Professional Representation Research Articles

Профессиональное представительство как ограничение права юридического лица (корпорации) на судебную защиту

The relevance of the work is due to the need to analyze and comprehend the institution of professional judicial representation in the light of the implementation of the right of legal entities to judicial protection. The results of the work are presented in the form of theses on the restriction by the current arbitration procedural legislation of the corporation’s right to participate in court cases in the aspect of the principles of civil procedural law. The authors come to the conclusion about the need for more flexible legal regulation of the institution of judicial representation in order to ensure guarantees of access of legal entities to justice.

СТАДИИ ФОРМИРОВАНИЯ ПРОФЕССИОНАЛЬНОГО ЗНАНИЯ И ИХ РЕПРЕЗЕНТАЦИЯ В ТЕКСТЕ (на материале текстов нанотехнологий)

The article is devoted to one of complex problems in the sphere of cognitive linguistics, namely the problem of professional knowledge formation, which is considered as a complex process consisting of several stages. These stages are verbalized in texts. As a result, scientific notions are formed. They are closely connected with the notion of concept. The interest to this issue arises from the classical problem of the correlation between language and thinking when language is viewed as providing access to deep structures of consciousness. In this case, the elements of text and the ones of thinking are considered as interconnected. Professional knowledge functions in a professional discourse, which is understood as a verbally mediated professional activity and unites different levels of professional knowledge verbalization. These levels relate to the stages of knowledge conceptualization, the traces of which are found in texts. The author distinguishes four types of professional knowledge representation: content-related type, formal and content-related type, formal type and metaphorical type. This distinction is based on the general formula of derivation that describes the process of knowledge verbalization as the movement from a syntactically complex structure, conveying the meaning of a special notion, to a syntactically simple one, which only names the notion. Each type verbalizes pieces of meaning of a scientific concept in a different way. Knowledge formation in the newest branches of science presents a special research interest due to their integrative character. In the present study, the data for the analysis was compiled by means of texts from the sphere of nanotechnology. The tasks for the empirical analysis were intended to identify the stages of professional knowledge formation, the way they are presented verbally and systematized.

Nursing societies in Santa Catarina state (1975-2018).

to understand nursing representative entities' articulations and the influence on nursing. a qualitative study of a historical-social approach with a conceptual framework by nurse Denise Elvira Pires de Pires. With a historical profile from 1975 to 2018, five former presidents of Brazilian Nursing Association - Santa Catarina Section and Regional Nursing Board of Santa Catarina were interviewed. The methodology for understanding data was through Bardin's content analysis. the board structuring and performance generated changes in the relations between the two entities and debate about the role and power of representation of each one. There were periods of approach and removal, with consequences for professional representation effectiveness. nursing valuation and recognition as a profession in society has a strong influence on entities' performance that represent it. The union of them, politically or organizationally, is necessary and urgent.

An Occupational Perspective of Occupational Therapy and the Medical Hegemony System in Malaysia—Exploration for Further Research

Occupational Therapy is critically underdeveloped in many developing countries in Asia. There are many internal and external barriers to the growth of the profession, including lack of willpower and lack of professional representation in the government. This article aims to communicate the postulations for its stagnation across developing countries in Asia. An analytical reflection and historical review of the barriers to the growth of occupational therapy in Malaysia was conducted. Leaders in the field who met the inclusion criteria, collaborated to shape the reconstructions using an occupational reconstruction approach. The reconstruction guided key critical reflections on the roots of daily experiences to relive the cooperative action to problem solve the issues encountered by the profession in Malaysia. Medical hegemony was found as the active suppressor of the health professions, and can be seen as being beyond reproach in the Asian’s medical model that created occupational injustices. These occupational injustices hinder the growth of Occupational Therapy, do not serve the patients, science or the overall healthcare system. Autocratic governance has a debilitating impact on health sciences and its workforce especially around badly oppressed Asian countries. A greater systematic approach is needed to examine the extent, effect, problem solve and remediate the magnitude of injustices over the last decade—to make way for an inclusive and affordable care system.

