Search results

The special operative entity might be generally identified as an insolvency administrator in bankruptcy and restructuring processes of enterprise. Insolvency administrator is a profit-seeking business entity that has the right to provide bankruptcy and restructuring administration services, and in the performance of an insolvent company administration, represents both the company's and its creditors' legitimate interests. Administrator has got the law granted comprehensive authority and by excercising it effectively the insolvency practitioner contributes to the success of the whole bankruptcy and restructuring procedure. Thus, the subject of this work - insolvency administrator institute - is an interesting and debatable topic both in Lithuania and abroad. The structure of the work is determined by the purpose formulated in the introduction - to analyze the characteristics of the legal status of administrator, to assess the role of the entity in bankruptcy and restructuring processes and to discuss the experience of foreign countries on the subject. After running through the evolution of discussed institute, the main part of this work consists of Lithuanian legislation and case law analysis – the author identifies the administrators' legal status problem areas and provides the trends for development of regulation. The aspects of insolvency administrators' legal status are analyzed in the context of Lithuanian legal system as well as in other selected foreign countries - Germany, Russia, Great Britain, Finland and Slovenia. The analysis of administrative activities ends with the general conclusions concerning the legal status of insolvency administrator, as well as implications for Lithuania's position in relation to foreign practices.

The special operative entity might be generally identified as an insolvency administrator in bankruptcy and restructuring processes of enterprise. Insolvency administrator is a profit-seeking business entity that has the right to provide bankruptcy and restructuring administration services, and in the performance of an insolvent company administration, represents both the company's and its creditors' legitimate interests. Administrator has got the law granted comprehensive authority and by excercising it effectively the insolvency practitioner contributes to the success of the whole bankruptcy and restructuring procedure. Thus, the subject of this work - insolvency administrator institute - is an interesting and debatable topic both in Lithuania and abroad. The structure of the work is determined by the purpose formulated in the introduction - to analyze the characteristics of the legal status of administrator, to assess the role of the entity in bankruptcy and restructuring processes and to discuss the experience of foreign countries on the subject. After running through the evolution of discussed institute, the main part of this work consists of Lithuanian legislation and case law analysis – the author identifies the administrators' legal status problem areas and provides the trends for development of regulation. The aspects of insolvency administrators' legal status are analyzed in the context of Lithuanian legal system as well as in other selected foreign countries - Germany, Russia, Great Britain, Finland and Slovenia. The analysis of administrative activities ends with the general conclusions concerning the legal status of insolvency administrator, as well as implications for Lithuania's position in relation to foreign practices.

