Letteratura scientifica selezionata sul tema "Unified procedural regime"
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Articoli di riviste sul tema "Unified procedural regime":
1
Rantasaari, Krista. "Growth companies and procedural safeguards in European patent litigation". Maastricht Journal of European and Comparative Law 25, n. 2 (aprile 2018): 168–87. http://dx.doi.org/10.1177/1023263x18773966.
Abstract (sommario):
The unitary patent system with the establishment of the Unified Patent Court will lead to unitary patent protection covering most European Union countries. Moreover, it will lead to litigation with the same geographical reach. One potential concern related to increasing litigation is the so-called ‘patent trolls’ (non-practicing entities) that purchase patents for the purpose of portfolio building or company financing. One of the key expressed justifications of the unitary patent system was to support small- and medium-sized enterprises by securing them easier and wider access to patents. The aim of this article is to examine procedural safeguards from the perspective of the start-up and growth companies. These safeguards protect start-up and growth companies when acting as defendants. As a corollary, they weaken the enforcement mechanisms from the perspective of the plaintiff. The safeguards addressed in this article are fee shifting, preliminary injunctions, and bifurcation. As the Unified Patent Court system is still evolving, the current state of European patent litigation in key jurisdiction countries (Germany, the United Kingdom and the Netherlands) is analysed. This article explores how these safeguards evolve in the unitary patent regime and their potential to reduce uncertainty for start-up and growth companies when acting as defendants.
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Александр Валентинович, Черезов,. "THE GROUNDS AND PROCEDURE FOR USING THE RESULTS OF ROUTINE, OPERATIONAL-SEARCH MEASURES, PROCEDURAL ACTIONS AT THE STAGE OF INITIATION OF A CRIMINAL CASE". Vestnik Samarskogo iuridicheskogo instituta, n. 5(51) (20 dicembre 2022): 142–46. http://dx.doi.org/10.37523/sui.2022.51.5.025.
Abstract (sommario):
В статье рассматриваются вопросы соотношения оперативно-розыскных и режимных мероприятий, режимных мероприятий и процессуальных действий, процессуальных действий и оперативно-розыскных мероприятий, а также их значение для стадии возбуждения уголовного дела. Автором исследуется и обосновывается порядок процессуального оформления результатов указанных мероприятий и дальнейшего их использования в доказывании по уголовным делам с точки зрения процессуального законодательства. Исследуются юридические последствия подмены результатов оперативно-розыскных мероприятий результатами режимных мероприятий, представляемых уполномоченными лицами УИС по поручениям следователей в рамках доследственных проверок. Кроме того, в настоящем исследовании рассмотрено правовое значение ст. 89 Уголовно-процессуального кодекса РФ, в которой законодатель допускает возможность использования результатов оперативно-розыскной деятельности в доказывании. Целью написания статьи явилась выработка единого подхода к разграничению процессуальных и непроцессуальных средств фиксации следов преступлений, а также изучение вопроса о возможности преобразования (конвертации) их результатов друг в друга. Актуальность указанной статьи выражается в том, что принципиальный подход и грамотное немедленное реагирование на любое проявление преступных действий со стороны заключенных, а также иных лиц, лежит в основе обеспечения правопорядка на режимных территориях уголовно-исполнительной системы. The article deals with the issues of the correlation of operational-search and regime measures, regime measures and procedural actions, procedural actions and operational-search measures, as well as their significance for the stage of initiation of a criminal case. The author investigates and substantiates the procedure for the procedural registration of the results of these measures and their further use in proving criminal cases from the point of view of procedural legislation. The legal consequences of the substitution of the results of operational investigative measures, the results of regime measures submitted by authorized persons of the Criminal Investigation Department on behalf of investigators in the framework of pre-investigation checks are investigated. In addition, this study examines the legal significance of Article 89 of the Criminal Procedure Code of the Russian Federation, in which the legislator allows the possibility of using the results of operational investigative activities in proving. The purpose of writing the article was to develop a unified approach to the differentiation of procedural and non-procedural means of fixing the traces of crimes, as well as to study the possibility of transformation (convertation) their results in each other. The relevance of this article is expressed in the fact that a principled approach and competent immediate response to any manifestation of criminal actions on the part of prisoners, as well as other persons, is the basis for ensuring law and order in the regime territories of the penal system.
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MILEWICZ, KAROLINA, ANDRÉ BÄCHTIGER e ARNE NOTHDURFT. "Constitutional pluralism or constitutional unity? An empirical study of international commitment (1945–2007)". Review of International Studies 36, n. 2 (aprile 2010): 305–36. http://dx.doi.org/10.1017/s0260210510000045.
Abstract (sommario):
AbstractThis article asks whether international law is moving towards a more unified constitutional order or whether differentiated types of constitutional processes are emerging. We study the sequencing and ratification pace of 32 ‘quasi-constitutional’ international agreements containing procedural guidelines for inter-state relations and fundamental human rights provisions for individuals drawn up between 1945 and 2007. We do so in a comparative and quantitative fashion applying sophisticated statistical tools, namely event history techniques combined with counting processes. On the basis of our multi-treaty framework, the findings do not lend support to a unified and quick process of global constitutionalisation. Rather, they provide evidence for the idea of a ‘multi-speed globe’ of differentiated constitutionalisation. We also make a first attempt to study antecedents to global constitutionalisation. Our findings show that processes of global constitutionalisation vary across regime types and world regions (while there is no effect for new and old states).