Advanced Chronic Kidney Disease Units in Spain: a national survey on standards of structure, resources, results and patient safety

Background and ObjectiveRecently, the Advanced Chronic Kidney Disease Units (UERCA) have been developed in Spain to offer a better quality of life to patients with ACKD, improving their survival and reducing morbidity in this phase of the disease. Nowadays, there is not much evidence in the Spanish and international literature regarding the structure and how to achieve these objectives in the UERCA. From the ERCA working group of the Spanish Society of Nephrology (S.E.N.), this project is promoted to improve care for ERCA patients through the definition of quality standards for the operation of the UERCA. Material and MethodsAn initial proposal for quality standards concerning the operation of the UERCA was configured through consultation with the main sources of references and the advice of an expert working group through face-to-face and telematic meetings. Base on this initial proposal of standards, a survey was conducted and sent it via email to 121 nephrology specialist and nursing professionals with experience in Spanish UERCA to find out, among others, the suitability of each standards, that is, its mandatory nature or recommendation as standards. The access to the survey was allowed between July 16, 2018, until September 26, 2018. ResultsA total of 95 (78,5%) professionals participated out of the 121 who were invited to participate. Of these, 80 of the participants were nephrology specialists and 15 nursing professionals, obtaining a varied representation of professionals from the Spanish geography. After analyzing the opinions of these participants, the standards were defined to a total of 68, 37 of them (54,4%) mandatory and 31 of them (45,5%) recommended. Besides, it was observed that the volume of patients attended in the UERCA is usually above 100 patients, and the referral criteria is generally below 25–29 ml/min/ 1.73 m2 of glomerular filtration. ConclusionsThis work constitutes a first proposal of quality standards for the operation of UERCA in Spain. The definition of these standards has made it possible to establish the bases for the standardization of the organization of UERCAs, and to subsequently work on the configuration of a standards manual for the accreditation of ERCA Units.

Профессиональное представительство в российских судах: практика применения

The article reveals the exceptions to professional representation in court (the rules on the mandatory presence of a representative in the court of higher legal education or a degree in law). This requirement does not apply to patent attorneys in disputes related to the legal protection of intellectual property results and means of individualization, arbitration managers in the performance of their duties in a bankruptcy case. An exception to the General rule is also legal representation, representation of organizations by bodies of legal entities. However, the head of a representative office (branch) of a legal entity must submit to the court documents on higher legal education or academic degree in a legal specialty. An auditor or a member of the chamber of Commerce and industry must have a higher legal education or a degree in law in the case of representation in court.

The Fifth International Survey of Critical Care Nursing Organizations: Implications for Policy.

PurposeTo examine the activities, concerns, and expectations of critical care nurses and professional critical care nursing organizations worldwide.DesignA descriptive survey methodology was used. This study is the fifth worldwide quadrennial review of its type to monitor variations in critical care nursing needs and provide robust evidence to inform policy related to critical care nursing practice.MethodsThe fifth World Federation of Critical Care Nurses international survey of critical care nursing organizations was emailed to potential participants from countries with critical care nursing organizations or known critical care nurse leaders. Data were collected online. Responses were entered into SPSS version 23 software (IBM Corp., Armonk, NY, USA) and analyzed by geographical region and national wealth group.FindingsEighty‐two national representative respondents participated in the survey, of whom two thirds (n = 56, 68%) had an established critical care nursing organization in their country. The five most important issues identified were working conditions, teamwork, staffing levels, the need for formal practice guidelines and competencies, and wages. The top five critical care nursing organization services that were considered to be of most importance were professional representation, as well as provision of workshops and education forums, national conferences, practice standards and guidelines, and local conferences. The most important contributions expected from the World Federation of Critical Care Nurses were standards for clinical practice and professional practice, international conferences, professional representation, and study and education grants.ConclusionsThe results highlight priority areas for critical care nursing and reinforce the need to address factors that can inform critical care nursing policy and practice. Results of this survey should be incorporated into strategic action plans at the national and international levels.Clinical RelevanceNursing leaders, policymakers, and other interested stakeholders should consider these findings when planning critical care workforce requirements. Interested parties should work collaboratively to inform recommendations for further policy and action.

Unidades de Enfermedad Renal Crónica Avanzada en España: una encuesta nacional sobre los estándares de estructura, recursos, resultados y seguridad del paciente

