Peculiarities of qualification of criminal offenses against movement safety and transport operation: a review of judicial practice.

The article reviews some court decisions, which highlight the key features of the assessment of criminal offenses against traffic safety and transport operation. Typical situations of committing criminal offenses of this type with the analysis of difficulties of qualification and further bringing a person to criminal responsibility are studied. In addition, attention is paid to the differentiation of legal liability, where the means of committing an offense or the subject is a vehicle, as well as highlighted key aspects related to the definition, type and nature of the act. Assessment of criminal offenses against traffic safety and transport operation under art. 286 of the Criminal Code of Ukraine should be based not only on the rules of substantive law, ie the law of Ukraine on criminal liability. Within the framework of criminal proceedings, the employee-practitioner is guided by the rules of the Criminal Procedure Code of Ukraine, which provides for the possibility of changing the assessment of a criminal offense, taking into account the available facts and circumstances. Regarding the existence of certain regulations governing the specifics of assessment and further pre-trial investigation into the commission of a criminal offense against traffic safety and transport operation, today the national justice system has formed judicial practice on this issue. However, it requires some generalization and identification of key points in the qualification of the investigated criminal offenses or further criminal proceedings. The decisive evidence in criminal proceedings concerning criminal offenses against traffic safety and transport operation is the experts’ conclusions from various types of examinations, which are appointed in these proceedings. In particular, auto-technical, auto-commodity, transport-trasological expert studies, which establish important circumstances for establishing the suspect’se guilt or innocence.

Audit of delays in the diversion of mentally disordered defendants under the Mental Health Act 1983/2007 at a liaison and diversion service in North West London

AimsTo ascertain the length of time defendants wait for a Mental Health Act assessment (MHAA) and where necessary, how long they are waiting for a hospital bed.BackgroundThe Liaison and Diversion Service in North West London (the Service) is provided by Central North West London Foundation NHS Trust (CNWL), Barnet Enfield Haringey (BEH) and Together to Willesden Magistrates Court in North West London.One of the core activities of the Service is diverting individuals from the criminal justice system to hospital under the Mental Health Act (MHA).The Code of Practice allows for a period of 14 days between the medical recommendation and conveyance to hospital. Defendants needing admission under MHA are remanded to custody if a bed is not available. This prevents them from receiving the assessment and care they need. We consider that all defendants found to be liable to detention under the MHA should be admitted to a hospital bed on the same day.MethodData were collected between October 2018 and February 2019. All patients referred for a MHAA were included. The time a MHAA was requested, took place as well as how long the defendant waited for a bed was noted.ResultA total of 42 MHAA were requested. 25 individuals were detained under Section 2 of the MHA 1983.The time between referral for a MHAA and the MHAA taking place was obtained in 25 of the 42 referrals. The range of times between a referral being made and the assessment taking placed varied between 1.5 hours and 22 hours. Two defendants were remanded overnight in prison as the MHAA could not take place on the same day as the referral.In the 25 cases where an application for detention under Section 2 of the MHA was made, beds were not available on the same day in 7 cases. In 4 cases defendants required remand in prison custody due to beds not being available.ConclusionThere were some limitations to this audit as data were not available for all 42 individuals referred for a MHAA.Individuals referred for MHAA by the Service had both medical recommendations completed within 5 days and those who required admission to hospital were admitted within 14 days of the recommendations being completed.Whilst these standards are being met, individuals referred for MHAA and those requiring admission to hospital are still facing remand to custody.

Contrastive Pragmatics and Second Language (L2) Pragmatics: Approaches to Assessing L2 Speech Act Production

This state-of-the-art paper discusses common approaches to the assessment of pragmatic competence. Two approaches have dominated the assessment practice in the field of second language (L2) pragmatics. One approach, rooted in the tradition of contrastive pragmatics, involves comparing and contrasting L2 learners’ pragmalinguistic forms with those of native speakers to determine whether L2 forms approximate native speaker forms. The other approach, rooted in the tradition of performance-based assessment, involves using a rating scale to evaluate L2 pragmatic performance based on multiple criteria (e.g., clarity of intention, formality level of expressions, and interaction abilities). Focusing on the area of speech act assessment, this paper presents an overview of these two approaches, highlighting their advantages and disadvantages. By doing so, the paper intends to illustrate the interface between contrastive pragmatics and L2 pragmatics. The paper concludes with critical insights in terms of what is missing in these approaches under the current trend of globalization and intercultural communication.