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Afanaseva, S. I., e O. V. Dobrovlyanina. "ON THE INTRODUCTION, DEVELOPMENT, IMPROVEMENT OF ELECTRONIC METHODS OF COLLECTING EVIDENTIARY INFORMATION IN CRIMINAL CASES". Вестник Пермского университета. Юридические науки, n. 2(60) (2023): 349–77. http://dx.doi.org/10.17072/1995-4190-2023-60-349-377.
Abstract (sommario):
Introduction: the article analyzes the essence and innovative significance of digital evidence in criminal proceedings, discusses the procedural ways of collecting evidence that contains digital information during preliminary investigation and in court proceedings, justifies the need to modernize evidence-collecting activity. Purpose: based on the analysis of scientific sources and materials of investigative and judicial practice, to shape the understanding of a new regime of evidence-collecting activity in criminal proceedings resulting from the introduction of updated procedural methods for the collection of evidence containing digital information. Methods: general scientific dialectical method, universal scientific methods (analysis and synthesis, induction and deduction, structural-functional method, formal-logical method), special legal methods (comparative legal method, method of system interpretation). Results: we analyzed the judicial and investigative practice of applying and scientific commenting on the norms of the Criminal Procedure Code of the Russian Federation and other domestic procedural codes regulating the performance of procedural actions on the collection of evidence containing digital information. The analysis showed the need to improve the conceptual apparatus in the light of the digitalization of criminal justice procedure; revealed polarization of the legislator’s approaches to the turnover of evidence in various forms of legal proceedings. Following the analysis results, we propose unified standards of electronic evidence-collecting tools in Russian procedural legislation and the practice of their application. Conclusions: it is proposed to understand ‘digital evidence’ as both information in digital form and an electronic method of recording and storing digital data; to ensure an updated systematization of procedural actions on the collection of evidence having a digital component in pre-trial and trial proceedings; to expand the range of electronic tools of preliminary investigation and judicial review in criminal cases.
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Chernychenko, I. V., e A. A. Matsola. "Features of conducting investigative actions under the conditions of the martial state". Analytical and Comparative Jurisprudence, n. 2 (23 giugno 2023): 358–63. http://dx.doi.org/10.24144/2788-6018.2023.02.62.
Abstract (sommario):
The article highlights the peculiarities of conducting investigative actions in the conditions of martial state in Ukraine. The changes to the Criminal Procedure Code of Ukraine were analyzed, namely: the possibility of making a decision to start a pre-trial investigation by the inquirer, investigator, prosecutor, if there is no technical possibility to access the Unified register of pre-trial investigations; execution of the powers of the investigating judge by the head of the relevant prosecutor’s office; the right to entrust the pre-trial investigation of any criminal offense to another pre-trial investigation body; the possibility of conducting investigative actions at night (from 10 p.m. to 6 a.m.); conducting a search or inspection of a person’s home or other possessions without the involvement of disinterested persons, in cases where their involvement is objectively impossible or is associated with a potential danger to their life or health; the possibility of remote participation of the defender in the investigation action.The authors draw attention to the fact that the rules for the use of testimony obtained under martial state have changed. Court decisions can be justified by testimony given to the investigator, prosecutor, even if the court did not directly perceive such testimony during the trial. The right of the inquirer, investigator, prosecutor to translate explanations, statements or documents, if he speaks one of the languages spoken by the suspect, the victim and in the presence of circumstances that make it impossible for the translator to participate in criminal proceedings, has been criticized. The issue of recording the progress and results of investigative actions by available technical means and the need to save copies of the protocols of investigative actions in electronic form is revealed.It has been established that, based on the analysis of the norms of criminal procedural legislation, the peculiarities of conducting and recording the course and results of investigative (search) actions in the conditions of martial law have been identified. The analyzed innovations are aimed at ensuring the effective functioning and activity of bodies that carry out pre-trial investigation and inquiry. At the same time, it is necessary to comply with all the requirements of the criminal procedural form, guarantees of the rights of participants in investigative (search) actions, take into account the potential danger to their life or health and the difficult conditions in which Ukraine is today, the conditions of the legal regime of martial law.
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Yulova, Ekaterina S. "Title creditors’ claims to be paid after the claims listed in the Claims register in insolvency proceedings". Vestnik of Saint Petersburg University. Law 12, n. 4 (2021): 1034–55. http://dx.doi.org/10.21638/spbu14.2021.414.
Abstract (sommario):
The article is devoted to the consideration of one of the categories of creditors’ claims. In most cases, these claims are not listed in the Сlaims register. These are allowed claims that are paid after claims listed in the Claims register. In the Russian scientific literature and in judicial practice, these claims are called “claims after those listed in the Register”, “post-listed claims”. The article analyzes the concept and types of such creditors’ claims, the procedure for their accounting and payment in legislation, court practice, scientific research and the draft Federal Law “On Amendments to the Federal Law ‘On Insolvency (Bankruptcy)’”. The author analyzes the legal problems associated with the lack of both legal consolidation of these legal categories and a unified approach to their content. The development of the composition of the claims “after those listed in the Register” in the domestic legislation and judicial practice is considered. Related terms developed by legal science are compared by the author. The criteria and grounds for lowering the priority, as well as exceptions from the list of claims “after those listed in the Register”, adopted in law enforcement practice are highlighted. The legal regime and the ratio of types of creditors’ claims are investigated. Special attention is paid to the issue of determining, in theory and in practice, the moment of settlements on the claims: within the insolvency proceedings or after its conclusion. It is concluded that the unresolved legal problems noted in the article entail a violation of the rights and legitimate interests of creditors, contradictions in law enforcement practice. The author makes proposals to change the current legislation in terms of defining the concept, types, accounting procedure and procedural aspects for payment of creditors’ claims to be paid after the claims listed in the Claims register.
