The Capabilities Approach and the Concepts of Self-Determination, Legal Competence and Human Dignity in Social Services for Older People

In this chapter, the tension between self-determination and human dignity in the Swedish legal system of social care for older people is analysed with help of the capabilities approach. The core focus of this approach is the individual person’s capability to make decisions. Also important is a supportive societal system that enables the realisation of self-determination, specifically for individuals who are not fully capable of making arrangements for themselves. The capabilities approach emphasises the responsibility of the State and can be used to analyse the impact of legal and political obligations for nation-states, and to balance the increased focus on self-determination and the quest for increased capabilities among older people. In the context of a dismantled welfare state, a one-sided focus on individual autonomy might turn out to be a double-edged sword, leaving the individual with self-determination but no (or insufficient) available care to decide about. In this chapter, the underlying principles of practical decisions are theoretically explored and reflected upon. Of specific relevance is human dignity (in addition to enhancing individual freedom), normativity (a set of fundamental capabilities is identified) and the central role of the nation-state (as the responsible political subject for the achievement of minimum thresholds for all capabilities).

Anvisa's Prior Consent as a Contribution to Global Health and the One Health System

The participation of the National Health Surveillance Agency (ANVISA) in the granting of patents for pharmaceutical products and processes in Brazil took place since 2001, giving this sector of the Ministry of Health unprecedented legal competence, until then exclusive to the entity of the National Institute of Industrial Property (INPI). This chapter proposes to analyze the technical and legal aspects inherent to patenting combined with the ability to make political decisions in favor of implementing flexibilities in the patent examination of medicines that may be favorable to public health. John Kingdon's Multiple Flows Model was the methodology chosen to understand the most relevant factors that influenced the government's agenda for the creation of Anvisa's prior consent. The results allowed to outline the political window that materialized the formulation of the public policy in question, as well as to call attention to the fundamental importance for the protection of the current needs of humanity and of its future generations inserted in the concept of One Health.

The "competence" concept in the educational system of European countries within a competence-oriented approach

The object of research is the concept of "competence" in the educational system of different countries. Investigated problem. Theoretical generalization of the concept of "competence" and the peculiarities of its formation in the process of professional training of applicants for higher education in European countries. Creation of a model of professional training for applicants for education of the first (bachelor's) level. Main scientific results. The definition of the concepts "competence" and "legal competence", which are most often used in pedagogical research, has been analyzed. The definition of "competence" within the competence-oriented approach is given. The competence-based approach in education is understood as training not just a specialist with a system of knowledge, but a high-level professional and a comprehensively developed personality. A model for the formation of legal competence of applicants for higher education has been created. Through the introduction of innovative methods into educational processes, the legal thinking of bachelors is developing. Legal competence presupposes a set of knowledge, skills, characteristics acquired by students in the learning process, necessary to perform certain actions in order to solve problems, tasks, situations in accordance with the prescriptions of the rule of law. The formation of a system of knowledge, abilities, skills, methods of activity in students in the learning process are significant. This requires both their psychological "restructuring" and the improvement of curricula and educational technologies. The traditional teaching of lectures and the conduct of seminars should be complemented by elective courses and special courses. The area of practical implementation of the research results. Formation of competencies in the process of professional training of applicants for higher education of the first (bachelor's) level in order to achieve programmatic learning outcomes, apply the acquired knowledge in future professional activities and everyday life. Innovative technological product. Creation of a training model for applicants for higher education based on a competence-oriented approach. Application area of an innovative technological product. Introduction of the educational model into the process of professional training of applicants for higher education of the first (bachelor's) level in order to promote the creation and strengthening of legal culture and creativity of students.

Formation of Specialists’ Legal Competence in the System of Life Long Education

The article scientifically argues and develops conceptual and methodological principles of formation of legal competence of specialists in the system of life long education. It is confirmed that their training acquires efficiency when implemented according to specific theoretical and methodological research principles. The essence and content of the formation of legal competence of future specialists (on the example of accounting and taxation specialists), components (cognitive, motivational, activity, reflective and information-logical), criteria, indicators and levels of its formation are revealed. The pedagogical conditions of formation of legal competence of future specialists in accounting and taxation in the system of lifelong education are substantiated; theoretically developed and experimentally tested a comprehensive structural and functional model of the formation of their legal competence. It is proved that the application of the author's concept of formation of legal competence of specialists in the system of life long education, first of all, updating of content, the realization of defined and substantiated pedagogical conditions and developed structural-functional model, promotes the effective formation of all components of legal competence of future specialists. Checking the level of formation of the components of legal competence of future specialists in accounting and taxation in the system of lifelong education was carried out taking into account the defined structure of legal competence using the criteria defined in the study of its formation.

