The use of digital technologies in pre-trip and post-trip medical examinations — the legal aspect

2021 ◽  
Vol 61 (8) ◽  
pp. 515-520
Author(s):  
Olesya V. Shcherbakova
Keyword(s):  
Legal Aspect ◽  
Point Of View ◽  
Pilot Studies ◽  
Administrative Control ◽  
Judicial Practice ◽  
Software And Hardware ◽  
Business Entities ◽  
Medical Examinations ◽  
Post Shift

One of the duties of an employee as a subject of labor legal relations is the obligation to undergo established pre-trip, pre-shift, and post-trip, post-shift medical examinations. The digitalization of all spheres of public life, the erasure of spatial boundaries, the development of artificial intelligence naturally change the procedure for conducting these types of medical examinations. The purpose of this article is to identify the main proposals for changing the procedure for carrying out these types of medical examinations, as well as to analyze their legality from the point of view of the current legislation. In the course of the study, the current legislation was analyzed, collisions, gaps and difficulties in its application by business entities were identified when organizing and conducting pre-shift, pre-trip and post-shift, post-trip medical examinations. The results of pilot studies and analysis of judicial practice on these issues are presented. The objects of research were the official websites of manufacturers of software and hardware systems used for conducting pre-shift, pre-trip and post-shift, post-trip medical examinations remotely. It is concluded that the remote method of conducting pre-trip, pre-shift, and post-trip, post-shift medical examinations does not comply with the law, as well as the need for administrative control over the quality of pre-trip, pre-shift, and post-trip, post-shift medical examinations.

scholarly journals EFFICIENCY OF STATE REGULATORY POLICY IN THE PERIOD OF COVID-19 PANDEMIC: ADMINISTRATIVE-LEGAL ASPECT

2021 ◽  
Vol 76 (3) ◽  
pp. 92-100
Author(s):  
Оleksandr Makarenko ◽  
◽  
Nataliia Makarenko ◽  
Keyword(s):  
Regulatory Policy ◽  
Legal Aspect ◽  
Legal Regulation ◽  
Constitutional Rights ◽  
Law Enforcement Agencies ◽  
Criminal Offenses ◽  
Local Government Level ◽  
The Government ◽  
Business Entities

The main scientific and practical results of the analysis of the legitimacy of the actions of the Cabinet of Ministers of Ukraine during the introduction of anti-epidemic measures to combat the COVID-19 pandemic are presented. The peculiarities of exercising the Constitutional rights of citizens and the possibility of restricting them in a lawful manner, the risks of corruption as a result of the introduction of certain restrictions by the government and the creation of grounds for abuse of power and official duties have been studied. It is proposed to introduce a compensation mechanism for business entities to minimize financial losses and mitigate the tax burden at the local government level, as well as options for legal regulation of the relevant activities of the Cabinet of Ministers of Ukraine as a central executive body. Established that in the current legislation, namely in the Constitution of Ukraine, there is only one way to restrict the rights of citizens who can only be implemented through a mechanism for adopting a special law or amendments to the current laws. It is proved that to ensure effective and transparent administrativelegal regulation of state regulatory policy during the implementation of anti-epidemic measures to combat the COVID-19 requires the improvement of individual laws and subordination regulations that will in detail the activities of representatives of power and law enforcement agencies during detection and fixing offenses, otherwise it will create the basis for the emergence of corruption relations and commit criminal offenses with simultaneous leveling of the effectiveness of anti-epidemic measures. According to the authors, it is advisable to predict the need for automatic introduction of certain compensation measures at the level of regions, subject to the introduction (continuation or introduction) of anti-epidemic measures to combat the COVID-19. It is confirmed that in the event of improving the relevant legal acts, the risk of corrupt legal relations will be reduced, increased quality of state regulatory policy during the introduction of anti-epidemic measures to combat the COVID-19 and created universal compensation measures for small and medium-sized businesses that will be able to quickly and effectively applied in a country's scale.

scholarly journals JUSTICE IN CRIMINAL LAW: MATERIAL OR IDEAL CATEGORY?