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Shulhan, Iryna, e Kateryna Prodan. "Peculiarities of the introduction of the joint transit procedure in Ukraine". Visnik Nacional’nogo universitetu «Lvivska politehnika». Seria: Uridicni nauki 10, n. 40 (18 dicembre 2023): 184–89. http://dx.doi.org/10.23939/law2023.40.184.
Abstract (sommario):
The article is devoted to the topical issues of legal regulation of the customs transit regime in Ukraine in the context of adaptation of customs legislation to the norms and standards of the European Union. Establishment of customs regimes is one of the central components of the customs system. Their introduction is intended to serve the development of foreign trade, economic cooperation and contribute to the state budget. Customs regimes play a stimulating, regulatory and protective role in the process of economic growth. The authors examine the customs transit regime and its variant, the common transit regime, and analyse its legal nature and peculiarities of legal regulation. Transit is an important customs regime which performs a stimulating function and contributes to the development of Ukraine's foreign economic relations, and its functioning requires proper legal support. The article reveals the concept and essence of the novelty of customs legislation "unified clearance system", which is a legal regulation of the procedure and conditions for moving goods through the customs territory of Ukraine under the unified clearance system. The rights and obligations of the subjects of the common transit regime, legal support of customs procedures and electronic data exchange in the course of application of the common transit regime are considered. The author analyses the legal support of customs procedures and electronic data exchange during the application of the common transit procedure through the electronic transit system. The analysis of national and international legal acts proves that the system has its own specifics, its own content and is an integral element of the common transit regime. It is emphasised that a number of issues related to the coexistence of two customs regimes (transit and common transit) require further regulation in the relevant legislation. In addition, the legislator will face the task of further reforming the functioning of the customs system by introducing appropriate amendments and additions to the Customs Code of Ukraine and other legislative acts.
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Savenkov, Aleksei Vladimirovich. "Diversity of procedures for the enforcement of judicial acts covered by budgetary immunity". Административное и муниципальное право, n. 2 (febbraio 2023): 36–46. http://dx.doi.org/10.7256/2454-0595.2023.2.40438.
Abstract (sommario):
This article examines the applicability of the budgetary immunity regime to legal procedures for the judicial acts execution. While the title of the regime refers only to its applicability to the funds of budgets, amendments to the legislation have resulted in the inclusion of the funds of participants in treasury support in the text of the article itself. Over the years, the budgetary legislation has also introduced a procedure for the enforcement of funds recorded in the personal accounts of autonomous and budgetary institutions, which is similar to the procedure for the enforcement under the budgetary immunity. However, there is doubt as to whether these procedures are homogeneous and whether they can be referred to the same regime. This article represents the first study in the doctrine of budget law on the modification of the budget immunity caused by its extension to the funds of participants in treasury support. The author concludes that the application of a single regime of budgetary immunity to all of the above-mentioned relations is unjustified, thus several independent legal regimes are needed. The peculiarities of the legal status of participants in treasury support and autonomous and budgetary institutions and the funds provided to them from the budget cannot be taken into account by unified rules. However, the author notes the absence of legislative changes concerning the name of the immunity regime for budgets while changing its content suggests the desire of the public entity to preserve the immunity regime for budgets as the only one.
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Leitão, N., e F. A. Gilabert. "A unified J-Integral-based procedure to investigate at different loading regimes the fracture by FEM simulations and image analysis". Journal of the Mechanics and Physics of Solids 149 (aprile 2021): 104318. http://dx.doi.org/10.1016/j.jmps.2021.104318.
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Voser, Nathalie. "New Rules on Domestic Arbitration in Switzerland". ASA Bulletin 28, Issue 4 (1 dicembre 2010): 753–66. http://dx.doi.org/10.54648/asab2010076.
Abstract (sommario):
Until 2000, the competence for procedural laws in Switzerland had been vested with the cantons and not with the Swiss Federation. For domestic arbitration, a unification of the cantonal provisions had taken place through a Concordat, which is an agreement between cantons. The Concordat regarding domestic arbitration was concluded in 1969 (“Concordat”). On 1 January 2011, the new Swiss Code on Civil Procedure (“CCP”) will enter into force. It regulates and unifies the civil procedure before State Courts throughout Switzerland. In its Part 3, it provides for a new set of rules for domestic arbitration. The present article discusses the main principles and goals of the revised rules on domestic arbitration in Switzerland. Although the new rules are based on the Concordat, some changes have been introduced. The present article highlights the most important ones. The drafters of the CCP provisions on domestic arbitration have not limited themselves to amending the Concordat but have taken the opportunity to modernize the current regime of domestic arbitration and have thus introduced new provisions regulating the issues which have not been explicitly provided for under the old regime. Some of these provisions are specifically noteworthy also from the point of view of international arbitration practitioners because these provisions are also new in comparison to Chapter 12 of the Swiss Private International Law Act (“PILA”), which forms the Swiss lex arbitrii for international arbitration. The article therefore also briefly highlights the main differences of the revised rules on domestic arbitration as compared to Chapter 12 PILA. Finally, as a concluding remark, the author addresses the question of whether, in light of the newly introduced rules on domestic arbitration, the PILA is in need of a revision as well.