A modern democratic State cannot imagine itself without parties, with which the idea of representation and its practice in society are deeply connected. The legal regulation of parties and the knowledge of its evolution are problems constantly relevant not only because the democracy itself requires a specific legal status of parties, but also because it defines its characteristics. In this thesis, the parties are analysed in the terms of the history of law, in order to reveal their legal status in the context of the development of Lithuania in the "1918–1940" period, as well as to discuss – from the "pre-history" of parties to Lithuanian independence in 1918 – the differences between Lithuanian political movements and political parties and the reasons for which parties were losing public confidence, the democracy which they were establishing has started to lose popularity inside Lithuanian society and the coup of 1926 has significantly limited the activity of parties and their pluralism, so that the structure of the regime of the State has turned into authoritarianism. In 1940 the regime of occupation of Soviet Union has forbidden all parties except the communist one, in a way that not only has interrupted the development of the democratic regulation of the activity of parties, but also has altered their authentic nature. The historical analysis of political life of Lithuania in 1918–1940 take to the conclusion according towhich, even if at the birth of democratic state parties began to raise as interest groups above the public, they – and the representative democracy based on them – have been subjected to crisis of confidence, which, in that time in Lithuania, has ended with the Coup d'Etat of 1926. ; Šiuolaikinė demokratinė valstybė neįsivaizduojama be partijų su kuriomis susijusi pati visuomenės politinio atstovavimo idėja ir jos praktika. Partijos dėl savo specialaus, kartais nevienareikšmiško vaidmens stabilizuojant politinį demokratinės valstybės gyvenimą, tampa kompleksinio tyrimo objektu. Šioje disertacijoje partijos ir jų veikla tiriama teisės istorijos požiūriu, siekiant atskleisti jų teisinį statusą, jo raidą Lietuvoje 1918–1940 metais, taip pat aptarti partijų priešistoriją iki Lietuvos nepriklausomybės paskelbimo 1918 m., skirtumus tarp Lietuvos politinių judėjimų ir politinių partijų, priežastis, dėl kurių partijos ir jų realizuojamas demokratiškumas Lietuvoje ėmė prarasti populiarumą visuomenėje, o 1926 m. įvykęs valstybės perversmas ženkliai apribojo partijų veiklą, jų pliuralizmą, o pačią valstybės santvarką pasuko autoritarizmo link. Sukurta santvarka pasinaudojo 1940 m. Lietuvą okupavę sovietai: jie 1940 m. uždraudė Lietuvoje visas kitas partijas, išskyrus komunistų, sustabdė tolimesnę partijų veiklos demokratinio reglamentavimo raidą ir iškreipė autentiškąją partijų esmę. Atlikta 1918–1940 m. istorinės medžiagos analizė leidžia teigti, kad, jei besikuriančioje demokratinėje valstybėje partijos ima grupinius interesus kelti aukščiau valstybinių, partijas ir jomis besiremiančią atstovaujamąją demokratiją ištinka pasitikėjimo krizė, kuri ano meto Lietuvoje baigėsi 1926 m. valstybės perversmu.

Topic of the MA in Law thesis is relevant, whereas legal status aspects of the parties to the administrative proceedings yet have not been scrutinized in sufficient detail in Lithuania. The problem is that the draft Administrative Process Code, which is currently under preparation, intends to regulate legal status of both the parties to the administrative court proceedings and the parties to the administrative offence proceedings. Meanwhile, class differences between the said types of administrative cases are self-evident and gaps and obscurities of the existing legal regulation are factual. In case of failure to display peculiarities of legal status and position of the parties of such cases many principles of administrative law and administrative process shall be violated. Research subject of the thesis is factors determining legal status of the parties to the administrative court proceedings. Object of the research is factors determining legal status of the parties to the administrative court proceedings and the administrative offence proceedings as a whole. Research hypothesis: legal status of the parties to the administrative court proceedings is conditioned by legal regulation of administrative process, role of court in the administrative process and process role selected by the very parties of such proceedings. Aim of the research is to evaluate how particular factors affect legal status of the parties to the administrative court proceedings and to explore how to change such legal status having employed the said factors to make the administrative court proceedings more efficient, effective and time-saving. Tasks of the research: to discuss prevailing perceptions of administrative process and reveal the essence of and interrelations between basic legal categories of the administrative process; to define legal status of the parties to the administrative court proceedings and highlight peculiarities of legal status of the participants of dispute-resolving administrative court proceedings and administrative offence proceedings by especially concentrating on differences between legal statuses of the parties to the said types of proceedings; to detect factors conditioning legal status of the parties to the administrative court proceedings and examine impact of the said factors on legal status of the parties. Both theoretical and empiric methods of scientific research have been employed, namely comparative analysis, systematic analysis, analogy, analytical - critical, linguistic, logical, generalizing and document analysis methods. Complex application of the said methods played an important role in favour of correctness and reliability of generalizations and conclusions given. The working hypothesis has proved. The author has come to the following conclusions: proper regulation of legal status of the parties to the administrative court proceedings is helpful in ensuring efficiency, effectiveness and time-saving nature; the institute of the parties to the administrative court proceedings is regulated insufficiently and therefore the existing gaps must be eliminated or legal acts valid at present replaced and supplemented.

