Termination Procedure Research Articles

Historical and legal aspects of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine

The peculiarities of certification of powers of attorney that equal to notarial by public individuals and official persons of health care establishments of Ukraine are considered In the article the analysis of normative acts, regulating the procedure for testamentation and certification of powers of attorney that equal to notarial, including by authorized individual officials and official persons of healthcare care establishments, is made. The concept of powers of attorney is investigated and their classification is carried out. The author states that public individuals and official persons of health care establishments of Ukraine who certify the powers of attorney that equal to notarial, are not entitled to certify powers of attorney in their name and on behalf of their name, as well as in the name of and on behalf of his wife or her husband. Specified public individuals, official persons have also no right to perform powers of attorney in the name of their sons and daughters, mother, father, grandchildren, grandfather, grandmother, including their brothers or sisters. Analyzing the issue of the certification of the power of attorney to make a donation contract on behalf of the patient, the author emphasizes the necessity to indicate the name of donee. While certifying the powers of attorney public individuals, official persons of health care establishments of Ukraine, listed in Article 40 of the Law of Ukraine "On Notariate", should strictly adhere to the norms of the current legislation, in particular the norms of the Civil Code of Ukraine, the Land Code of Ukraine, the Law of Ukraine "On Notariate", the Procedure of certifying wills and powers of attorney that equal to notarial, as well as other normative and legal acts. The author pays special attention to the content of powers of attorney. The procedure for termination and cancellation of a notarized power of attorney is examined.

Difficult motherhood in the perception of mothers in the 1990s and today

The article presents empirical material that allows to outline the situation of contemporary women experiencing difficult motherhood compared to women twenty years ago described by Małgorzata Kościelska (1998). Qualitative research was attended by 18 women who experienced difficult motherhood associated with unsuccessful prenatal diagnosis due to disability, genetic disease or birth defect. Fritz Schütz's autobiographical narrative interview was used. An analysis of the content of the respondents' statements reveals their concern not only for the child's health and physical development, but also for their mental well-being. Diagnosis of birth defects and genetic anomalies does not inhibit the development of the mother's emotional bond. Women undergo prenatal testing more consciously than in the 1990s. Although they are afraid of such tests, they are more worried about the child's health than about being abandoned by their husband. Their motivation to undergo prenatal tests results from their desire to remedy developmental abnormalities quickly. The possibility of pregnancy termination procedure causes a lot of extreme emotions and moral doubts. Half of the women surveyed positively assess the support within the support groups and advice on online forums, while they rarely receive institutional psychological support (5 people out of 18 respondents). Most women emphasize social ostracism. Despite the passage of 20 years since the publication of Difficult Motherhood by Małgorzata Kościelska (1998), the development of new technologies, medicine, and socio-political transformation, the situation of mothers awaiting the birth of a child and experiencing an unsuccessful diagnosis has not changed radically and requires many systemic changes.

4857 SAYILI İŞ KANUNU ÇERÇEVESİNDE İŞ SÖZLEŞMESİNİN FESHİNDE İŞÇİNİN SAVUNMASININ ALINMASI

İş hukukunun temel amaçlarından biri de işçi ve işveren arasındaki çalışma ilişkisinin devamlılığını sağlayacak tedbirlerin alınmasıdır. İş sözleşmesinin sona erdirilmesi öncesinde, savunma hakkı verilmesi, işçinin, hakkındaki iddiaları öğrenme olanağını sağlayacaktır. Hakkındaki fesih nedeni olabilecek iddiaları öğrenen işçinin yapacağı savunmanın mahiyeti, taraf olunan iş ilişkisi bakımından son derece önemlidir. İşçi yapacağı savunmayla işverenin objektif bir değerlendirmeyle fesih iradesini değiştirebilir. Diğer bir ifadeyle işveren, işçisinin yapacağı savunmaya göre iş sözleşmesini sona erdirme yönündeki niyetinden vazgeçebileceği gibi yapılan savunmaya itibar etmeyerek aralarındaki sözleşmeyi sona erdirebilir. Yasal olarak iş güvencesi kapsamındaki iş ilişkilerinde, işveren tarafından işçi davranışı ve verimine bağlı fesih sebepleri karşısında tanınması zorunlu olan savunma hakkı, ileride yaşanabilecek uyuşmazlıklarda, ispat hukuku açısından yazılı olarak ve de fesih bildirimi öncesinde kullandırılması gerekir. Çalışmamızda İş Kanununun 19. maddesinde yer verilen ve işveren tarafından işçinin kişiliğine bağlı fesih sebepleri bakımından gerçekleştirilmesi muhtemel fesih işleminin geçerlilik koşulu olarak düzenlenen savunma hakkı, mevzuat, öğreti görüşleri ve Yargıtay kararları çerçevesinde değerlendirilmiştir.