2020 ◽  
Vol 6 (4) ◽  
pp. 43-46
Author(s):  
M. V. Konovalchuk
Keyword(s):  
Criminal Law ◽  
Level Structure ◽  
World Order ◽  
Point Of View ◽  
Judicial Practice ◽  
Moral World ◽  
Material Substance ◽  
Principle Of Justice ◽  
Constitutional System

The article examines the criminal law principle of justice from the point of view of traditional philosophical thought, which assumes the division of the world into an ideal and material substance. As an example of the ideal substance of justice, the author suggests considering the moral world order, a particular manifestation of which should ideally be the constitutional system of a particular state. The material substance of justice, in the author's opinion, should be clearly refl ected in the norms of the criminal law. As a theoretical premise of the stated approach, the assumption is put forward that a person as a personal Creator and performer of law, passing through the idea of justice as a fundamental socio-philosophical, political and legal phenomenon, formulates the criminal law principle of justice. This approach plays an important methodological role in overcoming one-sided trends in the consideration of its nature and assumes its construction on the basis of a two-level structure that includes legislative and law enforcement elements. On the basis of the position put forward by the famous philosopher Thomas Aquinas on the requirements imposed on the law, analyzes the judicial practice and norms of the current criminal law for its compliance with the principle of justice. The thesis that its effective implementation is an indicator of the quality of the criminal law is substantiated.

scholarly journals The Relevance of Improving the Legal Framework for Penal Sanctions and Their Accounting

2019 ◽  
Vol 12 (1) ◽  
pp. 120-126
Author(s):  
V. G. Getman
Keyword(s):  
Legal Framework ◽  
Point Of View ◽  
Tax Legislation ◽  
Judicial Practice ◽  
Tax Audit ◽  
Business Entities ◽  
Contractual Obligations ◽  
A Minor ◽  
Penal Sanctions ◽  
Legal Entities

The subject of the researchis the procedure for imposing penalties on business entities.The relevanceof the paper lies in the fact that nowadays there is an urgent need to streamline the current legislation in the part of establishing the responsibility of organizations for breach of tax legislation, especially for lesser breaches punishable by minor fines usually appealed against by organizations involved thereby overloading the work of courts.The purpose of the researchwas critical assessment of individual legislative provisions relating to the imposition of minor fines on legal entities doing business in disputable situations, cases of which are often brought on to courts on the initiative of the heads of organizations. Judicial practice on them is not uniform. Regarding identical cases, some district arbitration courts decide in favor of business entities, while others support claims of tax authorities. Nor is the Russian Ministry of Finance always consistent in explanations on these issues in its official letters. In a number of cases, they happened to change their point of view regarding the fine imposing procedure for a quite opposed position. Therefore, there is a need to clarify certain rules of imposing fines on legal entities following the results of a field tax audit as well as for breach of contractual obligations.It is concludedthat the current tax legislation is imperfect in the part of imposition of penal sanctions. It is proposed to introduce a special provision about the penalty charged on the management of legal entities who loose disputable law breach cases in court followed by imposition of a minor fine. The procedure for accounting fines, penalties for breach of contractual obligations in corporate tax calculations is considered and its shortcomings are revealed. A new procedure for the accounting of penalties is proposed.

Evaluating the Feasibility of MAX: A Method Using Cards and a Board for Assessing the Post-Use UX

2015 ◽  
Vol 25 (09n10) ◽  
pp. 1759-1764 ◽  
Author(s):  
Emanuelle Cavalcante ◽  
Luis Rivero ◽  
Tayana Conte
Keyword(s):  
User Experience ◽  
Evaluation Methods ◽  
Point Of View ◽  
Behavioral Consequences ◽  
Pilot Studies ◽  
Software Application ◽  
Software Engineers

User Experience (UX) is an important attribute for the success and quality of a software application. UX explores how an application is used and the emotional and behavioral consequences of such use. Although several UX evaluation methods allow understanding the reasons for a poor UX, some of them are tedious or too intrusive, making the evaluation unpleasant. This paper presents the Method for the Assessment of eXperience (MAX), which through cards and a board assists software engineers in gathering UX data while motivating users to report their experience. We conducted two pilot studies to verify the feasibility of MAX, which showed that the method is useful for evaluating the UX of finished/prototyped applications from the point of view of users and software engineers.

scholarly journals Social and legal responsibility of educational subjects: approaches to understanding

2020 ◽  
Author(s):  
Д.А. Рылов
Keyword(s):  
Professional Development ◽  
Teaching Profession ◽  
Point Of View ◽  
Legal Responsibility ◽  
Professional Activity ◽  
Structural Components ◽  
Judicial Practice ◽  
Professional Development Of Teachers ◽  
Additional Education

