Professional Deontology Research Articles

Rola radcy prawnego jako obrońcy z wyboru w postępowaniu przygotowawczym

The role of attorney-at-law as defense counsel of choice in pre-trial proceedings This article aims to present selected issues related to the participation of an attorney-at-law in pre-trial proceedings in criminal cases as a defense counsel of choice (excluding offense cases, fiscal offenses and fiscal crimes), taking into account the relevant rights and obligations of attorneys-at-law in connection with the provision of legal assistance set by the regulations of the Act on Attorneys-at-Law, the Polish Code of Criminal Procedure, as well as rules of professional deontology, particularly the Code of Ethics for Attorneys-at-Law.

Study Regarding the Observance of the Norms of Ethics and Professional Deontology within the “Henri Coandă” Air Force Academy in Brasov

The present study aims to apply a questionnaire to the students of the Air Force Academy "Henri Coandă", in Brasov, with the main objective
 of researching the students' perceptions regarding the ethical and academic rules in Physical Education classes. A number of 100 students were interviewed and answered 15 items concerning the main aspects related to the operational framework in which specific activities were carried out in Physical Education classes.

Morality, ethics, and professional deontology: non-traditional sources of medico-pharmaceutical law

Introduction. Moral, ethical, and professional deontological rules have a substantial impact on the social relations of legal regulation regarding liability for abuses and violations of citizens’ rights – people taking medication – patients as part of the health care system. The identification of the place and role of moral norms, ethics, and professional deontology, their quality as specific non-traditional primary sources in the development of the health care system, and the sub-branch of pharmaceutical law in the Republic of Moldova were the focus of the present study. Material and methods. The secondary descriptive synthesis study of normative-legal acts as primary specific non-traditional sources, viewed through the lens of the protection of the rights of the consumer of medicines, the patient – the ultimate beneficiary of the social relations in the field of health care – spanned the years 1991 to 2021. The most relevant sources subject to analysis are the Constitution of the Republic of Moldova, the Code of Ethics for doctors and pharmacists in the Republic of Moldova, laws, and sub-legislative acts, etc. The study is based on the use of several recognized techniques and methods of analysis: systemic approach, synthesis, logical-legal deduction, content and comparative analysis, etc. Results. Both the literature and recognized authors state that respect for moral, ethical, bioethical, and professional deontological norms in the field of health care has always been highly appreciated in society, which has led to the recognition of the nobility of medical and pharmaceutical activity. The results presented in this paper have made it possible to highlight aspects that recommend that the investigation of the role of legal regulation in medical and pharmaceutical activities also question the place and role of moral, ethical, and bioethical norms, as they generally have the same thematic orientation and influence on law, legislation, the practice of applying the law, and vice versa. Conclusions. The accomplished study allowed the identification of the dialectical and organic unity between moral, ethical, bioethical, and deontological sources with the rules of law - the moral-legal foundation of medico-pharmaceutical law. The consolidation of legal and moral norms demonstrates the structuring of the sub-branch of medico-pharmaceutical law. The analysis of the normative-legal acts in the Republic of Moldova confirms both the functionality of the „moral-ethics-deontology-law” system and the importance given to the protection of the rights of the consumer of medicines, the patient, as the ultimate beneficiary of social relations in the field of health care.

