Law System Research Articles

Medication use review as a service for pharmaceutical care: Conditions for implementation in pharmacy practice


 
 
 Pharmaceutical care is an aggregated pharmaceutical service based on an innovative approach towards the patient’s pharmacotherapy process. It was introduced into the Polish pharmaceutical law system in 2008, but it was not until the end of 2020 that the list of activities included in this innovative health service was clarified. The delayed initiation of pharmaceutical care means that implementation procedures are lacking, making it difficult to fully implement it into pharmacy practice. The initiating service for pharmaceutical care in pharmacy practice is the medication use review (MUR), which, combined with the pharmacotherapy assessment, has the task of detecting and solving patients’ drug-related problems and thus ensuring safety in the pharmacotherapy process. Such important objectives for medication use review face organisational barriers that make its effective implementation difficult and practically impossible, limiting the scope of pharmaceutical care to the consultative aspect in practice. The aim of the article is to present the implementation conditions of medication use reviews in Polish pharmacy practice, which helped to identify the conditions for effective implementation of pharmaceutical care. Achieving the research objectives requires the use of a variety of research methods. To identify the conditions for effective implementation of medication use reviews, the method of analysis of legal acts was used. Apart from that, the analysis of literature and the method of examination of documents were also implemented, which made it possible to determine whether the Polish pharmaceutical law system creates conditions for effective provision of this service in pharmacy practice. The method of observation (the mystery shopper) was also used to indicate the territorial (subjective scope) scope of the provision of medication use review and to identify barriers to their implementation in Polish organisational and legal realities. All the methods applied made it possible to determine to what extent pharmacist shortages in the pharmacy limit the implementation process. The results of the study were subjected to statistical analysis.
 
 

Zakres związania pracodawcy wnioskiem o pracę zdalną – uwagi na temat pojęć rodzaju i organizacji pracy w ujęciu systemowym

This article discusses the employee’s right to remote work. The author considers the issue of the scope of binding the employer with the application of employees who are entitled to submit an application for remote work. The aim of the article is to discuss the grounds for refusing an employee’s application and their interpretation from the point of view of the entire labor law system. In the final part of this study, author tries to show sanctions for employer, who refuses employee’s application with infridgment legal regulations.

Jury System and Democracy: A Reflection Based on Comparison Method

The jury system is one of the most concerned litigation systems in the world. The jury that symbolizes democracy is declining in the common law system. Likewise, the Chinese law circle holds different viewpoints on China’s existing people’s assessor system. The judicial effectiveness of the Anglo-American jury was analyzed, and the relationship between the Anglo-American jury system and judicial democracy was examined in this paper. Moreover, an insight into the existence or abolishment of the people’s assessor system was offered based on its status quo. On this basis, some suggestions were given regarding realizing judicial democracy for China’s existing judicial system without impairing judicial specialization.

True ‘contradictions’ and conflicts in the Talmud

Abstract In this article, we consider the presence of what appear to be true contradictions in the Talmud. We consider and reject a glut-theoretic response. We argue these apparently contradictory Talmudic passages should be understood not as ordinary propositions, but as being given under an operator. This allows us to understand these rulings as genuinely conflicting, but not genuinely contradictory. We illustrate the broad shape of such a view through consideration of Hans Kelsen's late-period philosophy of law. We also consider and reject responses to this issue given by Rashi, R. Kook, and R. Feinstein. We close by considering why a system of Jewish law which allows for jointly affirmed conflicting propositions is desirable. We claim that if, as Maimonides suggests, the fundamental project of Jewish law is the eradication of idolatry, then the law itself should remind us that God's ways are higher than our ways. One way of doing so is to resist capture by a transparent set of principles, by allowing for conflicting rulings to be affirmed. This article does not presuppose familiarity with the Talmudic corpus or Jewish tradition.

Comparative Analysis of Copyright Regimes in Nigeria, the United States of America and France

This paper deals with a comparative analysis of the copyright regimes Nigeria, the United States of America (U.S.) and France with a view to identifying impart areas from which to derive lessons. The United States is chosen because it is one of the most developed economies where the copyright industry has thoroughly developed to add to the country’s GDP. It has its copyrights roots in the common law, same as Nigeria. France is chosen because, it is a country which is also advanced in copyright development-the place of birth of the first international copyright treaty, the Berne Convention. This is added to the fact that France is a Civil law country and will offer interesting areas of comparison to the common law system.