The master thesis Legal Status of Professional Athlete in the Jurisprudence of the European Court of Justice discloses the concept of professional athlete found in the jurisprudence of the European Court of Justice. The master's work contains a detailed analysis of European Union law on issues arising from both individual and team sports professional athletes. In the first part of master's work analysis of sports regulation under the European Union law is performed and the role of the European Court of Justice in regulation of sport is examined. This section also approaches the issue of professional athlete's dual understanding – a person engaged in sport can be seen both as an employee, that benefits from free movement of workers under the Treaty on the Functioning of the European Union, as well as service provider (freedom to provide services is applied). The second part of the master's work discloses the legal status of team sport professional athlete. The first section examines the problem of discrimination based on nationality of professional athlete. The second – professional athlete's status, when the sport organizations agreed on the transfer, otherwise known as the professional athlete's transition from one sport organization to another. The legal status of professional athletes in the individual sports and the main problems they face are revealed in section number three, where cases Christelle Deliège against Ligue francophone de judo et associées disciplines ASBL and David Meca-Medina, Igor Majcen against the European Commission are analyzed.

The master thesis Legal Status of Professional Athlete in the Jurisprudence of the European Court of Justice discloses the concept of professional athlete found in the jurisprudence of the European Court of Justice. The master's work contains a detailed analysis of European Union law on issues arising from both individual and team sports professional athletes. In the first part of master's work analysis of sports regulation under the European Union law is performed and the role of the European Court of Justice in regulation of sport is examined. This section also approaches the issue of professional athlete's dual understanding – a person engaged in sport can be seen both as an employee, that benefits from free movement of workers under the Treaty on the Functioning of the European Union, as well as service provider (freedom to provide services is applied). The second part of the master's work discloses the legal status of team sport professional athlete. The first section examines the problem of discrimination based on nationality of professional athlete. The second – professional athlete's status, when the sport organizations agreed on the transfer, otherwise known as the professional athlete's transition from one sport organization to another. The legal status of professional athletes in the individual sports and the main problems they face are revealed in section number three, where cases Christelle Deliège against Ligue francophone de judo et associées disciplines ASBL and David Meca-Medina, Igor Majcen against the European Commission are analyzed.

The Civil Code of the Republic of Lithuania provides that legal persons are an institution or organization having own name and being able to acquire and have rights and duties in its own name, to be a claimant or a defendant in court. A public legal person is a legal form of a legal entity that does not seek profit, cannot derive profit from its activities (or the received profits cannot be assigned to the legal person's shareholders, founders, etc.) but seek public interest. The head of a public legal person is subordinate to the person, who exercises the rights of the owner of a public legal person. Accordingly, the head of a public legal person is a person working in a public service with a predominant power within such a legal person. The thesis presents the regulation of the legal relations between the institutions of the education and health care sector and their heads. The regulation is carried out in accordance with the legislation, but in separate forms of a public legal entity, regulation may be special, i.e. established by local law, sector legislation or collective agreements. Managers in public legal persons are usually accepted by public tender in the analyzed sectors for five years. The terms of the tender may be adjusted by the public legal person itself or by the person who exercises the rights of its owner in accordance with the general rules of law. Applicants are required to meet general and specific requirements for managerial positions. Their work is regulated by special laws and statutory acts. The working relationship with the head of a public legal person ends with the termination of the employment contract provided for in the Labor Code or other laws. The contract with the head of the legal person is also terminated by revoking the head of the legal person.