DEONTOLOGICAL ASPECTS OF RESEARCH ACTIVITIES OF HIGHER EDUCATION STUDENTS MAJORING IN THE FIELD OF HEALTH CARE

In the article, taking into account the deontological aspects of the educational process of students of higher education in the field of health care, the peculiarities of the organization and samples of research activities of students of the Poltava State Medical University are considered; the expediency of using non-auditory forms of scientific work is justified on the example of the functioning of the student scientific society as a necessary component of the process of forming future doctors’ professional competence for self-development and self-realization. The main principles of medical deontology are systematized, which takes into account three types of norms: moral as the object of studying professional ethics; deontological, transmitted orally and manifested in communication and relationships; legal ones, which allow to form the professional competence of the students based on the logical right of doctors to professional dignity and honor and contain normative principles of the doctor’s behavior.
 The indisputable principles of scientific research activity of future specialists in the field of health care are defined as the deontological orientation of knowledge, the objectivity of scientific position, which ensures universal significance of science conclusions; the responsibility of young scientists who develop mathematical models of diseases and determine treatment methods together with the doctor; taking into account the general and the individual in the creativity of the scientific team; the impossibility of opposing technology and technical progress to medical thinking, experience, and personal qualities.
 Conclusions have been made regarding the fact that the most crucial deontological quality of a future doctor-researcher is a set of appropriate moral norms determined by professional activity, a caring attitude towards the patient and high professionalism, the desire to constantly improve one’s own professional qualifications and scientific literacy; that medical deontology in the process of scientific research activity of future healthcare professionals is expressed in the scientific and ethical potential, in the need for self-improvement in the conditions of further professional activity. In the perspectives of the research, there is a review of the deontological aspects of the scientific and research activity of higher education students in the field of health care with the aim of a comprehensive approach to the integration of scientific and practical medicine, and professional deontology.

Spory o błąd medyczny – analiza wykorzystania dowodów z procesów dyscyplinarnych lekarzy w procesach odszkodowawczych

The article presents the principles of practicing the medical profession, which are based not only on compliance with the law, but also have their basis in professional deontology. It should be assumed that one of the most important principles that a physician should never forget at every stage of his or her professional activity is the principle of due diligence. This issue of medical due diligence is assessed by both medical and civil courts. The study indicates the legal and actual possibilities of using evidence from proceedings before a medical court in a civil trial for a medical error. The following evidence was analyzed: medical records, expert opinion, and judgments issued by other courts.

Professional Duties

Competences should be considered as a part of the cognitive-behavioural adaptive capacity that is inherent to the human being, which are deployed to respond to specific needs autonomously and to be able to collaborate in a professional environment. Therefore, scientific education must be associated with moral education. Professional deontology is an applied ethic that implies a code of conduct, which determines the minimum duties required of the professions in the development of their activity

Development of professional deontology in the conditions of technogenic, digital society.

Development of professional deontology in the conditions of technogenic, digital society.

Rola radców prawnych w sygnalizacji naruszenia prawa

The role of attorneys-at-law in whistleblowing The article discusses the role of attorneys-at-law in the whistleblowing system in connection with the implementation of EU Directive 2019/1937 on the protection of persons who report breaches of Union law into the Polish legal order. The article provides an assessment of the proposed provisions regarding attorneys-at-law and points out the need for their necessary amendments. It also conducts a determination of whether and to what extent there is a need to specify the rules of professional deontology of attorneys-at-law in connection with their various activities related to the issue of whistleblowing.

Código de Conduta da Sociedade Brasileira de Nefrologia: uma análise bioética

Introduction:Professional deontology can be defined as a set of principles, values and rules of conduct to be applied in the exercise of functions and inherent to a given profession. Nephrology was one of the medical specialties most affected by the mismatch between the accelerated technological development and the ethical dilemmas resulting from it. Recently, the Brazilian Society of Nephrology (SBN) edited its code of conduct, which until then did not exist.Method:Qualitative study with content analysis of the chapters and articles of the SBN Code of Conduct, from the perspective of principlism bioethics.Results:The four moral principles of beneficence, non-maleficence, autonomy and justice were found asymmetrically throughout the document, with beneficence predominating over the others.Discussion:The SBN Code of Conduct predominantly expresses the ethical duties that an associate must comply with, but also restrictions on malfeasance, autonomy and justice, anchoring decision-making by managers and including the distribution of possible punishments. It is an unfinished document; therefore, it must be periodically revised, as expected, due to the rapid technological changes, as well as the need for constructive moderation in the relations of nephrologists with each other and, between them, with the Industry, as well as all the ethical consequences arising from these factors.