The Role of Judges in Selecting Efficient Norms in a Common Law System: A Law and Economics Perspective

Abstract This study delves into the common law efficiency theory, proposing that the efficiency of legal norms in common law systems predominantly depends on judges’ biases towards efficiency. By developing an economic model, it is demonstrated that the proportion of efficient norms correlates with the predisposition of judges towards efficiency, influenced by their personal beliefs. Historical analysis of common and civil law systems reveals that neither inherently guarantees efficiency; rather, their efficiency is contingent upon their adaptability to societal needs and prevailing judicial ideologies. The paper concludes that the efficiency of a legal system relies on its congruence with societal values and judicial ideologies, emphasizing that shifts in the judiciary’s ideological makeup have implications on legal system efficiency. This research contributes to a deeper understanding of the multifaceted process shaping legal norms in common law, highlighting the critical role of judges, societal values, and legislative dynamics.

The History of the Formation and Development of the Institution of Diplomatic Asylum in Latin America

The institution of diplomatic asylum occupies a special place in the system of international law due to the ambiguity of its legal regulation. As it is known, this institution was not recognized by the Vienna Convention on Diplomatic Relations of 1961 and subsequent universal legal documents. However, most Latin American countries widely apply the right to grant asylum in the premises of diplomatic missions and not only on the basis of the provisions of numerous regional agreements, which directly provide rules of granting diplomatic asylum. The dual approach to the issue of diplomatic asylum that has developed in international practice creates a lot of disputes between states, due to the divergence of their positions on this issue. The article examines the history of the formation and development of the institution of diplomatic asylum, its legal regulation in Latin America and briefly reveals the contribution of judicial practice to the development of the institution. The main purpose of this study is to identify existing contradictions in the international legal regulation of the institution of diplomatic asylum and to analyze acceptable ways to eliminate such discrepancies.

Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice

Reform of the Criminal Law System in Indonesia Which Prioritizes Substantive Justice

The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study

The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.

The Failure of the South African Family Law System in Custody Battles: A Father's Perspective

ABSTRACT This article examines the experiences of four non-resident fathers in child custody battles in South Africa. These fathers have been in constant legal battles and have concluded that the South African family law system has failed them. The system, according to these fathers, refers to the various laws related to the maintenance court system and the children’s court, as well as the people who implement them, including social workers from the Department of Social Development, court-appointed psychologists, and family lawyers, and all the other organisations tasked with ensuring that the best interests of a child in custody cases are upheld. The interviewed participants maintained this view based on what they perceived as the barriers that the system places before fathers. Participants in this study also believed that in child custody cases, the courts tend to be biased against men, and they lament the slow manner in which the children’s court handles and resolves child custody cases. The narratives of the four participants presented in this article shed light on an important aspect of parental relations in South Africa. The study recommends a coordinated effort by the government, the South African court system and organisations advocating for fathers’ rights to encourage the involvement of non-resident fathers, and commends the recent court judgements in favour of fathers in parental alienation cases. The article emphasises that the systems should promote positive and active father involvement with their children with the same vehemence as financial provision by fathers for mothers and their children.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

KUḺANTAI TATTEṬUPPUT TOṬARPĀṈA CAṬṬA NIYĀYAVIYAL ORU VARALĀṞṞUP PAKUPPĀYVU [THE JURISPRUDENCE OF CHILD ADOPTATION: A HISTORICAL REVIEW

Child adoption has been a longstanding practice in several legal traditions throughout human history. The national progression of child adoption has influenced the corresponding legislative modifications. Examining the Legal Framework of Child Adoption within the Context of Jurisprudence This article provides a historical analysis of the progression toward different legal frameworks. The qualitative examination of pertinent literature is predicated on investigating its content. Both individual countries and international organizations are actively engaged in developing legal frameworks that infringe upon children's rights and compromise their best interests. The adoption laws rooted in the penal code within the common law system have limited efficacy in mitigating instances of child abuse. In addition, international declarations, treaties, legal actions, and established norms protect the rights and interests of adopted children. Utilizing these tools is particularly noteworthy within the context of the intercountry adoption procedure. The legal laws pertaining to adoption have undergone significant development in various aspects, including the criteria for adopter eligibility, the requirement of adopter permission, the determination of adoptive family rights, and the establishment of support obligations.

THE EMERGENCE OF THE ADMINISTRATIVE JUDICIARY: AN APPLIED STUDY COMPARING THE SIMILARITIES AND DIFFERENCES BETWEEN QATAR AND BRITAIN

Objective: This study aims to analyze and compare the emergence of administrative judiciary systems in Qatar and Britain. The administrative judiciary plays a crucial role in ensuring the rule of law and protecting citizens' rights in modern legal systems. By examining the similarities and differences between these two countries, this study seeks to shed light on the factors that have influenced the development and implementation of administrative judiciary systems.
 
 Method: The research methodology employed in this study includes a comprehensive literature review, analysis of legal frameworks, and comparative analysis. The study explores the historical background and legal traditions of both Qatar and Britain to understand the contextual factors that have shaped their administrative judiciary systems.
 
