scholarly journals Dual Living Transplant. The Analysis of Particular Case Based on Polish Legal Regulations

2019 ◽  
Vol 61 (1) ◽  
pp. 55-60
Author(s):  
Karolina Lipiec
Keyword(s):  
Human Life ◽  
Legal Protection ◽  
Legal Regulations ◽  
Related Factors ◽  
Health Impairment ◽  
Life Saving ◽  
Human Need ◽  
Basic Services ◽  
Polish Law ◽  
Hospital Equipment

Introduction: Human life is the superior value among all goods protected by law. Determined by many factors: from transmitted genes, through an individual lifestyle or diet, to socio-cultural factors, i.e. the environment in which a person lives, understood as a community to which he belongs or related factors with access to basic services, including healthcare. The last factor is particularly important in the event of a threat to human health or life. However, the legal protection of these values - despite the fact that it is legitimate – stands in contradiction with the natural, human need to help others. One of such cases is organ transplantation in a situation where a life-saving person would be exposed to serious health impairment or even death. Aim: The purpose of this article is to consider, on the basis of Polish law regulations, a hypothetical case in which a given donor, compatible for two different people, would be willing to donate his healthy organs - in this case both kidneys. Review and Conclusions: It turned out that this transplant is theoretically possible. Technical infrastructure and hospital equipment are also definitely adapted to this type of situation. Nevertheless, in practice, such procedures as double donation from a living donor are not performed. This is in contradiction with the usual medical ethics and regulations. The protection of the health and life of the donor is in this case a priority that cannot be put above others.

scholarly journals Legal Status of Animals in Poland

2021 ◽  
Vol 30 (3) ◽  
pp. 119-131
Author(s):  
Emil Kruk
Keyword(s):  
Legal Status ◽  
Human Life ◽  
Legal Protection ◽  
Social Awareness ◽  
Legal Regulations ◽  
Optimal Model ◽  
Legal Science ◽  
The Social ◽  
Human Attitude ◽  
The Way

The article is of a scientific and research nature and it is aimed primarily at outlining the legal status of animals and to what extent legal regulations governing this status determine the level of humane protection of animals in Poland. To achieve this goal, first of all, the concept of “animal” needed to be made more specific, the principle of dereification discussed and its normative scope outlined, and the characteristics of an animal as a specific tangible good needed to be presented. The need to address the issue is determined primarily by the awareness that the way of human life and human attitude to animals has been changing with the development of civilisation. In any case, the changes that have taken place in this area in recent decades make the title issue topical and conducive to verify previous findings. It is assumed that the research carried out will contribute to the development of an optimal model of legal protection of animals and to the development of legal science. The very dissemination of the results is to raise the social awareness of the legal status of animals, which is one of the conditions of further progress of civilisation.

Organisational aspects of spatial information infrastructure in Poland

2013 ◽  
Vol 62 (1) ◽  
pp. 85-95 ◽  
Author(s):  
Elzbieta Bielecka ◽  
Agnieszka Zwirowicz-Rutkowska
Keyword(s):  
Spatial Information ◽  
Information Infrastructure ◽  
Class Diagram ◽  
Use Case ◽  
Legal Regulations ◽  
Organisational Structure ◽  
Technical Aspects ◽  
Polish Law

Abstract One of the more important elements of spatial information infrastructure is the organisational structure defining the obligations and dependencies between stakeholders that are responsible for the infrastructure. Many SDI practitioners and theoreticians emphasise that its influence on the success or failure of activities undertaken is significantly greater than that of technical aspects. Being aware of the role of the organisational structure in the creating, operating and maintenance of spatial information infrastructure (SII), Polish legislators placed appropriate regulations in the Spatial Information Infrastructure Act, being the transposition of the INSPIRE Directive into Polish Law. The principal spatial information infrastructure stakeholders are discussed in the article and also the scope of cooperation between them. The tasks and relationships between stakeholders are illustrated in UML, in both the use case and the class diagram. Mentioned also are the main problems and obstructions resulting from imprecise legal regulations.

scholarly journals Assessment of knowledge of midwives about the scope of professional responsibility under the amended provisions of law

2014 ◽  
Vol 124 (1) ◽  
pp. 21-25
Author(s):  
Jarosława Belowska ◽  
Grażyna Dykowska ◽  
Zofia Sienkiewicz ◽  
Joanna Gotlib
Keyword(s):  
Legal Protection ◽  
Professional Responsibility ◽  
Professional Activity ◽  
Legal Regulations ◽  
Professional Issues ◽  
Anonymous Questionnaire ◽  
Professional Self ◽  
Study Participants ◽  
Medical University ◽  
Nurses And Midwives

