scholarly journals The concept and essence of a legal conflict in the field of medical activity

2021 ◽  
pp. 136-140
Author(s):  
V.V. Zaborovsky ◽  
L.D. Nechiporuk ◽  
T.D. Horvat
Keyword(s):  
Continuous Improvement ◽  
Applied Research ◽  
General Structure ◽  
Treatment Method ◽  
Conflict Situation ◽  
Structural Method ◽  
Negative Consequences ◽  
Medical Activity ◽  
Conflict Situations ◽  
Legal Nature

This research is devoted to the disclosure of problematic issues related to the study of the legal nature of legal conflicts between subjects of medical legal relations, primarily to prevent the emergence of conflict situations, or to mitigate their consequences and suppress.Within the framework of this article, a theoretical and applied research was carried out to clarify the essence of the concept of «legal conflict», including in the context of medical activities, as well as the essence of such conflict situations and their specific features were analyzed. The position is argued according to which the occurrence of a legal conflict in the aspect of carrying out medical activities is the basis for protecting the rights of participants in medical legal relations, taking into account, first of all, that medical activity is inextricably linked with a sufficiently large number of potential grounds for patients to be dissatisfied with the provision of medical care, despite for continuous improvement of both the treatment method and the use of the latest treatment methods.To achieve this goal, the author applied methods characteristic of legal science. The study was carried out using the dialectical method of cognition of legal reality, provided an opportunity to analyze the essence of legal conflicts in the field of medical activity, while the use of the systemic-structural method made it possible to determine the general structure of the work, which contributed to the proper disclosure of the research objectives.Based on the study, the author comes to the conclusion that a legal conflict in the aspect of carrying out medical activities is a dynamic process, the existence of which implies the need to study the prerequisites for its occurrence, the essence of the conflict situation itself and the content of such a conflict, in order to prevent the possibility of their occurrence or mitigate their possible negative consequences.

scholarly journals INFORMATION TECHNOLOGY AND INFORMATION SECURITY OF ADVOCACY

2021 ◽  
Vol 37 (1) ◽  
pp. 131-139
Author(s):  
V.V. Zaborovskyy ◽  
Keyword(s):  
Information Security ◽  
Systems Analysis ◽  
Information Technologies ◽  
General Structure ◽  
Complete Solution ◽  
Synthesis Method ◽  
Structural Method ◽  
Professional Activities ◽  
Legal Nature ◽  
Nature Of Information

The article is devoted to the study of theoretical and practical problems that arise of the use of information technologies by a lawyer in the course of their professional activities, as well as issues related to ensuring information security of such activities. The purpose of this article is to reveal the complex relationship between the need to use the latest information technologies (analyzing the legal nature of the most common types of such technologies) and ensuring an appropriate level of information security for advocacy in general. To achieve this goal, the author used a set of methods that are characteristic of legal science. So, the use of the system-structural method made it possible to formulate a general structure, contributed to the complete solution of the tasks. The dialectical method made it possible to reveal the essence of information technologies in advocacy and analyze their main types. The method of systems analysis provided an opportunity to comprehensively investigate the legal nature of information security in advocacy and identify possible threats to such security, and the synthesis method was used when formulating conclusions and other theoretical provisions.

COMMUNICATIVE ECHO QUESTIONS IN UKRAINIAN DISCOURSE

2020 ◽  
pp. 9-17
Author(s):  
A. I. Artemenko
Keyword(s):  
Functional Role ◽  
Conflict Situation ◽  
Social Characteristics ◽  
Future Research ◽  
Interesting Phenomenon ◽  
Men And Women ◽  
Conflict Situations ◽  
Social Features ◽  
Linguistic Phenomenon ◽  
Echo Questions

This article researches communicative echo-questions in Ukrainian discourse. A communicative echo-question is a unique linguistic phenomenon which is used in the dialogue speech and has different pragmatic meanings and gives the speech communicative features. Communicative echo-questions are classified according to the pragmatic, structural and semantic aspects. They need the future research in Ukrainian discourse. Communicative echo-questions are a specific type of interrogative sentences, which repeat the previous phrase in the interrogative form and can follow different intentions. The research shows that communicative echo-questions can express indirect meanings of the communication and help resolve a conflict situation between speakers. In the research communicative echo-questions are identified on the basis of communicative relations between speakers. They can be used in different communicative situations of microdialogues. Communicative echoquestions can express politeness, rudeness, surprise and etc. The are divided into the following types, such as mental echo-questions, echo-questions which express surprise and echo-questions which are used for communicative pause. Echo-questions can be used by different groups of people, i.e. by men and women, old and young people, polite and rude persons etc. Echo-questions can be used in their speech to show their different inner state. It helps them to communicate positively avoiding conflict situations. Echo-questions are very interesting phenomenon which helps speakers to be polite with each other and communicate deeply. Social characteristics of echo-questions are also very important because they show different social features of situations and speakers with various status roles. Echo-questions help speakers to understand each other better and makes Ukrainian discourse more diplomatic. Pragmatic characteristics of communicative echo-questions show their functional role in Ukrainian discourse.

