scholarly journals Kompetencje samorządu zawodowego lekarzy w zakresie odpowiedzialności zawodowej w Polsce

2018 ◽  
pp. 95-108
Author(s):  
Jędrzej SKRZYPCZAK

The subject of this study is the analysis of one of the competences of the professional self-governing bodies of medical doctors, namely the exercising of professional liability. Both the analysis of historical provisions and modern regulations confirms that the competence of exercising professional liability is one of the most significant rights and responsibilities of the professional self-governing body of doctors. It should be remembered that the binding law on the chambers of medical doctors stipulates that it is a professional self-government’s task to represent individuals who perform the profession of doctor and dentist, and to exercise care that these professions are performed within the limits of public interest and for its protection. Therefore, it seems that exercising of professional liability is the fundamental priority in the realm of ensuring appropriate performance of the profession.

Author(s):  
Joshua B. Kardon

<p>Professional engineers in the US may be found negligent and therefore liable for damages arising from failure to exercise a level of care, diligence, and skill exercised by other reputable practitioners in similar circumstances in an effort to accomplish the purpose for which the professional engineer was hired. If the professional engineer has accepted the obligation to design for sustainability or durability, or where materials, elements, or assemblies are intended by design to be “pushed to their limits” in normal service, the professional engineer may be accepting an extreme or uninsurable risk.</p><p>The subject of this paper is the standard of care and the relationship between the standard of care and design for sustainability or durability, or design where the engineered features are expected to be “pushed to their limits” in normal service. The paper’s contents include 1) an explanation of the concept of the standard of care, and 2) the professional liability pitfalls inherent in a design effort intended to result in sustainability or durability, or intended to achieve limit-state behavior in normal service. The subject is relevant for practitioners wishing to understand professional responsibilities for such designs.</p>


1929 ◽  
Vol 60 (2) ◽  
pp. 103-160
Author(s):  
J. G. Kyd ◽  
G. H. Maddex

Judged by the amount of space devoted to the subject in the Journal of the Institute, Unemployment Insurance has received but little attention from actuaries in the past Public interest in the problem of relieving distress due to unemployment became pronounced in the early years of the present century and led to the appointment in 1904 of a Royal Commission on the Poor Laws and, eventually, to the passing in 1911 of the first Unemployment Insurance Act. These important events found a somewhat pallid reflection in our proceedings in the form of reprints of extracts from Sir H. Llewellyn Smith's address on Insurance against Unemployment to the British Association in 1910 (J.I.A., vol. xliv, p. 511) and of Mr. Ackland's report on Part II of the National Insurance Bill (J.I.A., vol. xlv, p. 456). At a later date, when the scope of the national scheme was very greatly widened, the Government Actuary's report on the relevant measure—the Unemployment Insurance Bill 1919—was reprinted in the Journal (J.I.A., vol. lii, page 72).


Author(s):  
Michael Tsele

When a party refers to evidentiary material in the course of litigation, ordinarily this party is under an obligation to make this evidence available to his opponent, particularly when called upon to do so. However, over the years various principles have developed which make this obligation subject to certain limitations. The Fochville cases dealt with a situation where a party to litigation sought to withhold certain information from its adversary, notwithstanding the fact that the material had been relied upon as a ground for the institution of the litigation. This note critiques the judgments of the High Court and in particular the Supreme Court of Appeal in this dispute. In so doing, it draws on useful foreign law to argue that the Supreme Court of Appeal's judgment was an unfortunate one in that the court failed to clarify with reasonable precision the circumstances in which a party to litigation involving children's interests may legitimately resist disclosing evidence to his adversary, in which the party resisting disclosure invokes the principle of public interest immunity. In this regard, the note concludes that the High Court's overall approach to the issue is to be preferred.       


