Linking Training and Promotion in a Police Agency

Based on national and international practice, this article discusses telemedicine as a set of legal, technological, and ethical decisions that are an inevitable result of the modern healthcare system. This article aims to assess the adequacy of Georgia’s regulatory framework for telemedicine through a comparative analysis of international standards and national legislation, and to identify existing legal gaps. From the perspective of international law, the right to health is recognized as a fundamental human right, obligating states to ensure the accessibility, quality, and continuity of medical services for all citizens. Accordingly, the study focuses on the possibilities of telemedicine, which is an effective mechanism for providing continuous and high-quality medical services, especially in geographically remote, rural, and politically/strategically challenging regions. The research is based on doctrinal legal analysis, comparative examination of international and Georgian normative acts, and analysis of relevant case law. International instruments and standards examined include World Health Organization (WHO) recommendations, ISO 13131:2021, the EU General Data Protection Regulation (GDPR), and the U.S. Health Insurance Portability and Accountability Act (HIPAA), and relevant jurisprudence of European and U.S. courts. Georgian healthcare, medical practice, and data protection legislation were analyzed to assess regulatory compatibility and implementation practice. Taking into account the realities of Georgia, the article analyzes national legislation and the existing practice of developing telemedicine. Special attention is paid to the possibilities of implementing telemedicine in politically and strategically difficult regions as one of the effective mechanisms for ensuring continuous and high-quality medical services for the population. Based on the results of the study, which is based on the analysis of international practice and regulatory standards, the article presents recommendations for strengthening the legal framework of telemedicine in Georgia, which takes into account the protection of patient rights, strengthening professional responsibility standards, and improving access to medical services in politically and strategically difficult regions. The study reveals that although Georgian legislation allows telemedicine within the framework of general medical regulation, it lacks: a unified legal definition of telemedicine; specific binding standards for remote informed consent procedures; detailed regulation of cross-border and regional licensing issues; explicit clinical quality assurance mechanisms tailored to remote healthcare services; and specialized liability rules adapted to digital medical practice. International standards demonstrate a trend toward harmonization based on patient rights protection, data security, professional accountability, and technological interoperability, while Georgia’s framework remains fragmented and indirectly regulated. To strengthen the legal framework for telemedicine in Georgia, the study recommends: adopting a comprehensive legal definition and regulatory act dedicated to telemedicine; establishing mandatory digital informed consent standards; introducing telemedicine-specific certification and liability provisions; strengthening state supervision and quality control mechanisms; and improving legal guarantees for safe telemedicine practice in politically and geographically complex regions. The development of a coherent telemedicine regulatory model would contribute to the effective realization of the right to health, enhance access to quality medical services, and align Georgian practice with evolving international standards.

<p>This fourth edition of the well-established practitioner text sets out what constitutes an electronic signature, the form an electronic signature can take, and discusses the issues relating to evidence – illustrated by analysis of relevant case law and legislation from a wide range of common law and civil law jurisdictions. <br> Stephen Mason is a leading authority on electronic signatures and electronic evidence, having advised global corporations and governments on these topics. He is also the editor of <i>Electronic Evidence</i> and <i>International Electronic Evidence</i>, and he founded the international open-source journal <i>Digital Evidence and Electronic Signature Law Review</i> in 2004.<br><br> This book is also available online at <a href="http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law">http://ials.sas.ac.uk/digital/humanities-digital-library/observing-law-ials-open-book-service-law</a>.</p>

Company Valuation: A Comparison of Economic and Legal Perspectives

ABSTRACT: The Internal Revenue Code (IRC) provides that tax return preparers who have taken undisclosed positions on tax returns must be able to demonstrate that they have met the “substantial authority” standard of conduct to avoid IRC §6694 preparer penalties. However, there is limited guidance regarding: (1) the weight to afford an authority in an analysis of the law, and (2) the level of confidence tax return preparers must have that a position taken will be upheld if challenged. In the absence of definitive guidance, tax return preparers are left to their own subjective determination regarding whether they have met the provisions of the conduct standard. This article reviews the statutory conduct provisions and factors considered by the courts in determining the precedential value, or deference, to be afforded authorities acceptable under the Code. In this article, the authors show how an analysis of case law can be used when there is uncertainty regarding the weight to afford an authority available to support an undisclosed tax position.