Актуальность статьи обусловлена все возрастающим влиянием социальных проблем на образование. Ответственность как качество личности априори находится в центре деятельности профессионала. В системе ценностей образования, ответственность должна находиться на самом высоком уровне сформированности. Однако, как показывает судебная практика последнего десятилетия, претензий к образованию в виде гражданских и уголовных исков не уменьшается, а только увеличивается. Мы считаем, что одним из факторов этой негативной тенденции является отсутствие внимания к формированию социально-правовой ответственности у работников образования. Она не формируется ни в процессе обучения педагогической профессии ни позже в системе дополнительного образования. Цель статьи заключается в раскрытии понимания феномена ответственности, с точки зрения философского, социологического и экономического подходов. На основании компетентностного подхода выделены структурные компоненты социально-правовой ответственности, в рамках которых можно разработать систему для формирования данного феномена у работников образования. Статья предназначена для преподавателей педагогических вузов и организаций, осуществляющих повышение квалификации педагогических работников. The relevance of the article is due to the increasing influence of social problems on education. Responsibility as a quality of personality is, without no doubt, at the center of professional activity. In the system of values of education, responsibility should be at the highest level of formation. However, as the judicial practice of the last decade shows, claims to education in the form of civil and criminal lawsuits do not decrease, but only increase. We believe that one of the factors of this negative trend is the lack of attention to the formation of social and legal responsibility among educational workers. It is not formed either in the process of teaching the teaching profession or later in the system of additional education. The purpose of the article is to reveal the understanding of the phenomenon of responsibility from the point of view of philosophical, sociological and economic approaches. On the basis of the competence approach, the structural components of social and legal responsibility are identified, within which it is possible to develop a system for the formation of this phenomenon in educational workers. The article is intended for teachers of pedagogical universities and organizations that carry out professional development of teachers.

Colorimetric research of self-luminous objects in software and hardware environments by the method of multidimensional scales implementation

2020 ◽  
pp. 43-50
Author(s):  
Yauheniya N. Saukova
Keyword(s):  
Metrological Traceability ◽  
Point Of View ◽  
Intermediate Precision ◽  
Technical Vision ◽  
Wide Range ◽  
Chromaticity Coordinates ◽  
Unity Of Measurements ◽  
Software And Hardware ◽  
Luminous Objects ◽  
Reference Samples

It is shown that the issues of metrological traceability for extended self-luminous objects with a wide range of brightness have not yet been resolved, since the rank scales of embedded systems are used for processing digital images. For such scales, there is no “fixed” unit, which does not allow you to get reliable results and ensure the unity of measurements. An experiment is described to evaluate the accuracy of determining the intensity (coordinates) of the color of self-luminous objects. In terms of repeatability and intermediate precision compared to the reference measurement method, the color and chromaticity coordinates of self-luminous objects (reference samples) were determined by their multiple digital registration using technical vision systems. The possibilities of the developed methodology for colorimetric studies in hardware and software environments from the point of view of constructing a multidimensional conditional scale are determined.

DESIGN, SIMULATION AND IMPLEMENTATION MONITORING SYSTEM FOR SYSTEM CONTROL C4 FEEDING PUMP FOR FEED VAPORIZATION IN THE BUTADIENE PLANT

2020 ◽  
Vol 1 (1) ◽  
pp. 31-35
Author(s):  
Fahmi Yunistyawan ◽  
Yunistyawan J Berchmans ◽  
Gembong Baskoro
Keyword(s):  
Motor Control ◽  
Control System ◽  
Field Operator ◽  
System Control ◽  
Variable Speed ◽  
Variable Speed Drive ◽  
Software And Hardware ◽  
Discharge Pressure ◽  
Selection Of

This study implements the auto start control system on an electric motor 3 phase C4Feeding pump when the discharge pressure is low-low (4.3 kg /cm²). The C4 feeding pumpmotor was initially manually operated from the local control station, this was very ineffectiveand inefficient because it still relied on the field operator to operate the pump motor and whenthe plant was in normal operating it is very risk if the field operator late to operate motor then itwill impact to quality of the product, and if the delay time to operate motor is too long then planthave to shut down, therefore improvement is needed in the C4 feeding pump motor controlsystem. In this paper, various types of 3-phase motor control are explained which allow it to beapplied to the C4 feeding pump motor that are on-off, inverter, and variable speed drive andefficient selection of the three systems control of the motor. Software and hardware used in thisthesis work are DCS CENTUM VP Yokogawa.

Feasibility and Clinical Implications of Remotely Guided Ultrasound Examinations

2020 ◽  
Vol 91 (7) ◽  
pp. 592-596
Author(s):  
Quinn Dufurrena ◽  
Kazi Imran Ullah ◽  
Erin Taub ◽  
Connor Leszczuk ◽  
Sahar Ahmad
Keyword(s):  
Clinical Utility ◽  
Regional Wall Motion ◽  
Subjective Assessment ◽  
Clinical Implications ◽  
Pilot Studies ◽  
Objective Quality ◽  
The Us ◽  
Regional Wall Motion Abnormalities ◽  
Wall Motion Abnormalities

