Suchergebnisse

Objective. To assess the inter-rater reliability between nurses and the convergent validity of the Appropriateness Evaluation Protocol (AEP) in the Turkish context. Methods. Two nurses applied the original AEP concurrently to a random subsample of 335 patient-days in internal medicine, general surgery, and gynaecology departments at a university hospital and a government teaching hospital, as a part of a larger study. Inter-rater reliability was tested by calculating overall agreement and specific agreements between nurse reviewers' AEP assessments. Validity was tested by comparing the assessments of the nurses based on the AEP with the implicit judgements of five expert physicians on a random subsample of 818 patient-days. Sensitivity, specificity, positive and negative predictive values of the AEP were calculated. Reliability and validity were also evaluated by the kappa statistic. Results. In the reliability test, there was a high level of agreement between the two independent raters applying the AEP appropriate agreement = 88.3 - 96.6%. In validity testing, the AEP had a sensitivity of 0.83-0.97, specificity of 0.62-0.80, and positive and negative predictive values of 0.84-0.88 and 0.73-0.95 respectively. Kappa coefficients in internal medicine and gynaecology indicated almost perfect agreement in reliability testing and moderate agreement in validity testing. In general surgery, the kappa coefficients showed substantial agreement in both tests. Conclusion. These results indicate that the AEP is a reliable and valid instrument to assess appropriateness of patient-days in Turkey.

Through an in-depth analysis of legislation and case law, as important sources of education law, this article casts light on the liabilities School Governing Bodies may incur whilst exercising their statutory functions. Focus is placed on the legislative framework in which school governance occurs as cooperative government not only challenges the manner in which power is exercised, but also the empowering statute in itself. To illustrate the dichotomy that exists between the ideals of democratic policies and the manner in which they are interpreted and implemented, emphasis is placed on the practical implication of democratic governance in public schools with reference to important concepts such as representation, partnerships, accountability and liability. These concepts are critically analyzed in deliberation with court rulings in order to ascertain a better understanding of the important role School Governing Bodies have to play in striving to turn South African public schools into thriving centres of excellence. ; https://doi.org/10.4102/td.v6i1.119

The article examines the issues related to amendments to the Criminal Code of Ukraine (hereinafter - the Criminal Code of Ukraine), among which the new version of Article 152 – "Rape" occupies a prominent place. Attention is drawn to the priority of the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence as a basis for legislation in this area. The problems and shortcomings of the implementation of European standards in national legislation, their impact on the change of psychological attitudes and the rejection of outdated stereotypes about violence are analyzed. Compared with the previous version of Art. 152 of the Criminal Code, this article, set forth in the Law of December 6, 2017 No. 2227-VIII, contains a new definition of rape, significantly expanded the objective side of the crime, there were also attempts to overcome the problem of domestic violence, increased responsibility for sexual crimes. According to the updated disposition of the article, in order to qualify an act as rape, it is fundamental not so much the use of force or threat of its use as the establishment of the victim's lack of consent to sexual intercourse. However, it can be said that such a definition is superficial and it is unknown exactly how the above-mentioned voluntary consent should be expressed. In addition, the legislator singled out the provisions on the grave consequences caused by rape and the commission of such a crime against a minor in some parts of Art. 152 of the Criminal Code. The new version of the article establishes liability for acts of a sexual nature against minors, regardless of the nature of the violence, the use of the victim's helplessness, deception or voluntary consent. But, unfortunately, despite the drastic changes in this area, there are points to which the legislator still needs to pay attention and correct inaccuracies. Because errors in the classification of such criminal offenses can be reported only if the maximum regulatory regulation of the ...

This research discusses and analyzes consumer protection in indonesia through product liability insurance mechanism. Insurance institution becomes important to transfer producer's liability risk for the products he produced for consumer's consumption or use, if consumers suffer accident and or loss because of consuming or using such product. In Indonesia, the intention to materialize legal effort of Consumer Protection has existed since 1998 with enactment of Law Number 8 of 1999 on Consumer Protection. To face business law development especially in insurance area which its impact on legal protection for consumers of product in general, at present it is necessary to have a reform and or regulation which certainly will be able to anticipate the development of business, in creating and implementing contracts in insurance business practices. The research method used in this research is normative-qualitative with comparative approach. The outcome of the research shows that product liability insurance has an important role in protecting consumers' interest in the current Indonesian society. This product liability insurance provides guarantee for consumers to receive compensation if the products being used cause injuries/loss, even such compensation is not only for the consumer who uses the product but also for bystanders when the product is being used. In mechanism of product liability insurance, producers have to pay premium for products insured which its value shall depend on quantity and type of product, risk level for products insured. ; peer-reviewed

Instructed theoretically by the critical discussion on the media's alignment with the institutions of power in societies, this study examines how the Greek legacy press framed the discussion over the crisis, by focusing on the bailout agreements Greece signed with the troika during the period 2010–2012. The analysis, following a three-step process in frames' detection, focuses on the associations of actors and their responsibility, causes, solutions and effects of the crisis and the bailouts, as appearing in the news texts studied, and reveals a de-contexualised neoliberal discourse articulated through three distinct frames: the dependency, the (non)liability and the austerity frame. The representations of the financial crisis in the newspapers studied largely echo the neoliberal voices and strengthen the hegemonic discourse over the necessity and inescapability of the bailout policies, feeding the 'masterframe' of the neoliberal vision of the crisis.