Jus Post Bellum and Foreign Direct Investment: Mapping the Debate

2015 ◽  
Vol 16 (4) ◽  
pp. 590-603 ◽  
Author(s):  
Eric De Brabandere
Keyword(s):  
Foreign Direct Investment ◽  
Direct Investment ◽  
Economic Security ◽  
Conflict Situation ◽  
The Other ◽  
Foreign Investors ◽  
Jus Post Bellum ◽  
Post Conflict ◽  
Conflict Situations ◽  
The One

Recent situations of States recovering from conflict show that foreign direct investment (FDI) act as a double-edged sword and are characterized by an inherent paradox. Indeed, on the one hand, post-conflict economic reconstruction and development requires and relies on FDI. On the other, rights granted to foreign investors before and during the post-conflict phase may result in a backlash for States recovering from conflict because rights granted to foreign investors have – besides the general tensions caused by such instruments – specific consequences in post-conflict situations due to the economic, security-related, social and demographic specificities of those situations. This article maps and charts the issues raised by FDI protection in post-conflict situations, and thus provides the context for the debate of the interaction between FDI regulation and post-conflict situation.

scholarly journals Socio-spatial conflicts caused by an unfavourable rural structure and out-of-date Land and Property Register

2017 ◽  
Vol 5 (1) ◽  
pp. 37-45 ◽  
Author(s):  
Agnieszka Głowacka ◽  
Tomasz Noszczyk ◽  
Jarosław Taszakowski ◽  
Józef Hernik
Keyword(s):  
Ownership Structure ◽  
Rural Areas ◽  
Agricultural Production ◽  
Exchange Process ◽  
Spatial Relations ◽  
Land Consolidation ◽  
Negative Consequences ◽  
Negative Effects ◽  
Small Surface ◽  
Conflict Situations

AbstractThis article addresses the issue of conflict situations caused by an out-of-date Land and Property Register (LPR) and the disadvantageous structure of rural areas in southern Poland. In this part of the country, holdings are very fragmented and scattered, made up of a large number of small surface area plots located far from the headquarters of the holding. The aim of the article is to present actions that can help improve rural spatial structure and validity of the land register. The authors have, therefore, analysed the problems that may result in both spatial and social conflicts. The following were analysed in particular: discrepancies between data in the LPR and the existing factual state, plots without access to public roads, property ownership structure, the necessity to regulate property boundaries, and problems with the procedure for taking land out of agricultural production. The article presents both positive and negative effects of the land consolidation and exchange process, modernisation of the Land and Property Register, and their impact on socio-spatial conflicts. Its results indicated that the land consolidation procedure and LPR modernisation have a significant impact on socio-spatial relations in rural areas. It has been found that despite the fact that both these activities may give rise to new disputes in addition to resolving conflicts, the overall balance is positive. It is because more positive aspects of these actions were found than negative consequences.

scholarly journals Marketing Communication of the Catholic Church – a Sign of the Times or Profanation of the Sacred?

Studia Humana ◽  
2018 ◽  
Vol 7 (2) ◽  
pp. 15-23 ◽  
Author(s):  
Sławomir Gawroński ◽  
Ilona Majkowska
Keyword(s):  
Catholic Church ◽  
Social Communication ◽  
Applied Research ◽  
Marketing Communication ◽  
Negative Consequences ◽  
Media Relations ◽  
The Media ◽  
The Times ◽  
The Church ◽  
The Catholic Church

Abstract The Catholic Church – though in popular opinion it is sometimes treated as a stronghold of conservatism, traditionalism, suspicion of progress and novelty, it changed significantly in the second half of the 20th century and continues to change its attitudes, especially in terms of the use of social communication and attitude to the media mass. The Church’s growing openness to media relations and the use of a rich instrumentation of social communication has become one of the reasons for the growing popularity of market orientation among the clergy and active believers, which opens opportunities for the development of the concept of a specific sectoral marketing formula of church marketing. In this article the authors search for the causes of the progressive phenomenon of the marketization of religion, present examples of the activities of the Polish Catholic church, inscribed in the church marketing trend, as well as define the negative consequences resulting from its dissemination. The applied research method is based on the literature analysis and case studies analysis.

