scholarly journals Managed entry agreementsas a new legal framework for access to medicines

Author(s):  
Oleksandr Zosymenko

Key words: managed entry agreements, availability of medicines, original medicines,purchase of medicines, medicinal immunobiological drugs The article concerns the new provisions of national legislativea legal mechanism for access to medicines, namely managed entry agreements. Theuse of managed entry agreements in European contract practice is widespread.Ukraine, in responding to the COVID-19 pandemic, has reviewed the legal mechanismsfor access to medicines contained in national legislation and had taken the firststeps towards implementing managed access agreements.Ukrainian legislation did not contain such a concept as a managed entry agreementby March 2020, and such agreement was never used in Ukrainian contract practicefor the purchase of medicines. On March 17, 2020, changes were made to the nationallegislation, namely the Law of Ukraine «On amendments to certain laws ofUkraine aimed at increasing the availability of medicines, medical products and theiraccessories, which are purchased by the person authorized to carry out purchases inthe field of health care» which were amended, in particular, to the Law of Ukraine«Fundamentals of the legislation of Ukraine on health care» and supplemented by article791 of which a managed entry agreement to national legislation was introduced. The provision of Article 79-1 of the Fundamentals of the legislation of Ukraine onhealth care regarding the parties, subject matter, content of managed entry agreementsis analysed.January 27, 2021, the Cabinet of Ministers of Ukraine adopted a decision approvingthe procedure for the negotiation, execution, modification and termination ofmanaged entry agreement. A standard form of agreement for a managed entry agreementhas been approved. The managed entry agreements procedure has been introducedin Ukraine February 15, 2021.The legal and regulatory provisions concerning managed entry agreements havebeen analysed and highlighted their particularities.

Author(s):  
Fengqiao Yan ◽  
Daniel Levy

The private education law, promulgated on December 28, 2002, is China’s first national legislation on private education. The law covers all educational levels, although we are focusing on the three articles (16, 53, and 55) that cover higher education. The law’s main thrust concerning higher education is to provide a legal framework to facilitate private growth and initiate a longer process to accredit, merge, dismantle, and change institutions at that level.


2021 ◽  
Vol 2 (48) ◽  
pp. 49-55
Author(s):  
Y. M. Malihon ◽  
◽  
O. V. Motailo ◽  

The article aims at studying the features of the legal regulation on the state personnel policy in the field of health care in Ukraine. It is determined that the creation of a legal framework for the effective functioning and development of the state personnel policy as for the healthcare system is a priority for improving the effectiveness of the healthcare industry. The article analyzes the existing legal regulation on improving the staffing of the healthcare system in Ukraine, namely: articles of the Constitution of Ukraine, provisions of the Labour Code, articles of the Law of Ukraine «On Employment», articles of the Law of Ukraine «On Collective Bargaining Agreements», articles of the Law of Ukraine «On Labour Protection», provisions of the Law of Ukraine «On Vacations», articles of the Law of Ukraine «On Labour Remuneration», provisions of the Law of Ukraine «Fundamentals of Legislation of Ukraine on Health Care», and provisions of the Law of Ukraine «On Improving the Accessibility and Quality of Healthcare in the Countryside». It is determined that the Labour Code of Ukraine is the main source of employment and labour law and the state regulation of labour relations, regardless of the industry. The main elements (features) of a collective bargaining agreement are studied, namely: individual and personal feature, organizational feature, material feature, regulatory feature, subject feature. The principles of state policy in the field of labour protection are determined. The Ministry of Health orders for 2020 – early 2021 on personnel policy issues in the field of health care are analyzed, conclusion is made that the Ministry of Health, being an immediate subject in the case, is highly interested in the creation of a legal framework on the state personnel policy as for the healthcare system in Ukraine.


2021 ◽  
Vol 04 (02) ◽  
pp. 38-46
Author(s):  
Malihon Yuliia Malihon Yuliia ◽  
Motailo Oleksii Motailo Oleksii ◽  
Avtomieienko Alla Avtomieienko Alla

The purpose of the article is to study the features of regulatory and legal regulation of state personnel policy in the field of health care in Ukraine. The article determines that the formation of the legal framework for the effective functioning and development of state personnel policy of the health care system is a priority for improving the efficiency of the medical sector. The article analyzes scientific developments on improving the staffing of the health care system in Ukraine, in particular: articles of the Constitution of Ukraine, provisions of the Labor Code, articles of the Law of Ukraine "On Employment", articles of the Law of Ukraine "On Collective Bargaining", articles Law of Ukraine "On labor protection", provisions of the Law of Ukraine "On vacations", articles of the Law of Ukraine "On remuneration", provisions of the Law of Ukraine "Fundamentals of legislation of Ukraine on health care", provisions of the Law of Ukraine "On improving accessibility and quality of health care" in the countryside. " It is determined that the main source of labor law and state regulation of labor relations, regardless of the industry, is the Code of Labor Laws. The main elements (features) of the employment contract are studied, namely: individual-personal feature, organizational feature, material feature, regulatory feature, subject feature. The principles of state policy in the field of labor protection are determined. An analysis of the orders of the Ministry of Health for 2020-early 2021 on personnel policy in the field of health care, which confirmed the interest of the direct entity in the form of the Ministry of Health of Ukraine in the formation of regulatory framework for personnel policy of the health care system of Ukraine. Keywords: health care system, normative-legal provision, laws, codes, personnel policy, state regulation.


