and calculation formula is: R=PxFxH. Conclusions: The methodology for the assessment of risk is very versatile and offers the possibility of deciding for one method or combination of methods. The choice of the method should be done based on the needs and performance of the employer, type of activity and other factors. Modifications of methods are a common occurrence, which enables their development and improvement. Risk assessment in relation to the dangers and harms need to be performed by the method of assessment, that is clear, understandable and easy to use. In fact, regardless of the method applied during the risk assessment, the same result must be obtained.

Przesłanki restrukturyzacji jako mechanizmu odnowy strategicznej publicznych szkół wyższych

One of the most pressing issues facing contemporary public higher education institutions is their need to adjust to the continuously changing conditions of the surrounding environment. Lack of integration of those institutions with the environment reduces their economic effectiveness. In the light of current legal regulations, this may eventually lead to their liquidation. The aim of this work is twofold: to identify the rationale for restructuring as a mechanism of the strategic renewal of public higher education institutions, and to present the reasoning to the authorities of those institutions. The article analyses sales results, which are established by examining the revenues and costs of academic and research activity as well as separate business activity. The article also looks at universities’ overall financial results. The circumstances for developing a recovery programme that will lead to financial balance in public higher education institutions are identified. Universities in Poland were the subject of the research, which covered their total financial and sales results stated in financial statements for the years 2007–2014. Analysis of the fundamental area of the universities’ functioning – academics and research – reveals that costs are too high and revenues too low. Without strict supervision of costs, implementation of a recovery programme may be executed in the majority of public higher education institutions in the future. This may be the result of the situation when the fundamental activity of those institutions (didactic activity mainly) is not balanced between revenues and expenses. The worsening financial situation of universities is forcing managing authorities to undertake corrective measures. Any further actions within this area will seek to designate reference values, which should be followed by actions to the benefit of a strategic renewal of public higher education institutions.

The function of the insurance in carriers' liability for losses on goods in the road transport in Republic of Srpska

The carriers' liability for losses on goods in the road transport results from the contract of carriage concluded with the party who ordered the transport. The form and type of such a liability are defined by valid regulations for such a type of transport, i.e. by regulations for the corresponding contract of carriage. If during the transport there incurs a loss on goods for which the carrier is liable, he will have to compensate such a loss. Taking into consideration the wide range of transport risks which can lead to the loss occurrence on goods, on one side, as well as the high amount of possible losses, on the other side, the carriers can protect their interests by signing the contract on insurance. By signing the contract on insurance against the liability for losses on goods being transported, the carriers protect their interests in the way the incurred loss, for which they are liable, shall be compensated by the insurance company instead of them. The goal of this paper is to point out, in one place, a very important role of the carrier's liability insurance, as well as to point to the issues of the carrier's liability in Republic of Srpska from the aspect of current legal regulations. The conclusion provides a brief review of the noticed problems in the existing legal regulations regarding the observed problem, and the possibilities for providing of the adequate protection of carriers by means of insurance coverage.

Odpady medyczne w świetle aktualnie obowiązujących regulacji prawnych

Medical waste can be one of the most serious threats to human life and health, especially due to the risk of infections (bacteria and viruses), the presence of hazardous chemicals, and microbiological cultures. Recycling and disposing of this waste is problematic, and is subject to a separate set of laws. The position and responsibilities of those responsible for the management of medical waste are also unique. The study focuses on the definition of medical waste (excluding veterinary waste). It shows the most important problems in this area and how it should be managed given the current legal regulations. Statistics and issues related to the control of medical waste management in Poland are cited.

An overview of particle number emission from direct injection SI engine in scope of new legislation rules

The main advantages of using direct injection in an SI engine, such as lower fuel consumption and higher thermal efficiency, implicate a new problem concerning gasoline engines: the emission of particulate matter. The observed issue has been a significant direction of development of the contemporary DISI engine over the last decade. This paper contains an overview of the results of PN emission, which were obtained from experiments conducted at BOSMAL and from the literature. Current and future legal regulations regarding PN emissions were collated to the test results.

Usage of Alternative, Environmentally Acceptable Materials—Experience from Eastern Croatia

The concept of sustainability should be the main guiding principle in the construction industry today. It mandates conservation of natural resources and thus lower impact on the environment. In road construction, part of construction industry that consumes largest quantities of natural materials, sustainable building and maintenance of roads is possible trough application of secondary materials. Usage of industrial and construction waste presents energy, ecologically and financially effective alternative. Republic of Croatia, even as a new member of the European Union, still lags behind the well-established practices of the application of alternative materials in different European countries. The reasons for this can be found in the current legal and technical regulations for alternative materials. In this paper, the existing regulations for alternative materials and the impact they have on the application of these materials in practice in the region of eastern Croatia will be shown.

