Problems of definition "will" and "willability" in civil law of Ukraine

One of the main requirements of transaction is the fact, that the will of the user must be free and meet its internal freedom. The existence of different defects of will are the basis for nullity in court (for example, mistake, fraud, violence, coincidence of serious circumstances etc.) according to provisions of the Civil Code of Ukraine. Practice of consideration these cases about recognition of transactions void discovers ambiguity of some legislative provisions, which establish the legal consequences of the invalidity transactions with will defects. So the courts apply the same rule of substantive law ambiguously in disputes that follow from such relationships. The judicial practice not fully solves this problem which is defined in the explanation of high specialized courts

Procedure of signing contract of storage at the warehouse

Стаття присвячена висвітленню особливостей укладення договору зберігання на товарному складі. Проведено розмежування договору від складського документа. Акцентовано увагу на складських документах як невід’ємній частині договору зберігання на товарному складі.The article is devoted to features of contract of storage at the warehouse. The article shows delimitation between contract and warehouse document. The author focuses on warehousing documents as an integral part of the contract storage at the warehous

Facilitating Access to Justice in the Area of Economic Competition Protection

The relevance of the study is determined by the fact that all types of competitive relations should be affected in the formation of business development programs and be based on the adoption of appropriate decisions by all parties of economic relations. The novelty of the study is determined by the fact that each of the participants in economic relations in some cases cannot receive concomitant protection, which is based on equal access to the functions and organs of justice, which are provided by public authorities as carriers of justice. The practical significance of the study is determined by ensuring fair competition to form the prerequisites for the development of the social environment

Periods of development storage at the warehouse in Ukraine

Стаття присвячена періодам розвитку договору зберігання на товарному склад

European experience of signing contract storage in warehouse

The article is devoted to the development of relations stored on the warehouse of origin from England to its development in Ukraine. This article analyzes the experience of warehousing in Europe and the legislative provision storage in Ukrainian law. We analyze the concluding a separate contract storage at the warehouse simultaneously with the transfer of warehouse receipts. The necessity of referring to the warehouse receipts securities. Analyzed the following types of warehouse receipts as a warehouse receipt, a simple warehouse certificate and double warehouse certificate. Definitely need to introduced species such securities market turnover

Зберігання на товарному складі зі знеособленням

Важливе значення для розвитку будь-якої національної правової системи є розвиток та вдосконалення регулювання певного виду відносин, системний підхід до вирішення проблем та запозичення позитивного іноземного досвіду. Прийняття 16 січня 2003 року Цивільного кодексу України1 (далі — ЦК України) дало поштовх для розвиту власної правової системи та наблизило її до вимог світової системи приватного права. ЦК України закріпив регулювання нових видів договорів, що було продиктоване потребами економічного обороту та розвитку договірних зобов’язань. А саме в ЦК України закріплені нові положення щодо регулювання зберігання речей, визначених родовими ознаками, що зумовлює необхідність аналізу цих положень, оскільки все це має істотне значення для правильного й однозначного застосування норм ЦК Україн

Prediction of Outcome and Endovascular Treatment Benefit

Background and purposeBenefit of early endovascular treatment (EVT) for ischemic stroke varies considerably among patients. The MR PREDICTS decision tool, derived from MR CLEAN (Multicenter Randomized Clinical Trial of Endovascular Treatment for Acute Ischemic Stroke in the Netherlands), predicts outcome and treatment benefit based on baseline characteristics. Our aim was to externally validate and update MR PREDICTS with data from international trials and daily clinical practice.MethodsWe used individual patient data from 6 randomized controlled trials within the HERMES (Highly Effective Reperfusion Evaluated in Multiple Endovascular Stroke Trials) collaboration to validate the original model. Then, we updated the model and performed a second validation with data from the observational MR CLEAN Registry. Primary outcome was functional independence (defined as modified Rankin Scale score 0–2) 3 months after stroke. Treatment benefit was defined as the difference between the probability of functional independence with and without EVT. Discriminative performance was evaluated using a concordance (C) statistic.ResultsWe included 1242 patients from HERMES (633 assigned to EVT, 609 assigned to control) and 3156 patients from the MR CLEAN Registry (all of whom underwent EVT within 6.5 hours). The C-statistic for functional independence was 0.74 (95% CI, 0.72–0.77) in HERMES and, after model updating, 0.80 (0.78–0.82) in the Registry. Median predicted treatment benefit of routinely treated patients (Registry) was 10.3% (interquartile range, 5.8%–14.4%). Patients with low (<1%) predicted treatment benefit (n=135/3156 [4.3%]) had low rates of functional independence, irrespective of reperfusion status, suggesting potential absence of treatment benefit. The updated model was made available online for clinicians and researchers at www.mrpredicts.com.ConclusionsBecause of the substantial treatment effect and small potential harm of EVT, most patients arriving within 6 hours at an endovascular-capable center should be treated regardless of their clinical characteristics. MR PREDICTS can be used to support clinical judgement when there is uncertainty about the treatment indication, when resources are limited, or before a patient is to be transferred to an endovascular-capable center