 Result: The findings of this study reveal to: both countries have legal frameworks and court structures in place to regulate administrative matters. Second, they differ in their legal foundations, with Qatar following a civil law system and the United Kingdom adhering to common law principles. Third, the scope of judicial review varies, with Qatar focusing on legality and procedural fairness, while the United Kingdom has a broader scope that includes the merits and reasonableness of administrative decisions. Furthermore, the study identifies key factors that have influenced the emergence of administrative judiciary systems in these countries. The study also highlights the impact of international legal norms and practices on the development of administrative judiciary systems. The findings of this study can inform policymakers and legal practitioners in their efforts to strengthen and improve administrative judiciary systems.

Обобщающий урок «Периодический закон и Периодическая система Д. И. Менделеева»

The original scenario of the lesson on the topic “Periodic Law and Periodic System of D. I. Mendeleev” with the elements of dramatization and the use of poems is presented.

Judicial Precedent in The Justice of The Anglo-American System of Law

Purpose: The article provides a scientific analysis of judicial precedent as a source of law in the Anglo-American legal system. Methods: This study carefully analyzed scholarly works and legal documents of judicial precedent as sources of law in the Anglo-American legal system. The data was obtained from various sources, including academic research, international human rights norms and practices of their application with the help of general philosophical and special methods of cognition. Results and discussion: It is emphasized that the judicial precedent is determined by the traditional attitude towards the court in society, which was formed within a certain legal system. It is noted that law in the understanding of the Anglo-American legal system is primarily judicial practice, and the norms of law are included in the legal system only after their repeated application and presentation by judges. It is concluded that today there are objective trends regarding the convergence of the Romano-Germanic and Anglo-American legal systems. It is noted that in common law countries, the legislative path of law development is becoming more and more important, and in continental law countries - judicial decisions of both domestic and international courts, with the help of which the law is clarified and developed. Implications of the research: This research has significant implications for researchers and practitioners in the field of legal sciences, as it defines a comprehensive vision of the development trend of the Anglo-American legal family, which in the process of its evolution acquired certain features of the Romano-Germanic legal system. Originality/value: The specific conclusions formulated in the study fill a gap in current methodologies and knowledge regarding the use of judicial precedent in the justice of the Anglo-American legal system. Clarifying the specifics of the court's interpretation of the precedent as a source of law in the countries of the Anglo-American legal system will contribute to the enrichment of legal science and the development and modernization of certain approaches to these issues at the national level.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

Localization Construction of Security Token Offering

The Security Token Offering (STO) embodies a convergence of traditional securities and blockchain token issuance, categorized into asset-based STO, derivatives-based STO, and payment-based STO, establishing a unique tripartite legal relationship among the issuer, trading platform, and subscriber. This essay commences by defining the essence of STOs, delving into the foundational legal principles, and scrutinizing the primary challenges in localizing construction, specifically the limitations of the conventional civil law system and the complexities in establishing a rights bundle paradigm. In accordance with prevailing regulations, it advocates for a localized construction approach, involving an expanded interpretation within the criminal law and civil law systems. The adaptation within the criminal law system involves recognizing the property attributes to prevent classification as illicit tokens or other violations. The adaptation within the civil law system entails endorsing the legalization of security token trading and validating the legitimacy of entrusted investment and trading activities involving security tokens.

Виноградарство и виноделие в Дагестане (XVIII – начало ХХ в.): традиционные технологии и аграрная обрядность