The aim of the article is to analyse the possibility and necessity of empowering animals as ‘non-personal’ legal subjects under Polish law, indicating the relevant case law (of ordinary and, mainly, administrative courts). The research assumption is the statement that, although administrative case law contains elements of a fairly progressive approach that results in an interpretation of the applicable provisions on the protection and (rudimentarily regulated) animal rights, the existing provisions are far from sufficient and leave quite a lot of room for a very flexible interpretation. That may lead not solely to an animal-friendly interpretation, but also to abuses against them. Therefore, postulated amendments concerning constitutional protection of animal rights deserve attention, as they would be important for the systemic interpretation of law. The research subject is both philosophical and legal literature, as well as case law. The main method is the logico-linguistic analysis (with some elements of historical and comparative approach) of texts on philosophy, including legal philosophy and ethics, as well as the analysis of case law. The research findings have a mixed, descriptive-and-normative character, while the above combination of ethics, legal theory, and legal practice both manifests the evolution of the approach to the titular matter and makes an original contribution to jurisprudence as a scientific discipline.

This chapter discusses the specific features of the EU-Swiss model of sectoral bilateralism. It proceeds from an analysis of the relevant case law of the Court of Justice of the European Union (CJEU). In the absence of an institutional agreement providing for the homogenous interpretation of shared legal rules, the CJEU proceeds from the so-called Polydor logic, which implies that there is no automatic interpretation by analogy of identically worded provisions included in a bilateral agreement with Switzerland and the EU Treaties unless there are express provisions to that effect in the agreement itself. The consequences of this approach are illustrated with respect to the CJEU case law regarding the interpretation and application of the Agreement on Free Movement of Persons (AFMP) and the agreements associating Switzerland to the EU’s Schengen and Dublin acquis. The former entails a ‘static’ approach to the incorporation of new EU legislation, implying that there is no obligation to incorporate new EU acquis, whereas the latter agreements are ‘dynamic’ in nature, including a procedure for the incorporation of new EU legislation. In comparing both sets of agreements and the relevant case law of the CJEU, this chapter illustrates the law and practice of sectoral bilateralism and the specific challenges of Switzerland’s unique model of cooperation with the EU.

Oral mucositis (OM) is a toxicity frequently associated with cancer treatment and can have a significant negative impact on patients' quality of life and the course of treatment.Photobiomodulation therapy (PBMT) is an internationally recommended light therapy for the prevention of OM in different medical settings.This cross-sectional study aimed to identify the legal pathways to PBMT access for MO patients in Brazilian healthcare, in the public and private context.Electronic searches were performed in the databases of the Courts of Justice (TJ) of the Brazilian states, the Superior Court of Justice and the Supreme Federal Court, using the term "mucositis".Of the 180 court rulings identified in the search, 50 met the eligibility criteria.Information was collected on the demographic and clinical profile of the patients, as well as qualitative data from the court cases.The 50 court rulings originated from 13 Brazilian states, from the five administrative regions of Brazil.The court decisions were fully granted in 41 cases (82%) and partially granted in 9 cases (18%).In 47 cases (94%), the decisions were directed at the supplementary healthcare (health insurance providers), while in 3 cases (6%) they were directed at the Unified Health System (SUS) (public health).The results of this study, a pioneering analysis of available case law on access to PBMT for OM patients, show a consistent judicial position affirming the rights of cancer patients to this evidence-based treatment in all regions of the country.This alignment between the scientific evidence for OM management and the Brazilian judicial system establishes a legal precedent that could influence the resolution of future health justice cases in Brazil.

