Suchergebnisse

The article focuses on understanding the content of valuables of high scientific, historical or cultural significance as one of the aggravating element of the theft, stipulated in Part 3 of Article 178 of the Criminal Code of Lithuania. The author represents the conception of this aggravating element in criminal theory and practice and comes to the conclusion, that incrimination of the element aggravating theft valuables of high scientific, historical or cultural significance is determined by the following two criteria: the objective one (it should be established that it is valuable of high scientific, historical or cultural significance rather than just some valuable of sci­entific, historical or cultural significance which has been stolen) and the subjective (i.e. understanding by the offender that he is stealing not just some valuables but valuables which have high significance for science, culture, and history). However, evaluation of the cultural, historical, and scientific significance of valuables is assigned to the competence of experts who have special professional education. In order to avoid possible contradiction with the subjective principle of criminal capacity, the author proposes to specify, when formulating this element, that the aforementioned valuables should be publicly exhib­ited or belong to a publicly accessible collection. Finally, the author discloses some peculiarities of implementation of the analyzed element and shows the inconsequence of the legislator in establishing punishment for some property offences hav­ing the same aggravating elements.

The article analyses the attitudes of modern libertarianism (F. Hayek, R. Nozick, J. Narveson) and its predecessors (J. Locke, A. Smith) to the problem of social justice. The Market symbolizes basic premises of libertarianism: a) productivity of commerce self-interest, b) an organic identity between private property and freedom, c) conceptual individualism. Conclusion, based on those premises, is that simple, commutative (making correction) justice only demands to undo any damage to other members of human society. Following these conditions enables peaceful collaboration among people. Meanwhile, the principle of social justice demands to divide material wealth among the society members according to the criteria of their moral merits or economic rights. The libertarians argue that it is impossible in the free society due to the following: 1) people attach different significance to different merits, 2) the connection between values of payments and merits is accidental, 3) the universal scale of merits, for instance, in accordance with work, could be applied at the expense of human rights. The tribal origin of social justice is found by the libertarians. They claim that hunting for social justice in welfare states (also in Lithuania) has laid foundations for "workers' ideology"– populism. As a result of populist politics, the states suffer from corruption, wasting of the budget resources and demagogic rhetoric. The libertarians do not claim having a universal key to solve all. [to full text]

The article analyses the attitudes of modern libertarianism (F. Hayek, R. Nozick, J. Narveson) and its predecessors (J. Locke, A. Smith) to the problem of social justice. The Market symbolizes basic premises of libertarianism: a) productivity of commerce self-interest, b) an organic identity between private property and freedom, c) conceptual individualism. Conclusion, based on those premises, is that simple, commutative (making correction) justice only demands to undo any damage to other members of human society. Following these conditions enables peaceful collaboration among people. Meanwhile, the principle of social justice demands to divide material wealth among the society members according to the criteria of their moral merits or economic rights. The libertarians argue that it is impossible in the free society due to the following: 1) people attach different significance to different merits, 2) the connection between values of payments and merits is accidental, 3) the universal scale of merits, for instance, in accordance with work, could be applied at the expense of human rights. The tribal origin of social justice is found by the libertarians. They claim that hunting for social justice in welfare states (also in Lithuania) has laid foundations for "workers' ideology"– populism. As a result of populist politics, the states suffer from corruption, wasting of the budget resources and demagogic rhetoric. The libertarians do not claim having a universal key to solve all. [to full text]

The article focuses on understanding the content of valuables of high scientific, historical or cultural significance as one of the aggravating element of the theft, stipulated in Part 3 of Article 178 of the Criminal Code of Lithuania. The author represents the conception of this aggravating element in criminal theory and practice and comes to the conclusion, that incrimination of the element aggravating theft valuables of high scientific, historical or cultural significance is determined by the following two criteria: the objective one (it should be established that it is valuable of high scientific, historical or cultural significance rather than just some valuable of sci­entific, historical or cultural significance which has been stolen) and the subjective (i.e. understanding by the offender that he is stealing not just some valuables but valuables which have high significance for science, culture, and history). However, evaluation of the cultural, historical, and scientific significance of valuables is assigned to the competence of experts who have special professional education. In order to avoid possible contradiction with the subjective principle of criminal capacity, the author proposes to specify, when formulating this element, that the aforementioned valuables should be publicly exhib­ited or belong to a publicly accessible collection. Finally, the author discloses some peculiarities of implementation of the analyzed element and shows the inconsequence of the legislator in establishing punishment for some property offences hav­ing the same aggravating elements.