Background and objectiveRecently, the Advanced Chronic Kidney Disease Units (UERCA, in Spanish) have been developed in Spain to offer a better quality of life to patients with advanced chronic kidney disease (ACKD), improving their survival and reducing morbidity in this phase of the disease. Nowadays, there is not much evidence in the Spanish and international literature regarding the structure and how to achieve these objectives in the UERCA. From the ERCA working group of the Spanish Society of Nephrology (SEN), this project is promoted to improve care for ERCA patients through the definition of quality standards for the operation of the UERCA. Material and methodsAn initial proposal for quality standards concerning the operation of the UERCA was configured through consultation with the main sources of references and the advice of an expert working group through face-to-face and telematic meetings. Base on this initial proposal of standards, a survey was conducted and sent it via email to 121 nephrology specialist and nursing professionals with experience in Spanish UERCA to find out, among others, the suitability of each standards, that is, its mandatory nature or recommendation as standards. The access to the survey was allowed between July 16th, 2018, until September 26th, 2018. ResultsA total of 95 (78.5%) professionals participated out of the 121 who were invited to participate. Of these, 80 of the participants were nephrology specialists and 15 nursing professionals, obtaining a varied representation of professionals from the Spanish geography. After analyzing the opinions of these participants, the standards were defined to a total of 68, 37 of them (54.4%) mandatory and 31 of them (45.5%) recommended. Besides, it was observed that the volume of patients attended in the UERCA is usually above 100 patients, and the referral criteria is generally below 25-29 mL/min/1.73 m2 of glomerular filtration. ConclusionsThis work constitutes a first proposal of quality standards for the operation of UERCA in Spain. The definition of these standards has made it possible to establish the bases for the standardization of the organization of UERCA, and to subsequently work on the configuration of a standards manual for the accreditation of ERCA Units.

A SWOT analysis of implementation of continuous professional development for medical doctors in Sri Lanka

Introduction: Continuous Professional Development (CPD) is “A continuing process, outside formal undergraduate and postgraduate training, that allows individual doctors to maintain and improve standards of medical practice through the development of knowledge, skills, attitudes, and behaviour. However, CPD is not popular for Sri Lankan health professionals. The aim of this article is to conduct a SWOT analysis aiming at formulation of implementation strategies of CPD for medical doctors in Sri Lanka. Methods: The root causes analysis on CPD was done using Ishikawa diagram aided by the literature. SWOT and TOWS matrix analysis was performed to identify the strengths, weaknesses, opportunities and threats using literature and formulated CPD implementation strategies. Results: Lack of financial incentives, CPD infrastructure and training programs by professional collages, remoteness of doctors from main education centres, lack of time for doctors, CPD being none compulsory by law have been identified as leading causes against CPD implementation. Availability of considerable fund allocation at Ministry of Health, good perception towards lifelong learning among doctors as strengths; availability of international jobs for doctors, SLMA initiative to establish island wide CPD, availability of funding agencies and political influence as opportunities were identified to overcome threat and weaknesses. Conclusion: The MOH should start a National CPD steering committee with a representation of SLMC, SLMA, all professional collages, Medical faculties, Provincial directors, institutional heads and representation of government medical officers association to ensure an implementation of compulsory CPD in Sri Lanka.

Child safety, protection, and safeguarding in the time of COVID-19 in Great Britain: Proposing a conceptual framework

BackgroundGreat Britain has the highest coronavirus death rate in Europe. While the pandemic clearly poses a risk to the lives and wellbeing of vulnerable groups, necessary public health measures taken to delay or limit the spread of the virus have led to distinctive challenges for prevention, family support, court processes, placement and alternative care. The pandemic has also come about at a time when statutory changes to partnerships have led to a reduction in the importance of educational professional representation in the new formulation in England and Wales. ObjectivesIn this discussion paper, we propose a novel and pragmatic conceptual framework during this challenging time. ParticipantsWe consulted with 8 education professionals and 4 field-based student social workers. SettingBodies responsible for safeguarding have been working quickly to develop new approaches to fulfilling their responsibilities, for example through online home visits and case conferences. However, some communities have been highlighted as experiencing particular challenges because of the pandemic and its impacts. Protection of vulnerable children is increasingly dependent on individualised - and often pathologising - practice with a lack of emphasis on the importance of the social. Holistic consideration of the child is side-lined. ResultsOur framework comprises two phases: pandemic and aspirational. ConclusionThe framework illuminates the importance of interconnected sectors and multi-agency working, the need for resilient and adaptable support systems, and the need to promote the importance of children’s rights and voices to be heard above the noise of the pandemic.

Risk stratified breast cancer screening: UK healthcare policy decision-making stakeholders\u2019 views on a low-risk breast screening pathway

BackgroundThere is international interest in risk-stratification of breast screening programmes to allow women at higher risk to benefit from more frequent screening and chemoprevention. Risk-stratification also identifies women at low-risk who could be screened less frequently, as the harms of breast screening may outweigh benefits for this group. The present research aimed to elicit the views of national healthcare policy decision-makers regarding implementation of less frequent screening intervals for women at low-risk.MethodsSeventeen professionals were purposively recruited to ensure relevant professional group representation directly or indirectly associated with the UK National Screening Committee and National Institute for Health and Care Excellence (NICE) clinical guidelines. Interviews were analysed using thematic analysis.ResultsThree themes are reported: (1) producing the evidence defining low-risk, describing requirements preceding implementation; (2) the impact of risk stratification on women is complicated, focusing on gaining acceptability from women; and (3) practically implementing a low-risk pathway, where feasibility questions are highlighted.ConclusionsOverall, national healthcare policy decision-makers appear to believe that risk-stratified breast screening is acceptable, in principle. It will however be essential to address key obstacles prior to implementation in national programmes.

