scholarly journals Compliance of an Attorney’s Professional Profile with the Current Legislation

2020 ◽  
Vol 79 (4) ◽  
pp. 137-142
Author(s):  
О. Г. Юшкевич

The article is focused on the research of actual theoretical, regulatory and practical aspects of the attorney’s professional profile. It has been noted that an important step in choosing an attorney’s profession is to study the attorney’s professional profile as a comprehensive characteristic of advocacy with the description of specific features of this profession. The main scientific approaches to defining the concept of “professional profile” have been analyzed. It has been stated that the term of “professional profile” is understood as a detailed characteristic of the profession consisting of specific requirements for the person, who intends to be engaged in it in the future, necessary for the effective professional activity of an attorney. The emphasis has been placed on the fact that there is currently no universal definition of “professional profile”. Based on the analysis of the legal literature and provisions of the current legislation, the author has comprehensively studied the structural elements of the attorney’s professional profile, enshrined in the current legislation, taking into account the existing national standards of advocacy. The author has emphasized on the lack of legal enshrinement of such qualities of an attorney as justice, depth of thinking (ability to penetrate into the essence of facts) and breadth of mind (ability to cover a wide range of issues), adherence to principles, presence of own opinion and ability to defend it, memory, critical thinking, imagination, strength of will, independence, persistence, determination, categoricalness, persuasiveness, knowledge of the client’s psyche, anticipation of his possible reactions, oratory skills, accuracy, etc. It has been concluded that the compliance with the selected structural elements (standards) of the attorney’s professional profile will create a fundamental basis for sustainable development of the legal profession of Ukraine, to introduce effective conditions for a free and competitive environment at the legal market, and to bring Ukrainian laws closer to European legislation.

2017 ◽  
Vol 41 (S1) ◽  
pp. S463-S463
Author(s):  
F. Schultze-Lutter ◽  
S. Ochsenbein ◽  
S.J. Schmidt

IntroductionResilience and well-being have become commonplace and increasingly used terms in a wide range of scientific as well as mental health political contexts.ObjectivesThere is much confusion about the relationship of the two constructs: while some use well-being as a proxy measure of resilience, others treat one concept as a component of the other or see interchangeably one as the prerequisite of the other.AimsTo study the definition of these two concepts in relation to each other.MethodsLiterature review.ResultsBoth ‘resilience’ as well as ‘well-being’, have so far defied universal definition and common understanding of their respective measurement. Part of the confusion around these two concepts is the overlap in their components, in particular with regard to resilience and psychological well-being, and the lack of research on these concepts both by themselves, in relation to each other and in relation to other concepts like mental health, risk or protective (or promotive) factors.ConclusionOur critical and comparative inspection of both concepts highlights the need for more conceptual cross-sectional as well as longitudinal studies:– to uncover the composition of these constructs and to reach agreement on their definition and measurement;– to detect their potential neurobiological underpinnings;– to reveal how they relate to each other;– to determine the potential role of developmental and cultural peculiarities.Thus, the use of the terms resilience and well-being should always be accompanied by a brief explanation of their respective meanings and theoretical framework.Disclosure of interestThe authors have not supplied their declaration of competing interest.


2021 ◽  
pp. 74-100
Author(s):  
Galina N. Solntseva

Relevance of the article is due to the need to predict changes in the characteristics of traditional and new occupations with regard to development of information technologies and automation tools. The aim of the work is to identify the main areas of optimization and support of professional activities in the conditions of informatization based on the forecast of changes in conditions and situations of activity. Methods — theoretical analysis and systematization of ideas about the determinants of activity and their integration. Results. Stability and variability of professional activities are considered within the framework of situational approach, focused on the integration of external conditions and internal variables as the determinant of activities. The study clarifies the concept of activity conditions as characteristics of the environment. The definition of situation is limited to the relation of subjective interpretation and assessment of external conditions to evaluating personal resources in accordance with the purpose and actual experience, the mechanism of which is associated with reflexive regulation of activities. In accordance with the nature of subjective assessment of conditions, the types of situations are divided into ordinary and extreme. The situation is usual (standard) for a subject if the methods of action are well-established and assessed adequately, regardless of the conditions, which can be even dangerous, extreme and emergency. Unusual situations are characterized by a combination of novelty of conditions, on the one hand, and limited experience and resource assessment, on the other hand. According to the characteristics of resources (functional systems and the content of experience) it is suggested to distinguish between situations of tension, characterized by the need to act at the limit of one’s opportunities but within one’s experience, and situations of uncertainty. There are a number of arguments for limiting the notion of “uncertainty” and the corresponding situations to the characteristics of the internal subjective sphere, the source of which are components of activity, not elements of the environment. In situations of uncertainty, it is suggested to distinguish between the situations of problem solving and decisions making, actions that differ in psychological mechanisms, and to consider risk situations as a subcategory of decision making. The systemization of situations formed the basis for the forecast of their changes for traditional and new occupations in the context of advanced information technology, as well as the definition of the directions of software support for action and ensuring the preparedness. Conclusions. The probability of extreme and emergency situations involving danger for people is unlikely to change. Dangerous situations in professional environments can start to be assessed as ordinary if one forms an adequate concept of conditions and one’s own resources (readiness) by using training systems, including virtual reality tools. Information security problems are being studied intensively, both in terms of theoretical analysis of information environment characteristics and in the development of software protection and minimization of danger. It seems possible to reduce the situations of extreme. Minimizing problem situations can be obtained by creating experience and reducing uncertainty. In decision-making and risk situations it can be obtained through software and technical support for the choice and automation of assessment operations. The possibilities of using software and technology to reduce tension will also be expanded through automation of cognitive and executive operations, alignment of their parameters with the subject’s mental capabilities, formation of skills allowing one to work in a wide range of situations.


