Patient Advocacy and Health Literacy

This chapter presents a reflective analysis based on the literature and on the author's experience regarding the challenges for health professionals and for patients within the scope of the patient advocacy activity, especially in Portugal, where the formal figure of the patient advocate is almost non-existent. Patient Associations, professionals, patients and their families, and citizens in general are unaware of this concept, making it a priority to invest in health literacy and to structure training programs in patient advocacy. The authors believe that there is still a long way to go in Portugal in this matter and that the model, Assertiveness, Clarity of Language, and Positivity (ACP), is an essential model for the entire patient advocacy development process and implementation of the patient advocate figure in the area healthcare. In this chapter, some experiences, projects and the first results of an exploratory study will be presented in order to help in improving the understanding and knowledge of these concepts in Portugal.

Traditions and digital innovations in training students for the profession of an advocate at a specialized department in a law university

The article is devoted to the research of traditional and innovative methods of educating future attorneys. The author analyzes ways which teachers of the Kutafi n Moscow State Law University use to help students to gain essential knowledge in law and in advocacy activity, prepare for the bar-exam and shape required professional skills. The author pays attention to the current active development of the corporate digital advocacy ecosystem including the introduction of digital technologies into the practice of passing the bar qualifi cation exam. The article investigates one of the possible algorithm designs that a bar qualifi cation contender should follow starting from the submission of documents to a regional bar chamber and up to the passing the bar qualifi cation exam. The author gives successful examples of student training through distant learning technologies, such as expert venues organized and conducted by the Department of Legal profession, scientifi c project groups, scientifi c and practical conferences, and also tells about the legal clinic “Pro Bono”, which operates at the O. Е. Кутафafi n Moscow State Law University and which involves teachers of the Department of Legal profession who help students master the necessary skills for their future jobs.

ON THE CORRELATION OF ADVOCACY AND ENTREPRENEURSHIP

The relevance of the topic of the scientific article is due to the development of the institution of the bar in Ukraine, in the process of which the issue arises about correlation between advocacy and entrepreneurship. This problem is not only theoretical, but also practical, since the determination of the legal status of an advocate as a subject of advocacy, as well as the taxation of this activity, depend on its solution. The purpose of the scientific article is to determine correlation of advocacy to entrepreneurial activity, as well as to resolve the issue of the possibility of combining these types of activities by an advocate. This problem is considered in two aspects: the possibility of a person combining advocacy activities with entrepreneurial activity and the possibility of carrying out entrepreneurial activity within the framework of advocacy activity. Based on the analysis of theoretical works and domestic legislation, it was concluded that the conduct of advocacy is compatible with any type of entrepreneurial activity. At the same time, Ukrainian law does not consider advocacy as an enterprise. The issue of taxation of advocacy is being considered. On the basis of tax legislation, it was concluded that advocates are considered to carry out independent professional activities, which excludes the application of a simplified tax system to them. The compliance of advocacy activity with the criteria of entrepreneurship was analyzed. The possibility of attributing advocacy to the types of entrepreneurial activity with preservation of specific tasks, guarantees and other features of advocacy activity is justified. This creates the basis for the possibility of taxing advocacy under in a simplified system. The delimitation of advocacy and entrepreneurial activity could remain only the subject of theoretical discussions, if not applied to the measurement of this problem relating to the approach to taxation of such activities. Consideration of advocacy as an entrepreneurial is more advantageous for lawyers, since it allows a simplified taxation system.

Examining Advocacy Activity and Self-Efficacy Among Health Educators

A professional responsibility for health education specialists is “communicate, promote, and advocate for health, health education/promotion, and the profession” as described by the National Commission for Health Education Credentialing, Inc. The purpose of this study was to examine the extent to which health educators incorporate advocacy into their professional responsibilities. Additionally, this study looked at factors that impede or foster advocacy self-efficacy among health educators. Eight participants completed a 30-45 minute in-depth interview about their advocacy experiences and self-efficacy levels/influencers. Results indicated performance accomplishments and vicarious experiences were the most critical factors leading to participants’ self-reported increase in self-efficacy. Recommendations for increasing advocacy self-efficacy are described.