The Orientation and Mobility Specialist and Braille: Point–Counter Point Arguments for and Against the Need for the Knowledge of Braille

Introduction: Few academic discussions are more contentious in the field of orientation and mobility than the notion of whether or not O&M specialists need to know braille. To help answer this question, we developed a survey. Methods: An online survey instrument was distributed through O&M electronic discussion groups. The survey included a demographic section, a section concerning the use of braille for instructional purposes, questions about the importance of braille in the training and certification of O&M specialists, the level of knowledge of braille required, and whether or not respondents considered braille an essential job function. Results: Most participants ( n = 108) believed or strongly believed that braille should be a separate course in personnel preparation programs and should be required for O&M personnel preparation programs accredited by the Association for Education and Rehabilitation of the Blind and Visually Impaired (AER). Slightly less than half (42%) of respondents believed or strongly believed that braille should be required for Academy for Certification of Vision Rehabilitation and Education Professionals (ACVREP) certification in O&M ( n = 80; 22 respondents were undecided). Discussion: The field of visual impairment (i.e., blindness or low vision) needs to examine closely the amount of time, number of personnel required, and financial cost of pursuing braille as a competency for O&M specialists. Personnel costs may include additional resources to assist ACVREP in changing its requirements to include braille and the revision of the examination to reflect this new requirement, universities in hiring faculty to develop new programs of study to include coursework involving braille, and AER’s Higher Education Accreditation Commission in changing the AER University Review Accreditation Curricular Standards: Orientation and Mobility Specialists. Implications for practitioners: This study provided a snapshot of what a group ( N = 189) of vision professionals believe regarding the importance of braille in O&M—141 of that group were certified in O&M; the remainder identified themselves as having multiple certifications. Further research is needed, especially including more representation of rehabilitation professionals, to obtain more input concerning this controversial topic.

Teachers as Zookeepers? How Picture Books Describe Classroom Management

Engaging the lens of classroom management, this research explores how teachers have been represented in children’s picture books as classroom managers. Picture books from the A-Zoo 7th Edition (2005) serve as a foundational data set to explore how the personification of teachers and the reality of the teaching experience are mirrored over time. Charteris’s heuristic of epistemological shudders (2014) —identifying a paradox which opens up possibilities for meaning making—was utilized alongside Krippendorff’s (1989) content analysis framework. Findings inform how the representation of teachers has portrayed a postmodern, deconstructive worldview regarding classroom management and professional representation, inviting further study into society’s ongoing perceptions of the teacher.

Teachers as Zookeepers? How Picture Books Describe Classroom Management

Engaging the lens of classroom management, this research explores how teachers have been represented in children’s picture books as classroom managers. Picture books from the A-Zoo 7th Edition (2005) serve as a foundational data set to explore how the personification of teachers and the reality of the teaching experience are mirrored over time. Charteris’s heuristic of epistemological shudders (2014) —identifying a paradox which opens up possibilities for meaning making—was utilized alongside Krippendorff’s (1989) content analysis framework. Findings inform how the representation of teachers has portrayed a postmodern, deconstructive worldview regarding classroom management and professional representation, inviting further study into society’s ongoing perceptions of the teacher.

Professional Portrait of History Teacher in Coordinates of Modern Russian Historical Education

Classical background, topics of schooling history in high school and university bring attention to the existence of global challenges of the 21st century common today. These calls necessitate the creation of new historical study from the younger contemporaries allowing to enter consciously the real world of the people living before and near it, able to analyze historical events, owning proper, commercial, socio-political knowledge, valuing cultural traditions of other people. In the article elements of a professional representation of the history teacher of the 21st century are discriminated from positions of modern historical and pedagogical approaches, it is determined that the main ways of development of professionalism are the scientific character of historical thinking of the teacher, development of individual style of teaching and participation in innovative activity. The practical value of results consists of the practical use of conscious need of the modern teacher of history for continuous professional self-improvement.

Cassation Attorneys in the Polish Civil Proceedings

The text presents selected issues concerning parties’ obligatory professional representation in Polish cassation proceedings. It depicts the present regulation against a historical and comparative background. As its shape kept evolving over the years, its premises have been regularly revisited in the course of a doctrinal discussion. In recent times especially one question came to prominence. It touches upon an idea to introduce a special group of legal representatives who would be endowed with an exclusive right to act in the proceedings before the Supreme Court. The text recreates historical background of this institution in the Polish law and juxtaposes it with the present state, taking into account the nature of cassation proceedings, as well as the prospects of introducing such a legal specialisation in the future.

