Professional Competence and the Law

Author(s):  
Stewart Macaulay
2016 ◽  
Vol 11 (4) ◽  
pp. 46-53
Author(s):  
Гаврилин ◽  
Sergey Gavrilin

The article presents the results of sociological research reflecting opinion of the citizens of the Orel region on the activities of the law-enforcement bodies. It is shown that the lack of professional competence, immoral behavior of workers, the violation of laws by them, indifference to people, poor culture of communication reduce the credibility of law-enforcement bodies. It is determined that the inclusion of public opinion in the system of adjustments of the administrative practices of the law-enforcement bodies is aimed at increasing the credibility of the data structures among the population. Some recommendations to increase the level of population confidence of the region to the law-enforcement bodies are suggested.


2019 ◽  
Vol 12 (41) ◽  
pp. 102-108
Author(s):  
Andrea Slezáková

Abstract Special financial education is one of the components of a professional competence. The purpose of the regulation is to provide knowledge and skills to individuals so that the minimum requirements of the law are met, given the complexity and scope of the activities performed by financial agents and financial advisors. Objective of the special financial education is to form and deepen information related to regulation in the sector in which financial intermediation or financial advisory will be carry out.


2020 ◽  
Vol 15 (2) ◽  
pp. 37
Author(s):  
Dewi Ayu ◽  
Taufik Abdillah Syukur

The purpose of this study was to determine the Competence of Religious Educators based on Q.S. Al-‘Alaq's perspective on the Tafsir al-Misbah by M. Quraish Shihab. Research that uses the Pure library research method. The results of this study obtained data that the competence of religious educators in the Q.S. al-‘Alaq perspective of Tafsir Al-Misbah by M. Quraish Shihab consists of pedagogic competence, personality competence, social competence, and professional competence. This conclusion supports Article 10 of the Law of the Republic of Indonesia number 14 of 2005 concerning teacher competencies. Keywords: Competence, Religious Educator, Surat al-‘Alaq, Tafsir al-Misbah penelitian ini adalah untuk mengetahui Kompetensi Pendidik Agama berdasarkan Q.S. Al-Alaq perspektif tafsir al- Misbah karya M. Quraish Shihab. Penelitian yang menggunakan metode Pure library research. Hasil penelitian ini memperoleh data bahwa kompetensi pendidik agama dalam Q.S. al-‘Alaq perspektif tafsir al-Misbah karya M. Quraish Shihab terdiri dari kompetensi pedagogik, kompetensi kepribadian, kompetensi sosial, dan kompetensi profesional. Kesimpulan ini mendukung Pasal 10 Undang-Undang Republik Indonesia nomor 14 tahun 2005 tentang kompetensi guru. Kata Kunci: Kompetensi, Pendidik Agama, Surat al-‘Alaq, Tafsir al-Misbah


Among the primary tasks of increasing effectiveness of the law enforcement activity the most important is establishment of the system will allow to the agencies and units of the National Police with supervisory staff who have necessary qualities for successful acquirement of the law enforcement profession, and further, to keep their efficiency, to increase reliability, to develop a professional potential. Thus the article deals with modern approaches to the comprehension of professional competence and competencies of managers of police units, reveals their essence and structure. It presents the main components of professional competence of a police manager – planning and control, decisions making and responsibility, team work and motivating, stress tolerance, as well as marks psychological tools for studying the level and structure of professional competencies – structured interview, CV assessment, use of psycho-diagnostic methods etc. The material of the article will help to develop an integrated strategy of selection of supervisory staff of the National police within the framework of the concept of personnel policy, which will ensure the success of solving tactical tasks for the identification of professionally important qualities and evaluations of psychological suitability.


2020 ◽  
Vol 56 (2) ◽  
pp. 1-8
Author(s):  
Szymon Walter de Walthoffen

Introduction: The article presents laboratory diagnostics legal regulations in Poland. Laboratory diagnostician ability to perform “laboratory activities”, as well as the place where these activities are performed, is complicated in terms of the law. Laboratory diagnostics activities term, used in legal regulations, means an activity which is a health benefit and consists in examining the patient’s state of health and is a component of all diagnostic tests that can be carried out. The legislator has differently referred to health services for the scope of diagnostic tests, including laboratory tests performed in Poland by regulated professions, including medical professions. Aim of work: This article is a voice in the discussion on the need to amend the Act of 27 July 2001 on laboratory diagnostics, as well as statutory changes in other articles related to laboratory diagnostics. Description of the state of knowledge: Currently, applicable law may cause different interpretations of regulations. The same examination performed in medical entities may take a different name, may be performed in different places, and the competences to perform the same examination are different. Ambiguities in the law and misinterpretation can contribute to the deterioration of health services and thus may pose a threat to public health. Conclusions: It seems to be important to start a discussion on changes in the law that will use the correctly defined term “laboratory tests” and set the required minimum professional competence to perform laboratory tests, without violating constitutional law.