Tesi sul tema "Unified procedural regime":
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Françoise, Marylou. "L'office du juge en conflit de lois : Etude en droit de l'Union européenne". Electronic Thesis or Diss., Lyon, 2021. http://www.theses.fr/2021LYSE3044.
Abstract (sommario):
L’élaboration de règles de conflit de lois uniformes par l’Union européenne accompagne le projet du développement d’un espace européen de justice civile visant à garantir la prévisibilité des litiges. L’uniformisation européenne des règles de conflit de lois ne s’est accompagnée d’aucun régime procédural unifié. L’internationalité du litige et la mise en œuvre de la règle de conflit de source européenne sont ainsi tributaires des ordonnancements procéduraux internes. Si, en droit international privé traditionnel, l’office du juge justifie d’un traitement purement national du fait de sa nature procédurale, l’hétérogénéité des systèmes procéduraux interroge au regard des objectifs poursuivis par l’Union. Plus particulièrement, le caractère optionnel de la règle de conflit généré par un traitement procédural national hétérogène contredit les impératifs d’uniformité et d’effectivité commandés par l’espace judiciaire européen. La création de règles de conflit de lois uniformes ne suffit pas à établir une pratique judiciaire commune.Afin d’assurer le développement d’un espace commun de justice civile, l’uniformisation des règles de conflit de lois doit s’accompagner d’un encadrement procédural général de l’office du juge. La présente étude invite à réfléchir à un modèle d’office européen en conflit de lois, à l’aune de l’européanisation ponctuelle dont fait déjà l’objet la réalisation de la règle de conflit de lois au travers des lois de police et de l’autonomie de la volonté. Il devra être généralisé en systématisant l’application d’office par le juge de la règle de conflit de lois tout en permettant aux parties de se manifester lorsque la règle le permetThe development of uniform choice-of-law rules by the European Union accompanies the project of developing a European area of civil justice the aim of which is guaranteeing the predictability of disputes. The European standardization of choice-of-law rules has not gone along with a unified procedural regime. The internationality of the dispute and the implementation of the conflict rule from European sources consequently depend on internal procedural arrangements. Although the procedural statute of the choice-of-law rule justifies a strictly national treatment because of its procedural nature in traditional private international law, the heterogeneity of the procedural systems raises questions about the objectives pursued by the Union. The optional nature of the choice-of-law rule generated by national procedural treatment, in particular, contradicts the imperatives of uniformity and effectiveness required by the European standard. The creation of uniform conflict-of-law rules does not establish a common judicial practice on its own.To ensure the development of a common area of civil justice, the standardization of choice-of-law rules must go along with a general procedural framework for the procedural statute of the choice-of-law rule. This study suggests us to reflect on a model of a European judicial practice in conflict of laws, in the light of the ad hoc framework that already exists in mandatory provisions and parties’ autonomy. It should be generalized by systematizing an ex officio application of the choice-of-law rule by the judge while allowing the parties to come forward when the rule allows it
Capitoli di libri sul tema "Unified procedural regime":
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Júdová, Elena. "Current Issues of Deciding Cross-border Succession Matters in the Slovak Republic". In Universal, Regional, National – Ways of the Development of Private International Law in 21st Century, 179–95. Brno: Masaryk University Press, 2019. http://dx.doi.org/10.5817/cz.muni.p210-9497-2019-9.
Abstract (sommario):
The European Regulation no 650/2012 unified the determination of jurisdiction and applicable law in succession matters in the Member States of the European Union. At the same time, it underlined other issues that complicate decision making on cross-border succession in the Slovak Republic. One of the most striking is the resolution of the issue of settling the common property of spouses, which under Slovak procedural law, is exercised by a notary in succession proceedings. The Slovak Republic does not participate at the enhanced cooperation on cross-border matrimonial property regimes, so joining jurisdiction in these cases with succession proceedings is very complicated. The present article deals with this and some other issues which the fragmentation of EU private international law brings.
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Büttner, Tilmann. "Rule 224 Time periods for lodging the Statement of appeal and the Statement of grounds of appeal". In Unified Patent Protection in Europe: A Commentary. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198755463.003.0390.
Abstract (sommario):
An appellant must follow a series of time periods for lodging and reasoning his appeal, otherwise he runs the risk of failing the appeal for reasons of formality. An appeal against merely procedural decisions is subject to a considerably strict regime of time limits with the time period for both lodging the appeal and setting out the grounds for appeal being only 15 days beginning with service of either the decision to be appealed or granting of leave to appeal.
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Miguel Sousa, Ferro. "Part II The Member State Reports on Transposition of the Directive, 15 Portugal". In The EU Antitrust Damages Directive. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198812760.003.0015.
Abstract (sommario):
This chapter analyzes the transposition of the Antitrust Damages Directive in Portugal. It first provides a general overview of the transposition procedure, focusing on the unified Bill that was adopted by the Plenary of the Parliament on 20 April 2018 and configured as the Transposition Act. It then describes the scope of private enforcement of competition law in Portugal before considering specific issues that arose from the transposition of the Directive, such as those relating to rights to pre-trial discovery, partial centralization of private enforcement at the specialized Court, access to evidence, time-barring deadlines, protecting failed settlement talks, the binding force of public enforcement decisions, concepts of undertaking and parent company liability, the presumed proportion of responsibility for joint liability, the quantification of damages, the Portuguese opt-out regime (actio popularis), and the effect on trade between Member States.