ORGANIZATIONAL FORMS (STRUCTURES) OF BLENDED LEARNING AS POWERFUL MEANS OF INFLUENCE ON THE FORMATION OF LEGAL COMPETENCE OF THE FUTURE EDUCATIONAL INSTITUTION MANAGEMENT MANAGERS IN THE CONDITIONS OF THE MAGISTRACY

On the basis of the analysis of theoretical sources on this problem, this article clarifies: 1) ideas of leading scientists on the content of the basic concepts of research (legal competence, blended learning, etc.) and components of blended learning; 2) the ways of formation of legal competence of the future educational institution management managers in the conditions of the magistracy are defined. The specifics of organizational forms (structures) of blended learning as a powerful means of influence on the formation of legal competence of the future educational institution management managers in the conditions of the magistracy are discussed. It is the organizational forms (structures) of blended learning that should be the basis for creating a blended learning environment in the formation of legal competence of future managers in the management of educational institutions in the master's program.

A Green Revolution? A Tentative Assessment of the European Green Deal

In this article the main aspects of the European Green Deal proposed by the European Commission in December 2019 are analyzed, putting the Green Deal into the broader context of European Union (EU) climate governance in order to assess whether and how it advances the EU’s climate agenda. Four broad and interrelated categories to evaluate the Green Deal are proposed. Its performance depends on whether it is and will remain a policy priority, despite the COVID-19 emergency and the ensuing economic crisis. Second, successful implementation depends on adequate financial endowment, including the shift of public funding from hydrocarbons to renewables and energy efficiency in post-pandemic economic programmes. The legal competence of EU institutions to coordinate and enforce the implementation of the Green Deal is also essential, as highlighted by ongoing discussions concerning governance to achieve zero net emissions by 2050. Furthermore, international cooperation with third partners on issues such as border carbon adjustment, technology transfers, and green industry will influence both the implementation of the Green Deal in the EU and the contribution of other major emitters to the climate agenda. The impact of the European Green Deal on EU-Russia relations is also investigated. In this respect, it is argued that the Green Deal poses a serious challenge to the traditional pattern of EU-Russia energy trade, which has been dominated by fossil fuels. However, the Green Deal also offers new avenues for cooperation and for a more sustainable EU-Russia energy relationship.

THE IMPORTANCE OF INTRODUCING MEDICAL LEGISLATION IN THE UNIVERSITY TRAINING PROGRAM FOR STUDENTS

The place of medical legislation in the university curriculum remains somehow uncertain and should be identified more clearly. A more robust knowledge base on the law is needed to enable medical students to develop sufficient legal competence to manage the challenges of future practice. Further research is needed to identify the most effective methods of teaching, learning and assessing legal knowledge and skills, during and after the completion of initial medical education. An in-depth analysis of resources shows that there is no robust evidence base that evaluates the impact in different curricular structures of the efficient methods in developing the knowledge, skills, attitudes, and behaviors needed in medical practice of student. Moreover, only a limited number of studies refer to the results and effectiveness of teaching and learning the elements of medical legislation.

Establishment of legal regulation in the field of identified the status of territorial communities as subjects of communal ownership on land

The article examines the formation of communal land ownership law, formation of legal regulation in the field of consolidating the status of territorial communities as subjects of communal property, the impact of decentralization of powers processes on resolving the issue of the legal regime of territorial communities’ lands and united territorial communities’ lands, determination of scientific approaches to the formation of the model of communal land ownership law in Ukraine. It is updated the legislator’s inconsistency in determining the principles of building the institution of communal land ownership law, lack of a well-founded concept of communal property law, legislative contradictions of approaches to the creation of sustainable local self-government in Ukraine, based on the priority of land interests of territorial communities. Scientific attention is paid to preconditions for determining the constitutional status of territorial communities, legislative consolidation of the grounds for the formation of communal land ownership in the state, solving the problem of the definition of «communal land ownership law» absence in current legislation. Focused attention on legitimization of the powers to exercise the communal property law through the solution of the issue of land and legal competence of territorial communities, improvement of their status as subjects, who exercise the right of communal ownership of land directly or through local governments, the exercise of the right of communal ownership of land in the ways specified in the land law. According to the study it is established that the Constitution of Ukraine has provided the necessary prerequisites for the formation of a fundamentally new land system in the field of communal property on the land of communities. An important scientific task in modern conditions is improving the legal regulation of land and legal competence of territorial communities as subjects of communal land ownership for the sustainable development of territories. It is determined that the acceleration of administrative and land reforms will contribute to the full legitimization of the united territorial communities and the formation of territorial communities as equal subjects of land ownership. Keywords: territorial communities, decentralization, local government reform, communal land ownership