Legal regulation of commercial secrets as an interbranch institute in the system of law and legislation of Ukraine

The article describes the modern legislation of legal regulation of trade secrets, in particular the provisions of the Civil Code of Ukraine. It is noted that legal relations in the field of trade secrets are governed by the Criminal and Commercial Codes of Ukraine, the Code of Administrative Offenses, a number of laws, including the Laws of Ukraine: «On Information», «On Protection against Unfair Competition», «On Banks and banking activity», «On advocacy and advocacy activity», «On state secret» and by-laws, the resolution of the Cabinet of Ministers of Ukraine «On the list of information that does not constitute a trade secret». The study found that in Ukraine, as in many other countries, new technologies, intellectual property and other products are created that contain trade secrets that need legal protection. Due to new information achievements, state borders are practically transparent for the circulation of information. In this case, the more this industry is involved in commercial turnover, the greater the need to protect the interests of the owners of trade secrets. Keywords: legal regulation, information, trade secret, legal responsibility, owner of trade secret, intellectual property, economic activity

Features of civil law nature of legal assistance agreement

Problem setting. Today, the conclusion of a legal assistance agreement is directly regulated by the Law of Ukraine “On the Bar and Legal Practice”. But for effective and lawful implementation the parties should also be guided by the provisions of the Civil Code of Ukraine. Therefore, it is necessary and relevant to determine which provisions of the Civil Code of Ukraine fall under this agreement and the relations arising from its conclusion. Target research. The aim of the work is to analyze the provisions of civil law on the differences between work and services, to determine which category of contracts is a legal assistance agreement and which rules of the Civil Code of Ukraine regulate advocacy and this agreement. Analysis of recent research and publication. The issue of delimitation of works and services is debatable among scientists. In particular, such authors as Gnatiuk G.I, Barinov N.O., Shablova O.G., Pushkin O.A., Ponomarenko O.M., Voronyak A.S., Braginsky M.I., Luts V.V. paid attention to this question. The works of such authors as Gavrilyuk M.O., Sviatotska V.I., Tubelets O.K., Rafilska I.S., Yanovska O.G., Biryukova A.M. are devoted to the question of research of features of legal regulation and realization of advocacy activity in Ukraine. Article’s main body. The article is devoted to the legal characteristics and features of the legal assistance agreement, the discussion issues regarding the regulation of these relations by acts of civil law are considered. In addition, the article analyzes the legal content of such phenomena as work and services and the main differences between the service agreement and the work contract to determine the category of relations of the legal assistance agreement. Conclusions and prospect of development. Thus, the characteristics of the legal structure of the agreement between the lawyer and the client are important for the protection of the interests of both parties. Also, having studied all the features of this agreement and various reasoned opinions of scientists on this issue, we can say that advocacy is multifaceted and can take many forms and types, but the legal analysis of these actions still includes it to services.

Criminality Countermeasures Through Attainment Scientific Truth and Its Practical Implementation in Works and Law Enforcement of Professor V.S. Ishigeyev

The sphere of scientific interests of Doctor habil. in Law, Professor V.S. Ishigeyev is a reflection of multiversity and remarkability of his personality and is determined both by the previous and currently implemented experience of practical law enforcement activity. Criminal behavior countermeasure as an aggregate of multi-aspect measures of criminal and criminological, in particular, policy is regarded by him through the measures of penitentiary prevention, criminalistics and criminal-legal support of their efficiency. Establishment of the professors scientific sphere was connected with criminalistic works and thesis research which became a deflection of his successful work in the interior affairs bodies and his academic activity in the Chair of Criminal and Legal Disciplines of Irkutsk Branch of Khabarovsk Law Enforcement Academy (now East-Siberian Institute of Ministry of Interior Affairs of the Russian Federation). The further scientific studies were connected with problems of penitentiary criminality and measures of it prevention. The thesis research, prepared in the Chair of Criminal Law and Criminology of Baikal State University and devoted to these problems, allowed to develop understanding of the criminal-penitentiary prevention and criminal-penitentiary legislation. V.S. Ishigeyev is an active advocate of developing the teaching of professional criminality and its topical manifestations, the theory and practice of qualification of separate types of crimes and criminal punishment. Being the author of seven monographs, eight study letters, and more than 50 scientific articles of the criminal and legal cycle, Professor Ishigeyev is successfully lending his knowledge and experience, including his practical activities, to his followers, 16 Ph.D. theses were defended under his scientific supervision. At the same time, the Professor is an author of two literary works tht reflect the experience of his advocacy activity.