Английский язык для магистрантов гражданско-правовое направление. Учебное пособие
.pdf
3.social
4.economic
5.doing
6.market
7.trade
8.procurement
9.negative
c)competition
d)growth
e)impact
f)practices
g)responsibility
h)issue
i)phase
|
4. Make the following sentences complete by translating the words |
||||||||||||
1. Corruption is related to |
violations |
of legislation, internal |
|||||||||||
andphrasesinbrackets: |
|
|
|
|
|
|
|
|
), |
||||
guidelines, ______________________ ______________________( |
|
|
|
|
|||||||||
integrity, but also informal rules of social behavior. 2. Corruption is one |
|||||||||||||
|
|
|
|
|
|
|
|
|
этических норм |
) |
|||
of the most serious and dangerous social ___________________( |
|
|
|||||||||||
that |
directly |
affects |
the country’s ___________________( |
|
|
|
), |
||||||
___________________( |
|
|
|
), |
|
|
|
|
угроз |
||||
|
|
|
and democratic, political, economic |
||||||||||
|
|
|
|
|
|
|
|
|
|
стабильность |
|
||
and social system. 3. Bribing another person is a strict liability offence |
|||||||||||||
that |
|
|
безопасность |
|
) an |
employee’s |
and |
||||||
can ___________________ |
( |
|
|
||||||||||
a company’s reputation. 4. To be legally compliant, your business must |
|||||||||||||
have |
a ___________________ |
|
наносить ущерб |
|
|
|
|
) |
|||||
___________________( |
|
|
|
|
|
||||||||
approach to bribery, both in and out of the workplace. 5. “Bribery and |
|||||||||||||
|
|
|
|
|
|
|
|
нулевая терпимость |
|||||
corruption of all kinds undermines trust: it inhibits social and economic |
|||||||||||||
development |
and |
undermines |
___________________ |
|
___________________ |
||||||||
( |
|
|
|
).” |
(Lord |
Browne of |
Madingley, Group |
|
Chief |
||||
Executive,BP plc). |
|
|
|
|
|
|
|
|
|
|
|
||
честную конкуренцию |
|
|
|
|
|
|
|
|
|
||||
15.Makeupaplanofthetextandretellthetextaccordingtoyourplan.
WRITING: ACADEMIC SUMMARY
16.Read an excerpt of the interview with Rho Impact’s Noah Miller “An Analyst’s Approach to ESG” written by Scott Powell and write its summary in Russian and/or English using “How to write an academic summary”p.23.
Noah Miller, Founder, Chief Strategist, and Head of ESG Advisory
ServicesatRhoImpact,isaformerESGconsultingpracticeleader,in-house
ESGdirector,socialentrepreneur,andnon-profitadvisor.
101
Q: First of all, for the total beginners in our audience: Can you helpESGus understandis an acronymwhatthatESG isstands(inyourforwords)?Environmental, Social, and Governance. It is a management and analysis framework for addressing the risks and opportunities associated with changing environmental, social, and economic systems. It provides a lens for identifying and addressinghowchangingclimate,stakeholderexpectations,andbusiness conditions on the ground impact a business and the stakeholders it depends on.
A sample of environmental issues includes climate change and emissions, natural resource stewardship, and waste management. Social issues may include human capital management; customer welfare; community engagement; and diversity, equity, and inclusion (DEI). And lastly, governance issues include board composition, executive compensation, enterprise risk management, and bribery and corruption.
Q: Flipping over to the analyst perspective now: What are some
ofthemajorissuesthatESGanalystsneedtounderstand?Maybeyou canRemember,break it downas anintoanalystone keyassessingissueESGineachperformance,the ESGthefocusunderlyingareas. objective is to understand how the company is managing their identified material issues and the associated risks and opportunities they present (both to their business and its stakeholders).
Let’s first start with the letter that tends to get the least amount ofattentionintoday’sESGcommentary–theG.Wethinkaboutgovernance as the policies, protocols, practices, and systems used to manage and lead a company. As an analyst, you should try to understand whether a company has strong governance – do they have the policies, protocols, practices, and systems in place to improve ESG performance? Assess the presence of indicators like ESG policies, long-term goals, and KPIs, as well as clear descriptions of risks and opportunities with strategies to address them.