2003 ◽  
Vol 141-142 ◽  
pp. 301-344 ◽  
Author(s):  
Teresa Pica ◽  
Gay N. Washburn

This study sought to identify and describe how negative evidence was made available and accessible in responses to learners during two classroom activities: a teacher-led discussion, which emphasized communication of subject matter content, and a teacher-led sentence construction exercise, which focused on application of grammatical rules. Data came from adult, pre-academic English language learners during six discussions of American film and literature, and six sets of sentence construction exercises. Findings revealed little availability of negative evidence in the discussions, as students' fluent, multi-error contributions drew responses that were primarily back-channels and continuation moves. Greater availability and accessibility of negative evidence were found in the sentence construction exercises, as students were given feedback following their completion of individual sentences. Results from the study suggested several pedagogical implications and applications.


Mathematics ◽  
2021 ◽  
Vol 9 (3) ◽  
pp. 238
Author(s):  
Yuna Hur ◽  
Jaechoon Jo

A significant amount of digital cultural contents is shared online, but learners do not know where subject matter content is or how to find it. Therefore, there is a need for a service to improve educational quality by effectively providing relevant information in response to searches for content that is useful to learners. This study developed and tested the usability and utility of an intelligent information system that effectively searches and visualizes digital cultural contents. The system collects data on digital cultural contents, automatically classifies them, and creates content triple data to automatically display the results with a 3D timeline, knowledge network map, and keyword relation network map through content search, triple search, and keyword search. We also conducted a survey and in-depth interviews to verify users’ satisfaction with respect to the use and utility of the system. For the experiment, we developed survey questions to measure user satisfaction and conducted in-depth interviews regarding the system’s utility with a total of 65 subjects. The results show that the response for satisfaction with regard to the use and utility was generally “satisfied”. In addition, the system stability was evaluated as “high”.


2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.


2013 ◽  
Vol 95 (889) ◽  
pp. 83-127 ◽  
Author(s):  
Alexander Breitegger

AbstractEnsuring respect for, and protection of, the wounded and sick and delivery of health care to them were at the origin of the Red Cross and Red Crescent Movement, as well as the development of international humanitarian law (IHL). In today's armed conflicts and other emergencies, the problem is not the lack of existing international rules but the implementation of relevant IHL and international human rights law (IHRL) which form a complementary framework governing this issue. Against the backdrop of the different manifestations of violence observed by the ICRC in the field and expert consultations held in the framework of the Health Care in Danger Project, this article identifies commonalities between the two legal regimes, including with respect to obligations to provide and facilitate impartial health care; prohibitions of attacks against wounded and sick and health-care providers; prohibitions to arbitrarily obstruct access to health care; prohibitions to harass health-care personnel, in violation of medical ethics; or positive obligations to ensure essential medical supplies and health-care infrastructure and protect health-care providers against violent interferences by others. The article concludes by indicating certain areas where implementation of existing IHL and IHRL is needed, including in domestic normative frameworks, military doctrine and practice, as well as training of health-care personnel on these international legal frameworks and medical ethics.


2018 ◽  
Vol 60 (2) ◽  
pp. 221-232
Author(s):  
Tareq Na’el Al-Tawil ◽  
Prabhakar Gantasala ◽  
Hassan Younies

Purpose This paper aims to discuss the benefits and disadvantages of the law on the expansion of the jurisdiction of the Dubai International Financial Centre (DIFC) Court. The major role of DIFC Courts in the Arab community is to handle cases related to commerce and business. For a long time, the court had been acting only in their geographical area until a new law was enacted to extend their jurisdiction all over the world. Afterward, a lot of criticism emerged as for why and how the court will benefit from such actions. The law has drawn a harsh response, although most benefits have also been experienced since the court received quite a large number of new signings. Interaction at the world business forum has benefited the economy of Dubai thanks to the law. Design/methodology/approach The following study focuses on a description of such benefits and drawbacks. The study does not evaluate a factual process of expansion but indicates the most distinct evidence of positive, as well as negative consequences of the expansion. Findings It is appropriate to make a general comment on the fact that the expansion of DIFC Court is not sufficiently effective at the current stage. Needless to say, it contains numerous positive aspects, but the gaps are evidently essential because they place the entire Court in a hard circumstance. The Court does not have a well-developed legal framework for its new area of jurisdiction as long as its limited volume of prior precedent is a distinct sign of the Court’s dependence on the UAE’s Law. In such way, DIFC Court will not be able to address issues within new fields of jurisdiction, as it simply lacks an expertise and international law in its legal framework. Moreover, the jurisdiction over new areas of international business was not verified with a plain system of mediation, which is why a current expansion of DIFC Court has to be recognized as redundant. However, its advantages are tending to produce their effects provided that the Court manages to address its current problems. Originality/value The study has described the basic benefits and drawbacks of DIFC Court expansion. To speak about the main benefits, they can be depicted as appliance of the common law, unification of English language for proceedings, presence of a preliminary arbitration and guarantees of award enforcement. In a similar way, the drawbacks of the expansion have been issued. The study has identified such drawbacks as lack of international and sophisticated expertise, untested legal framework, strong influence of forum non conveniens, and existence of a limited volume of prior precedent. The paper has not assessed a success of a factual expansion of DIFC Court jurisdiction, but it has managed to fulfill its primary purpose. Thus, the paper has identified a certain tendency concerning the expansion.


2021 ◽  
Author(s):  
Alexander Ilsner

The legal status of victims of violent criminality has been in the spotlight during recent decades. The institutionalization of psychosocial assistance in criminal proceedings represents the temporary peak of this development. In this study, the author focuses on the legal innovation, analyzes it fundamentally (especially regarding the recently formulated § 406g StPO), and submits specific reform proposals correspondingly. This research includes four systematically structured chapters, which impart the essential features of the legal institution, elucidate the legal framework, and finally appoint considerations regarding its transfer into the law of civil procedure.


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