Information security in health care

Doctors, nurses and other medical professionals are spending more and more time in front of the computer, using applications developed for general practitioners, specialized care, or perhaps an integrated hospital system. The data they handle during healing and patient care are mostly sensitive data and, therefore, their management is strictly regulated. Finding our way in the jungle of laws, regulations and policies is not simple. Notwithstanding, our lack of information does not waive our responsibility. This study summarizes the most important points of international recommendations, standards and legal regulations of the field, as well as giving practical advices for managing medical and patient data securely and in compliance with the current legal regulations.

Plan działań krótkoterminowych jako prawny instrument ochrony powietrza

The aim of this article is to analyse a short-term action plan as a legal measure of protecting air quality in Poland. The aforementioned instrument has been implemented into the Polish Environmental Law as a result of obligations imposed by directive 2008/50/EC of the European Parliament and of the Council. This work reviews its main principles and examines current legal regulations in Poland on the subject of short-term measures to be taken to reduce the risk or duration of exceedance of air quality limit values. It indicates the imperfections of this regulation causing problems with its interpretation and preventing short-term action plans from becoming effective instruments protecting air quality. It leads to the conclusion that at current stage the Polish Environmental Law fails to achieve the objectives stated in the aforesaid directive which can cause further deterioration of air quality.

Religious freedom in the context of education in Poland. Relationship between Polish State and the Catholic Church

The faithful of the Church are at the same time citizens of a state. As a result, they are bound by law of the two societies to which they belong. Education, as a very essential part of human good, is of interest to the two authorities: state government and church hierarchy. Unfortunately, relations between state and Church authorities in this field are not free of tensions. Both state and church lawmakers must be aware of the situation, and try to draft law that would expedite not a hostile interaction but rather cooperation in this field. The paper will present current legal regulations concerning education in Poland (Catholic Church and Polish state) and offer some postulates for both sides, helping to establish better relations and protect religious freedom.

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Objectives: To design an application in SAAS (Software As A Service) platform for assisting the safety and health management in the mining companies of any size, complying with the current legal regulations and internal policies of the enterprise. Methods: It has been applied the development methodology of the Rational Unified Process (RUP) software customized and certified with ISO 9001:2000. The following tools were used: a programming language, Java 2.0, Active Server Page 2.0, JavaScript, T-SQL, database Microsoft SQL Server 10.0; generator of reports, Jasper Reports; originator of charts,, Fusion charts 5.0; framework UI, Sencha; Application server, JBoss; Web server, IIS; Operating system, Microsoft Windows. Results: It has been achieved a simple and an intuitive product which assists personal mining with little knowledge of software tools. In addition, this application also allows to store the structured and unstructured information in centralized manner (images, documents, etc.); available information without space restrictions; time or devices; simple process of load information through MS Excel files; statistical graphics that display the information in a simple manner; safety indicators which help to assess the management and take preventive measures in time; preventive aware in each process; and the emission of reports required by the authorities. Conclusions: From this study, it has developed an application in which the entrance and required information is very intuitive and immediate to get. Indeed, this will be useful for workers who are in charge of registering information/data and have pressure time. The processes are very standardized at international level so that they can be used in many countries.

Health care providers' opinions on abortion: a study for the implementation of the legal abortion public policy in the Province of Santa Fe, Argentina.

BackgroundIn Argentina, abortion has been decriminalized under certain circumstances since the enactment of the Penal Code in 1922. Nevertheless, access to abortion under this regulatory framework has been extremely limited in spite of some recent changes. This article reports the findings of the first phase of an operations research study conducted in the Province of Santa Fe, Argentina, regarding the implementation of the local legal and safe abortion access policy.MethodsThe project combined research and training to generate a virtuous circle of knowledge production, decision-making, and the fostering of an informed healthcare policy. The project used a pre-post design of three phases: baseline, intervention, and evaluation. It was conducted in two public hospitals. An anonymous self-administered questionnaire (n = 157) and semi-structured interviews (n = 27) were applied to gather information about tacit knowledge about the regulatory framework; personal opinions regarding abortion and its decriminalization; opinions on the requirements needed to carry out legal abortions; and service’s responses to women in need of an abortion.ResultsFirstly, a fairly high percentage of health care providers lack accurate information on current legal framework. This deficit goes side by side with a restrictive understanding of both health and rape indications. Secondly, while a great majority of health care providers support abortion under the circumstances consider in the Penal Code, most of them are reluctant towards unrestricted access to abortion. Thirdly, health care providers’ willingness to perform abortions is noticeably low given that only half of them are ready to perform an abortion when a woman’s life is at risk. Willingness is even lower for each of the other current legal indications.ConclusionsFindings suggest that there are important challenges for the implementation of a legal abortion policy. Results of the study call for specific strategies targeting health care providers in order to better inform about current legal abortion regulations and to sensitize them about abortion social determinants. The interpretation of the current legal framework needs to be broadened in order to reflect a comprehensive view of the health indication, and stereotypes regarding women’s sexuality and abortion decisions need to be dismantled.Electronic supplementary materialThe online version of this article (doi:10.1186/1742-4755-11-72) contains supplementary material, which is available to authorized users.