2020 ◽  
Vol 41 (Supplement_2) ◽  
Author(s):  
J Neumann ◽  
N.A Soerensen ◽  
T.S Hartikainen ◽  
P.M Haller ◽  
J Lehmacher ◽  
...  

Abstract Background In the Universal Definition of Myocardial Infarction (MI) myocardial injury was introduced as a specific diagnosis in patients with elevated troponin concentrations, but without evidence of acute myocardial ischemia. However, their differentiation within the acute setting might be challenging. Therefore, we sought to investigate a multibiomarker panel in these patients and determine the discriminative capacity to differentiation MI from myocardial injury. Methods We use a cohorts of acute patients presenting to the emergency department. All final diagnoses were adjudicated by two physicians in a blinded fashion and based on the fourth universal definition of MI. In case of disagreement a third physician referred. For the present analyses only patients diagnosed with MI or myocardial injury were used. A panel of 28 biomarkers was measured in blood samples collected directly at admission. Spearman correlations were calculated. A multivariable logistic regression model using MI as the dependent variable was used and the predictors were chosen via backward step-back selection. Odds ratios (OR) were calculated for each predictor. Results We included 359 patients; 138 were diagnosed as having MI and 221 has having myocardial injury. The median age of the study population was 73 years and 59.1% were males. Hypertension was diagnosed in 80.4%, dyslipidemia in 45.4% and diabetes in 19.0%.The biomarker panel showed a wide range of correlations (Figure 1). In the multivariable model five logarithmized biomarkers (N-terminal prohormone of brain natriuretic peptide [OR 0.62], pulmonary and activation-regulated chemokine [OR 0.51], tumor-necrosis-factor-receptor 2 [OR 2.22], copeptin [OR 1.59] and high-sensitivity troponin I [OR 1.80]) were significant discriminators between MI and myocardial injury. Internal validation of the model via bootstrap shows a for overoptimism corrected area under the curve of 0.84. Conclusion In the multivariable model five biomarkers were discriminators between MI and myocardial injury. Spearman correlations Funding Acknowledgement Type of funding source: Public grant(s) – National budget only. Main funding source(s): Research fellowship by the Deutsche Forschungsgemeinschaft


Author(s):  
Denis Tikhomirov

The purpose of the article is to typologize terminological definitions of security, to find out the general, to identify the originality of their interpretations depending on the subject of legal regulation. The methodological basis of the study is the methods that made it possible to obtain valid conclusions, in particular, the method of comparison, through which it became possible to correlate different interpretations of the term "security"; method of hermeneutics, which allowed to elaborate texts of normative legal acts of Ukraine, method of typologization, which made it possible to create typologization groups of variants of understanding of the term "security". Scientific novelty. The article analyzes the understanding of the term "security" in various regulatory acts in force in Ukraine. Typological groups were understood to understand the term "security". Conclusions. The analysis of the legal material makes it possible to confirm that the issues of security are within the scope of both legislative regulation and various specialized by-laws. However, today there is no single conception on how to interpret security terminology. This is due both to the wide range of social relations that are the subject of legal regulation and to the relativity of the notion of security itself and the lack of coherence of views on its definition in legal acts and in the scientific literature. The multiplicity of definitions is explained by combinations of material and procedural understanding, static - dynamic, and conditioned by the peculiarities of a particular branch of legal regulation, limited ability to use methods of one or another branch, the inter-branch nature of some variations of security, etc. Separation, common and different in the definition of "security" can be used to further standardize, in fact, the regulatory legal understanding of security to more effectively implement the legal regulation of the security direction.


