Local Legal Regulations Research Articles

Корпоративное и локальное правовое регулирование

Корпоративное и локальное правовое регулирование

Managing Medical Emergencies in Hungarian Pharmacies

To amass a body of knowledge for managing emergency situations in pharmacies, we surveyed the occurrence and nature of medical problems in Hungarian pharmacies. The occurrence of real or suspected emergencies in pharmacies was markedly different and varied from 1–52 per year, with five cases per year on average. The most frequent problems were bleeding (69%) and dizziness (55%), but other more serious problems (allergic reaction (32%), collapse (23%), and chest pain (25%)) also occurred. Sometimes more than one symptom was reported by a patient. People appear to consider pharmacies to be an appropriate site for receiving first aid for minor ailments, including common medical problems (e.g., fever (12%)). Unfortunately, the range of interventions was very limited because of local legal regulations and the lack of appropriate guidelines for emergencies in pharmacies. The most frequent interventions were wound treatment, control of bleeding (78%), alleviation of anxiety (68%), and providing patients with a glass of water (55%). Very often, more than one intervention was reported for the same case. Whereas 76.3% of pharmacists provided interventions only for adults, 21% of pharmacists provided interventions for all types of patients (adults, co-workers in pharmacies, and children). Pharmacists appeared to be reluctant to treat children, owing to the special issues related to pediatrics. This poor range of intervention should encourage responsible officials to develop guidelines for pharmacists to ensure pharmacists’ familiarity with the appropriate interventions in emergency situations. Such knowledge could also provide a good basis for preparing pharmacists to perform vaccinations in the future. The pharmacists had a positive attitude toward providing first aid, and 88% of respondents requested more postgraduate education on medical first aid issues.

LOCAL REGULATION AS A COMPONENT OF LEGAL REGULATION OF LABOR AND DIRECTLY RELATED RELATIONSHIPS

The article covers the issues of local regulation as a component of legal regulation of labor and directly related relations. The author argues that the regulation of employment relations at the enterprise can be carried out either individually, in relation to a particular person or employee, or collectively, to all employees or employees of the enterprise or their specific groups. Individual regulation cannot be identified with local legal regulation because of its lack of normative character, even if organizational and legal forms characteristic of local legal regulation are used. The article justifies the idea that local norms do not belong to the number of norms established by the state, they are established directly at enterprises, institutions, organizations, with the participation of labor collectives and trade unions and do not go beyond the general sphere of legal regulation.The author analyzes the provisions of the doctrine of labor law and finds out that local norms organically enter into the legal institutions and branches of national law that determine the status of subjects of labor relations. Local regulation of relations at the enterprise, institution, organization is an integral and important component of the legal regulation of labor and directly related relationships. Relations aimed at limiting the legal status of employees cannot be regulated locally. The author emphasizes that local norms cannot establish new types of legal liability. Local norms reflect typical, widespread, stable employment relationships. They are closer to actual labor relations and are primary in origin in the hierarchy of regulations. Local legal norms should be considered not only as an auxiliary element of centralized regulation, but also as the most important backbone of the development of local rulemaking.

Rio Seco, One of the First Freezer Plants of Chilean Patagonia. An Unknown Industrial Site in Magallanes

During recent years, the valorization of architectural heritage has been an important subject of national debate in Chilean society. After decades of neglect, local heritage is achieving an important role in the country. In recent years, local legal regulations are evolving in order to guarantee a better heritage conservation. Even if listed heritage is increasing year by year in Chile, there are still several cultural sites not yet detected and studied. The present article exposes the main results of an historical research, related to the Freezer Plant of Río Seco, an historical industrial site located in Patagonia, at Río Seco district, near the city of Punta Arenas, in the South region of Chile, Magallanes. This site is not yet listed as heritage, even if it presents highly potential to be officially recognized. The Freezer Plant of Río Seco, was one of the first industries of its type in Magallanes Region. This plant was built in the beginning of the 20th century, founded by a British company operating in Chile at that time. This company was called The South American Export Syndicate, and it was conformed at London, England, in 1903. The industry of Río Seco processed sheep meat, for international export. When sheep breeding was successfully introduced in this Chilean region, exceeding internal consumption, different freezer plants were established in this territory. Río Seco was one of the first industries of this type. With the incipient technology of that time, frozen meet could last long periods of time, and reach far destinations in different continents by ship, as Europe and North America, starting from the plant’s port at Chilean Patagonia.The installation of this Freezer Plant, started the conformation of a whole town, called Río Seco, where housing, and urban services were provided directly by the company to local workers. Due to its conformation and connections to the economic and urban history of Magallanes Region, this site can be considered as Chilean industrial heritage, with highly cultural interest. In spite of its historical value, the industrial site of Río Seco is not yet listed as national heritage. In recent decades, its decay has go on progressively. Spread the cultural relevance of this Freezer Plant and its history, could motivate its safeguard, and future conservation.