The Civil Code of the Republic of Lithuania provides that legal persons are an institution or organization having own name and being able to acquire and have rights and duties in its own name, to be a claimant or a defendant in court. A public legal person is a legal form of a legal entity that does not seek profit, cannot derive profit from its activities (or the received profits cannot be assigned to the legal person's shareholders, founders, etc.) but seek public interest. The head of a public legal person is subordinate to the person, who exercises the rights of the owner of a public legal person. Accordingly, the head of a public legal person is a person working in a public service with a predominant power within such a legal person. The thesis presents the regulation of the legal relations between the institutions of the education and health care sector and their heads. The regulation is carried out in accordance with the legislation, but in separate forms of a public legal entity, regulation may be special, i.e. established by local law, sector legislation or collective agreements. Managers in public legal persons are usually accepted by public tender in the analyzed sectors for five years. The terms of the tender may be adjusted by the public legal person itself or by the person who exercises the rights of its owner in accordance with the general rules of law. Applicants are required to meet general and specific requirements for managerial positions. Their work is regulated by special laws and statutory acts. The working relationship with the head of a public legal person ends with the termination of the employment contract provided for in the Labor Code or other laws. The contract with the head of the legal person is also terminated by revoking the head of the legal person.

The Civil Code of the Republic of Lithuania provides that legal persons are an institution or organization having own name and being able to acquire and have rights and duties in its own name, to be a claimant or a defendant in court. A public legal person is a legal form of a legal entity that does not seek profit, cannot derive profit from its activities (or the received profits cannot be assigned to the legal person's shareholders, founders, etc.) but seek public interest. The head of a public legal person is subordinate to the person, who exercises the rights of the owner of a public legal person. Accordingly, the head of a public legal person is a person working in a public service with a predominant power within such a legal person. The thesis presents the regulation of the legal relations between the institutions of the education and health care sector and their heads. The regulation is carried out in accordance with the legislation, but in separate forms of a public legal entity, regulation may be special, i.e. established by local law, sector legislation or collective agreements. Managers in public legal persons are usually accepted by public tender in the analyzed sectors for five years. The terms of the tender may be adjusted by the public legal person itself or by the person who exercises the rights of its owner in accordance with the general rules of law. Applicants are required to meet general and specific requirements for managerial positions. Their work is regulated by special laws and statutory acts. The working relationship with the head of a public legal person ends with the termination of the employment contract provided for in the Labor Code or other laws. The contract with the head of the legal person is also terminated by revoking the head of the legal person.

The Civil Code of the Republic of Lithuania provides that legal persons are an institution or organization having own name and being able to acquire and have rights and duties in its own name, to be a claimant or a defendant in court. A public legal person is a legal form of a legal entity that does not seek profit, cannot derive profit from its activities (or the received profits cannot be assigned to the legal person's shareholders, founders, etc.) but seek public interest. The head of a public legal person is subordinate to the person, who exercises the rights of the owner of a public legal person. Accordingly, the head of a public legal person is a person working in a public service with a predominant power within such a legal person. The thesis presents the regulation of the legal relations between the institutions of the education and health care sector and their heads. The regulation is carried out in accordance with the legislation, but in separate forms of a public legal entity, regulation may be special, i.e. established by local law, sector legislation or collective agreements. Managers in public legal persons are usually accepted by public tender in the analyzed sectors for five years. The terms of the tender may be adjusted by the public legal person itself or by the person who exercises the rights of its owner in accordance with the general rules of law. Applicants are required to meet general and specific requirements for managerial positions. Their work is regulated by special laws and statutory acts. The working relationship with the head of a public legal person ends with the termination of the employment contract provided for in the Labor Code or other laws. The contract with the head of the legal person is also terminated by revoking the head of the legal person.

Human behavior is regulated by many factors. Among them we identify religion, traditions, laws, courts, state institutions, influential individuals, emotions, mind, heart, conscience. Legal regulation of a society, however, is one of the most important legal theory categories. The reasons for legal regulation are different in different systems. For example, in a state dominated by a classical system, the behavior of people is regulated by legal means that pursue to standardize the aggression of one social group against other social groups. On the contrary, in a democratic state, the legal regulation seeks to coordinate the interests of the opposing groups, thereby maintaining social cohesion in the society. As practice shows, the democratic form of legal regulation is more effective when legal means are aimed at regulating human relations to make them fair and consolidating the rights of all social groups. This means that legal regulation can be called the socialization of human behavior for the protection of the society and development of resistance to domination and enslavement. The regulation of human behavior is related to human consciousness – it is driven by conscious processes and especially with regard that not only the law affects the behavior of a person, but also other social norms, economic or other benefits, fear, conscience, etc. However, although these other factors may legally be significant, legal regulation rests only on legal mechanisms that control human consciousness and behavior. Before becoming legal categories, they closely interact with the more general philosophical categories. These categories are considered in the article.