The article focuses on understanding the content of valuables of high scientific, historical or cultural significance as one of the aggravating element of the theft, stipulated in Part 3 of Article 178 of the Criminal Code of Lithuania. The author represents the conception of this aggravating element in criminal theory and practice and comes to the conclusion, that incrimination of the element aggravating theft valuables of high scientific, historical or cultural significance is determined by the following two criteria: the objective one (it should be established that it is valuable of high scientific, historical or cultural significance rather than just some valuable of sci­entific, historical or cultural significance which has been stolen) and the subjective (i.e. understanding by the offender that he is stealing not just some valuables but valuables which have high significance for science, culture, and history). However, evaluation of the cultural, historical, and scientific significance of valuables is assigned to the competence of experts who have special professional education. In order to avoid possible contradiction with the subjective principle of criminal capacity, the author proposes to specify, when formulating this element, that the aforementioned valuables should be publicly exhib­ited or belong to a publicly accessible collection. Finally, the author discloses some peculiarities of implementation of the analyzed element and shows the inconsequence of the legislator in establishing punishment for some property offences hav­ing the same aggravating elements.

The article focuses on understanding the content of valuables of high scientific, historical or cultural significance as one of the aggravating element of the theft, stipulated in Part 3 of Article 178 of the Criminal Code of Lithuania. The author represents the conception of this aggravating element in criminal theory and practice and comes to the conclusion, that incrimination of the element aggravating theft valuables of high scientific, historical or cultural significance is determined by the following two criteria: the objective one (it should be established that it is valuable of high scientific, historical or cultural significance rather than just some valuable of sci­entific, historical or cultural significance which has been stolen) and the subjective (i.e. understanding by the offender that he is stealing not just some valuables but valuables which have high significance for science, culture, and history). However, evaluation of the cultural, historical, and scientific significance of valuables is assigned to the competence of experts who have special professional education. In order to avoid possible contradiction with the subjective principle of criminal capacity, the author proposes to specify, when formulating this element, that the aforementioned valuables should be publicly exhib­ited or belong to a publicly accessible collection. Finally, the author discloses some peculiarities of implementation of the analyzed element and shows the inconsequence of the legislator in establishing punishment for some property offences hav­ing the same aggravating elements.

The article deals with the conception of Central Europe in the perspective of clash of civilizations. The author's major thesis is the following: Central Europe is central being the centre of fight for European values including Western Christianity, liberalism, democracy, justice, and historical memory. The minor theses are the following: 1) the very notion of Central Europe is inseparable from its moral content, i.e. from imagined values to be obliged as maximas of life in a certain life‐world; 2) Central Europe serves as the becoming of Europe's identity andvice versa, the identity of Central Europe depends on contrary parts of imagined Europe. The author considers Grand Duchy of Lithuania (GDL) as a historical rim of European civilization and the area for the becoming of Central Europe. Vidurio Europa kaip vaizdijamas regionas Santrauka Straipsnyje nagrinėjama Vidurio Europos samprata civilizacijų konflikto perspektyvoje. Didžioji autoriaus tezė: Vidurio Europa yra vidurio, būdama kovos dėl Europos vertybių, įskaitant Vakarų krikščionybę, liberalizmą, demokratiją, teisingumą ir istorinę atmintį, centras. Mažosios tezės: 1) pati Vidurio Europos sąvoka neatskiriama nuo moralinio turinio, t. y. nuo vaizdijamos vertybės, įpareigojančios kaip tam tikro gyvenamojo pasaulio gyvenimo maksima; 2) Vidurio Europa tarnauja Europos tapatėjimui ir, atvirkščiai, Vidurio Europos tapatumas priklauso nuo vaizdijamos Europos prieštaringų sandų. Lietuvos Didžioji Kunigaikštystė nagrinėjama kaip Europos civilizacijos istorinis pakraštys ir Vidurio Europos tapsmo vieta. Reikšminiai žodžiai: Vidurio Europa, Europos civilizacija, vaizdijimas, regionas, vertybės. First Published Online: 14 Oct 2010

The article argues that universitas or Academia Europeana is, first and foremost, a category of value and not an economic, professional or political entity. Axiological structure that unites the university habitat is threefold. It consists of the three clusters of values coming from the different epochs. First, polylogue of the Middle Ages based on the principle of multicentrism and unmediated, face to face sharing of competence. Second, modern statism and scientism founded in the national monocentrism and a combination of mediated, written, and unmediated, verbal, sharing of competence. Third, modern economism and globalism supported by the national monocentrism and the instrumentation of mediated sharing of competence. It has been showed that Vilnius University possesses all three value clusters, while the idea of the millennium of Lithuania serves as an impetus to conceptually recapture the historic experiences of Vilnius University. The article shows that the three value formations of the Academia Europeana in the history of Vilnius University, which is posited as the extreme edge of the European university habitat, underwent an essential, even extreme, radicalization. It has been argued, that sustainable development of university education is unthinkable without the consonant development of all three historically formed clusters of values, the most important of which still continues to be centered around the tradition of classical polylogue – unmediated search for existential values that is carefully passed on from hands to hands and from generation to generation.