Author(s):  
Willem Hendrik Gravett

It is a sad fact that at most university law schools in South Africa, a student can graduate without ever having set foot in a courtroom, and without ever having spoken to, or on behalf of, a person in need of advice or counsel. The past several years have witnessed a swelling chorus of complaints that the current LLB curriculum produces law graduates who were "out of their depth" in practice. My purpose is to make a case for the inclusion in the LLB curriculum of a course in trial advocacy. This endeavour of necessity invokes the broader debate over the educational objectives of a university law school – a debate memorably framed by William Twining as the two polar images of "Pericles and the plumber". My thesis is that the education of practising lawyers should be the primary mission of the university law school. The first part of this contribution is a response to those legal academics who hold that the role of the law school is to educate law students in the theories and substance of the law; that it is not to function as a trade school or a nursery school for legal practice. With reference to the development of legal education in the United States, I argue that the "education/training" dichotomy has been exposed as a red herring. This so-called antithesis is false, because it assumes that a vocational approach is necessarily incompatible with such values as free inquiry, intellectual rigour, independence of thought, and breadth of perspective. The modern American law school has shown that such so-called incompatibility is the product of intellectual snobbery and devoid of any substance. It is also often said that the raison d'être of a university legal education is to develop in the law student the ability "to think like a lawyer". However, what legal academics usually mean by "thinking like a lawyer" is the development of a limited subset of the skills that are of crucial importance in practising law: one fundamental cognitive skill – analysis – and one fundamental applied skill – legal research. We are not preparing our students for other, equally crucial lawyering tasks – negotiating, client counselling, witness interviewing and trial advocacy. Thinking like a lawyer is a much richer and more intricate process than merely collecting and manipulating doctrine. We cannot say that we are fulfilling our goal to teach students to "think like lawyers", because the complete lawyer "thinks" about doctrine and about trial strategy and about negotiation and about counselling. We cannot teach students to "think like lawyers" without simultaneously teaching them what lawyers do. An LLB curriculum that only produces graduates who can "think like lawyers" in the narrow sense ill-serves them, the profession and the public. If the profession is to improve the quality of the services it provides to the public, it is necessary for the law schools to recognise that their students must receive the skills needed to put into practice the knowledge and analytical abilities they learn in the substantive courses. We have an obligation to balance the LLB curriculum with courses in professional competence, including trial advocacy – courses that expose our students to what actually occurs in lawyer-client relationships and in courtrooms. The skills our law students would acquire in these courses are essential to graduating minimally-competent lawyers whom we can hand over to practice to complete their training. The university law school must help students form the habits and skills that will carry over to a lifetime of practice. Nothing could be more absurd than to neglect in education those practical matters that are necessary for a person's future calling.