Abstract Introduction. To work safely, knowledge of law is crucial for midwives who should be familiar with the midwife’s rights and duties as well as their professional responsibility. Aim. Assessment of knowledge of midwives about their professional responsibility. Material and methods. A total of 103 MA Midwifery students of the Medical University of Warsaw, including 55 working and 48 not working as midwives. A diagnostic poll, original anonymous questionnaire, 25 close-ended questions, 8 openended questions. Statistical analysis: STATISTICA 10.0, Mann-Whitney U test, p<0.05. Results. Seventy-one percent of the study participants had knowledge of the binding provisions of law and 83% considered this kind of knowledge as necessary in their professional activity. Twenty-four percent of the total did not know any legal regulations. Thirty percent was not familiar with the Nurses and Midwives Act. Only 52% of the study participants were knowledgeable about the legal protection of midwives and indicated the protection established for public officers. Forty-six percent of the total said that the Act on Professional Self-Government of Nurses and Midwives of July 1st, 2011 regulates the issue of self-governance. As many as 30 study participants knew that membership in the self-governing body of midwives is obligatory. Conclusions. Knowledge of nurses about professional responsibility under amended provisions of law is insufficient and does not improve with experience as a midwife. Due to the fact that new acts on professional responsibility of midwives were implemented in Poland beginning in January 1st, 2012, it is advisable to extend qualifications and knowledge of midwives in order to improve their knowledge of professional issues. Midwives should constantly update their knowledge of legal regulations on their profession

scholarly journals Kedudukan Hukum Pemegang Polis Pada Perusahaan Asuransi yang Dinyatakan Pailit

2021 ◽  
Vol 2 (3) ◽  
pp. 520-525
Author(s):  
Ni Kadek Vikka Ayu Swandewi ◽  
Ni Luh Made Mahendrawati ◽  
I Putu Gede Seputra
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Secondary Data ◽  
Insurance Companies ◽  
Bankruptcy Law ◽  
Insurance Company ◽  
Human Need ◽  
Legal Position ◽  
Policy Holder ◽  
The Right

In this era of globalization, insurance has been considered as a basic need which is a human need for security. Insurance is a form of risk management that is formed with the aim of avoiding the possibility of an uncertain risk of loss. This study aims to examine the legal position of policyholders as creditors in insurance companies and to reveal the legal protection of policyholders in insurance companies that are declared bankrupt. This study uses a normative research method because there is still a conflict of norms, with the approach to legislation. The data is sourced from the opinions of legal scholars and data law. The data sources are primary and secondary data obtained through recording and documentation, then the data is processed using interpretation and descriptive. Based on the Bankruptcy Law and PKPU Article 1 number 2, creditors are parties who have receivables due to agreements or laws that can be collected in advance of services. In the context of the legal protection of the policyholder, the Insurance Act has regulated the existence of a policy guarantor institution in which the purpose of the establishment of a policy guarantee program is to guarantee the return of part or all of the rights of the policyholder. In the bankruptcy and liquidation of an Insurance Company, it is expected that the curator will pay attention to the right of the Policy Holder to obtain compensation from the bankruptcy assets of the Insurance Company.

scholarly journals Legal Protection Regarding Medical Record of Prospective Workers in Job Recruitment Health Test

2020 ◽  
Vol 6 (1) ◽  
pp. 77-84
Author(s):  
Faisal Herisetiawan Jafar
Keyword(s):  
Medical Record ◽  
Research Method ◽  
Human Life ◽  
Legal Protection ◽  
Legal Research ◽  
Existing Problems ◽  
Health Checks ◽  
Job Recruitment ◽  
Health Test ◽  
Laws And Regulations

Health is essentially one of the supports for the welfare of human life, therefore, in order to create an increase in the degree of health, a law is needed to regulate and foster everything about health. In the process of getting a decent job several agencies or companies apply a health test at the stage of completion of work acceptance. Health checks before work are health checks carried out by doctors before a worker is accepted to do the jobs. Problems arise when the results of a medikal examination or medikal record in the form of a file containing records and documents about the patient's identity, examination, treatment, actions and other services that have been provided to patients out are fully provided to the agency or employer. This type of research is a normative legal research method. Normative legal research means that the existing problems are examined based on existing laws and regulations and the literature relating to the existing problems. Based on the results of the study that the authors describe, it can be concluded that in the implementation of health tests carried out by the agency or company are not allowed to take the results of the medikal record unilaterally without giving access to prospective workers as parties who are the object of examination at the health test.

scholarly journals Ochrona prawna tradycyjnej wiedzy rolniczej dotyczącej zasobów genetycznych

2020 ◽  
Vol 29 (2) ◽  
pp. 25
Author(s):  
Paweł Gała
Keyword(s):  
Intellectual Property ◽  
Conceptual Framework ◽  
Genetic Resources ◽  
Traditional Knowledge ◽  
Intellectual Property Rights ◽  
Modern Science ◽  
Legal Protection ◽  
Legal Regulations ◽  
Legal Norms ◽  
Living Organisms