Bioethics Education on Medical Students: Opinions About Ethical Dilemmas

Medical education aims to train professionals who are capable of making extremely complex decisions. As part of the medical curriculum, bioethics education could have an important role in promoting moral development and decision-making in medical students. This study aims to determine if, after a Bioethics and Professional Deontology course, medical students would present a change of opinion on three ethical dilemmas. A quantitative and longitudinal study was developed by applying the MCTxt (Moral Competence Test extended), composed of three ethical dilemmas (Worker, doctor, and judge dilemmas), to a sample of 70, fourth year medical students, from a Portuguese medical school. The questionnaire was applied at the beginning and end of a bioethics course, with a 3 month time interval. For this study the opinion scores were analyzed and described using the mean and standard deviation. The comparison of these scores, at both times, were performed using t-tests for paired samples. A significance level of 5% was used. For students who were neutral in the first application, the majority went on to agree or disagree with the performance of the dilemma character, ultimately showing less indecision at the end of bioethics course. The results suggest that, after the bioethics course, students have lower indecision, however the changes were very tenuous. Bioethics education is important to promote more opportunities for reflection and discussion, to stimulate critical judgment, and the ability to make decisions by medical students. Further research could help to better understand this subject.

Professional responsibility of coaches

Abstract. This paper wants to make available to those interested, namely people working in the field of physical education and sport, not exclusively coaches, the knowledge necessary to acquire a specialised legal culture, which is indispensable for the responsible development of coaches’ duties at the workplace and outside. It is increasingly obvious that familiarisation with the set of rights and freedoms offered to sport professionals, already considered by the Romanian Civil Code, is a first step towards normality, which mainly consists, in our opinion, in initiating an approach to enact laws in the field. It will be taken into account that the topicality of this paper “depends” on the positive law in the matter, and we refer here to the regulations regarding the deontology of the coaching profession, whose non-violation can partially provide us with the basics of practising clean sports. The legal and legislative factors should consider the management of the institutions in charge of physical education and sport as very important. The training of “sports workers” as well as the management of specialised structures in a society undergoing an intense process of transformation, with a development perspective, requires a kind of training that includes modern general culture and specific knowledge but also legal training. It has to be able to bring about changes in the way of approaching physical education and sport. The considerations regarding the stated topic compel us to support the need to assimilate knowledge regarding the professional deontology, with special regard to the legal culture as an integral and mandatory part in the training of sports coaches.

The causal tree of didactogeny. Branch RES

By the way it is presented, the repulsive educational style brings undeniable damage to the teaching-learning process, strongly affecting the whole construction of this process, but especially the segment that covers the relationship between teacher and students. Having the ability to impose itself differently - as something reminiscent of an authoritarian or nomothetic behavioral line, distant or impulsive, ultra-reactive or strict, oscillating or detached –, the given educational style contradicts the rights and duties of the teaching profession. As a result, the school environment is crumbling, ceasing to provide an appropriate environment for multilateral and harmonious development of the student or an area in which the professional competence of the teacher enters into a relationship of complementarity with the development peculiarities of the student. Moreover, through the conflicting energies it obviously contributes to the establishment of didactogeny. Or, as it has been mentioned more than once in various specialty sources, if the educational style does not resonate with the rights and duties of the teacher profession, didactogeny is predetermined to become a reality, a state of affairs that must be associated with major mistakes from the area of the teaching-learning process or, in other words, with the greatest deviations from what the professional deontology of the teaching personnel means.

The springs of didactogeny. The repulsive educational style

By the way it presents itself, the repulsive educational style brings indisputable prejudices to the teachinglearning process, strongly affecting the entire construction of this process, especially the segment that covers the relationship between the teacher and the students. Having the ability to impose itself differently – as something reminiscent of an authoritarian or nomothetic behavioral, distant or impulsive, ultra-reactive or strict, oscillating or detached – the educational style in question is characterized by the fact that it contradicts the rights and duties incumbent on the position of a teacher. In his presence, the school environment collapses, ceasing to present a „suitable environment in which essential connections can be created for the multilateral and harmonious development of the student” or a „space in which the professional competence of the teacher is complementary to the developmental particularities of the student”. Moreover, through the conflicting energies he releases, he distorts the meaning of the teaching profession, obviously contributing to the establishment of didactogeny. Or, as it has been mentioned more than once, in various specialty sources, if the educational style does not resonate with the rights and duties of the pedagogical profession, the didactogeny is predetermined, simply, to become a reality, a state in fact, which must be associated with the big mistakes in the area of the teaching–learning process or, in other words, with the big deviations from what the professional deontology of the teacher means.