Aspiration and Inspiration: Using Bronchoalveolar Lavage for Toxicity Assessment.

Bronchoalveolar lavage (BAL) is a simple procedure that is used to investigate drug efficacy or lung toxicity. It is sensitive to lung changes and less invasive than histological evaluation. It can be performed repeatedly at interim time points or as a terminal procedure. Airborne contaminants and purposely inhaled compounds, resident and inflammatory cells, as well as different cellular soluble products can be harvested in bronchoalveolar fluid (BALF) and measured. Bronchoalveolar lavage can also be an important tool to understand drug exposure and its metabolism in the lung, although it should be rigorously performed and interpreted with caution, especially in the context of regulated toxicology studies. This review focuses on the methods and uses of BAL in animal research, primarily in the pharmaceutical industry, as well as for the assessment of drugs, pollutants, and chemical lung toxicity. Methods of collecting and analyzing BALF and parameters affecting variability are discussed in detail. Improved automated methods for cell counting and analysis of the inflammatory cellular differential using hematology analyzers, common markers of lung injury, and new methodologies are described. Correlation between BALF and histological evaluation should not be considered as repetitive but as complementary assessments in the context of efficacy and toxicity studies.

Attitudes and Opinions of Young Gynecologists on Pregnancy Termination: Results of a Cross-Sectional Survey in Poland.

Background: This paper aims to explore the attitudes and opinions of a group of Polish young gynecologists toward pregnancy termination. Method: An anonymous questionnaire was completed by physicians who participated in obligatory trainee courses held in 2019 in Warsaw. Results: The study group included 71 physicians with an average age of 29 years (SD 3.05). A considerable number of the physicians accepted terminations for medical reasons up to the end of pregnancy, especially in cases of lethal defects (46%) and a serious disease in the mother (34%). Only 6% of the group of gynecologists not performing terminations claimed that the procedure was contrary to their conscience, and 62% of them stated that such procedures were not performed at their hospital. Terminations would be performed by 90% of the respondents in cases of lethal defects of the fetus and by 80% if severe irreversible fetal defects were diagnosed. Conclusions: The main problem associated with the inaccessibility of pregnancy termination in Poland is not linked to individuals, meaning medical personnel and the possibility of invoking the conscience clause, but probably to the lack of approval for terminations granted by hospital supervisors. Adequate knowledge on pregnancy termination procedures, fetal defects, and diseases in the mother translated into the changes of opinions on pregnancy terminations.

Termination of Validity and Termination of Performance of an Employment Contract

The paper is devoted the problem of the procedure of termination of an employment contract, explains significant differences between the reason and procedure of termination of the employment contract in unilateral and consensual ways. It is suggested that these procedures should be separated terminologically in order to avoid confusion. The actual termination of the employment contract must be differentiated from the unilateral suspension of the contract’s performance. Considerable attention is paid to the study of the content of the term “termination of the employment contract,” identification of significant characteristics of the procedure and disputable issues in the formulation of a legislative norm. On the basis of key characteristics, the author explains meanings of the concept of termination of the employment contract, which the law-maker invests in the current legal norms of employment laws, the author puts forward a proposal on improvement of domestic employment legislation in order to apply this procedure to a number of cases in which today an employment contract is subject to termination due to circumstances beyond the control of the parties.

Emotional Complications in Midwives Participating in Pregnancy Termination Procedures-Polish Experience.

Background: Ethically controversial medical procedures, such as the termination of pregnancy, are frequently associated with a discrepancy between personal attitude and values versus requirements related to a professional situation. The study aimed to assess emotional complications in midwives participating in pregnancy termination procedures. Methods: The study included 181 midwives working in state-governed healthcare facilities in central and eastern Poland. The Oldenburg Burnout Inventory (OLBI) and the present authors’ own questionnaire were used in the study. The results indicating the level of occupational burnout were presented in two scales: the exhaustion scale and the disengagement scale. Results: The study revealed that 48% of midwives had never participated in pregnancy termination procedures due to fetal defects. The level of occupational burnout described with the exhaustion factor (t = 2.06; p < 0.041) and disengagement factor (t = 2.96; p < 0.003) was significantly higher in the group of midwives participating in pregnancy termination procedures due to fetal defects than in the group of midwives who did not participate in pregnancy terminations. The most common factors contributing to burnout reported by midwives who participated in pregnancy terminations were: moral dilemmas (68%), seeing the aborted fetus (65%), anticipating the child’s death in case it was born with signs of life (59%) and the lack of professional psychological support for medical personnel (56%). Conclusions: Importantly, pregnancy termination should be performed by persons who find such procedures acceptable from the viewpoint of their value system. It is a protective factor in regards to work with women who undergo terminations. Moreover, developing a system of informational and psychological support for midwives participating in pregnancy termination procedures is also a significant aspect.