scholarly journals STUDY OF “PUPIL – TEACHER” CONFLICT AT SCHOOL

2020 ◽  
pp. 194-199
Author(s):  
D. I. Popenkova ◽  
A. A. Nikolaeva
Keyword(s):  
Educational Institution ◽  
Conflict Situation ◽  
Educational Process ◽  
Point Of View ◽  
Educational Organizations ◽  
Pedagogical Approach ◽  
Conflict Situations ◽  
The Family ◽  
Educational Potential ◽  
Conflict Interaction

The article is devoted to the issues of conflict interaction in the “pupil – teacher” system in an educational institution. The purpose of the article is to consider the voiced problem through the prism of a socio-pedagogical approach, taking into account not only the state of society, but also the educational potential of the family, as well as the structure of the class team and the personal age characteristics of schoolchildren. Special attention has been paid to the negative side of the conflict, which affects the weak psyche of the pupil, as well as the mental health of the teacher, which ultimately worsens the psychological comfort at school and interferes the educational process. It has been shown that in conflict situation teacher`s behavior in most cases relates to such types of response as “repressive measures” and “ignoring the conflict”. In conflict situations in the “pupil – teacher” system, teachers use external suppression, as well as apply sanctions. Conflicts in the “pupil – teacher” system from the point of view of age characteristics of schoolchildren have been considered. The article is intended for employees of educational organizations and those interested in conflict issues.

scholarly journals Protests Mass Movements and Politicised Identities A Relook at Social Conflicts in Contemporary India

2021 ◽  
Vol 6 (1) ◽  
pp. 5-10
Author(s):  
Swati Mukherjee
Keyword(s):  
National Security ◽  
Environmental Issues ◽  
Conflict Situation ◽  
Limited Resources ◽  
Development Projects ◽  
Mass Movements ◽  
Basic Principles ◽  
Conflict Situations ◽  
Legislative Changes

In recent years India has been witnessing an upsurge of conflicts over myriad issues such as displacement related to development projects, legislative changes, claim over natural resources, environmental issues and the like. Though each conflict situation is unique and demands a detailed research exploration in its own right, the need for evolving a paradigm based on underlying commonalities and basic principles cannot be denied. Such a framework would facilitate not only the researchers, but also the policymakers, and has the potential to create pathways for conflict containment and resolution. Even a cursory perusal of the underlying dynamics of most conflicts at local, national or international levels indicates a contestation over limited resources that eventually transforms into contestations for power and identity. Many such conflicts often appear to undermine national security and are often construed as ‘anti-development’, ‘anti-establishment’ or even ‘anti-state’. The present paper posits that it is important to reveal the subtler processes of negotiation in a conflict situation, to understand conflict as a co-constructed social reality and to highlight the reciprocal impact made by the dynamics of such constructions on identities of the parties involved. Along with examining the role of identity dynamics in perpetuating conflicts, the paper argues for incorporating both identity and instrumental pathways in theorizing conflicts. Emphasising upon the role played by politicisation of identities in conflict situations, the paper proposes a theoretical model for deconstructing conflicts and working towards conflict resolution.

scholarly journals The concept of «conflict of interest» in the administrative law of the Russian Federation

2020 ◽  
Vol 15 (4) ◽  
pp. 118-129
Author(s):  
E. V. Okhotsky
Keyword(s):  
Conflict Of Interest ◽  
Well Being ◽  
Research Problem ◽  
Legal Regulation ◽  
Conflict Situation ◽  
The State ◽  
Negative Consequences ◽  
Conflict Of Interests ◽  
The Public ◽  
Interest Policy

Introduction. The analysis of the nature, conditions and reasons for the occurrence and practice of resolving (preventing and settling) conflict of interest issues is not only an important applied, but also significant research problem. Situations related to conflict of interest issues, both in the public-state and private sectors, have given rise not only to special scientific research, but also to legislative regulation and managerial practice. A number of countries have adopted special laws on conflict of interest policy norms, established office of state commissioner for conflict of interest policy, and introduced rules regulating employee conflict of interest policy.Materials and methods. The source of the research is regulatory, theoretical, educational, scientific, journalistic works by domestic and foreign authors. The theoretical and methodological basis is the dialectical-materialistic approach to the analysis of the essence of social phenomena, the laws of their development, the features of legal regulation and the controlling effect on them. The research tools are classical: comparative legal analysis, formal logical, concrete historical and system-functional methods. The results of the study. The article presents the author’s interpretation of the of “conflict of interests” concept. Its essence is a conflict situation between public law obligations and individual’s interests, which provokes situations in which the interests of one person lead to potential or real harm to the rights, freedoms and legitimate interests of others persons. Conclusion: the conflict of interests must be managed, which means that it is timely to identify, diagnose, objectively assess possible risks and negative consequences, take adequate organizational and legal measures to resolve the conflict situation. If a public servant does not serve, in accordance with his status and powers, the public and the state, but only cares about his/her own well-being, then such public employees must be dismissed from public office.Discussion and conclusion. Improving the mechanisms for identifying, qualifying, regulating the suppression and punishment of perpetrators, eliminating the negative consequences of breaching the conflict of interest policy are strategically important and rather difficult tasks that challenge not only the state, the law enforcement system and local authorities, but also business, civil society institutions and every citizen . Its solution requires systematic monitoring, comprehensive analysis, decisive and coordinated actions.