Human behavior is regulated by many factors. Among them we identify religion, traditions, laws, courts, state institutions, influential individuals, emotions, mind, heart, conscience. Legal regulation of a society, however, is one of the most important legal theory categories. The reasons for legal regulation are different in different systems. For example, in a state dominated by a classical system, the behavior of people is regulated by legal means that pursue to standardize the aggression of one social group against other social groups. On the contrary, in a democratic state, the legal regulation seeks to coordinate the interests of the opposing groups, thereby maintaining social cohesion in the society. As practice shows, the democratic form of legal regulation is more effective when legal means are aimed at regulating human relations to make them fair and consolidating the rights of all social groups. This means that legal regulation can be called the socialization of human behavior for the protection of the society and development of resistance to domination and enslavement. The regulation of human behavior is related to human consciousness – it is driven by conscious processes and especially with regard that not only the law affects the behavior of a person, but also other social norms, economic or other benefits, fear, conscience, etc. However, although these other factors may legally be significant, legal regulation rests only on legal mechanisms that control human consciousness and behavior. Before becoming legal categories, they closely interact with the more general philosophical categories. These categories are considered in the article.

Posljednjih je godina teorijska literatura o međunarodnim odnosima znatno napredovala u proširivanju i preciziranju tipologije revizionističkih država – država koje teže preraspodjeli moći u međunarodnom sistemu i/ili promjeni normativnog poretka. Istovremeno je malo pozornosti posvećeno pojmu status quo države, kojim se označava država koja teži zadržavanju moći i očuvanju postojećeg stanja. Status quo država uglavnom se svodi na status quo predrasudu koja se odnosi na države koje imaju averziju prema riskiranju u vanjskopolitičkim odlukama i ne sudjeluju aktivno u oblikovanju međunarodne politike ili pak na države koje nastoje egzistencijalno preživjeti u anarhičnom sustavu. Literatura pritom previđa ono bitno u opreci kategorija: sukob revizionističke i status quo države. Naime, otvoreno suparništvo s revizionističkom državom i agresivno pružanje otpora promjeni redovito se označava kao još jedan vid revizionizma. U ovom se radu pokazuje da kategorija status quo države nije slučajno u "mrtvom kutu" teorije međunarodnih odnosa. Razlog je tomu što uvjet njezine mogućnosti – konsenzualni međunarodnopravni poredak – u suvremenim okolnostima nije prisutan. Povijesno iskustvo pokazuje da u određenim, veoma rijetkim uvjetima konsenzualnoga međunarodnopravnog poretka države s agresivnim motivima i nerijetko ofenzivnim sredstvima mogu biti status quo države. Pokazat će se da su u moderno doba samo dva razmjerno kratkotrajna međunarodna poretka činila status quo državu mogućom: europski vestfalski sustav ravnoteže snaga u 18. stoljeću i hladnoratovski detant u drugoj polovici 20. stoljeća. ; In recent years, the International Relations theoretical literature has made significant progress in expanding and refining the typology of revisionist states – states that seek to redistribute power in the international system and/or change the normative order. At the same time, little attention is paid to the notion of the status quo state, which denotes a state that strives to retain power and preserve the status quo. The category of status quo states is mainly reduced to either status quo bias referring to the states that have an aversion to risk in foreign policy decisions and do not actively participate in international politics or to the states that seek to survive in the anarchic system. At the same time, the literature overlooks the key aspect of the opposing categories: the conflict between the revisionist state and the status quo state. Namely, open rivalry with the revisionist state and aggressive resistance to change is regularly labeled as another form of revisionism. This paper shows that the category of the status quo state is not accidentally in the IR theoretical "blind spot". The reason for this is that the condition of its possibility – a consensual international legal order – is not present in modern circumstances. Historical experience shows that in certain and very rare conditions of a consensual international legal order, states with aggressive motives and often offensive means can be categorized as status quo states. It will be shown that in the modern age only two relatively short-lived international orders made the status quo possible: the European Westphalian system of balance of powers in the 18th century and the Cold War détente in the second half of the 20th century.