Functions of Local Legal Regulation Labor Payments

Problem setting. The question of functions in the legal doctrine attracts the attention of scientists for a long time. At the same time, it is safe to state that the functions are inherent in any legal phenomena. Today, despite widespread research in the field of wages, the issue of local regulation of wage labor lacks a proper level of coverage. We would like to emphasize that this problem not only has not lost its relevance, but in the conditions of radical economic reform in Ukraine is filled with new content. Analysis of resent researches and publications. With regard to the direct functions of legal regulation of remuneration, their research was undertaken by such scholars as L. I. Antonov, N. O. Brilliantov, S. S. Karinsky, R. I. Kondratiev, F. M. Leviant, A. I. Protsevsky, NB Bolotina, G.I. Chanysheva, V.M. Bozhko, Ya.V. Simutina, A.O. Gordeyuk, A.V. Gaevaya and others. However, the problems existing in this area, including in the area of remuneration, determine the relevance of the issue, and their scientific research is timely and practically necessary. Target of research The main idea of research functions of local regulation of wages is an attempt to build them in such a logical sequence, which will realize the transition from the most significant, which led to the development and adoption of local level legislation on wages, to the least significant in the implementation of the social orientation of local legal regulation of wages pay. Target of research The main idea of research functions of local regulation of wages is an attempt to build them in such a logical sequence, which will realize the transition from the most significant, which led to the development and adoption of local level legislation on wages, to the least significant in the implementation of the social orientation of local legal regulation of wages pay. Article’s main body. The history of local acts regulating labor remuneration reaches its roots back in the nineteenth century. It is this kind of acts that arose among the first on par with those that regulate the internal routine. The purpose of their development and adoption is to create a connecting link between the employer and the subject who carries out work activities. The main purpose of a local act is to ensure increased productivity through its objective assessment of labor and further stimulation. So, the primary function of local regulations governing wages is the function of an objective assessment at the last. Conclusions and prospects for the development. As you can see, the functions of local regulation of wages should emphasize the specifics of this phenomenon, to show the inherent properties of it. As a result of the study of social, economic, legal assignment of functions we can conclude that local regulation is most effective in solving wage issues. They are quite diverse and have peculiar features that distinguish them not only from the general legal, institutional, but also from the functions of local norms in general. The alternating increase in the influence of one or another function is due to the historical era, economic peculiarities of the actions of employers, within the competence of which the norms of local acts are adopted and implemented. Despite the lack of identity by the power of influence on regulated relationships, none of the functions considered can be separated from others, because each of them is logically linked to another and in many ways they determine the effectiveness of each other.

INVOLVEMENT OF SCHOOLS IN THE PROCESS OF PROTECTION FROM DOMESTIC VIOLENCE

Specific activities of the schools, functions and responsibilities delegated by national and international laws lead to an obligation to involve in some criminal proceedings for violence against children in close environment, for example reporting about domestic violence against children to competent authorities, providing them with the relevant data, etc. The aim of this work is to establish schools’ obligations relating to information about the possible violence against child in the near surrounding. The tasks were achieved using the following methods: method of analysis of scientific literature, a comparative analysis, method of systemic analysis, the traditional method of the analysis of documents. Additionally, the empiric method was used and deep one-on-one interview with the experts was implemented. The aim was to identify the approach towards the need of school's participation in criminal proceedings regarding violence in the near environment of the persons who are directly familiar with the examined problem. The analysis suggests that the duty to report is often performed defectively, and the application of legal liability for failure to comply with this obligation is ineffective. Different reasons lead to this situation both legal and non-legal: incomplete special legal regulation, lack of legal knowledge, psychological, social and other factors determined by specific activities of schools. Not inadequacy of the legal regulation but its inappropriate implementation is most problematic. Enforcing detailed national as well as schools' local legal regulation, training of all staff, application of special preventive programs, including special measures in to common practices, cooperating with competent institutions are the measures which could lead to the adequate performance of the obligations. Accordingly, schools have human and legal resources to involve in some criminal proceedings for domestic violence against children more actively, especially in reporting about cases of violence.

Поняття і юридична природа локального правового регулювання оплати праці

The article is devoted to the complex analysis of definitions in the field of local legal regulation of wages. Today, the important problem of perception of fundamental legal categories in the legislation is a lack of unambiguousness of terminology, in particular, the normative order does not establish a correlation of concepts such as "salary" and "wages". Improvement of legal regulation is impossible without a clear and unanimous interpretation of the legal categories that form the basis of this process. The legal definition defines favorable conditions for the same understanding and interpretation of normative legal acts, their proper implementation and application. In addition, the author focuses on the study of the legal nature of local legal regulation of wages.