NowfortheS–social.Humancapitalmanagementistheoverarching term for how acompany engages, retains, and improves both thewelfare and effectiveness of its people. This term became top-of-mind for social after the 2021 US SEC disclosure regulations went into effect, requiring public companies to report on their human capital management practices and performance. Issues like diversity, equity, and inclusion (DEI); employee engagement; and labor management are all subtopics of human capital management, and it’s the role of the analyst to assess the effectiveness of those practices as well as the performance outcomes.
102
Lastly, let’s dive into environment – the E in ESG. The underlying objective of an analyst in this area is to determine how a company is reducing its contributions to (and risk exposure from) climate change. This includes concepts like emission reduction performance, natural resource stewardship of water, waste, and land, etc. From a regulatory perspective, a company’s climate risk management is critical, given theglobalclimatedisclosureregulationsnowineffectinmajoreconomies around the world, including the EU, UK, and US. An analyst needs to be able to assess how a company is managing its physical and transition risks, as well as its liability risks – an emerging concern that’s earned its own designation.
Q: Of the three ESG pillars, which (in your opinion) is the most imporIs thatan ,andtrickwhy?question?! I’d say context is king when it comes to ESG. A company’s industry, business model, stakeholders, and unique qualities will all influence which pillar is most critical for its management team.
Thatbeingsaid,ifIhadtochooseasinglepillarasthemostimportant, itwouldbegovernance.Nocompanyhaseverslasheditscarbonemissions, improved the welfare of its stakeholders, or adapted its business model for a net-zero economy without methodical and intentional governance and leadership.
The quality of a company’s governance directly impacts its ability to set and achieve goals. Strong corporate governance is an inherent prerequisiteforoperationalizingasolidESGstrategyandachievingthose objectives.
Find the full text of the interview at URL: https://corporatefinanceinstitute. NB! com/resources/esg/esg-analyst-approach/
17. Search the Internet for papers relating to your research topic and write their summaries in Russian and/or English using “How to write anacademicsummary”p.23.
JUST FOR FUN
Civil 1rights.LeagueandofUnitedenvironmentalLatinAmericangroupsCitizensvfought.Regan to have the U. S. Environmental Protection Agency regulate the pesticide chlorpyrifos under federal environmental laws.
The 9th Circuit ruled that EPA violated numerous federal environmental laws by long evading its duty to determine whether
103
existing tolerances for chlorpyrifos are safe. The appeals court ordered |
|||||
EPAtoeitherissuesuchafindingorbanthepesticidewithin60daysofits |
|||||
decision. EPA ultimately decided to do the latter in the summer 2021. |
|||||
Does the appellate court decision concern environmental justice |
|||||
2.Thedesertisnot |
dump:TenggerDesertcases |
||||
issues or public health policies? or both? Why? |
|||||
|
|
desolate, |
|
||
TheTenggerDesertstretchesacrossthreeprovincesinChina’snorth- |
|||||
west and although it looks |
|
|
|
its scattered lakes and groundwater |
|
systems support herders and livestock. Unfortunately, this didn’t stop |
|||||
eight chemical firms from using the desert as a dump for polluted waste |
|||||
water. |
|
|
Green Development Foundation brought |
||
In August, 2015, the |
|||||
a case to the Ningxia First Intermediate People’s Court requesting that |
|||||
thecompanieshaltthereleaseofwastewaterandrestoretheenvironment. |
|||||
The court refused to hear the case on the grounds that the NGO was not |
|||||
“activeinenvironmentalpublicinterestactivities”,whichtheysuccessfully |
|||||
V rdict (2015) |
|
|
|
|
|
appealed in the Supreme People’s Court. |
|||||
|
– In its judgement the Supreme People’s Court said |
||||
“active in environmental public interest activities” was not just limited |
|||||
to direct involvement in improving the environment but included other |
|||||
activitiesthatbenefitenvironmentalgovernancesuchaspubliceducation, |
|||||
Verdict (2017) |
|
|
|
|
|
legal aid and bringing public interest lawsuits. |
|||||
|
– The Intermediary People’s Court of Zhongwei, |
||||
Northwest China’s Ningxia Hui autonomous region, said that the eight |
|||||
polluting enterprises should pay 569 million yuan ($86 million) for |
|||||
the restoration of the contaminated soil and another 6 million yuan |
|||||
to a public welfare fund for environmental damage. |
|||||
In your opinion, has |
|
the |
decision of the courts strengthened |
||
the legitimate role of NGOs in bringing pollution cases? Argue your position.