Non-presentation at hospital following a suicide attempt: a national survey

Background A few previous studies suggest that a large number of individuals do not present at hospital following a suicide attempt, complicating recurrence prevention and prevalence estimation. Methods Data were extracted from a regular phone survey in representative samples of the French population aged 18–75 years old. Five surveys between 2000 and 2017 collected data about the occurrence of a previous suicide attempt and subsequent care contacts. A total of 102,729 individuals were surveyed. Among them, 6,500 (6.4%) reported a lifetime history of suicide attempt. Results Following their last suicide attempt, 39.3% reported they did not present to hospital (53.4% in 18–24 year-olds), with limited changes in rates with time. Risk factors for non-presentation were being male [adjusted odds ratio = 1.3, 95% confidence interval (1.1–1.5)], living with someone [1.2 (1.0–1.4)], being a non-smoker [1.4 (1.2–1.6)], and being younger at time of attempt [0.97 (0.96–0.98) per year]. Of those who did not present to hospital, only 37.7% reported visiting a doctor or a psychiatrist/psychologist after their act v. 67.1% in those who presented to hospital (as a second health contact). In both cases, half disclosed their act to someone else. Prevalence rates of suicide attempts reported in community were 4.6 times higher than those in hospital administrative databases. Conclusions This survey at a national level confirmed that a large proportion of individuals does not go to the hospital and does not meet any health care professionals following a suicidal act. Assessment of unmet needs is necessary.

ETHICAL NORMS AS REGULATORS OF LABOR RELATIONS, AND UNSPORTING BEHAVIOR OF A TRAINER ON THE INTERNET AS A BASIS FOR TERMINATION OF A LABOR AGREEMENT

Aim. The purpose of the study is to establish the legal consequences of violation of ethical standards by employees and to determine the content of the misconduct committed by the trainer and considered as incompatible with the continuation of labor relations, including those in the Internet. Materials and methods. Study and logical analysis of legislative acts and court decisions on disputes on violation of professional ethics and misconduct incompatible with the continuation of labor relations; synthesis of concepts and theoretical provisions; generalization of the advanced experience of foreign countries. Results. The analysis of legislative acts and court decisions on disputes on violation of professional ethics and misconduct incompatible with the continuation of labor relations allowed us to determine the cases when ethical and moral standards can act as regulators of labor relations and also allowed to establish the criteria for misconduct committed by trainers on the Internet and being the basis for dismissal. Conclusion. In the guidelines of the Supreme Court of the Russian Federation, it is necessary to state a list of approximate criteria for assessing immoral misconduct committed by a trainer, including those in the Internet. These include: the employee's attitude to the committed act, including the possibility/probability of the recurrence of such behavior; time limitation of the commission of an act; assessment of the consequences of such behavior (whether this behavior led to violation or deterioration of discipline or the educational process); the attitude of colleagues and students towards misconduct; the recognition of obscenity and conflict with public morality in the actions of the employee. This conclusion is proved by the positive experience of foreign countries. It is unacceptable to publicize unethical behavior of employees without their written consent or to submit such cases for general discussion. In order to effectively regulate labor relations and observe ethical standards in professional activity, specific guidelines for Internet behavior should be included in the codes of professional ethics of trainers and teachers.

The Asthma Control Test (ACT) as Predictor of Asthma Exacerbation among Indonesian Hajj Pilgrims in 2018

Objective: Every year, millions of Muslims from around the world gather in Saudi Arabia to perform Hajj. Before leaving for pilgrimage, Indonesian pilgrims go through various health examinations in Regional Primary Health Center (Pusat Kesehatan Masyarakat/ Puskesmas). Since there was no existing research on Asthma Control Test (ACT) assessment for pilgrims with bronchial asthma to predict asthma exacerbations during Hajj pilgrimage period, this cohort study was conducted to fill this gap.Methods: Pilgrims who suffered from asthma were recruited in Daerah Khusus Ibukota (DKI) Jakarta Province region in 2018. The degree classification of asthma in the ACT group was determined as uncontrolled, partially controlled, and fully controlled. ACT scores were calculated in Puskesmas and embarkation. Observation of asthma exacerbations in pilgrims while performing Hajj was performed by doctors. Data were analyzed with SPSS for Windows.Results: A total of 68 participants were included (46 female [67.6%]; 45 aged <60 years [66.2%]). At embarkation, the asthma classification based on the ACT was as follows: 36 (52.9%) and 13 (19.1%) pilgrims had partially controlled and uncontrolled asthma, and 17 (47.2%) and 8 (61.5%) of each group experienced exacerbation, respectively, with p = 0.006 for the ACT values at embarkation. The area under the curve value was 0.717 (95% CI; 0.596-0.838).Conclusion: There was increased asthma exacerbation incidence in the uncontrolled and partially controlled ACT groups at embarkation compared to the fully controlled ACT group. The ACT score was able to predict the occurrence of acute asthma exacerbation during Hajj period.International Journal of Human and Health Sciences Vol. 04 No. 02 April’20 Page : 128-135