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Siatitsa, Ilia. "The substantive component—identifying a serious violation of human rights". In Serious Violations of Human Rights, 26—C1.N195. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192863041.003.0002.
Abstract (sommario):
Abstract Chapter 1 introduces and analyses the essential elements that allow determination of whether a violation of human rights is serious. While the expression is widely used, none of the treaties, decisions, or resolutions using the expression (or similar ones) defines what a serious violation of human rights is. Also, there has been no attempt so far to develop a common working definition by the various instruments that invoke serious violations. As a result, it appears that there is no uniform understanding regarding the gravity threshold. The chapter offers a careful examination of the relevant international practice, allowing a common understanding to be deduced regarding human rights violations that would amount to serious violations for the international community. Instead of offering a fixed definition, it is proposed that the character of the violations (their impact on victims and their structure) bears more significance than the specific human rights provisions that were breached. This unified understanding is in line with the principles of equality and the indivisibility of human rights. It is argued that this category of human rights violations is the central substantive component of the special regime. The interrelated but diverse cluster of rules, decision-making procedures, and consequences revolving around this substantive component are examined in the following chapters.
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Ribeiro, Lucimila Teixeira, e Lidiane Régia Pereira Braga de Britto. "Analysis of the sociodemographic and clinical profile of patients with breast cancer in Petrolina-PE". In A LOOK AT DEVELOPMENT. Seven Editora, 2023. http://dx.doi.org/10.56238/alookdevelopv1-081.
Abstract (sommario):
Objective: To perform the descriptive analysis of the main sociodemographic and clinical characteristics of breast cancer patients followed at the Petrolina Oncology Center - PE between 2010 and 2015. Methodology: A retrospective and descriptive study with a transversal approach, where 670 medical records were analyzed. Results: A predominance of female patients (99.25%) occurred, most of them referred by the Brazilian Unified Health System (SUS) (52.24%), presenting a mean age of 56.15 ± 14.41, race / color (79.25%), non-alcoholics (77.91%), presence of family history of cancer (57.16%) and level of schooling until incomplete primary education (43.58%). Regarding the clinical data, prevalence of the diagnosis in stage I (21.64%) was observed, with the invasive ductal being the most common histological type of tumor (79.40%). The most used therapeutic approach was the surgery associated to the use of chemotherapy, radiotherapy and hormone therapy (30.90%). Radical mastectomy modified with the axillary evacuation procedure, were the most performed surgical intervention (23.58%). At the end of the first treatment, the disease was often stable (74.63%), with a reduced amount of patients performing breast reconstruction (4.95%). Conclusion: A better knowledge of the individuals’ profile affected by breast cancer in the Submédio São Francisco allows health managers and patients to obtain more information about the disease and its epidemiology, as well as clinical and therapeutic characterization of the disease. Such data never before evaluated in the region, may enable the development of more effective strategies in the prevention and diagnosis of breast neoplasia.
Atti di convegni sul tema "Unified procedural regime":
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Koc¸ak, Mustafa. "Fitness for Service Analysis of Structures Using the FITNET Procedure: An Overview". In ASME 2005 24th International Conference on Offshore Mechanics and Arctic Engineering. ASMEDC, 2005. http://dx.doi.org/10.1115/omae2005-67564.
Abstract (sommario):
A number of Fitness-for-Service (FFS) procedures (include analytical methods) have been specifically developed and used to address the components of a particular industrial sector. A number of industrial sectors, such as nuclear power, petrochemical, offshore, aerospace or pipeline girth weld applications have established FFS standards in place for the assessment of flaws found in-service. Some methods for design and remaining life assessments of fatigue-loaded structures are still unduly conservative in different loading regimes. Hence, there is still a need to generate a general purpose, unified, comprehensive and updated FFS methodology in Europe by covering four major failure modes (fracture, fatigue, creep and corrosion) in metallic load bearing components with or without welds. As a result, the European Community funded the project FITNET in the form of a Thematic Network (TN) organisation to review the existing FFS procedures and develop an updated, unified and verified European FITNET FFS Procedure to cover structural integrity analysis to avoid failures due to fracture, fatigue, creep and corrosion. FITNET TN is a four year project with the objective of developing and extending the use of FITNET FFS Procedure for welded and non-welded metallic structures throughout Europe. It is partly funded by the European Commission within the fifth framework programme and launched at February 2002. The network currently consists of 50 organisations from 16 European and three non-European countries representing various industrial sectors and academia. Further information can be found in the FITNET TN website: http://www.eurofitnet.org. FITNET Fitness-for-Service analysis of engineering structures aims to provide better design principles, support for fabrication of new components, prevention of service failures due to fracture, fatigue, creep and corrosion damages (no coverage of structural instability due to buckling). FITNET FFS criteria can be used to establish the size limits for defects in various engineering structures and can provide substantial cost savings in operating such structures. The use of the FITNET FFS Procedure involves making an assessment of a component containing a defect to ensure its structural integrity for its intended design life or until its next inspection period. The outcome of the assessment of a component in service is a decision to operate as is, repair, monitor (including re-setting of inspection intervals), or replace. The aim of this paper is to give an overview of the objectives and technical content of the FITNET FFS Procedure currently developed and validated by the European Fitness for Service Network FITNET and hence inform the offshore technical community.