An opinion on the case by Zhuoshi Liu, Staff Attorney; Director, China NB! Program “A Key Victory for Citizen Suits in China”, can be found at the link.
URL: https://www.eli.org/vibrant-environment-blog/key-victory-citizen- suits-china
Medical law is the2.2body.6. MEDICALof laws LAWconcerning the rights and responsibilities of medical professionals and their patients. The main areas of focus for medical law include confidentiality, negligence and
104
othertortsrelatedtomedicaltreatment(especiallymedicalmalpractice), and criminal law and ethics.
How does the Russian healthcare system work? What are the ethical aspects of medical practice? What is the biggest challenge for doctors / medical lawyers? How do you see the future of healthcare in the world? inRussia?WhatlegalregulationsofmedicineexistinRussia?
1. |
|
Healthcare professional. An individual licensed, registered, or |
|||||||||
|
|
|
|
|
|
Terminology and Definitions |
|||||
certified to provide health care services; |
|||||||||||
2. |
|
|
|
|
|
|
All institutions, organizations, and resources |
||||
dedicated to promoting, sustaining, or restoring health; |
|||||||||||
3. |
Healthcare system. |
|
|
|
|
|
|||||
|
|
|
treatment,A patient’s decision, given voluntarily, to agree |
||||||||
to a healthcare |
|
|
. |
procedure or other intervention that is made; |
|||||||
4. |
Inform d con |
|
|
|
|
|
|||||
|
|
When someone is legally responsible for something; |
|||||||||
5. |
Liable. |
|
|
|
|
|
|
|
Professional negligence by a health care |
||
provider that leads to substandard treatment, resulting in injury |
|||||||||||
|
Medical |
|
m lpractice. |
|
|
|
|||||
to a patient; |
|
|
|
|
|
Substandard care that’s been provided by |
|||||
6. |
|
|
|
|
|
|
|
||||
a medical professional to a patient; |
|||||||||||
7. |
Medical |
|
negligence. |
|
|
The obligation of not disclosing data about |
|||||
information delivered in confidence to unauthorized third parties; |
|||||||||||
8. |
Patient confidentiality. |
|
|
||||||||
|
|
|
|
|
|
|
|
A fundamental principle in medicine that |
|||
recognizes the rights of patients to make decisions about their own |
|||||||||||
|
Patient’s |
autonomy. |
|
|
|
|
|||||
healthcare; |
|
|
|
|
|
|
|
|
A branch of the law of tort, where the skill |
||
9. |
|
|
|
|
|
|
|
|
|
|
|
ofaprofessionalfallsbelowthestandardthatsimilarprofessionalswould |
|||||||||||
|
Professional negligence. |
|
|||||||||
typically have; |
|
|
|
|
The right to determine, or decide, your future |
||||||
(in 10. |
|
). |
|
|
|
||||||
|
|
Self-determination. |
|
|
|
|
|||||
legalterms
TEXT 1
Medical1.Readthelawtextisandaboutentitlelegalit: rules, regulations, and standards that govern the and how services are given. This is done to safeguardhealthcarethe needssystemand wants of all patients as well as medics, guaranteeing the ethical provision of this professional help.