Man-made disasters like the Dutch Enschede Fireworks case often raise several questions; How did this happen? Who is responsible? How can we prevent this from happening again? And more important, who pays for the damages? Supervisors' liability has taken a different turn than was to be expected in the Netherlands. Municipality and state are not liable for failure of supervision on any basis. The Court appears to feel an aversion to state liability in man-made mass torts. This aversion can be explained by the fact that in almost all cases of failure of supervision the 'real cause' has to be found with the actual offender, not with the failing supervisor. Furthermore supervisors' liability might open the floodgate to claims. Even though the reluctance of the court to impose supervisors' liability can be elucidated, according to the above reasoning, the Dutch system is ambiguous when it comes to supervisors' liability. How do other jurisdictions deal with this? What are their judicial points of view with regard to supervisors' liability? Are there any emergent general rules for supervisors' liability or is the issue dealt with on a case by case basis? And does this make other systems, as indistinct as the Dutch system or not when we examine the Dutch fireworks case of Enschede? In this Article we will examine these issues and consider relevant legislation from three different European domestic jurisdictions. State liability throughout the Netherlands, the United Kingdom and Germany, will be compared in light of the Dutch Fireworks disaster.

This book gathers international and national reports from across the globe on key questions in the field of antitrust and intellectual property. The first part discusses the allocation of liability for infringement of antitrust laws between corporations and individuals. The book explores the criminal or administrative sanctions available against corporations, companies or group of companies, and individuals, such as employees or directors. A detailed international report explores the major trends and challenges in this field and provides an excellent comparative study of this complex and challenging subject. The second part examines whether intellectual property rights are sufficiently protected to ensure a fair return on investments made by manufacturers and distributors. This question comes at a time where distribution is facing deep and radical changes with the Internet. To what extent this is an opportunity or a threat to the sustainability of distribution systems of differentiated and IP protected goods is the question. This book brings together the current legal responses across a number of European countries and elsewhere in the world, all summarised and elaborated in an international report. The book also includes the resolutions passed by the General Assembly of the International League of Competition Law (LIDC) following a debate on each of these topics, which include proposed solutions and recommendations. The LIDC is a long-standing international association that focuses on the interface between competition law and intellectual property law, including unfair competition issues

This article describes the concept and forms of money laundering, crimes of money laundering in the Republic of Uzbekistan, their social risk, differences between money laundering and the classification of system and criteria of these crimes, the liability for money laundering and the fight against these type of crimes. Also, the study of the criminological description of the crime of money laundering, the analysis of international legal norms in the fight against money laundering as a subject of study in international and national law, as well as methods of combating money laundering and their prevention is to study the peculiarities of foreign experience in the practice of acquisition. At the same time, proposals were made to improve national legislation by analyzing the benefits of criminal activity, the content of the International Convention for the Suppression of Crimes, the way of practice and legislation of foreign countries and its advantages. The decisions of the FATF in ensuring cooperation between states in combating money laundering and the development of international standards, the recommendations of which reflect the international program to combat money laundering by individuals and legal entities using the capabilities of the financial system. In other words, the practical significance of the implementation of the FATF recommendations in the fight against money laundering schemes, laundering of proceeds from real criminal activities. Based on the recommendations of the FATF, opportunities for rapid response to crimes in this area have been provided.

In Master's thesis is analyzing illegal enrichment - an activity that is receiving increasing attention in field of international and national law. Before the law was passed, were set goals that mentioned composition, consolidated in the Criminal Code that would be able to manage the shadow business and income it generates, prevent individuals from illegally enriching themselves in the future and possibility to confiscate property received from illegal income. The main purpose of this work is to analyze composition of crime of illegal enrichment and application peculiarities of criminal liability. In first part of work, in order to better reveal characteristics of the offense of illegal enrichment, is analyzed the concept of crime, its development and sources of law that influenced formation of disposition. Reviewing regulation established in other countries and valued with what constitutional problems the states face applying the norm. The second part of work can be named as the most important, because the analysis of composition of illegal enrichment has been performed based on the legal doctrine, valid legal acts of the Republic of Lithuania and the case law of the Supreme Court of Lithuania. According to laws, the main concepts of constituent features of illegal enrichment were revealed, evaluated case law were presented potentially problematic aspects of qualification. The third part of work is dedicated to discuss formulation "the one who had" and the presumption of innocence. The final part deals with imposition of penalties and punitive measures in case law. Is discussed new bill on the confiscation of civil property, its relation to existing norms, and considering the prospect of future. When the CC was supplemented with norm of illegal enrichment, almost ten years later, it is noticeable that article still remains one of the most debated due to its legal construction and its manifestations of innocence presumption. Based on number of convictions, it appears that norm does not meet expectation of "effective and merciless" fight against crime, oligarchs, etc., which were declared at consideration and adoption stage of law. Dealing with possible situations of illegal enrichment, in practice there are endless issues which has not been discussed by the legislature or can yet be explained by case law. Both pre-trial investigation officers and courts face difficulties in proving the suspect's guilt. The person's inability to justify the available assets with legitimate income is not in itself sufficient factor to establish guilt, more the guilt must be proven by officers but not suspected person. The work is based on Lithuanian and foreign scientists opinions, various legal acts of Lithuania and foreign countries, the formed practices of the Lithuanian and European Court of Human Rights, resolutions of the Constitutional Court and reports of state institutions. The work presents an analysis of the article on illegal enrichment, is presented recommendatory conclusions.