The law replacing and amending articles 62, 63, 64, 65 and other articles of the Penal process code of the Republic of Lithuania was enacted on June 28th, 2007. After this amendment the whole third section of chapter five of penal process code – appeal procedure during pretrial investigation, where general appeal procedure during pretrial investigation is regulated - has undergone material changes. Two-tier appeal system has been introduced by the legislator: participant of the procedure or a person to whom procedural coercive measures have been applied has a right to make an appeal in two instances. First the public prosecutor investigates the appealed decisions of the pretrial investigation officer. And the higher ranking public prosecutor investigates the appeals on the actions of public prosecutor. The same situation exists with the decisions of the public prosecutor – first the higher ranking public prosecutor investigates the appealed decisions of the public prosecutor, and pretrial judge investigates the latter appeals. Meanwhile, the decisions of the pretrial judge can be appealed to the higher court. There are five terms of appeals of the pretrial process subjects in the penal process code. It should be also mentioned that though article 64 of the penal procedure code regulates the examination procedure of appeals during the pretrial process, the same provisions are applied in the situations when pretrial process is refused or when it is complete.

The title of the master's thesis – features of juvenile sentencing rules. Following international legal acts, valid criminal code of the Republic of Lithuania, works of theorists of criminal law, the theoretical model of features of juvenile sentencing rules, practical aspects of its application are analyzed, relevant problems of juvenile sentencing rules are disclosed. The conception of the sentence as the state means of compulsion for juveniles is disclosed in the paper. The general conceptions of the sentence, infancy in criminal law, purpose of the imposed legal sanctions for juveniles are analyzed. Following provisions of criminal law, law doctrine and court practice, types of sentences imposed for juveniles are reviewed. The suspension of the sentence imposed for juveniles is also analyzed when discussing the type of time-limited imprisonment. The general grounds for sentence imposition are analyzed in the third part of the paper. Specific circumstances, significant in the process of the sentence imposition for juveniles, are analyzed in the fourth part: living and upbringing conditions of the juvenile, state of health and social maturity, importance of earlier imposed sanctions. It is tried to review this problem in theoretical level, i.e. analyzing position of legislator, law doctrine, and international legal acts as well as reviewing court practice. Not only opinions of law specialists are presented in master's thesis but also author's thoughts and suggestions for law development are expressed

SUMMARY "SEPARATE GROUPS OF WORKERS SAFETY AND HEALTH GUARANTEE" The paper reveals the health and safety guarantee the essence of the concept. Labor law doctrine laid down the principle of unity and differentiation, value, limits on the use of individual categories of workers, which provides for additional safety and health guarantee. Labor laws of such persons are recognized: young people (persons under 18 years of age), pregnant, have recently given birth or are breast-feeding women, the disabled, which leads to additional guarantees for the physiological and / or psychological characteristics. The application of such guarantees only those categories would not ascribable to individuals deemed to be discrimination against the rest. The paper examines the complex national and international statutory health and safety guarantees, compared with the general. Systematic analysis of the Labor Code of the Republic of Lithuania, other legislation granting additional guarantees to young persons, pregnant, have recently given birth or are breast-feeding women and people with disabilities: an employment contract, the contractor at the time - the regulation of labor, leisure time, changing the terms and conditions or changes in working conditions special cases, the transfer of the downtime, as well as the expiry of the contract of employment. Placed on safety and health law implementation issues, the application features. The application of such guarantees only those categories would not ascribable to individual sdeemed to be discrimination against the rest.