BACKGROUND: Remotely guided ultrasound (US) examinations carried out by nonmedical personnel (novices) have been shown to produce clinically useful examinations, at least in small pilot studies. Comparison of the quality of such exams to those carried out by trained medical professionals is lacking in the literature. This study compared the objective quality and clinical utility of cardiac and pulmonary US examinations carried out by novices and trained physicians.METHODS: Cardiac and pulmonary US examinations were carried out by novices under remote guidance by an US expert and independently by US trained physicians. Exams were blindly evaluated by US experts for both a task-based objective score as well as a subjective assessment of clinical utility.RESULTS: Participating in the study were 16 novices and 9 physicians. Novices took longer to complete the US exams (median 641.5 s vs. 256 s). For the objective component, novices scored higher in exams evaluating for pneumothorax (100% vs. 87.5%). For the subjective component, novices more often obtained clinically useful exams in the assessment of cardiac regional wall motion abnormalities (56.3% vs. 11.1%). No other comparisons yielded statistically significant differences between the two groups. Both groups had generally higher scores for pulmonary examinations compared to cardiac. There was variability in the quality of exams carried out by novices depending on their expert guide.CONCLUSION: Remotely guided novices are able to carry out cardiac and pulmonary US examinations with similar, if not better, technical proficiency and clinical utility as US trained physicians, though they take longer to do so.Dufurrena Q, Ullah KI, Taub E, Leszczuk C, Ahmad S. Feasibility and clinical implications of remotely guided ultrasound examinations. Aerosp Med Hum Perform. 2020; 91(7):592–596.

COMBINATORIAL POLYNOMIALLY COMPUTABLE CHARACTERISTICS OF SUBSTITUTIONS AND THEIR PROPERTIES

2020 ◽  
Vol 7 (2) ◽  
pp. 34-41
Author(s):  
VLADIMIR NIKONOV ◽  
◽  
ANTON ZOBOV ◽  
Keyword(s):  
Mathematical Expectation ◽  
Point Of View ◽  
Small Range ◽  
Computational Point ◽  
Wide Range ◽  
Bijective Function ◽  
The Difference ◽  
Element Base ◽  
Selection Of

The construction and selection of a suitable bijective function, that is, substitution, is now becoming an important applied task, particularly for building block encryption systems. Many articles have suggested using different approaches to determining the quality of substitution, but most of them are highly computationally complex. The solution of this problem will significantly expand the range of methods for constructing and analyzing scheme in information protection systems. The purpose of research is to find easily measurable characteristics of substitutions, allowing to evaluate their quality, and also measures of the proximity of a particular substitutions to a random one, or its distance from it. For this purpose, several characteristics were proposed in this work: difference and polynomial, and their mathematical expectation was found, as well as variance for the difference characteristic. This allows us to make a conclusion about its quality by comparing the result of calculating the characteristic for a particular substitution with the calculated mathematical expectation. From a computational point of view, the thesises of the article are of exceptional interest due to the simplicity of the algorithm for quantifying the quality of bijective function substitutions. By its nature, the operation of calculating the difference characteristic carries out a simple summation of integer terms in a fixed and small range. Such an operation, both in the modern and in the prospective element base, is embedded in the logic of a wide range of functional elements, especially when implementing computational actions in the optical range, or on other carriers related to the field of nanotechnology.

Physical capital stock, technological upgrading and modernisation in Hungary

2005 ◽  
Vol 55 (2) ◽  
pp. 201-221 ◽  
Author(s):  
Andrea Szalavetz
Keyword(s):  
Capital Accumulation ◽  
Physical Capital ◽  
Developed Countries ◽  
Point Of View ◽  
Technology Generation ◽  
Development Policies ◽  
Specific Factors ◽  
Physical Capital Accumulation

This paper discusses the relation between the quality and quantity indicators of physical capital and modernisation. While international academic literature emphasises the role of intangible factors enabling technology generation and absorption rather than that of physical capital accumulation, this paper argues that the quantity and quality of physical capital are important modernisation factors, particularly in the case of small, undercapitalised countries that recently integrated into the world economy. The paper shows that in Hungary, as opposed to developed countries, the technological upgrading of capital assets was not necessarily accompanied by the upgrading of human capital i.e. the thesis of capital skill complementarity did not apply to the first decade of transformation and capital accumulation in Hungary. Finally, the paper shows that there are large differences between the average technological levels of individual industries. The dualism of the Hungarian economy, which is also manifest in terms of differences in the size of individual industries' technological gaps, is a disadvantage from the point of view of competitiveness. The increasing differences in the size of the technological gaps can be explained not only with industry-specific factors, but also with the weakness of technology and regional development policies, as well as with institutional deficiencies.

Sign in / Sign up

Export Citation Format

Share Document