2019 ◽  
Vol 1 (2) ◽  
Author(s):  
Laura Garbini Both ◽  
André Rodrigues Meneses

<p>O presente trabalho objetiva analisar a atuação, legalidade e eficiência das organizações sociais. Uma vez que, esta tem sido motivo de intensos questionamentos, por parte daqueles que não enxergam benefícios na criação de um terceiro setor econômico. Há quem defenda que, é dever exclusivo do poder público, executar e fiscalizar os serviços sociais. A contrário senso há quem defenda uma publicização dos serviços que não são executados apenas pelo poder estatal, mas também pelo setor privado. Sendo assim, porque contrariar uma parceria publico-privada que só objetiva trazer benefícios para a população brasileira?</p><p>No decorrer deste estudo, será respondido tal questionamento, por meio de reflexões acerca das discussões e alegações de inconstitucionalidade da lei 9.637/98, de parte da lei de licitações ─ 8.666/93. Bem como, da suposta violação dos seguintes preceitos constitucionais: artigo 5ª, XVII e XVIII; artigo 22, XXVII; artigo 23; artigo 37, II, X e XXI; artigo 40, caput e § 4º; artigos 70, 71 e 74; artigo 129; artigo 169; artigo 175; artigo 196; artigo 197; artigo 199, § 1º; artigo 205; artigo 206; artigo 208; artigo 209; artigo 215; artigo 216, § 1º; artigo 218 e artigo 225. Onde será comprovado por meio de dados percentuais a eficiência e os benefícios advindos da sua criação.</p><p> </p><p> </p><p> </p><p>This paper aims to analyze the performance, legality and efficiency of social organizations. Since this has been the subject of intense questions from those who do not see benefits in the creation of a third economic sector. There are those who argue that it is the exclusive responsibility of the public authorities to execute and supervise social services. On the contrary, there are those who advocate an advertisement of services that are not only carried out by state power, but also by the private sector. So, why oppose a public-private partnership that only aims to bring benefits to the Brazilian population?</p><p>In the course of this study, this question will be answered, through reflections on the discussions and allegations of unconstitutionality of Law 9.637 / 98, part of the law of bidding - 8.666 / 93. As well as the alleged violation of the following constitutional precepts: Article 5, XVII and XVIII; article 22, XXVII; Article 23; Article 37, II, X and XXI; article 40, caput and paragraph 4; Articles 70, 71 and 74; article 129; Article 169; article 175; Article 196; article 197; article 199, paragraph 1; Article 205; Article 206; article 208; Article 209; Article 215; article 216, paragraph 1; article 218 and article 225. Where will be proven by means of percentage data the efficiency and the benefits coming from its creation.mptions that justify the use of them with greater efficiency in the achievement of the public interest.</p>


2021 ◽  
Vol 46 (1) ◽  
pp. 22-35
Author(s):  
A. Ibragimov ◽  

This article reveals the issues of development and formation of communicative competence among students of an art specialty. The study revealed that an insufficient level of speech culture is typical for students of future artists and teachers. This problem is most acutely expressed by the excessive enthusiasm of students for art and visual activity with insufficient attention to the development of communication skills and a departure from professional self-determination. The purpose of the article is to identify the results of the formation of the subject communicative competence of students of art specialties in the learning process. The following methods were used in the study: theoretical (review, analysis and synthesis of literature); empirical (pedagogical observation, oral and written surveys, tests, pedagogical experiment). The study was conducted at the Institute of Arts, Culture and Sports of KazNPU named after Abai among students (17-19) years old. The data indicate that the formation of communicative competence needs pedagogical support in preparing students for professional activities. The problem of low speech culture of students, inability to communicate, express their thoughts, and sometimes vice versa, upholding the position of a human consumer negatively affects the professional development of the future artist and teacher. The analysis shows that against the background of a general drop in the level of literacy and speech culture of young people, the communicative competence of artists is an urgent problem for many specialties, including for students of pedagogical universities.