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Song, Shaopin, e Pingsha Dong. "Analysis of Residual Stresses in Pipe Seam Welds and a Proposed Residual Stress Profile Estimation Method". In ASME 2015 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/pvp2015-45726.
Abstract (sommario):
A recent comprehensive investigation into residual stress distributions in pipe and vessel longitudinal seam welds is presented in this paper, covering component wall thickness from 1/4” (6.35mm) to 10” (254mm), component radius to wall thickness ratio from 2 to 10, and linear welding heating input from low (50 J/mm) to high (6000 J/mm). Through the use of a residual stress decomposition technique, two key parameters that govern through-thickness residual stress distributions in terms of their membrane and bending content have been identified. One is component radius to wall thickness ratio (r/t) and the other is a characteristic heat input density (Q̂) having a unit of J/mm3. With these two parameters, a unified functional form for representing through-thickness residual stress profile behaviors in seam welds is proposed along with its solution procedure for applications in weld region. The simplicity of the proposed residual stress profile estimation scheme in functional form and demonstrated applicability for a wide range of r/t and Q̂ provides an effective framework for generating residual stress profile information for supporting defect assessment procedures in FFS codes and standards.
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Dong, Pingsha, Xianjun Pei e Shizhu Xing. "A Structural Strain Method for Fatigue Evaluation of Welded Components". In ASME 2014 33rd International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/omae2014-24546.
Abstract (sommario):
In this paper, a new structural strain method is presented to extend the early structural stress based master S-N curve method to low cycle fatigue regime in which plastic deformation can be significant while an elastic core is still present. The method is formulated by taking advantage of elastically calculated mesh-insensitive structural stresses based on nodal forces available from finite element solutions. The structural strain definition is consistent with classical plate and shell theory in which a linear through-thickness deformation field is assumed a priori in both elastic and elastic-plastic regimes. With considerations of both yield and equilibrium conditions, the resulting structural strains are analytically solved if assuming elastic and perfectly plastic material behavior. The formulation can be readily extended to strain-hardening materials for which structural strains can be numerically calculated with ease. The method is shown effective in correlating low-cycle fatigue test data of various sources documented in the literature into a single narrow scatter band which is remarkable consistent with the scatter band of the existing master S-N curve adopted ASME B&PV Code since 2007. With this new method, some of the inconsistencies of the pseudo-elastic structural stress procedure in 2007 ASME Div 2 Code can now be eliminated, such as its use of Neuber’s rule in approximating structural strain beyond yield. More importantly, both low cycle and high cycle fatigue behaviors can now be treated in a unified manner. The earlier mesh-insensitive structural stress based master S-N curve method can now be viewed as an application of the structural strain method in high cycle regime, in which structural strains are linearly related to traction-based structural stresses according to Hook’s law. In low-cycle regime, the structural strain method characterizes fatigue damage directly in terms of structural strains that satisfy linear through-thickness deformation gradient assumption, material nonlinear behavior, and equilibrium conditions. The use of a pseudo-elastic structural stress definition is not fundamental, but merely a means to put low-cycle and high-cycle fatigue test data in a conventional stress-based S-N data representation which is typically preferred in engineering practice, than a strain-based representation.
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Rosa, Isabella Inês Rodrigues, Alexandre Santana Valadares, Douglas Marques de Paula, Tiago Paiva Prudente, Maria Elvira Freitas Martins, Guilherme Ferreira Barros e Ana Laura de Sene Amâncio Zara. "ASPECTS OF BREAST CANCER DIAGNOSIS AND DELAYED TREATMENT IN BRAZIL". In Abstracts from the Brazilian Breast Cancer Symposium - BBCS 2021. Mastology, 2021. http://dx.doi.org/10.29289/259453942021v31s2077.
Abstract (sommario):
Objective: Breast cancer is one of the leading causes of death in women worldwide. Several studies highlight the correlation between delayed treatment and high mortality. However, few researchers have addressed the main reasons for long delays in the healthcare system. This study aims to analyze different aspects influencing the postponement of treatment in Brazil. Methodology: An ecological approach using the secondary data from the Oncology Panel of the Brazilian Unified Health System (SUS). The data were collected on February 13, 2020, and included the diagnoses of breast cancer (ICD-10: C50 and D05) from 2015 to 2020. The aspects analyzed included the waiting time for the first treatment, procedure, staging, and region. Anatomopathological diagnoses made after a surgical procedure were not included. Results: According to the Brazilian laws, oncological patients need to start treatment within 60 days (5). However, the data reveal that only 45.22% of breast cancer patients (stages 2–4) started the treatment within 60 days. This is more alarming when looking at the procedures. Over half of the patients submitted to chemotherapy and 76.8% submitted to radiotherapy received their treatment after 60 days from the diagnosis. Interestingly, our geographic analysis did not reveal significant disparities among regions. The lower-income regions had 49.01–57.07% of patients treated after the recommended time frame. The higher-income regions had values from 43.44% to 54.44%. Conclusion: Despite the knowledge that later treatments result in worse outcomes and the legal right of earlier treatment, our results show a current controversial frame in Brazil. Most patients take longer than recommended, and the worst scenario is for radiotherapy patients. No substantial differences were found among lower- and higher-income regions, although it is likely that further analysis with different approaches could be more sensitive to deny or confirm this assumption.
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Sham, T. L. Sam, e Daniel R. Eno. "Estimation Uncertainty in the Determination of the Master Curve Reference Temperature". In ASME 2010 Pressure Vessels and Piping Division/K-PVP Conference. ASMEDC, 2010. http://dx.doi.org/10.1115/pvp2010-25332.