ЖИТТЄВИЙ ШЛЯХ, НАУКОВО-ПЕДАГОГІЧНА ТА ГРОМАДСЬКА ДІЯЛЬНІСТЬ ВОЛОДИМИРА ГАВРИЛОВИЧА СОКУРЕНКА (ДО 100-РІЧЧЯ ВІД ДНЯ НАРОДЖЕННЯ)

ЖИТТЄВИЙ ШЛЯХ, НАУКОВО-ПЕДАГОГІЧНА ТА ГРОМАДСЬКА ДІЯЛЬНІСТЬ ВОЛОДИМИРА ГАВРИЛОВИЧА СОКУРЕНКА (ДО 100-РІЧЧЯ ВІД ДНЯ НАРОДЖЕННЯ)

Proceedings Before the Supreme Pharmaceutical Court Concerning Infringement of the Rules of Professional Ethics of a Pharmacist

Members of the pharmacists’ self-government can be held liable before pharmaceutical courts for conduct breaching the rules of professional ethics and deontology, and infringing legal regulations concerning the practice of the pharmacist’s profession. Thus, the basis of professional responsibility of pharmacists is generally similar to the rules of professional liability of doctors, nurses, and midwives. Nevertheless, certain significant differences can be noticed in the course of the proceedings. Such a difference occurs in the proceedings before the Supreme Pharmaceutical Court. The professional group of pharmacists cannot be indifferent to punishable acts because this would imply tacit consent to breach of legal provisions regulating the professional practice and the rules of professional ethics and deontology set forth in the Code of Ethics of the Polish Pharmacist. Therefore, it is crucial that pharmacists, who practise a profession of public trust, should take care of the appropriate status of their occupation in order to conduct properly their mission of serving the society.

ЩОДО ПИТАННЯ ПЕРЕВІРКИ ДІЄВОСТІ ЗАСТОСУВАННЯ МІЖДИСЦИПЛІНАРНОГО ПІДХОДУ ПІД ЧАС ПІДГОТОВКИ МАГІСТРІВ ГРОМАДСЬКОГО ЗДОРОВ’Я

The expediency of conducting research and experimental work at the stage of identifying opportunities to improve the educational process in training future public health professionals on the basis of interdisciplinary integration is substantiated. The article is devoted to the role of experimental pedagogical research as a means of testing the effectiveness of interdisciplinary integration in the training of future public health professionals. It is generalized that the issue of professional training of future specialists in the specialty «Public Health» in the pedagogical literature is considered as a component of professional self-determination and professional development in the context of the study of professional self-awareness. It is proved that the interdisciplinary integration in the training of future public health professionals is an integrated component that combines individual and personal features (awareness of the choice of profession, completeness and strength of knowledge in the chosen profession, the formation of professionally significant and empathetic qualities). It is socially oriented and oriented at building relationships and positioning oneself in the team, develops the ability to make decisions independently and take responsibility as well as personality characteristics; it implies the presence of strong beliefs in the values of the profession of public health specialist for the design of their own subjective deontological position in the work connected with their specialty. It is substantiated that the professional training of future medical professionals on the basis of interdisciplinary integration involves creating conditions for identifying personal and social experience of students with the profession and the professional community, is a process of mastering normative professional requirements that allow them to adequately perceive medical reality, as well as to develop professionally expedient strategies and tactics, tasks and plans of professional activity, to consciously regulate one’s own behavior within the established professional and normative imperatives. It was found that the professional training of future public health professionals on the basis of interdisciplinary integration is characterized by the presence of future professionals with a set of knowledge that reflects the substantive essence of intellectual, ideological and moral values; the ability to predict and design the process of professional activity taking into account its specifics in interaction with colleagues and patients and is determined by the content of professional medical ethics and deontology, ethical and moral imperatives and professional and ethical ideals and values of public health. The peculiarities of the formation of professional training of future public health specialists on the basis of interdisciplinary integration are studied.

Ageing and ethical challenges in physiotherapy: application of the RIPS model in ethical decision-making

The population aging and consequent epidemiological changes in elderly population create new challenges for physiotherapists’ intervention and their decision-making process [1]. Ethical issues are ...