국립중앙도서관 납본수집력 강화방안 연구

모든 나라에서 국가도서관을 위한 법정 납본은 자국에서 생산된 오프라인 및 온라인 출판물을 수집하는데 있어서 가장 중요한 장서개발 수단이다. 그러나 현재 국립중앙도서관은 취약한 납본시스템으로 인하여 국내에서 생산․제작된 모든 유용한 자료를 수집하는데 한계를 보이고 있다. 이에 본 연구에서는 법정 납본에 근거한 국립중앙도서관 장서개발의 현주소를 분석하고 연간 발행․제작되는 출판물의 총량을 추정한 다음에 이를 근거로 납본수집력 강화방안, 즉 가칭 ‘납본법’ 제정을 비롯한 납본규정(지침, 기준)의 추가 개발과 보완, 도서관법상의 납본조항 및 내용 개정, 납본수집 대상자료의 합리적 유형화, 자료유형별 납본수집 범위의 최적화 전략을 제안하였다.

Medical aspects of insanity in Polish Criminal Law

Abstract Introduction Insanity is an issue at the border between two different fields of science: law and medicine. Medicine is a widely developed field that undergoes continuous and dynamic development. On the other hand, legal aspects of medicine are based on classical medical solutions adopted already in the 19th century science. Insanity is a strictly legal term. Definition of this term is an extremely important aspect for the application of Art. 31 of the Penal Code, since its interpretation determines criminal liability, and in consequence the use of criminal penalties or security measures. Aim The aim of this work was to present the issue of insanity in respect to the Polish Criminal Law and current medical knowledge. Material and methods Dogmatic-legal analysis of the current legal regulations in Poland through the prism of well-established Supreme Court jurisprudence and literature of the field was conducted. Results and discussion Recently, the condition for liability of a perpetrator for a criminal act is guilt, which in certain circumstances may be excluded. Culpability does not occur inter alia in situations where the state of mind of the perpetrator shows some deficiency. A Polish legislator provides three sources of insanity: mental illness, mental retardation, and other mental disturbance activities. Two psychological criteria of the very state are also defined, which at the same time are the consequences of the above-mentioned sources: inability to recognize the significance of the act and inability to manage its conduct. Conclusions The issue of insanity requires effective combination of complex and suitable legal structures, current medical knowledge, and interest of an individual and society. For the effective and accurate regulations of the issue of insanity and well-functioning practice, a dialog between the two professions is required. Specifying the term of insanity is the responsibility of physicians, since its clarification on the basis of current legal status is unreasonable and inadequate due to the fact that its extent is each time determined by the current medical knowledge.

The viaduct In Calabria as an example of innovative solutions in construction of transport infrastructure

The current legal regulations in the EU and in the world force us to seek new solutions in design and construction of transport infrastructure structure-solutions which comply with the environmental protection rules while being economically justified. The article includes an analysis of innovative solutions in design and construction of transport infrastructure structures in the world using as an example the plans of reconstruction and modernization of a viaduct along A3 highway in Calabria(Italy).

Project Management Practiced in Public Project Stream of Bosnia and Herzegovina

This paper will show the results of research PM in construction industry of Bosnia and Herzegovina. The project management in B&H is not accepted and acknowledged widely within this industry, primarily due to the current legal regulations. Construction companies in B&H are not at an enviable stage of project management in both building and civil engineering sectors. The research results point *out that there is a noticeable difference in human interaction and the application of project management techniques, depending on the company. Without increasing the involvement and the implementation of programmed computer software for this purpose, PM cannot be present in B&H.

Legal Regulation of Land Reclamation in China's Coastal Areas

China's national marine development strategy acknowledges that land reclamation problems cannot be avoided. Land reclamation has increased rapidly, leading to many risks—as regards resources, the environment, and social concerns. China needs to implement measures to control these risks. Analysis of current legal regulations on land reclamation reveals paradoxes of legislation at the national level and varying regional legal practices; there is a shortage of effective and coordinated land reclamation regulations in China. Analysis of the factors that affect land reclamation shows that regulation plays a central role in managing land reclamation. And, through an analysis of the deficiencies in existing legislation and by learning from the experience of other countries, we can propose a direction for China's land reclamation legislation. Such reforms could effectively protect China's marine resources, avoid environmental and societal risks, and contribute to coastline protection.