The article deals with the conception of Central Europe in the perspective of clash of civilizations. The author's major thesis is the following: Central Europe is central being the centre of fight for European values including Western Christianity, liberalism, democracy, justice, and historical memory. The minor theses are the following: 1) the very notion of Central Europe is inseparable from its moral content, i.e. from imagined values to be obliged as maximas of life in a certain life‐world; 2) Central Europe serves as the becoming of Europe's identity andvice versa, the identity of Central Europe depends on contrary parts of imagined Europe. The author considers Grand Duchy of Lithuania (GDL) as a historical rim of European civilization and the area for the becoming of Central Europe. Vidurio Europa kaip vaizdijamas regionas Santrauka.Straipsnyje nagrinėjama Vidurio Europos samprata civilizacijų konflikto perspektyvoje. Didžioji autoriaus tezė: Vidurio Europa yra vidurio, būdama kovos dėl Europos vertybių, įskaitant Vakarų krikščionybę, liberalizmą, demokratiją, teisingumą ir istorinę atmintį, centras. Mažosios tezės: 1) pati Vidurio Europos sąvoka neatskiriama nuo moralinio turinio, t. y. nuo vaizdijamos vertybės, įpareigojančios kaip tam tikro gyvenamojo pasaulio gyvenimo maksima; 2) Vidurio Europa tarnauja Europos tapatėjimui ir, atvirkščiai, Vidurio Europos tapatumas priklauso nuo vaizdijamos Europos prieštaringų sandų. Lietuvos Didžioji Kunigaikštystė nagrinėjama kaip Europos civilizacijos istorinis pakraštys ir Vidurio Europos tapsmo vieta. Reikšminiai žodžiai: Vidurio Europa, Europos civilizacija, vaizdijimas, regionas, vertybės. First Published Online: 14 Oct 2010

The paper deals with the purpose and particularity of the annual international scientific conferences "Vision of the Modern Village", organized at Šiau­liai University by Rural Development Research Centre of the Faculty of Social Sciences (Lithuania). Necessity for these conferences is determined by three main factors. First of all, understanding of the village even in academic society is extremely closely related to the agrarian sector. Even investments in the development of rural economy more often than not are evaluated as prospectless and unable to stimulate progress of science and home manufacture. Secondly, the majority of scientific discussions dedicated to rural topicalities are, as a rule, designated to sur­vey of one field of agrarian science or to one branch of rural economy, for example, animal science, husbandry, apiculture, horticulture, etc. The scientific workshops organized for analysis of rural development topics with participation of natural, social and humanitarian sciences, are recognized as rarity or exception. Thirdly, the integrated implementation of scientific and managerial innovations for the countryside (rural) economy is still hardly imaginable in the postsoviet region. Objectives of the implementation of sustainable and wellbalanced economics in the nonurbanized areas and hinterlands are still at the level of nice verbal declarations or good intentions. The differences and inequalities in economic and social development of regions become more and more evident. Social, cultural and e ven political disjunctu­re of rural population become the main obstacle to the state progress. [.]

Family reunification is guaranteed by both by EU and national legislation. Right to reunify with family members for 3rd countries citizens in EU is defined by directive 2003/86/EB. Family members are defined as a spouse and his/her under-age children. National law can also determine other family members depending on consequences that might arise due to family inability to reunify. Estimating settlement of EU and non-EU citizens in EU territory it can be noticed that for citizens of 3rd countries and their family members settling is more restricted due to requirements to meet more conditions. Citizens of 3rd countries that can apply for reunification are persons that have refugee status or have temporary or permanent residence permit in EU. A few problems was noticed analysing EU family reunification law. First is fictitiuos marriage in order to settle in EU territory not due to family relationships, but due to having residence permit in EU. Secondly, non-marital partnership and marriage of the citizens of the same sex regulation in EU members varies. Thirdly, for persons, having temporary or complementary protection, right to reunify with family is not guaranteed in all EU countries even if they receive rights similar to refugee status. Finally, there is a problem of requirement to live in EU member state for a certain period before reunification, because EU law transfer to national legislation varies from country to country and for example in Lithuania is even inaccurate.

The article argues that universitas or Academia Europeana is, first and foremost, a category of value and not an economic, professional or political entity. Axiological structure that unites the university habitat is threefold. It consists of the three clusters of values coming from the different epochs. First, polylogue of the Middle Ages based on the principle of multicentrism and unmediated, face to face sharing of competence. Second, modern statism and scientism founded in the national monocentrism and a combination of mediated, written, and unmediated, verbal, sharing of competence. Third, modern economism and globalism supported by the national monocentrism and the instrumentation of mediated sharing of competence. It has been showed that Vilnius University possesses all three value clusters, while the idea of the millennium of Lithuania serves as an impetus to conceptually recapture the historic experiences of Vilnius University. The article shows that the three value formations of the Academia Europeana in the history of Vilnius University, which is posited as the extreme edge of the European university habitat, underwent an essential, even extreme, radicalization. It has been argued, that sustainable development of university education is unthinkable without the consonant development of all three historically formed clusters of values, the most important of which still continues to be centered around the tradition of classical polylogue – unmediated search for existential values that is carefully passed on from hands to hands and from generation to generation.