Activation of the expiratory muscles via lower thoracic high frequency spinal cord stimulation in awake animals

Lower thoracic spinal cord stimulation is an effective method of restoring an effective cough in participants with complete spinal cord injury. The high voltage requirements however significantly limits this application in subjects with intact lower chest wall sensation. In anesthetized animals, we have shown that the expiratory muscles can also be effectively activated with low stimulus currents (1 mA) but with high stimulus frequencies (HF-SCS -500 Hz). In 3 intact, awake pigs the responses to HF-SCS, were evaluated. HF-SCS was associated with marked expansion of the abdominal wall and external oblique EMG activity without any associated changes in heart rate or vocalization. During a terminal procedure under general anesthesia, responses to HF-SCS were re-assessed. Abdominal movement and EMG were similar to that observed in the awake state. HF-SCS (1.5 mA) resulted in an airway pressure of 65 ± 2cmH2O. Our results indicate that lower thoracic HF-SCS may be a useful method to restore an effective cough in patients with intact chest wall sensation.

Managing venous thromboembolic risk in women undergoing spontaneous or induced early pregnancy loss: a consensus statement from the British Society of Haematology Obstetric Haematology Special Interest Group.

The level of venous thrombosis risk in women who experience spontaneous or induced pregnancy loss has previously been uncertain. However, recent data indicate that the risk of venous thrombosis in women undergoing pregnancy termination in the first trimester is increased two-fold compared to non-pregnant women but reduced five-fold compared to women in the 6 weeks following a term birth. The termination procedure itself appears not to influence thrombosis risk. In light of this data, this consensus statement provides recommendations for reducing the risk of venous thrombosis in women undergoing spontaneous or induced pregnancy loss based on Royal College of Obstetricians and Gynaecologists risk stratification guidelines.

Agent-based Truck Appointment System for Containers Pick-up Time Negotiation

Congestion in the seaports area is a common issue in many parts of the world. Fluctuating truck arrival has been identified as one of the significant determinants of congestion. In response, a truck appointment system (TAS) is introduced to manage truck arrival, particularly at peak times. In the existing TAS mechanism, the scheduling decision is centralized and disregards the concerns of trucking companies. Moreover, TAS may complicate the business operation of trucking companies that already have a constrained truck schedule. This study proposes a decentralized negotiation mechanism in TAS that allows trucking companies to adjust arrival times by utilizing the waiting time estimation provided by the terminal operator. We develop an agent-based model of a TAS in the container terminal pick-up procedure. The simulation results indicate that compared to the existing TAS mechanism, the negotiation TAS mechanism generates a shorter average truck turnaround time regardless of truck arrival rates. In terms of average net time cost, the negotiation TAS mechanism provides better value under high truck arrival rate conditions. The incentive for trucking companies to participate in the negotiations is even higher at peak times.

Enumeration strategy differences revealed by saccade-terminated eye tracking

Brain regions involved in saccadic eye movements partially overlap with a frontoparietal network implicated in encoding numerosities. Eye movement patterns may plausibly reflect strategic scanning behaviours to resolve the open-ended task of efficiently enumerating visual arrays. If so, these patterns may help explain individual differences in enumeration acuity in terms of well-understood visual attention mechanisms. Most enumeration eye-tracking paradigms, however, do not allow for direct manipulation of eye movement behaviours to test these claims. In the current study we terminated trials after a specified number of saccades to systematically probe the time course of enumeration strategies. Fifteen adults (11 naïve, 4 informed) enumerated random dot arrays under three conditions: (1) a novel saccade-terminated design where arrays were visible until one, two or four saccades had occurred; (2) a duration-terminated design where arrays were shown for 250, 500 or 1000 ms; and (3) a response-terminated design where arrays were visible until a response. Participants gave more accurate responses when enumerating saccade-terminated trials despite taking a similar time as in the duration-terminated trials. When participants were informed how trials would terminate, their saccade onset latencies shifted to match task demands. Rotating saccade vectors to align with salient image locations accounted for variability in the orientation of saccade trajectories. These findings (1) show a combination of stimulus-derived visual processing and task-based strategic demands account for enumeration eye movements patterns, (2) validate a novel saccade-contingent trial termination procedure for studying sequences of enumeration eye movements, and (3) highlight the need to include analyses of spatial and temporal eye movement patterns into models of visual enumeration strategies.