2021 ◽  
pp. 852-870
Author(s):  
Richard Whish ◽  
David Bailey

This chapter briefly discusses the subject of merger control. Merger control is an important component of most, though not all, systems of competition law. Merger control has been under particular scrutiny in recent years, partly as a result of the rapid development of digital technologies and the emergence of powerful digital platforms. Separately there has been a certain backlash against the trend towards the globalisation of markets, and national governments, as well as the EU, have considered whether controls over the foreign acquisition of key industries are required, and whether the basic test of merger control – would a merger be harmful to competition? – should be supplemented by broader provisions enabling ‘the public interest’ to be taken into account. Against this background, the chapter begins by explaining what is meant by a ‘merger’ or ‘concentration’, the term used by the EU Merger Regulation (EUMR). It then proceeds to describe the different effects of mergers between independent firms from within and different production levels, the proliferation of systems of merger control, why firms merge, and the purpose of merger control. The final section of the chapter deals with how to design a system of merger control when a country decides, as a matter of policy, to adopt one.


2022 ◽  
pp. 268-290
Author(s):  
Alexander Skuridin

Chatbots (sometimes just called “bots”) are the subject of much corporate and public interest today. Many enterprises are looking to get started with chatbot development initiatives to improve communication efficiency as well as reduce operating costs. Current research indicates constantly growing interest in this area and forecasts that 70% of office employees will interact with chatbots daily in 2022. This chapter reports on the challenges inherent in chatbot integration projects and identifies key operational factors for successful chatbot projects, as well as highlighting issues of strategic significance. Different technology adoption and project management models are explored, analysed, and applied in the context of chatbot implementation, and based on an in-depth case study, a model is put forward to aid the manageability of chatbot implementation in other similar environments.


Author(s):  
Galyna Nesterenko

This chapter deals with self-organization teaching technologies as the best instrument of generating, development and using of the innovative methods in education. As a process of spontaneous, dynamic motion of the components of a socio-system, self-organization can randomly generate new (often attractive) structures, processes, and situations. Self-organization of a student group can generate new techniques and ideas for learning and under the knowledge contents also increases students' motivation to learn, interest to the discipline, encourages teachers to professional self-development and to a deeper understanding of the subject matter and techniques. The section suggests several key ways to initiate the self-organization of a group of students or teachers: heuristic methods, interdisciplinary explication, educational heterosis, developing of managerial competencies of a teacher. Factors enhancing the use of self-organizational teaching technologies are disclosed.


1973 ◽  
Vol 99 (2) ◽  
pp. 107-130
Author(s):  
H. F. Purchase

The Council of the Institute has for some time thought it would be advisable that members should have the opportunity of discussing the difficult problems of professional conduct and practice at a sessional meeting, particularly since the report on the subject by the Monopolies Commission (A report on the general effect on the public interest of certain restrictive practices so far as they prevail in relation to the supply of professional services. Cmnd. 4463). Hence this present paper.Although the paper has been written by the present Chairman of the Institute's Professional Guidance Committee, and the main arguments are in general line with the views of that committee and of Council, the emphasis given to various points and the views on the detailed contents must be regarded as personal to the author.


Author(s):  
Alan Dignam ◽  
John Lowry

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter deals with the regulatory regime governing corporate rescue and liquidations. It first considers two procedures that were introduced by the Insolvency Act 1986 aimed at implementing the objective of corporate rescue: the administration order and the company voluntary arrangement, the former of which has been fundamentally reformed by the Enterprise Act 2002. It then discusses voluntary winding-up by companies, members, and creditors under the 1986 Act, as well as the grounds on which the court may initiate compulsory winding-up. The chapter also examines the consequences of a winding-up petition on dispositions of company property; winding-up in the public interest; the duties and functions of the liquidator; provisions allowing avoidance of transactions entered into prior to liquidation; the personal liability of directors under the Insolvency Act 1986; and distribution of surplus assets following liquidation. Finally, it outlines a number of amendments to the 1986 Act.


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