scholarly journals INTERNATIONAL FRANCHISE AGREEMENT

2019 ◽  
Vol 4 (5) ◽  
pp. 332
Author(s):  
Bohdan Stetsiuk ◽  
Yurii Miroshnychenko ◽  
Pavlo Dudko
Keyword(s):  
Practical Implication ◽  
Integrated Approach ◽  
Structural Method ◽  
Scientific Methods ◽  
Legal Method ◽  
Legal Nature ◽  
Analysis And Synthesis ◽  
International Regulations ◽  
General Scientific ◽  
Definition Of

The purpose of the article is to study the legal nature of the international franchise agreement, its types, essential conditions and peculiarities of its conclusion. The subject of the study is the international franchise agreement. Research methodology. The research is based on the use of general scientific and special-scientific methods and methods of scientific knowledge. The dialectical method allowed investigating the definition of the international franchise agreement and its essential conditions. The comparative legal method was used to compare doctrinal approaches to this issue. Interpretation of the content of international legal acts governing issues related to the conclusion of the international franchise agreement was realized with the help of the normative-dogmatic method. The system-structural method is used to study the international franchise agreement as a single whole (system) with the coordinated functioning of all its elements. The methods of grouping and classifying formed the basis for separating the list of conditions, which are necessary for the conclusion of this contract, as well as the provisions that should be included in the content of the agreement. Methods of analysis and synthesis helped to study some parts of this agreement to formulate further conclusions. Practical implication. The analysed recommendations of scientists and lawyers, as well as the provisions of international regulations, can be used when concluding an international franchise contract. Correlation/originality. The scientific novelty of the work consists of an integrated approach to the study of theoretical and practical issues related to the international franchise agreement.

scholarly journals “Omerta” in Organized Sport: Bullying and Harassment as Determinants of Threats of Social Sustainability at the Individual Level

2019 ◽  
Vol 11 (9) ◽  
pp. 2474 ◽  
Author(s):  
Jolita Vveinhardt ◽  
Vilija Bite Fominiene ◽  
Regina Andriukaitiene
Keyword(s):  
Social Sustainability ◽  
Structured Interview ◽  
Negative Consequences ◽  
Individual Level ◽  
Sports Organizations ◽  
Conflict Situations ◽  
Long Run ◽  
Service Training ◽  
The Individual ◽  
Bullying And Harassment

The interpretation of the evolutionary theory prevailing in sport, based on the approach that the strongest survive, varies with the rules inherent in the criminal world, forbidding to “take out” negative information about interrelationships, in this case, outside the team or group. Such traditionally established culture puts pressure on athletes to suffer from bullying and follow the “silence law”. In the long run, this turns into a precondition for unsafe environment for athletes, which, due to negative consequences for the individual, can be identified as threats to social sustainability at the individual level. Such a situation is also indirectly approved by the heads and coaches of organizations. The latter, who lack competencies to resolve conflict situations, are left to solve arising problems on their own and do not receive any support from the management of organizations. Therefore, the aim of this research is to reveal the factors determining the specificity, emergence, and development of bullying and harassment in sport as threats to social sustainability at the individual level. The research was conducted using a semi-structured interview method with eight coaches representing team, individual, and duel sport branches. Inductive content analysis served as the basis for the data analysis. Research results disclosed factors determining the specificity of emergence of bullying and harassment in sport and hindering the entrenchment of social sustainability in sport at the individual level. The results revealed the euphemisms distinguished by coaches, which, in sport, have a positive connotation, such as “combativeness” and “sports anger” instead of the term “aggression”. It was identified that coaches named aggressors as “harder players”, “confident players”, “active persons”, “players-torpedoes”, “emotional players”, and “competitive players”. Sports competition is justified in various forms. The emergence of bullying and harassment is grounded on “mastery differences”, it is stated that abusive actions are experienced by “physically weak” players, while physical actions used by athletes are called “mischief”; verbal actions are “raillery”. In addition, inadequate preparation of Lithuanian coaches to respond to bullying and harassment in their trained teams or groups on time and appropriately was identified. It turned out that sports organizations are not particularly interested in organizing trainings for prevention of destructive interrelations and intervention. Such kind of in-service training is left to the coach’s initiative.

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