Целью исследования является выявление зональных особенностей возделывания винограда и его переработки, а также анализ традиционных обрядов, связанных с виноградарством и виноделием. Использованы архивные источники, опубликованные законодательные акты и литературные сведения. Определены способы выращивания винограда, религиозно-магические представления и аграрные культы, связанные со сбором урожая и традициями изготовления домашнего вина. Выявлены правовые коллизии, запрещающие употребление крепких напитков. Установлено, что разведение винограда в Дагестане имеет зональные особенности: в горах виноград размножали саженцами, прививками, черенками и отводками, на равнине – на деревьях, кольях, в расстил и лежачей лозой, а также аллейным и проволочным методами, привнесенными армянскими и грузинскими виноделами. Статья является первым исследованием виноградарства и виноделия на региональном уровне, предпринятым с позиции этнографической науки. The aim of the study is to identify zonal characteristics of grape cultivation and processing, as well as to analyze traditional rituals associated with viticulture and winemaking. Archival materials; statistical data; testimonies of Russian officers and travelers of the 19th century; works of historians, ethnographers and specialists in the wine industry were studied. The methodology is based on the use of the historical-comparative method and the method of historical reconstruction. Using these methods, endemic grape varieties and traditional methods of cultivating them were identified, ancient recipes for making homemade wine were restored, and agricultural rituals associated with harvesting and traditions of making homemade wine were described. The role of terrace farming is emphasized as one of the main factors in the development of viticulture in the mountain-valley zone of Dagestan. Legal conflicts resulting from the ban on the consumption of strong drinks were identified. It was established that endemic grape varieties were grown in the mountains for their own consumption, wine production and its exchange for agricultural and livestock products; There were two types of wine produced: boiled and unboiled. The main centers of winemaking in Dagestan were identified, located in the mountain-valley zone (the villages Gimry, Zubutli, Gotsatl, etc.), on the plain (the city Kizlyar and its environs) and in Southern Dagestan (the city Derbent). The history of the formation of wine production in these urban centers was analyzed. As the study showed, the main reasons for the decline of viticulture in the mountains were land shortages and religious prohibitions related to the consumption of wine. Local rulers at the legislative level introduced a ban on the consumption, production and sale of wine; the ban on the use of alcohol was often part of the local system of customary law (the so-called adats). It was established that the cultivation of grapes in Dagestan had zonal features: in the mountains, grapes were propagated by seedlings, grafting, cuttings and layering; on the plain, on trees, stakes, spread and lying vines, alley and wire systems introduced by Armenian and Georgian winemakers. In addition, the cultivation of grapes in the region depended on natural and climatic conditions – endemic varieties were grown in the mountains, imported varieties were grown on the plains. The work is the first study of viticulture and winemaking from the perspective of ethnographic science, and is intended to revive interest in the autochthonous varieties of Dagestan grapes and their cultivation, taking into account zonal characteristics.

러시아연방의 공무원 제도

The current civil service system in the Russian Federation was established and operated after the collapse of the Soviet Union, going through the first civil service reform in 1995 and the second civil service reform in 2002. The Civil Service Act of the Russian Federation is an individual administrative law in the administrative law system of the Russian Federation and forms a unique area and system of administrative law (Институт государственной службы), and its disciplinary system is related to the state affairs system of the Russian Federation, which is the basic law in the civil service law system. It consists of related general laws and special laws based on federal laws and the status and scope of activities of public officials. When referring to civil servants under the Civil Service Act of the Russian Federation, it refers only to state civil servants (Государственный служащий), which are equivalent to career civil servants in Korea. Therefore, the concept of public affairs does not exist in the civil service law of the Russian Federation, and the concept of national affairs (Государственная служаба) is commonly used. National affairs are defined as workers who are employed by a state agency and granted State Council status, and where a natural person provides labor for the purpose of performing specific affairs for state agencies and public officials as a state in the practical sense. In the Russian Federation, administrative jurisdiction exists at the federation, federation constituent, and local government levels. Persons who perform affairs at each level are called state secretaries in a formal sense, and are specifically divided into federal state secretariat, federal constituent state secretariat, and local government officials. They are classified, and it is no exaggeration to say that among all levels of office work, federal office workers are the standard for office workers at other levels. The types of Federal Secretariat are: ㉠ General State Council (Государственный служащий), ㉡ Military Council (Военнослужащий), ㉢ Special State Council (Специальный г) The State Council for Justice, the State Council for Foreign Affairs, And then ㉥ It is classified as the Prosecutor's Office (Государственный служащий прокуроского работника).

ON THE ISSUE OF THE CIVIL CONTENT OF THE “OUTSOURCING” CATEGORY IN THE RUSSIAN CIVIL LAW SYSTEM

This publication is dedicated to the research of the role and definition of the legal content of outsourcing in the system of Russian civil law. Using such scientific methods of research as analysis, description, classification, intellectual modeling, extrapolation, methods of logical cognition and the formal legal method, the authors reveal the economic and organizational content of the category “outsourcing”, distinguish outsourcing from other methods of managing resources and resource potential, identify the legal nature of outsourcing relationships in based on private law regulators, and distinguish outsourcing from outstaffing as well. An economic definition of outsourcing is given as a method of managing and using resources predominantly by small and medium-sized participants in business turnover, associated with the involvement in the process of creating useful value of third-party capital, labor and intellectual resources, technologies, technological solutions and management models, as well as proven business designs with the aim of increasing your own productivity, reducing costs and reducing liability. It is noted that, from the point of view of Russian civil law, outsourcing can be defined as a variant of one of the types of obligations regulated by the Civil Code, as a mixed contract, as an unnamed contract. It is established that the legal nature of outsourcing follows from obligatory relations, which prevents the mixing into such relations of other types of contractual borrowing of resources (primarily outstaffing), where, in addition to the private law component, there is a public law fill. The final part contains a conclusion about the complementary nature of contractual outsourcing relationships for the domestic civil law system.