Application of Nutritional Marketing Tools in Press Advertisements

In chosen periodicals of the food industry and so-called “women’s press,” food advertisements containing nutritional marketing messages were analysed. The frequency and type of these tools was observed and scientific value and correctness was evaluated. The study results show that most of the advertisements do not comply with current legal regulations. Producers often emphasize the presence of ingredients which are recommended from the nutritional point of view although the product’s overall nutritional value is low or controversial.

Selected Indicators of the National Distribution System Dependability

The article discusses a significant problem, which is the analysis of the dependability of the national distribution system. The distribution of selected failure rates was analysed in two perspectives: dependability analysis at the local utility company level, and for the distribution power system. In the first part of the paper failure rates are analysed for five domestic utility companies. The second part presents an analysis of the distribution of SAIDI, SAIFI and MAIFI indicators for domestic distribution system operators in 2007–2012. DOI: 10.12736/issn.2300-3022.2013403 Introduction A power system (SEE) is one of the most important engineering systems developed and operated by man. The SEE primary role is reliable delivery of demanded electricity with the required quality to each customer. In market conditions the SEE operation and further development requires the assurance of quality energy supply to consumers in a commercially reasonable manner. The quality of electric power supply consists of: quality of supplied electricity, dependability of supply, and quality of customer service. The quality of supplied electricity and dependability of the supply is essentially determined by the SEE dependability [1]. Dependability of the entire SEE consists of the operability degrees of individual system components responsible for electricity generation, transmission and distribution to customers. Unfortunately, in general, the importance and role of individual SEE elements is visible only at the time when they do not perform their functions properly, for example when there is no electricity supply caused by a failure. Unexpected depriving consumers of electricity supply may cause serious damage to property, and constitute a threat to people and equipment. Precise and unambiguous definition of dependability measures for each group of power equipment enables the identification of critical SEE items. This knowledge enables SEE performance improvement by way of upgrading the most failure-prone items, or use of newer technologies, thereby raising the dependability level of the entire SEE. Pursuant to current legal regulations, the domestic distribution system operators (DSOs) are responsible for the level of electricity supply dependability. The ongoing changes in the energy sector can be seen both in terms of changes in the ways of organizing its operations, as well as of a search for the best ways to improve the existing grid infrastructure’s performance. Not without significance is the current issue of the SEE implementation based on Smart Grid premises. The dependability indicators most frequently determined for power distribution systems include: number of shutdowns in a certain period of time, total duration of interruptions in the supply of electricity in a specified time period, number of faulty equipment items (in each group), and SAIFI, SAIDI and MAIFI indicators widely used in international practice. A very important problem encountered in the determination of grid dependability indicators is the lack of available data, due to the general absence of dependability services in utilities (ZE). Analyzing network failure, one should also be aware that this data is collected in a hierarchical manner, i.e. from individual energy districts (RE) to ZE headquarters, and then to the respective DSO branches. Typically only the averages of received dependability data are disclosed in reference publications. The lack of details of this data’s distribution between individual ZE utility companies does not allow for a complete analysis of the issue. This paper discusses the analysis of selected failure rates in two perspectives: dependability analysis as seen from the local utility company level, and for the entire domestic distribution power system. In the first part of the paper failure rates are analysed for five ZE utility companies operated by domestic DSOs. The second part presents an analysis of SAIDI, SAIFI and MAIFI indicators developed for the national distribution system on the basis of data posted on DSO websites in 2007–2012. Selected standards and legislation concerning the dependability One of the documents explaining notions related to dependability issues is PN-N-50191 93 standard “Glossary of electrical M. Kornatka | Acta Energetica 4/17 (2013) | 27–32

Failures of Corporate Governance in Housing Cooperatives – Case Study

Purpose: The purpose of this paper is a discussion and in-depth analysis of the legal and organizational circumstances associated with the activities of Supervisory Boards in housing cooperatives. Methodology: A critical analysis of the existing legislation, own analytical analysis of the source documents, supplemented by conclusions and observations formulated on the basis of a case study, for the preparation of which information has been used obtained from primary sources in the form of documents of the analyzed housing cooperative and information obtained through participant observation. Findings: What has a decisive impact on the mechanisms of corporate governance in housing cooperatives are the direct behaviors of Supervisory Board members, as well as the lack of awareness and involvement of the residents, who do not want to actively participate in the life of the cooperative. A diagnosis is presented of the most important factors that infl uence the actual operations of the analyzed Supervisory Board. While the current legal regulations make it possible to ensure effective and proper control as well as adequate supervision over the activities of cooperatives. Originality: The paper enriches the theory of management sciences in terms of a wider perception of the term corporate governance in relation to other organizations than companies. The presented methodological approach that is the basis for a comprehensive and thorough inspection of the activities of the Management Board can be used in other cooperatives as well. In the literature on the subject no similar analysis, supported by the results of own analytical research, had been found.