Abstract (sommario):
The Master Curve Reference Temperature, T0, characterizes the fracture performance of structural steels in the ductile-to-brittle transition region. For a given material, this reference temperature is estimated via fracture toughness testing. A methodology is presented to compute the standard error of an estimated T0 value from a finite sample of toughness data, in a unified manner for both single temperature and multiple temperature test methods. Using the asymptotic properties of maximum likelihood estimators, closed-form expressions for the standard error of the estimate of T0 are presented for both test methods. This methodology includes statistically rigorous treatment of censored data, which represents an advance over the current ASTM E1921 methodology. Through Monte Carlo simulations of realistic single temperature and multiple temperature test plans, the recommended likelihood-based procedure is shown to provide better statistical performance than the methods in the ASTM E1921 standard.
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Zhao, A. H. "A Forward Explicit Algorithm With Automatic Error Control for a Cyclic Thermoviscoplastic Coupled With Damage Model of Sn-Pb Solder". In ASME 2005 Pressure Vessels and Piping Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/pvp2005-71597.
Abstract (sommario):
A self-correcting forwards gradient time integration procedure is formulated for the integration of a unified viscoplastic constitutive coupled with damage model for a eutectic solder alloy under cyclic fatigue loading. The procedure has been implemented numerically in the commercial finite element (FE) code ABAQUS (Version 6.2) via the user-defined material subroutine. The stress (constitutive) Jacobian explicit solution is derived. Schemes of the algorithm are verified by a series of numerical examples, including (1) Single-element simulations for uniaxial test, tensile creep, and fatigue simulations to reveal the optimum combination of the user-specified tolerance and the prescribed load step size to obtain a desired accuracy at a minimum cost. (2) Two three-dimensional analyses for monotonic tensile loading and fatigue loading were conducted for a miniature specimen of solder to show the capability of the proposed procedure to deal with thermomechanical loading. (3) Simulation of a shear notched specimen under monotonic loading was compared with the test to illustrate the ability of this algorithm for the specimen that has a serious damage region. The numerical examples illustrated that the explicit algorithm as well as empirical rule for adaptive time increment is effective for simulating cyclic thermoviscoplastic behavior of solder. The research can be applied to the simulation of viscoplasic behavior and fatigue life of softening materials.
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Brumovsky, Milan. "Lifetime Management of WWER Reactor Pressure Vessels". In ASME/JSME 2004 Pressure Vessels and Piping Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/pvp2004-2972.
Abstract (sommario):
Reactor pressure vessels are the most important components of nuclear power plants from safety and economic point of view. Thus, special interest is given to their lifetime management that requires a precious and periodical evaluation of their conditions. In Czech Republic, special program has been prepared for reactor pressure vessels in both nuclear power stations — Dukovany NPP with 4 units of WWER-440 MW and Temelin with 2 units of WWER-1000 MW reactors. This program is based on the following activities: • detailed calculations of real and potential regimes, especially of pressurized thermal shock events, • determination of vessel properties on the basis of testing surveillance specimens from standard, modified and supplementary programs, • calculations of neutron fluences on vessel wall, • measurements of neutron fluences on surveillance specimens and in vessel cavity, • evaluation of all results, evaluation of fluence and material property trends, • recommendations for future reactor pressure vessel operation (potential mitigation measures). The paper describes in detail all these activities and gives examples of their results and final evaluations. Lifetime assessment is based on a “Unified Procedure for Lifetime Assessment of Components and Piping in WWER NPPs (VERLIFE)” using “Master Curve” approach for vessel integrity evaluation [1].
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Uchida, Ken, e Seijiro Suzuki. "A Study on the Hydrodynamic Load in a Water Pool When Discharged Air Forms a Bubble Cloud". In ASME 2006 Pressure Vessels and Piping/ICPVT-11 Conference. ASMEDC, 2006. http://dx.doi.org/10.1115/pvp2006-icpvt-11-93281.
Abstract (sommario):
This paper presents a numerical and qualitative study on the expected hydrodynamic load-reducing effect of bubbly media near a volumetrically oscillating bubble. In this study, the bubble or bubble cloud is assumed to be spherically symmetric, and its motion is analyzed as a one-dimensional compressible two-phase flow in the radial direction in spherical coordinates. We adopted the CCUP (CIP-Combined Unified Procedure) method, which is a unified analysis method for both compressible and incompressible fluids proposed by Yabe et al. (1991) in order to treat interaction among gas, liquid, and two-phase media, and to avoid large numerical dissipation at density discontinuities. To verify the analysis program we developed, we analyzed free oscillations of a bubble with a unity void fraction and of a bubble cloud with an initial void fraction of 0.5, and found that the natural frequency from numerical results are well reproduced with an error of 0.9% for the bubble and 5% for the bubble cloud as compared to those obtained on a theoretical basis. Using this method, we analyzed the free oscillation of a bubble cloud in which a bubble with a unity void fraction is covered by a bubbly media layer with an initial void fraction of 0.5. Numerical results show that the amplitude of pressure oscillation inside the bubble is about halved, and that a higher mode of oscillation appears when a bubbly media layer covers the bubble. The measured results from a blowdown test we previously reported also shows a similar higher mode of oscillation. The amplitude of pressure oscillation in the water region was apparently reduced when a thick bubbly media layer covers the bubble. Thus, if the bubbly media is ejected from sparger holes prior to the ejection of a high-pressure bubble, the bubbly media might reduce the hydrodynamic load induced in a water pool made by volumetric oscillation of the bubble.