Health professional’s social representation about ederly subject with mental health disorders: a pilot study on 790 health professionals

Objectives The objective of the present study was to identify the structure and content of the Social Representation (SR) of health professionals regarding elderly subjects with mental health disorders and compare the latter to the lay Social Representation identified in the literature. Method The structure and content of the SR of health professionals was examined in 790 careproviders from the ‘Grand Est’ region of France through the use of the free and hierarchical associations methodology of Abric and Vergés. A prototypical and categorical analysis as well as a similarity analysis and factorial correspondence analysis were applied to the results. Results Analysis of the collated data revealed that the items ‘chronic’, ‘dependent’, ‘behavior disorders’, ‘memory disorders’, ‘solitude’ and ‘social isolation’ were the characteristic components of the central core of the social representation. Discussion Only the peripheral elements were more sensitive to the field of practice of each profession. These findings thus highlight that the SR of health professionals is substantially identical to that of the all-comer SR on several dimensions.

Development of Elementary School Teacher's Professional Identity Scale: Validity and Reliability Studies of the Context of Constructing/Configuration of Professional Identity

Sınıf öğretmeni mesleki kimlik yapısı, öğretmenin bireysel ve sosyal öğeleri ile bunu yeniden inşasını sağlayan mesleki değerleri, inançları, duygularının karşılıklı etkileşimi sonucu oluşmaktadır. Sınıf öğretmenlerinin profesyonelleşme sürecinde mesleği içselleştirmesi ve temsil etmesi ile mesleki kimliğin yapılandırılması temel oluşturmaktadır. Bu çalışmanın amacı Sınıf öğretmenlerinin mesleki kimliklerinin oluşum/yapılandırma bağlamlarında bulunan karakteristik yapıları belirlemede kullanabilecek geçerli ve güvenilir bir ölçme aracı geliştirmektir. Sınıf öğretmeninin mesleki kimliğinin oluşum/yapılandırma bağlamını belirlemeye yönelik geliştirilen ölçeğin geçerlik ve güvenirlik çalışmalarında Çanakkale ilinde (merkez ve ilçeler dahil) görev yapan 381 sınıf öğretmenine uygulanarak ölçeğin açımlayıcı faktör analizi (AFA) yapılmıştır. Ölçekte yer alan maddelerin faktör yükleri. 331 ile. 822 arasında değişmektedir. AFA’dan elde edilen veriler ile, ölçeğin beş faktörlü yapıda olduğu ve bu beş faktörün toplam varyansın % 42. 332’sini açıkladığı görülmüştür. Ölçeğin bütünü için hesaplanan Cronbach Alpha güvenirlik katsayısı 0.64’dir. Ölçeğin doğrulayıcı faktör analizi (DFA) analizleri Çanakkale ilinde (merkez ve ilçeler dahil) görev yapan 447 sınıf öğretmenine uygulanarak yapılmıştır. Yapılan DFA sonucunda ki-kare uyum indeksi değerinin serbestlik derecesine oranının (x2/sd =3,41) olduğu görülmektedir. Bu değerin 5’den küçük olması modelin kabul edilebilir olduğunu göstermektedir. Yapılan DFA da ulaşılan değerler (RMSEA= 0.074) dikkate alındığında modelin iyi uyum verdiği söylenebilir. Modelde GFI=.85, AGFI=.82 CFI= .87 ve NFI= .85 olması uyum iyiliği değerlerinin kabul edilebilir değer aralığında olduğu sonucuna ulaşılmıştır. Sınıf öğretmeninin mesleki kimliğinin oluşum/yapılandırma bağlam ölçeği (sömkoybö) beş faktörlü, 5’li likert olarak derecelendirilmiş 27 maddelik olup geçerliği ve güvenirliği test edilmiştir.

The Role, Benefits, and Concerns of Digital Technology in the Family Justice System

Digitalization is increasing across family justice systems around the world. What are the benefits? What will be the impact on professional practice and legal representation? What are the concerns for those who may be digitally disadvantaged? How much can justice itself become digital?

SYSTEM PRODUCTS UK LTD v TRUSCOTT TERRACE HOLDINGS LLC

Abstract H1 Registered designs – Validity – Bottle shapes – Novelty – Res judicata – Issue estoppel – Clarity of pleading – Whether ground now relied upon could and should have been raised in earlier proceedings – Whether sister companies were “privies” – Use of “Wayback Machine” evidence – Litigants without professional representation – Appeal to Appointed Person