Medical law is fundamental for the healthcare industry because it provides a legal basis for medical practice while protecting the rights
105
of patients as well as practitioners. As a result, the law in this area is very |
||||||||||||||||
muchethicallyandrightsbased.Disputesarisinginmedicallawmayvary |
||||||||||||||||
from aclaim resulting from minor |
|
|
|
|
|
|
toone resulting |
|||||||||
from a complete violation of human rights. |
|
|
|
|
|
|
|
|||||||||
|
|
|
|
|
|
|
|
medical malpractice |
|
|
|
|||||
|
In previous centuries, patients had few rights in deciding their |
|||||||||||||||
medical treatment. Doctors were considered to know what was in their |
||||||||||||||||
best interests so patients put full trust intheir doctors. At thesame time, |
||||||||||||||||
doctors alone assumed the duty of making treatment decisions for their |
||||||||||||||||
patients, without any obligation totake into consideration their patients’ |
||||||||||||||||
wishes.However,overtimetherelationshipbetweendoctorsandpatients |
||||||||||||||||
has changed. For example, |
|
|
|
|
|
|
often undertake |
|||||||||
invasive treatments like surgeries on their patients. The law responds |
||||||||||||||||
|
|
|
|
|
|
|
h althcare professionals |
|
|
|
|
|||||
tothis‘invasion’byhandingpatientsarighttoconsentorindeedtorefuse |
||||||||||||||||
these treatments. Thelaw responds tothis ‘invasion’ by handing patients |
||||||||||||||||
a right to consent or indeed to refuse these treatments. The ethical role |
||||||||||||||||
of medical law is ultimately to protect the |
|
|
|
|
|
|
|
and right |
||||||||
to |
|
|
|
|
|
. |
|
|
patient’s autonomy |
|
||||||
|
Healthcare professionals are subject to laws |
and regulations. |
||||||||||||||
|
self-determination |
|
|
|
|
|
|
|
|
|
|
|||||
They have an established duty to their patients, to provide them with |
||||||||||||||||
a standard of care that would be considered suitable inmedical practice. |
||||||||||||||||
Falling below that standard could constitute ‘ |
|
|
|
|
’, |
|||||||||||
leavingthem |
|
|
toaclaimagainstthem.Thishelpstoprotectpatients |
|||||||||||||
from medical malpractice, and in the event of |
profes i |
nal negligence |
||||||||||||||
|
|
|
|
, awards them |
||||||||||||
|
|
|
|
liable |
|
|
|
|
informed consent patient |
|||||||
with an effective remedy. |
|
|
|
|||||||||||||
confMedical law encompasses issues such as |
|
|
negligence |
|
, |
|||||||||||
|
|
|
|
, |
|
|
|
, reproductive rights. It, therefore, |
||||||||
provides a basis for delivering medical services by setting out some |
||||||||||||||||
|
|
ntiality |
medical negligence |
|
|
|
|
|
|
|
|
|||||
norms for doctors’ activities, thereby ensuring that their patients will |
||||||||||||||||
always be safe. |
|
|
|
|
|
|
|
|
|
|
|
|
||||
|
|
1 |
Leducate Explains: Medical Law. URL: https://www.leducate.co.uk/ |
|||||||||||||
Notes: |
2 |
news/leducate-explains-medical-law |
|
|
|
|
|
|
|
|||||||
|
Medical Law. URL: https://www.contractscounsel.com/b/medical-law |
|||||||||||||||
|
|
|
||||||||||||||
2. Find in the text the English equivalents for the following words and
здравоохранениеphrases: ;медицинскаяпрактика;полноедоверие;желание пациентов;датьсогласие;эффективноесредствоправовойзащиты; охватывает; репродуктивные права; быть в безопасности.