<p>Traditional knowledge, including genetic resources of living organisms, especially plants, plays an extremely important role also in the development of modern science and present-day industry. This prompts us to consider the need, scope, and model of legal protection for such knowledge, both for the needs of the communities that create and cultivate it and for the wider public good. The present article includes an analysis of international legal regulations concerning the protection of traditional knowledge, with particular emphasis on the knowledge related to genetic resources, as well as legal works in this field. The considerations cover issues related to the development of the conceptual framework of such legal norms and the foundations of the legal protection of traditional knowledge, in particular the arguments concerning the need for such protection. The article also presents the basic types of intellectual property rights that can be the basis for legal protection of traditional knowledge.</p>

scholarly journals Selected legal problems of EEG biofeedback therapy under the Polish law

2018 ◽  
Vol 11 (1) ◽  
pp. 13-28
Author(s):  
Aleksandra Nowak-Gruca
Keyword(s):  
Adverse Effects ◽  
Eeg Biofeedback ◽  
Legal Regulations ◽  
Biofeedback Therapy ◽  
Legal Problems ◽  
Neuronal Signal ◽  
Polish Law ◽  
The Right ◽  
Training Protocol ◽  
Selection Of

The use of EEG biofeedback for therapeutic or healing purposes has its justification in modern research and recently one can notice the increasing popularity of this method. Possible threats which may be associated with improper training and EEG biofeedback therapy may result from error in the diagnosis or incorrect selection of the training protocol. The effectiveness of therapy depends largely on the efforts of the patient himself, however, the range of waves will be amplified or suppressed by diagnosticians and therapists. If during an EEG biofeedback, the correct neuronal signal is amplified or suppressed, this can have adverse effects. In Poland, there are no legal regulations regarding the acquisition of qualifications for conducting neurotherapy. Likewise, there are no indications as to which institutions have the right to assign appropriate powers to use this type of apparatus. The lack of legal regulations means that now everyone can practice neurotherapy. The article presents selected legal problems related to conducting EEG biofeedback therapy under law, especially under Polish regulations, including the problem of the responsibility of the therapist or trainer.

scholarly journals INFLUENCE OF THE RIGHT TO THE ENVIRONMENT ON SUSTAINABLE DEVELOPMENT FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 8 (3) ◽  
Author(s):  
Akramosadat Kia
Keyword(s):  
Sustainable Development ◽  
Human Rights ◽  
International Law ◽  
Environmental Law ◽  
Human Life ◽  
Legal Protection ◽  
Third Generation ◽  
Human Beings ◽  
The Third ◽  
The Right

Nature is one of the most important pillars of human life, which is why the environment has been considered in all historical periods. At first, contemporary international law seeks to protect the environment as part of international environmental law, but the inadequacy of this protection and the need to protect the environment for Nowadays's human beings and future generations, the link between the environment and human rights It was considered because legal protection of human rights could be a means to protect the environment. Hence, in the context of the third generation of human rights, a new right called "the right to the environment" was created in international human rights instruments, in which the environment was raised as a human right. This right is not only a reminder of the solidarity rights that are categorized in the third generation of human rights, but also necessary for the realization of many human rights, civil, political or economic, social and cultural rights. However, the exercise of this right requires a level of development which in turn provides for a greater degree of environmental degradation. Hence, the international community since the nineties has promoted the idea of sustainable development at all levels of national, regional and the international has put it on its agenda.

LEGAL REGULATIONS IN THE FIELD OF CULTURAL HERITAGE PROTECTION IN POLAND IN THE YEARS 1944-1989 IN TERMS OF CULTURAL SECURITY OF THE COUNTRY

2017 ◽  
Vol 186 (4) ◽  
pp. 88-102
Author(s):  
Tomasz LANDMANN
Keyword(s):  
Literature Review ◽  
Cultural Heritage ◽  
Structural Transformation ◽  
Scientific Method ◽  
Legal Status ◽  
Legal Protection ◽  
The Political ◽  
Legal Regulations ◽  
Heritage Protection ◽  
Social Distribution

The article attempts to analyze the meaning of legal regulations developed in the field of cultural heritage protection in the years 1944-1989. It has been argued that these years were markedly different in terms of law in the sphere of cultural heritage protection than the period between 1918 and 1939 analyzed by the author in another article. The author decided to refer to legal acts and literature in the form of elaborations and magazines in the field of monuments protection. The specificity of the chosen subject and problem required the choice of a scientific method in the form of legal acts analysis, supported by literature review. The presented information shows that the period between 1944 and 1989 was characterized by a different approach of the Polish authorities towards the issue of cultural heritage protection in comparison to the years 1918-1939. The mentioned protection had an instrumental character and was one of the political-ideological tools influencing the society. Furthermore, the growth of legal protection of cultural assets in the age of the PRL took place in the conditions of centralized administration that adopted the idea of social distribution of many such assets, which led to devastation of numerous immovable monuments and sometimes also the antique furnishings. All the introduced legal regulations required a thorough change and redefinition of the legal status after the political-structural transformation of 1989.

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