ВЫРАЖЕНИЕ ТРЕБОВАНИЙ РАБОТОДАТЕЛЯ В ЛОКАЛЬНЫХ ПРАВОВЫХ НОРМАХ

ВЫРАЖЕНИЕ ТРЕБОВАНИЙ РАБОТОДАТЕЛЯ В ЛОКАЛЬНЫХ ПРАВОВЫХ НОРМАХ

National legal system in relation to vulnerable population groups

Vulnerable social groups can be recognized in everyday life, and local legal regulations identify them as well. Strategies and laws clearly identify the increased needs of vulnerable groups. Local legislation, for example, observes comparative law trends and attempts to prevent discrimination of persons with disabilities, emphasizes their human rights and creates the legal framework for taking these persons out of the institutional form of protection and including them into the community. In Serbia however, strategies and laws, as well as by-laws, are written in sectors, and not in cross-sectors manner. Proper caring for persons with disabilities, including persons with mental disabilities, requires an integral approach, namely a mutual approach of the social, health, educational and other sectors. True enough, local regulations stress the need for an intersectional approach, but such an approach is scantily applied in practice, so the comprehensive care that would satisfy the multiple needs of persons with mental disabilities often turns out to be less than expected in the community. Pursuant to national laws and basic ethic principals, all citizens of the Republic of Serbia have the right to health protection without discrimination. Therefore, methods for using health protection, easier than the existing ones, should be found for certain vulnerable groups, depending on their characteristics, and so for the Roma as well, and bearing in mind that systemic health regulations in Serbia open the door to special treatment of these groups. The inaccessible approach to health care of the Roma population persists primarily due to insufficient basic health documentation and basic personal documentation. Personal documents are linked with the registered place of residence, which the Roma, largely do not have. The problem is thus on a wider scale and is not only focused on the health sector. As such, it requires a wider, intersectional approach and a coordinated solution to the problem. In the field of palliative care of terminally ill persons, a solution is on the way to be reached through the Strategy for Palliative Care, by reorganizing the health system. The health system as it is cannot fulfill the needs of persons requiring palliative care. Coextensive systems enable establishing hospices as charity organizations in the non-governmental sector, mainly financed from donations. They represent a support to the health system in taking care of terminally ill patients. For now, our legal system does now allow non-governmental organizations to engage in health activities, although there were initiatives in that direction. To some extent, national regulations offer a basis for treatment of patients with rare illnesses, but without specifying their rights to a diagnosis or treatment and without more detailed regulations on the allocation of funds directed towards diagnosing rare illnesses and treatment of the ill. A lack of legal and financial prerequisites makes them subject to discrimination. The very fact that a large number of these patients are children makes them twice as endangered category of population. The legal system has recently started dealing with a regulation that would support persons suffering from rare illnesses, but the implementation of these provisions has still not completely become a reality. The Law on Health Care and Insurance defines children and women in their reproductive period as an especially vulnerable group. The Law on Rights to Healthcare for Children, Pregnant Women and Women on Maternity Leave, has recently been brought. The Law has been brought with an aim of ensuring rights to health care and transportation costs benefits for children, pregnant women and mothers during maternity leave, regardless of the basis on which they have health insurance. The reason for bringing such a law is noble, but the form of the legal act, which was supposed to realize the set goal, was overemphasized and contributed to the already existing over-norming of Serbian legislature. The legal basis for regulating this issue already existed in the umbrella health laws and should have been realized through by-law regulations.

Requirements for ethical justification of clinical trials

Conduction of the clinical trials on human subjects in order to gain data about efficiency and safety of the new drugs, medical devices and behavioral interventions is the essential part of the process of improvement in medical science. Yet, there are many potential risks of mistreat or abuse of the subject's legal rights and safety once they are involved in these trials. Determinations of generally accepted demands of ethical justification for clinical trials provide decrease of risks for subjects that undergo the clinical trials. After analyzing the content of the international and regional declarations, ethical guidelines and local legal regulations, author finds that basic ethical requirements for conduction of the clinical trials are: scientific and social values and scientific validity, risk benefit ratio, fair subject selection, voluntary informed consent, respect of the subject's personal rights and independent ethical comity review. In this work, author explains the purpose of these demands, determines their correlation and conclude that all of them stand in mutual connection and interrelation. Only cumulative fulfillment of all of the named requirements allows ethically acceptable approach to conduction of clinical trials with avoiding the exploitation and providing the fair and dissent environment for subjects with full respect to their legal rights and safety.