Veterinary surgeons’ legal obligations in sales-related animal health status examinations

The article presents, interprets, analyzes and examines legal obligations of veterinary surgeons who conduct animal examinations, issue decisions on animal health, and prepare opinions in connection with the contract of sale. It examines responsibilities originating from various sources and forming a complex system of relationships. A veterinary surgeon has numerous obligations in the field of civil law (including general civilian rules and norms of the law of obligations) and corporate law (including ethics and professional deontology). Moreover, he also has specific documentation, information, and explanatory duties closely related to the contract. The liability threshold of a veterinary surgeon is very low, which applies in particular to the mixed contract discussed here (an obligation of due diligence in relation to examination and an obligation of result in relation to decision-making).

Ethics of a Public Administration Official in Poland: Prospects for the Development of Professional Deontology

The development of modern civilization associated with the digital revolution poses entirely new challenges in terms of ethics for public administration. Whereas practical ethical instruments in the form of codes of best practice have already been developed for the profession of a lawyer or a doctor, the internal diversification of the profession of a public official (public authority officials, territorial self-government officials) as well as the transformation of public administration have not been conducive to the development of appropriate ethical standards. The author aims at providing an answer to the following question: on which axiological foundation should the code of a public official be based? On the one hand, historical background seems to be providing a definite answer, on the other, however, current depreciation of the profession of a public official as well as technological progress shed a new light on ethical reflections. Models used in public administration until now, i.e. the model of ideal bureaucracy, the accountability model, and the new public manager model, have not proven to be effective. Nevertheless, according to the author, the organizational culture within the frame of the good governance model constitutes a unique solution which can prove successful in public administration. At this point, the process of restitution of public officials’ ethos can be a relevant factor. It is so especially due to the fact that public officials’ ethos embodies a development area for educating professional public officials and constitutes a premise for a good functioning of public administration at the same time. Enumerating the drivers of growth for the public officials’ ethos in connection with a unique idea of the code of best practice based on the triad of integrity, benevolence, and accountability constitutes an axiological suggestion which is noteworthy for the deontology of the profession of a public official.

Comunicación y abogacía. Análisis de las relaciones con los públicos en los despachos de abogados

In this article, we will initially review the current scenario regarding the use of new technologies by law firms, to later analyze what is the subjective view that large law firms in Spain have about the adoption of the new technological tools in their professional activity, especially in terms of communication with clients, and if they respect the existing ethical standards regarding advertising. To do this, we have developed a survey model covering the key aspects in the matter, sent to the 70 most important law firms in Spain, obtaining as a result that the use of the new tools is already a reality in issues such as document management, use of web pages or that of social networks, but not yet in other sections such as the use of Artificial Intelligence or Big Data. As far as respecting ethical standards is concerned, the opinion of the offices is that these are respected, although it can be inferred from some answers that this is not entirely the case. The development of this research is not without complications, since lawyers have traditionally been a very closed and hermetic union, reluctant to show their working methods and, even more, to vary it through the use of new tools. On the other hand, determining the sample has not been easy either, since large law firms normally operate through multiple companies, which makes it extremely difficult to discern the total turnover of each of them, beyond of the official figures that appear in the commercial registers. This is due, among other factors, to the anachronistic idea that a lawyer does not need anything more than codes and a text editor to carry out his work, since, on the other hand, communication with clients is considered as a residual aspect. That said, it should be noted that, despite all this, we have found a very high predisposition to participate in the present study, and that the responses obtained have generally been very direct and concise, without trying to avoid questions such as that of respect for professional deontology. On the negative side, perhaps we have noticed that there is a worrying degree of ignorance regarding the technological tools available for practicing the legal profession, which contrasts strongly with the existing panorama in the Anglo-Saxon market, in which the use of Big Data and Artificial Intelligence are not only an available option, but they have become essential tools and the most valuable allies when it comes to undertaking judicial strategies or communicating with their audiences. This ignorance is not about isolated cases, but, on occasions, its Communication Directors or similar figures, who consider that tools as old as SMS or telephone calls are “new communication tools”. Another surprising aspect is the treatment and importance that these macro-companies make of an aspect as important as communication, surprising that on many occasions, they do not have a specific person responsible for these tasks, being frequent that these are carried out by lawyers, partners or heads of other departments.