106
1. constitute |
|
a) theorganizedprovision of medical care to individuals |
|||||||
|
3.Matchthewords therightwiththeirdefinitionsontheleft: |
||||||||
|
|
|
|
or a community |
|
|
|
|
|
2. remedy |
|
|
b) a person receiving or registered to receive medical |
||||||
|
|
|
|
treatment |
|
|
|
|
|
3. invasive |
|
|
c) a medical practitioner or student |
|
|||||
4. treatment |
|
d) a demand for something as due |
|
|
|||||
5. claim |
|
|
e) the use of drugs, exercises, etc. to cure a person |
||||||
|
|
|
|
of an illness or injury |
|
|
|
||
6. medic |
|
|
f) (of medical treatment) involving cutting the skin or |
||||||
|
|
|
|
putting something into one of the spaces in the body |
|||||
7. patient |
|
|
g) a method of legally solving a problem or disagreement |
||||||
8. healthcare |
|
h) to give legal form to |
|
|
|
||||
1. A doctor offering a patient |
… participation in a procedure |
||||||||
|
4.Matchthesentenceshalves: |
|
|
|
|
||||
a prescription drug … |
|
is optional. (a) |
|
||||||
2. The patient’s needs |
|
… are protected from mistakes, fraud, |
|||||||
and health … |
|
|
|
and outright bad medicine. (b) |
|||||
3. A doctor cannot threaten … |
|
… to be trained, talented, |
|
||||||
|
|
|
|
|
|
and focused. (c) |
|
||
4. Healthcare professionals are … |
|
… must be given voluntarily. (d) |
|||||||
5. The patient expects the medical |
|
… their patient into giving their |
|||||||
team … |
|
|
|
|
consent. (e) |
|
|
||
6. Valid consent … |
|
… must inform them of the potential |
|||||||
|
|
|
|
|
|
side effects. (f) |
|
||
7. The patient understands that … |
|
… subject to laws and regulations. (g) |
|||||||
|
|
|
|
|
|
|
. Thenconsent, duties, health, |
||
healthcare, law, laws, patient, treatment |
|
|
|||||||
|
5. Comp ete the sentenc s with these words: |
check you understand |
|||||||
|
1.Medical doctors and mental______________________professionals have |
||||||||
thewordsandphrasesinbold: |
|
with their patients. 2. |
|
||||||
long had |
|
|
|
|
|
, |
|||
|
relates |
|
is one of the key focuses of medical |
||||||
and |
|
tradition of confidentiality |
|
|
Medical |
||||
|
to the liability of a medical professional. 3. A right to consent |
||||||||
malpractice
inmedical law confers aright for the______________________togive orrefuse
107
permission |
for |
, |
|
|
|
treatment |
or |
|
. 4. |
A patient |
|||||
cannot |
|
|
|
|
pressured or manipulated into giving consent |
||||||||||
to |
|
|
|
|
medical |
|
|
|
ex minati n |
|
|
||||
be |
|
lawful .5.Medicallawisthatbranchofalegalsystemthat |
|||||||||||||
|
forced |
and |
|
|
|
concerningthefieldofmedicine, |
|||||||||
addressesthe |
|
|
|
|
|
|
|||||||||
involving the rights |
|
medical treatmentof healthcare professionals, |
|||||||||||||
and patients. 6. For any |
|
ethicalissues |
|
to proceed, a patient must |
|||||||||||
give informed |
|
|
|
|
|
. 7. The rules on ______________________ |
|||||||||
are always changing because medicine is a |
|
and |
|
||||||||||||
on Human |
|
|
. 8. Since the introduction of the |
|
ever- |
||||||||||
|
|
|
|
|
|
, there has been a |
|
fast-growing |
|
||||||
changing area |
|
societal shift to |
make sure |
||||||||||||
|
|
|
|
|
|
|
|
European Conv ntion |
|||||||
|
|
|
|
|
protect the individual’s Human Rights. |
|
|
||||||||
|
|
Rights |
|
|
|
|
|
|
|
|
|
||||
6.Makeupaplanofthetextandretellthetextaccordingtoyourplan:
TEXT 2
7.Readthetextandmakealistofactivitiesmedicallawyerscarryon:
The field of medicalMEDICALlaw is organizedLAWYERSinto several major areas. Lawyers can either cover all the areas or focus on one or more to provide specific legal services. A medical lawyer does handle negligence cases. But they also advocate for the rights of medical professionals. They also help develop healthcare policies or regulate drug approvals.
The area of medical law is as vast as the medical field. A medical lawyer is an individual working in the field of justice. They understand and practice basic law but they specialize in medical practice standards.
Medical lawyers can specialize in government health programs. They oversee regulations of drug approvals, handle the legislative aspect of healthcare issues. Medical lawyers can handle cases of healthcare fraud, such as drug fraud, insurance fraud. professional misconduct.
In addition, medical law practitioners are in great demand by the government, healthcare practitioners and hospitals, drug companies and other health agencies. They work on developing policies, consulting on federal programs, policies for hospitals and pharmaceutical firms.
Medical lawyers provide advice to healthcare companies. But they do more than provide advice on malpractice cases. Lawyers also consult on patent applications, advertising law and drug regulation.