DOUBLE/JOINT DEGREE PROGRAM DEVELOPMENT: STAGES AND ACADEMIC LEADERSHIP

The article presents the legislative basis for double/joint degree programs development in Ukraine. The stages for developing double/joint degree programs used in the European Higher Education Area (EHEA) have been described. The Academic Council of the university / faculty approves the working (project) group, the head of which is the guarantor of the educational program. The procedure for developing, reviewing and approving educational programs, compliance with the principles and procedures of quality assurance (monitoring, evaluation, internal accreditation, periodic review, and termination procedure) are determined by separate provisions in universities.

A minimally invasive technique for serial intraosseous perfusion measurements in the murine tibia using laser Doppler flowmetry

In biomedical and preclinical research, the current standard method for measuring blood perfusion inside murine bone, radiolabeled microspheres, is a terminal procedure that cannot be used to monitor longitudinal perfusion changes. Laser Doppler flowmetry (LDF) can assess perfusion within the proximal tibial metaphysis of mice in vivo but requires a surgical procedure to place the measurement probe directly onto the bone surface. Sustained inflammation for over a month following this technique was previously reported, and previous studies have used LDF as an endpoint-only procedure. We developed a modified, minimally invasive LDF procedure to measure intraosseous perfusion in the murine tibia without stimulating local or systemic inflammation or inducing gait abnormalities. This modified technique can be used to measure perfusion weekly for up to at least a month in the murine tibia.•Unlike previous endpoint-only techniques, this modified LDF procedure can be performed weekly to monitor serial changes to intraosseous perfusion in the murine tibia•The modified LDF technique utilizes a smaller, more localized incision to minimize invasiveness and speed recovery

Features of consideration by courts of labor disputes on the reinstatement of an employee at work

Probably the most common category of litigation in the field of labor law is the dispute over the reinstatement of employees. The existing case law shows that in most cases the courts defend the rights of employees, because in the course of the trial the facts of violations by the employer of the requirements of current legislation during the dismissal of the employee are established. In case of violation of labor legislation, restriction of labor rights of citizens, among other things, inevitably raises the question of bringing the perpetrators to justice and ensuring fair, equivalent compensation and damages in accordance with the European concept of an effective remedy. Thus, traditionally, the grounds and procedure for unilateral termination of employment at the initiative of the employer, including redundancies, dismissal for absenteeism, etc., are often subject to judicial appeal. Further development of labor law seems to be able and should be based on and generalization of judicial practice for resolving labor disputes, reflecting the most acute problems of observance of labor rights of citizens. The study of case law on individual labor disputes is an effective means of gaining knowledge about the current state of legal regulation of labor relations and especially the protection of labor rights of citizens, their typical violations, gaps and contradictions of substantive and procedural law governing these relations. The article analyzes the opinions of scientists on the definition of labor disputes and formulates its own definition. In addition, some issues of resolving individual labor disputes on the reinstatement of the employee were considered and the practice of courts to implement court decisions on this issue was analyzed. Certain features of resolving individual labor disputes on employee reinstatement are noted. Taking into account the special position of the labor dispute as a legal category and the analysis made in this article of the legal regulation of the consideration of individual labor disputes on reinstatement at work is relevant for the science of labor law and the practice of applying the current legislation.

The Procedure of Election and Early Termination of Powers of Heads of States in the Commonwealth of Independent States in the Light of the Latest Constitutional Reforms

The Procedure of Election and Early Termination of Powers of Heads of States in the Commonwealth of Independent States in the Light of the Latest Constitutional Reforms

Način sticanja i prestanka sudijske funkcije u Srbiji u drugoj polovini 19. veka

From the viewpoint of the way of acquisition and termination of the judicial service, judges in Serbia passed a long road from ordinary civil servants that were acquiring and losing their position solely based on the will of the minister of justice, to independent judges with guaranteed tenure appointed on recommendation from the highest courts and dismissed by decision of the highest courts in the country. The path, however, was not straight-line, neither in terms of normative solutions nor in terms of political and social temptations. The Law on Judges from 1881 which regulated the Judiciary of the Principality of Serbia on the principles of judicial consistency, competence and financial security, introduced for the first time the method of electability (co-optation) of judges by judicial collegiums in the Serbian judiciary. At the same time, this Law completely disempowered Minister of Justice of the right to decide on the termination of the judge's office and handed it over to the highest court in the country - the Cassation court. The significance of the formal guarantees of judicial independence, which has been ensured since 1881 by specific procedure of acquisition and termination of judicial office, became questionable due to both "pestilent" touch between judges and politics, but also for substantial number of judges who took judicial independence as judicial irresponsibility.

Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority

The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.

Legal status peculiarities of the court chairman in Russia and in foreign countries: Comparative and legal analysis

A comparative analysis of the legal status of the court chairman in Russia and in foreign countries is provided in the article. It is shown that the legal status of the court chairman is derived from the content and forms of implementation of the principle of the court and judges’ independence. The basic elements of the court chairman’s legal status, such as the procedure of appointment to the post, tenure of the post, tenure age limit, as well as the special powers related to the implementation of the leading function in the court, are disclosed. The notion that the globalization of legal processes leads to the unification of the requirements for the acquisition and termination procedures of the legal status not only of judges, but also of court chairman is discussed. The article reveals general and special approaches in the legislation of different countries to such requirements applied to the candidates for the post of court chairman, such as knowledge of case management, organizational skills, standards for themselves and court officials, the ability to quickly and qualitatively introduce new technologies into the work of the court, and maintaining a high level of qualification. The possibilities to develop a unified scientifically based approach to establishing the derivatives of the court chairman’s legal status in order to avoid the arbitrariness of establishing legislative provisions in different countries are revealed. The article concludes that a court chairman’s ensured independence of particular court would significantly increase the level of public trust not only in the court, but also to the state in general. However, this topic requires further research.

CoQ10 enhances PGC1\u03b1 and increases expression of mitochondrial antioxidant proteins in chronically ischemic swine myocardium

BackgroundExpression of mitochondrial proteins is reduced within hibernating myocardium (HM). It is unclear whether dietary supplementation with CoQ10 can increase expression of mitochondrial electron transport chain (ETC) and antioxidant proteins within this tissue. In a swine model of HM, we tested whether dietary administration of CoQ10 for four weeks enhances the expression of ETC and antioxidant proteins within the mitochondria via increased PGC1α signaling.Methods12 swine were instrumented with a fixed constrictor around the LAD artery to induce gradual stenosis. At three months, transthoracic ECHO was performed to confirm the presence of a wall motion abnormality in the anterior wall. Animals were then randomly assigned to receive daily dietary supplements of either CoQ10 (10 mg/kg/day) or placebo for four weeks. At this time, animals underwent a final ECHO and terminal procedure. Expression of nuclear-bound PGC1α (Western blots) and mitochondrial proteins (Tandem Mass Tag) were determined.ResultsMitochondrial and nuclear membranes were isolated from the LAD region. Nuclear-bound PGC1α levels were > 200-fold higher with administration of four weeks of CoQ10 treatment (p = 0.016). Expression of ETC proteins was increased in those animals that received CoQ10. Compared with mitochondria in the LAD region from placebo-treated pigs, CoQ10-treated pigs had higher levels of Complex I (p = 0.03), Complex IV (p = 0.04) and Complex V (p = 0.028) peptides.ConclusionsFour weeks of dietary CoQ10 in HM pigs enhances active, nuclear-bound PGC1α and increases the expression of ETC proteins within mitochondria of HM tissue.

Legislation Peculiarities of Kazakhstan on the Termination of Property Rights and Other Property Priorities

The termination of property rights in the modern world is understood as a measure of emergency response and the formation of a negative attitude of a person towards society or public authorities. However, often the termination of property rights is determined by the fact that it is necessary to apply it to prevent a number of negative probable consequences and to implement the principles of social justice. The regulation of this issue is beyond the scope of a purely legal inquiry. In this regard, the main problem is determined by the fact that termination of property rights acts not only as a legal but also a social regulator. The novelty of the study is the position that the termination of property rights in Kazakhstan currently has local uniqueness, which hinders in many cases the implementation of international legislative initiatives. The authors of the article show that the possibility of forming a qualitative filling in the procedure of law termination is based on the principles of achieving justice and legality. The practical significance of the research is determined by the fact that the conducted research allows to create the possibility of increasing the degree of legality of decisions, which are determined by a set of offered rules and regulations in regional legislation.