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Brumovsky, Milan. "Evaluation of Reactor Internals Integrity and Lifetime According to the NTD ASI". In ASME 2018 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/pvp2018-84140.
Abstract (sommario):
Reactor internals are components that are no typical pressure boundary but they are nevertheless very important as they hold fuel elements and all reactor control system elements and thus must ensure their safe and reliable operation during the whole reactor life under all operating and even beyond bases regimes. In principle, reactor internals can be replaced but their weight, quantity of very high activated material and cost such possibility practically excluded. Thus, evaluation of the reactor internals condition and prediction of their behavior during the whole or even extended lifetime is of high importance. Reactor internals are subjected to very high neutron irradiation that could initiated not only stress corrosion (irradiation assisted) cracking but also large embrittlement and changes in dimensions (swelling and creep). VERLIFE – “Unified Procedure for Lifetime Assessment of Components and Piping in WWER NPPs during Operation” was initiated and co-ordinated by the Czech and was developed within the 5th Framework Program of the European Union in 2003 and later upgraded within the 6th Framework Program “COVERS – Safety of WWER NPPs” of the European Union in 2008. This Procedure had to fill the gap in original Soviet/Russian Codes and Rules for Nuclear Power Plants (NPPs) with WWER (Water-Water-Energetic-Reactor = PWR type) type reactors, as those codes were developed only for design and manufacture and were not changed since their second edition in 1989. VERLIFE Procedure is based on these Russian codes but incorporates also new developments in research, mainly in fracture mechanics, and also some principal approaches used in PWR codes. Within the last upgrading and principal extending of this VERLIFE Procedure was developed within the 3-years IAEA project (in close co-operation with another project of the 6th Framework Program of the European Union “NULIFE – Plant Life Management of NPPs”) that started in 2009 with final approval and editing in 2013”) a part dealing with the evaluation of reactor internals lifetime was elaborated.. This IAEA VERLIFE procedure for internals has been implemented into the existing Normative Technical Documentation (NTD) ASI (Czech Association of Mechanical Engineers), Section IV – Evaluation of Residual Lifetime of Components and Piping in WWER type NPPs. Main damaging mechanisms that should be taken into account in reactor internals and the procedure are described in detail with necessary formulae for materials of internals: - Radiation hardening - Radiation embrittlement - Radiation swelling - Radiation creep - Swelling under stress effect - Swelling inducing embrittlement - Irradiated assisted stress corrosion cracking - Transformation austenite-ferrite and also the method for evaluation of the resistance against non-ductile failure of postulated defect. The paper will describe these main principles and also more detailed information on the procedure for evaluation of reactor internals will be given.
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Brumovsky, Milan. "NTD ASI, Section IV: Evaluation of Residual Lifetime of Components and Piping in WWER Type NPPs". In ASME 2018 Pressure Vessels and Piping Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/pvp2018-84139.
Abstract (sommario):
VERLIFE – “Unified Procedure for Lifetime Assessment of Components and Piping in WWER NPPs during Operation” was initiated and co-ordinated by the Czech and was developed within the 5th Framework Program of the European Union in 2003 and later upgraded within the 6th Framework Program “COVERS – Safety of WWER NPPs” of the European Union in 2008. This Procedure had to fill the gap in original Soviet/Russian Codes and Rules for Nuclear Power Plants (NPPs) with WWER (Water-Water-Energetic-Reactor = PWR type) type reactors, as those codes were developed only for design and manufacture and were not changed since their second edition in 1989. VERLIFE Procedure is based on these Russian codes but incorporates also new developments in research, mainly in fracture mechanics, and also some principal approaches used in PWR codes. Last upgrading and principal extending of this VERLIFE Procedure was realized within the 3-years IAEA project (in close co-operation with another project of the 6th Framework Program of the European Union “NULIFE – Plant Life Management of NPPs”) that started in 2009 with final approval and editing in 2013. As all versions of the VERLIFE procedure were coordinated by the Czech and first version was based on the Czech version of the NTD ASI, there have been simultaneously incorporated into the Czech NTD ASI (Normative Technical Documentation of the Czech Association of Mechanical Engineers) guidelines that are accepted by the Czech State Office for Nuclear Safety for the use in evaluation of Czech NPPs. This document has several parts: Section IV – “Evaluation of Residual Lifetime of Components and Piping in WWER type NPPs” deals with the evaluation during NPP operation. Main part of the document is divided into four main parts: - Evaluation of resistance of components and piping against non-ductile failure - Evaluation of resistance of component and piping against fatigue damage, - Evaluation of resistance of components and piping against corrosion-mechanical damage - Evaluation of residual lifetime of components and piping with defects found during in-service inspections Additionally, several appendices are included for detailed description of individual parts of evaluation, e.g. - Determination of neutron fluences in reactor pressure vessel and internals - Determination of degradation of materials during operation - Requirements for evaluation of pressurized thermal shock regimes - Evaluation of corrosion-errosion effects in piping - Environmental fatigue evaluation - Evaluation of reactor pressure vessel failure probability Finally, the following appendices dealing with components integrity have been included: - Lifetime of reactor pressure vessel internals - Leak-before-break concept for WWER piping - No-break-zone for WWER piping The paper will describe structure and main principles of this Section IV.