Effect of general anaesthesia on functional outcome in patients with anterior circulation ischaemic stroke having endovascular thrombectomy versus standard care: a meta-analysis of individual patient data

Background: General anaesthesia (GA) during endovascular thrombectomy has been associated with worse patient outcomes in observational studies compared with patients treated without GA. We assessed functional outcome in ischaemic stroke patients with large vessel anterior circulation occlusion undergoing endovascular thrombectomy under GA, versus thrombectomy not under GA (with or without sedation) versus standard care (ie, no thrombectomy), stratified by the use of GA versus standard care. Methods: For this meta-analysis, patient-level data were pooled from all patients included in randomised trials in PuMed published between Jan 1, 2010, and May 31, 2017, that compared endovascular thrombectomy predominantly done with stent retrievers with standard care in anterior circulation ischaemic stroke patients (HERMES Collaboration). The primary outcome was functional outcome assessed by ordinal analysis of the modified Rankin scale (mRS) at 90 days in the GA and non-GA subgroups of patients treated with endovascular therapy versus those patients treated with standard care, adjusted for baseline prognostic variables. To account for between-trial variance we used mixed-effects modelling with a random effect for trials incorporated in all models. Bias was assessed using the Cochrane method. The meta-analysis was prospectively designed, but not registered. Findings: Seven trials were identified by our search; of 1764 patients included in these trials, 871 were allocated to endovascular thrombectomy and 893 were assigned standard care. After exclusion of 74 patients (72 did not undergo the procedure and two had missing data on anaesthetic strategy), 236 (30%) of 797 patients who had endovascular procedures were treated under GA. At baseline, patients receiving GA were younger and had a shorter delay between stroke onset and randomisation but they had similar pre-treatment clinical severity compared with patients who did not have GA. Endovascular thrombectomy improved functional outcome at 3 months both in patients who had GA (adjusted common odds ratio (cOR) 1·52, 95% CI 1·09–2·11, p=0·014) and in those who did not have GA (adjusted cOR 2·33, 95% CI 1·75–3·10, p<0·0001) versus standard care. However, outcomes were significantly better for patients who did not receive GA versus those who received GA (covariate-adjusted cOR 1·53, 95% CI 1·14–2·04, p=0·0044). The risk of bias and variability between studies was assessed to be low. Interpretation: Worse outcomes after endovascular thrombectomy were associated with GA, after adjustment for baseline prognostic variables. These data support avoidance of GA whenever possible. The procedure did, however, remain effective versus standard care in patients treated under GA, indicating that treatment should not be withheld in those who require anaesthesia for medical reasons

Second asymptomatic carotid surgery trial (ACST-2) : a randomised comparison of carotid artery stenting versus carotid endarterectomy

Background: Among asymptomatic patients with severe carotid artery stenosis but no recent stroke or transient cerebral ischaemia, either carotid artery stenting (CAS) or carotid endarterectomy (CEA) can restore patency and reduce long-term stroke risks. However, from recent national registry data, each option causes about 1% procedural risk of disabling stroke or death. Comparison of their long-term protective effects requires large-scale randomised evidence. Methods: ACST-2 is an international multicentre randomised trial of CAS versus CEA among asymptomatic patients with severe stenosis thought to require intervention, interpreted with all other relevant trials. Patients were eligible if they had severe unilateral or bilateral carotid artery stenosis and both doctor and patient agreed that a carotid procedure should be undertaken, but they were substantially uncertain which one to choose. Patients were randomly allocated to CAS or CEA and followed up at 1 month and then annually, for a mean 5 years. Procedural events were those within 30 days of the intervention. Intention-to-treat analyses are provided. Analyses including procedural hazards use tabular methods. Analyses and meta-analyses of non-procedural strokes use Kaplan-Meier and log-rank methods. The trial is registered with the ISRCTN registry, ISRCTN21144362. Findings: Between Jan 15, 2008, and Dec 31, 2020, 3625 patients in 130 centres were randomly allocated, 1811 to CAS and 1814 to CEA, with good compliance, good medical therapy and a mean 5 years of follow-up. Overall, 1% had disabling stroke or death procedurally (15 allocated to CAS and 18 to CEA) and 2% had non-disabling procedural stroke (48 allocated to CAS and 29 to CEA). Kaplan-Meier estimates of 5-year non-procedural stroke were 2·5% in each group for fatal or disabling stroke, and 5·3% with CAS versus 4·5% with CEA for any stroke (rate ratio [RR] 1·16, 95% CI 0·86-1·57; p=0·33). Combining RRs for any non-procedural stroke in all CAS versus CEA trials, the RR was similar in symptomatic and asymptomatic patients (overall RR 1·11, 95% CI 0·91-1·32; p=0·21). Interpretation: Serious complications are similarly uncommon after competent CAS and CEA, and the long-term effects of these two carotid artery procedures on fatal or disabling stroke are comparable