Constitutional-formative status of political parties & political pluralism has a major impact on shaping political will in democracies. Croatia, as a country caught in the process of a (democratic & liberal) transition to democracy, must carefully contemplate how to constitutionally institutionalize, ie, legally secure recognition for political parties as the key actors in shaping peoples' political will, but at the same time by laws to legally & precisely restrain the scope & methods of their activity. In line with this, the author analyzes & evaluates the experience of the Italian First Republic & the French Fifth Republic. The constitutional standardization of political parties in those regimes took place in, for us, comparable social & political circumstances of the so-called extreme & polarized pluralism, which, according to Sartori, inevitably leads to a deeply seated crisis or even a civil war. While the Italian Constitution of 1947 recognizes that centrifugal type of political pluralism, the French Constitution of the Fifth Republic of 1958 envisages the function of its political parties in the same manner to overcome the polarized pluralism of the Fourth Republic. The Italian Constitution defines political parties as instruments above the state, providing guidance ("they determine the national politics"), while the French Constitution reduces their function to the electoral process & stipulates that they have to respect national sovereignty; ie, they have to be a "democratic" influence in the state, ancillary political participants in the democratic political process. The constitutional changes that established the Croatian Third Republic meant that the French institutional arrangement (semipresidential plurality system) was renounced as a way of overcoming polarizing party dynamics. If the French Fifth Republic was a response to the impasse of the Fourth Republic's "regime of parties," why was Croatia's Second Republic (1990-2000) forsworn & the Third republic instituted, modeled after the unequivocally failed regime of the French Fourth Republic? 61 References. Adapted from the source document.

This master thesis examines the challenge of artificial intelligence in the field of human rights protection and the ability regulate the status of robots. The paper analyses various issues, i.e. the concept of artificial intelligence, the principles of its operation, the types of artificial intelligence and robots, its legal status, the liability for damages caused by artificial intelligence, and the effect of artificial intelligence on the fundamental rights and freedoms of individuals. The rapid technological development, insufficient legal regulation of this area and the European Parliament's Report with Recommendations to the Commission on Civil Law Rules on Robotics of 27 January 2017 has led to the relevance of this work. As it was mentioned before, this paper deals with various issue, however, the attention is focused on three followings aspects. First, the granting legal status to artificial intelligence. This kind of decision is related to the issue of compensation of the damage, since at the moment, it is possible to trace to human factor who had caused the damage, however, with the emergence of autonomous artificial intelligence (one who has exceptional abilities: thinks, understands, makes decisions, etc.), such regulation will no longer be effective and the subjectivity of artificial intelligence would lead to the emergence of the new person, i.e. "electronic person", who could be responsible for its actions or omissions. Second, the liability for damages caused by artificial intelligence. This issue is particularly significant, as it is not yet clear how the liability should be applied, the focus will be on the analysis of strict civil liability. The last aspect to be analysed is the protection of the rights and freedoms of individuals due to the effects of artificial intelligence, i.e. the rights which could mostly be violated because of the impact of artificial intelligence are going to be discussed, i.e. the right of the protection of personal data, privacy, dignity, property rights, the right to a fair trial, freedom of expression and the prohibition of discrimination.