Author(s):  
Tim Rutherford-Johnson

By the start of the 21st century many of the foundations of postwar culture had disappeared: Europe had been rebuilt and, as the EU, had become one of the world’s largest economies; the United States’ claim to global dominance was threatened; and the postwar social democratic consensus was being replaced by market-led neoliberalism. Most importantly of all, the Cold War was over, and the World Wide Web had been born. Music After The Fall considers contemporary musical composition against this changed backdrop, placing it in the context of globalization, digitization, and new media. Drawing on theories from the other arts, in particular art and architecture, it expands the definition of Western art music to include forms of composition, experimental music, sound art, and crossover work from across the spectrum, inside and beyond the concert hall. Each chapter considers a wide range of composers, performers, works, and institutions are considered critically to build up a broad and rich picture of the new music ecosystem, from North American string quartets to Lebanese improvisers, from South American electroacoustic studios to pianos in the Australian outback. A new approach to the study of contemporary music is developed that relies less on taxonomies of style and technique, and more on the comparison of different responses to common themes, among them permission, fluidity, excess, and loss.


Author(s):  
P. A. Strelnikov

The article presents the results of the methodological analysis of the existing practice of University training in terms of graduates' integrated competencies. The analysis was carried out at the general philosophical (system and genetic approaches), general scientific (process-effect approach), specific scientific (competence, personal-activity and situation-problem approaches) and methodological and procedural levels (integrative and interdisciplinary approaches). Systemic shortcomings that impede the educational productivity of the existing training practice in terms of the efficiency of educational integration are identified and described. The definition of educational integration is given as the process of integration of individual competencies acquired by a student in the process of mastering individual disciplines into a single system totality, which is an integral tool for the graduate's professional activity.


Author(s):  
Branka Vulesevic ◽  
Naozumi Kubota ◽  
Ian G Burwash ◽  
Claire Cimadevilla ◽  
Sarah Tubiana ◽  
...  

Abstract Aims Severe aortic valve stenosis (AS) is defined by an aortic valve area (AVA) <1 cm2 or an AVA indexed to body surface area (BSA) <0.6 cm/m2, despite little evidence supporting the latter approach and important intrinsic limitations of BSA indexation. We hypothesized that AVA indexed to height (H) might be more applicable to a wide range of populations and body morphologies and might provide a better predictive accuracy. Methods and results In 1298 patients with degenerative AS and preserved ejection fraction from three different countries and continents (derivation cohort), we aimed to establish an AVA/H threshold that would be equivalent to 1.0 cm2 for defining severe AS. In a distinct prospective validation cohort of 395 patients, we compared the predictive accuracy of AVA/BSA and AVA/H. Correlations between AVA and AVA/BSA or AVA/H were excellent (all R2 > 0.79) but greater with AVA/H. Regressions lines were markedly different in obese and non-obese patients with AVA/BSA (P < 0.0001) but almost identical with AVA/H (P = 0.16). AVA/BSA values that corresponded to an AVA of 1.0 cm2 were markedly different in obese and non-obese patients (0.48 and 0.59 cm2/m2) but not with AVA/H (0.61 cm2/m for both). Agreement for the diagnosis of severe AS (AVA < 1 cm2) was significantly higher with AVA/H than with AVA/BSA (P < 0.05). Similar results were observed across the three countries. An AVA/H cut-off value of 0.6 cm2/m [HR = 8.2(5.6–12.1)] provided the best predictive value for the occurrence of AS-related events [absolute AVA of 1 cm2: HR = 7.3(5.0–10.7); AVA/BSA of 0.6 cm2/m2 HR = 6.7(4.4–10.0)]. Conclusion In a large multinational/multiracial cohort, AVA/H was better correlated with AVA than AVA/BSA and a cut-off value of 0.6 cm2/m provided a better diagnostic and prognostic value than 0.6 cm2/m2. Our results suggest that severe AS should be defined as an AVA < 1 cm2 or an AVA/H < 0.6 cm2/m rather than a BSA-indexed value of 0.6 cm2/m2.


Mathematics ◽  
2021 ◽  
Vol 9 (12) ◽  
pp. 1389
Author(s):  
Julia García Cabello ◽  
Pedro A. Castillo ◽  
Maria-del-Carmen Aguilar-Luzon ◽  
Francisco Chiclana ◽  
Enrique Herrera-Viedma

Standard methodologies for redesigning physical networks rely on Geographic Information Systems (GIS), which strongly depend on local demographic specifications. The absence of a universal definition of demography makes its use for cross-border purposes much more difficult. This paper presents a Decision Making Model (DMM) for redesigning networks that works without geographical constraints. There are multiple advantages of this approach: on one hand, it can be used in any country of the world; on the other hand, the absence of geographical constraints widens the application scope of our approach, meaning that it can be successfully implemented either in physical (ATM networks) or non-physical networks such as in group decision making, social networks, e-commerce, e-governance and all fields in which user groups make decisions collectively. Case studies involving both types of situations are conducted in order to illustrate the methodology. The model has been designed under a data reduction strategy in order to improve application performance.


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