Medical lawyers may represent medical agencies in cases where patientsclaimtobevictimsofmedicalnegligence.Theycanalsorepresent patients or former patients in medical malpractice cases.
108
Medical law practitioners are responsible for remaining up to date on laws and regulations in medical law. They also must ensure that their clients are represented fairly. The daily responsibilities of many health lawyers include the following: advising clients on healthcare matters, advocating for clients, researching legal matters, preparing documents.
1 What Do Medical Lawyers Do: Understanding Their Duties. URL: Notes: https://warnerandwarner.com/what-do-medical-lawyers-do/
2 HowtoBecomeaHealthcareLawyer.URL:https://publichealth.tulane.
edu/blog/how-to-become-a-healthcare-lawyer/
8. Look through the text and find synonyms to the following words and healthphrases:lawyer; malfeasance; doctor; license; organization; issue.
9. Look through the text again and give English equivalents for
основныеthefollowing:области; юридические услуги; регулировать выдачу разрешений на лекарственные препараты; стандарты медицинской практики; проблемы здравоохранения; страховое мошенничество; медицинская халатность; случаи врачебной халатности.
10. Read the text again and answer the question: What does it mean tobealawyerinthemedicalfield?
TEXT 3
11. Read the text and answer the question: Who can raise a medical malpracticeclaim?
Medical malpracticeMEDICALor clinicalMALPRACTICEnegligence is one of the key focuses of medical law, and relates to the liability of a medical professional for negligence in the diagnosis or treatment of a patient resulting in injury or death. Malpractice takes place when a medical professional or organization breaches its duty of care towards a patient. It can occur inmanydifferentscenarios:negligence,inexperience,imprudence,failure to diagnose and properly treat medical emergencies; surgical mistakes; errors with medication or treatment; delays in diagnosis; birth injuries; failure to advise of diagnosis; lack of informed consent; abandonment.
If a medical professional or organization is found to be negligent, one may be able to take legal action and be eligible for compensation.
109
There are two types of damages available in medical malpractice |
|||||
cases: compensatory damages and punitive damages. |
|
||||
|
|
are designed to compensate. To the extent possible, these |
|||
|
|
|
|
|
C mpensatory |
types of damages are meant to make the person as “whole” as they were |
|||||
damages |
|
|
|
|
|
before the incident occurred. In certain cases, punitive damages may be |
|||||
awarded. |
|
|
|
are not based on actual injuries sustained. |
|
Instead, they are away topunish themedical professionalfor intentional |
|||||
|
|
Punitive d mages |
|
|
|
or grossly negligent conduct that caused the injury to the plaintiff. One |
|||||
example where punitive damagesmay be appropriate iswhen the victim |
|||||
is able to prove that she was not providedwith proper informed consent |
|||||
(e.g. by surgeon1 |
before operation). |
|
|||
|
TypesofMedicalMalpractice.URL:https://injurylawyer.com/medical- |
||||
2 malpractice-attorney/types-of-medical-malpractice/ |
|
||||
Notes: |
Medical Law. URL: https://www.hg.org/medical-law.html |
||||
3 |
|||||
|
Medical Malpractice. URL: https://www.topdoctors.co.uk/medical- |
||||
|
dictionary/bad-practice |
|
|||
12. Read the text again and decide whether the following statements aretrue. Aorpatientfalse.Ifcantheraisestatementa claimisfalse,if theycorrecthaveit:suffered personal injury as a result of clinical negligence.
2. Medical malpractice can be caused by only one type of error – negligence.
3.Incasesofmedicalmalpractice,twotypesofdamagesarepossible: compensatory damages and penalties.
4. Punitive damages may be appropriate even if the victim cannot prove that they were notprovided with proper informed consent.
13.Matchthewordsontheleftwiththeonesontherighttomakepairs.
Give them the Russian equivalents. Use these collocations in the sentences |
|
1. medical |
a) injuries |
ofyourown. |
b) damages |
2. birth |
|
3. compensatory |
c) professional |
4. actual |
d) negligence |
5. negligent |
e) consent |
6. punitive |
f) injuries |
7. informed |
g) damages |
8. clinical |
h) conduct |
110