Author(s):  
V.A. Adolf ◽  
◽  
S.V. Shirokokh ◽  

Statement of the problem. The current stage of the development of higher education in the Russian Federation is inextricably linked with the systematic renewal of all elements of the education system, which is based on innovative pedagogical technologies that reflect the changes taking place in the fields of culture, economics, law, science, and technology. Innovative processes in the life of the state and society impose new requirements on the legal community as one of the foundations of a democratic rule of law state, as well as on educational institutions implementing professional educational programs of higher legal education. Therefore, there is a need to update the content of the professional competence of a lawyer, which should be formed among students as a result of mastering the educational program. A graduate of a law institute at the beginning of his professional activity should be ready to solve various legal situations, usually related to the application and implementation of legal norms. However, often in the process of studying at a university with a significant amount of professional knowledge taught, due attention is not paid to the development and consolidation of professional skills, primary experience of professional activity, including the field of law enforcement. The lack of research in pedagogical science, the object of which would be the law enforcement competence of a future lawyer as an integral part of professional competence, determined the relevance of this study. The purpose of the article is to determine the essence and structure of law enforcement competence, as well as its place in the professional activity of a lawyer. The article analyzes the correlation of the concepts of “professional” and “law enforcement” competence of a lawyer from the positions of various approaches, justifies the expediency of allocating the law enforcement competence of a future lawyer as an integral part of professional competence according to the Federal Educational Standard 40.03.01 Jurisprudence. Methodology (materials and methods). Analysis of the works of Russian and foreign researchers on the problem of training specialists in the field of jurisprudence; analysis of normative legal acts regulating the field of education, analysis and synthesis of the authors’ experience in training students of the appropriate specialization, as well as a survey of employers as representatives of the labor market made it possible to determine the special place of law enforcement as a type of activity in the structure of professional competence of a lawyer, as well as the component composition of law enforcement competence. Research results. The article provides an analysis of educational standards in the field of jurisprudence, substantiates the expediency of distinguishing law enforcement competence as an integral part of the professional competence of a lawyer, suggests the authors’ formulation of the concept of “law enforcement competence of a future lawyer”, and also defines its component composition. Law enforcement competence is characterized as a necessary type of activity aimed at forming the professional competence of a lawyer. Based on the general characteristics of modern professional tasks and related labor functions, which a future lawyer should be ready to perform, it is concluded that it is necessary to create special conditions aimed at forming the law enforcement competence of a future lawyer. Conclusion. At present, there is statistical processing of data obtained during a pedagogical experiment on the implementation of organizational and pedagogical conditions for the formation of law enforcement competence among future lawyers studying at a university. This experiment was conducted in the Law Institute of the Krasnoyarsk State Agrarian University.


2021 ◽  
Vol 66 ◽  
pp. 266-270
Author(s):  
V.V. Hetsko

The article examines the peculiarities of diplomatic service by citizens of Ukraine. It was found that in Ukraine the reform of the diplomatic service took place in fragments with the declaration of independence, at the same time with the adoption in 2018 of the Law of Ukraine "On Diplomatic Service" completed an important stage of its Europeanization. It is established that a diplomatic service is a civil service that has a special nature and content which consists in the professional activities of officials of the diplomatic service to implement Ukraine's foreign policy, protect the national interests of our country in international relations, and the rights and interests of Ukrainian residents abroad. Despite the innovative approaches enshrined in the Law of Ukraine "On Diplomatic Service" in the scientific literature is often criticized the diplomatic service in Ukraine in view of the specific conditions of its formation in the post-Soviet period, the preservation of Soviet diplomacy, including linear governance, limited circulation information, as well as the low level of its protection. It was established that given the specifics of the diplomatic service, it was important at the legal level to establish special requirements for applicants for the position, namely: special and general requirements of professional competence, compliance with general requirements for all civil servants, compliance with special requirements (higher education). master's degree), the appropriate level of professional competence, according to the requirements of the Ministry of Foreign Affairs of Ukraine, knowledge of foreign languages to the extent necessary for the performance of official duties, etc.). It is substantiated that the diplomatic service is a special type of public service and is characterized by the relevant specifics and increased requirements for persons applying to hold the positions of diplomatic officials. The peculiarity of the diplomatic service is due to the special tasks facing it, including the implementation of Ukraine's foreign policy, protection of national interests of our country in the field of international relations, as well as the rights and interests of Ukrainian residents abroad. In this regard, the requirements for applicants for diplomatic posts are divided into two groups: general (requirements for all civil servants) and special (for professional competencies due to the tasks assigned to the diplomatic service).


2008 ◽  
pp. 3
Author(s):  
Jim Peacock

The theme of the Law Society of Alberta's 100th Anniversary Conference was “Canadian Lawyers in the 21st Century.” The conference focused on four areas: Diversity and Demographics; Access to Legal Services; Professional Competence; and Regulation and the Legal Profession. It was a great success. From the opening night remarks of...


2015 ◽  
Vol 20 (3) ◽  
pp. 72-84 ◽  
Author(s):  
Paula Leslie ◽  
Mary Casper

“My patient refuses thickened liquids, should I discharge them from my caseload?” A version of this question appears at least weekly on the American Speech-Language-Hearing Association's Community pages. People talk of respecting the patient's right to be non-compliant with speech-language pathology recommendations. We challenge use of the word “respect” and calling a patient “non-compliant” in the same sentence: does use of the latter term preclude the former? In this article we will share our reflections on why we are interested in these so called “ethical challenges” from a personal case level to what our professional duty requires of us. Our proposal is that the problems that we encounter are less to do with ethical or moral puzzles and usually due to inadequate communication. We will outline resources that clinicians may use to support their work from what seems to be a straightforward case to those that are mired in complexity. And we will tackle fears and facts regarding litigation and the law.


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