CRITERIAL APPROACH TO THE LEGAL COMPETENCE OF FUTURE JUNIOR BACHELORS IN THE FIELD OF HUMAN SCIENCES OF HIGHER EDUCATION INSTITUTIONS (HEIs)

The article clarifies the essence of the implementation of the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of human sciences of HEIs from two perspectives: structural and methodological.It has been summarized that in the conditions of development of education and informational society, the legal competence of future junior bachelors in the field of human sciences of HEIs cannot be effectively formed without any prior determination of its structure. Legal competence is understood as “an integral quality of a student’s personality, characterized by several features”. These features are the unity of their legal efficiency at the theoretical level and mastering the set of key legal competences; practical readiness and ability to implement professional activities in the modern legal and regulatory field; ability to handle with professional relationships, establish and defend professional rights; self-development and self-improvement of their legal culture and development of legal culture of the society. From the structural perspective, the implementation of the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of human sciences of HEIs is reflected in concrete definition of the components of the studied phenomenon. It has been established the key structural elements of the legal competence of future junior bachelors in the field of human sciences of HEIs, which are the following: content components (axiological (value and semantic), epistemological (content and legal), praxeological (functional and activity), reflexive and estimative) as a set of life values, values of professional activity, knowledge and skills to organize this activity in the legal field, reflexive abilities as well as a set of legal competences as generalized ways of action that ensure the productive performance of professional activities.It is determined that the criterial approach to explaining the process of formation of legal competence of future junior bachelors in the field of Human Sciences is the most constructive, because it promotes the connection between education and work more effectively. Keywords: students, competence, specialist, criterion approach, institution of higher education, legal competence, junior bachelors, Human Sciences.

A review of documents assessing capacity and treatment needs to safeguard adults with incapacity

AimsTo audit the completion of Adults with Incapacity (AWI) documents (Assessment of Capacity, Section 47 Certificate of Incapacity and Treatment Plan) to ensure they met the legal standards required. We hypothesised that the forms were not all completed comprehensively, particularly with regards to the Treatment Plans.MethodIn addition to being legal documents, AWI documents provide an important framework to guide clinicians when giving treatment and balancing patient safety with patient autonomy. Correctly completed documents help provide vulnerable patients with ethical and lawful treatment that allows them to be treated with respect and dignity.An audit was conducted across two Old Age Psychiatry wards at Ayrshire Central Hospital during October 2020. We assessed all AWI documents available on the wards (n = 20) using criteria based on the standards set by the Mental Welfare Commission for Scotland to ensure legal competence.Result95% of the forms were signed and dated, and the nature of the incapacity was given in 100% of the documents. On the other hand, 35% of the forms gave no indication of the presence or absence of a guardian. Only one of those identified as having a guardian was consulted with regards to the treatment plan. Another member of staff was consulted on the Treatment Plan in 45% of cases. 30% of the Treatment Plans were not precisely worded enough to be considered justifiable for treatment. In the Certificate of Incapacity, two out-of-date certificates were found, and staff were notified immediately. 45% of certificates were considered over-generalised with regards to the description under medical treatment.ConclusionOverall, the forms were mostly signed and dated, with the nature of incapacity given. The two areas that appeared to be the most problematic were the issue of identifying and discussing plans with a guardian, and the specification of treatment covered by both the Certificate of Incapacity and the Treatment Plan.Discussion with members of the healthcare team found some confusion over how to complete the forms and many cited a lack of formal training as the main reason for their uncertainty. In addition, accessing clear information online or on the wards on how to complete the forms was challenging. We intend to improve the completion of these documents by implementing teaching and a guidance poster, based on the areas that we identified as being problematic, and completing the audit cycle.