The research subject. This study focuses on recent developments (2021-2023) in Russian tax treaty case law.The purpose of the research. The objective of this research is to analyze the key trends and developments in tax treaty case law in Russia for the last three years.Methodology. The research is based on the analysis of cases where the commercial courtsof circuits and the Supreme court of Russian Federation in 2021-2023 applied Russian double tax treaties (total number – 38 cases).Main results of the research. The analysis of the tax treaty case law allowed to make a general overview of the relevant judicial practice and identify three strategic areas of law enforcement – development of the beneficial owner concept, issues if qualification of income for the purposes of the application of tax treaties and disputes between withholding agents and taxpayers.Conclusion. An analysis of judicial practice allows us to conclude that Russia is quite successful in implementing the task of deoffshorization of the Russian economy – this is noticeable both in the geography of the applied agreements and in the content of the issues under consideration. The tax treaty case law is heterogeneous – it includes both simple issues (for example, with obvious mistakes of a withholding agent) and issues on which judicial practice as a whole has already been established (for example, in relation to the beneficial owner concept), as well as quite extraordinary and sometimes difficult questions. It should be admitted that fundamentally new issues of application of double taxation agreements are sometimes not easy for the courts. An analysis of tax treaty case law puts forward the question of the role and risks of a withholding agent – currently the practice does not seem sufficiently balanced in terms of ensuring a balance of private and public interests. For application of double tax treaties procedural issues remain of great importance. Analysis of judicial practice shows that they are crucial both for the withholding agent and the taxpayer.

The doctrine of non-succession usually refers to two international arbitral awards which were decided in the context of incorporation of State: the R.E. Brown case and the Hawaiian Claims case. Scholars supporting the doctrine of non-succession generally make reference to State practice. A proper analysis of State practice and case law can only be made taking into account the different types of mechanism of State succession involved. It should simply be recalled the statement of the Arbitral Tribunal in the Lighthouse Arbitration case. This chapter examines the relevant State practice and international and municipal case law for the following different types of mechanism of succession of States: Incorporation of State; Unification of States; Dissolution of State; Cession and transfer of territory; Secession; and Creation of Newly Independent States.Keywords: case law; Hawaiian Claims case; Lighthouse Arbitration case; Newly Independent States; R.E. Brown case; State practice

Journal Article The U.N. Convention on the International Sale of Goods: a Critical Analysis of Current International Case Law (Part I) Get access Michael Joachim Bonell, Michael Joachim Bonell Search for other works by this author on: Oxford Academic Google Scholar Fabio Liguori Fabio Liguori Search for other works by this author on: Oxford Academic Google Scholar Uniform Law Review, Volume 1, Issue 1, January 1996, Pages 147–164, https://doi.org/10.1093/ulr/1.1.147 Published: 01 January 1996

Humor is a pervasive element of human communication and a fundamental ingredient of democratic life. Throughout history, it has been used as a vehicle to poke at the powerful, engage in socio-political commentary, or collectively negotiate social boundaries and norms. As a consequence, courts from all over the world have often stressed the importance of protecting humorous expression. At the same time, the elusive and subjective nature of humor poses specific challenges for free speech adjudication. This paper will discuss international trends and recurring issues in humor-related jurisprudence, by analyzing 81 cases from across the globe. The cases are organized around five key – and sometimes intersecting – themes, namely (1) Satire, defamation and other individual dignitary harms; (2) Disparaging humor and hate speech; (3) Humor, violence and public unrest; (4) Parody, copyright and trademarks; (5) Humor and “public morals.” Building on the analyses provided in the GFoE database and on a growing body of interdisciplinary work on humor and the law, the paper also highlights the benefits of a closer dialogue between legal scholarship and practice on the one hand, and humanities-based humor research on the other. <em>Please cite this paper as follows</em>: Godioli, A. and Young, J. (2023) <em>Humor and Free Speech: A Comparative Analysis of Global Case Law</em>. Columbia Global Freedom of Expression, Special Collection. DOI: https://doi.org/10.5281/zenodo.8105760 This publication is part of the Special Collection of the Case Law on Freedom of Expression by Columbia Global Freedom of Expression.

The purpose of this article is to analyze the intensity of the constitutionalization in Colombian administrative law, especially in discretionary administrative acts, that command the retirement of members of the Military Forces, Police, Administrative Department of Security (DAS) and Penitentiary National Institute of Colombia (INPEC). In order to achieve said purpose, the author compares –through dynamic and static analysis of case law- the readings made by the Council of State and the Constitutional Court, and concludes that the position of the latter is the most legally convenient and the most efficient when it comes to the administration of public resources, therefore, it must be accepted by the Council of State. The convenience analysis uses as reference points 1) some constitutional principles; 2) the Constitutional State; 3) the national and foreign administrative doctrine; and 4) some Inter-American Court of Human Rights rulings.

A training course on dual diagnosis was developed within the Irish forensic mental health service, to bridge the gap in the lack of training on dual diagnosis in Ireland. The course was designed for service providers within mental health and addiction services. Twenty participants involving nursing, social work, police and social welfare disciplines attended the first training course. A mixed methodology research design was adapted to describe participants' evaluation of the training course. Data were collected using multiple methods: pre- and post-test, daily evaluation and focus group interviews. Quantitative data were analysed using the spss Version 16.0 and qualitative data were analysed thematically. Findings from the pre- and post-test suggest an increase in participants' knowledge of dual diagnosis and an increase in confidence in conducting groups. Daily evaluation indicates that the course content largely met participants' needs. Finally, three themes emerged from the focus group interview: increased confidence, the training course/teaching methods and personal/organizational challenges. This study implies that service providers within mental health and addiction services benefit from inter-professional, needs and skills based courses incorporating a variety of teaching methods. The way forward for future dual diagnosis training course developments would be working in partnership with service users and carers.

The article deals with the liability issues of a technical supervisor of construction in Lithuania. It is established in statutory law that a technical supervisor of construction is liable against an owner jointly with other parties involved in the construction (contractor, designer); however, it provides no explanation as to how this liability is distributed between the parties. Analysis of case law of the Supreme Court of Lithuania is used as a basis for crystallizing the rules applied by the courts in defining liability of a technical supervisor of construction and distributing it between other construction players. It has been found out that the liability attributed in case law to the technical supervisor of construction found guilty for defective construction works usually varies from 15% to 20%. The findings of this research may be used in systems for predicting court judgements and decision support systems for judicial disputes.

The article studies the concept of «public policy», presents doctrinal definitions of public policy, as well as definitions used in judicial practice, in particular in the decisions of the Supreme Court. It is established that the Ukrainian legislation does not contain a definition of «public policy», but from the analysis of case law it can be concluded that the public policy of any country includes the fundamental principles and principles of justice, morality, state system, political system and economic security, which the state wishes to protect, which means «public policy» is a broad and abstract concept. At the same time, such a position of the legislator, given the case law cited in the article, is justified and reasoned. It is analyzed that the Civil Code of Ukraine lists the grounds on which the transaction can be considered as violating public policy, at the same time, the analysis of case law shows that the category of public policy does not apply to any legal relationship in the state, but only on the essential foundations of law and order. The article also analyzes that the recognition or enforcement of the decisions of an international commercial arbitral tribunal may be denied if the court finds that the recognition and enforcement of this arbitral award is contrary to public policy of Ukraine, as an example listed court cases in which the enforcement of arbitral awards was refused due to a violation of public policy. In view of the above, it is proved in the article that the definition and understanding of the category of public policy is important in recognizing and bringing to the enforcement of international commercial arbitration courts decisions, as well as recognition of transactions as such that violates the public policy, which leads to insignificance of such transactions. It is summarized that today in Ukraine there is no normative definition of the concept of «public policy», and from the analysis of judicial practice we can conclude that judges interpret the concept of «public policy» quite broadly and abstractly. However, given that quite often cases of recognition of a transaction as contrary to public policy (invalid transaction), as well as the recognition and enforcement of international commercial arbitration and foreign courts judgments are «technical» cases brought in order to avoid the liability of a party against whom the decision was made, such an interpretation of the concept of «public policy» gives judges the opportunity to fully investigate, whether transactions or decisions in force violates public policy or the fundamental principles of justice and fairness of the state, without a statutory restriction on the concept of «public policy».