Suchergebnisse

Doctoral dissertation "Theoretical and practical aspects of legal regulations concerning parallel import of medical products" analyses assumptions enabling parallel import of medical products – medicinal products intended for human use, veterinary medicinal products and medical devices – in the internal market of the European Union together evaluating specific formal requirements characteristic to the parallel trade of the just mentioned products while considering that the use of medical products is linked to the protection of public health and life. This work evaluates legal regulation concerning the parallel import of medical products, with particular focus on the regulatory interpretation of jurisprudence of the Court of Justice of the European Union and systematic analysis of laws and regulations of the Republic of Lithuania. The scientific study concludes, that in general the term "parallel import" can be defined as a legal form of trade within European Union internal market, which results from different price levels within the Member States, and which is based on Article 34 of the Treaty of the European Union and is carried out in accordance with the restrictions related to the protection of public health and safety and intellectual property rights which is based on Article 36 of the Treaty of the European Union. Dissertation research indicates that legal presumptions of parallel import of medical products derive from principle of freedom of trade enshrined in the Treaty of the Functioning of the European Union and from exhaustion of intellectual property rights. It is noted, that specificity of the parallel trade of medical products is also determined by the fact that these products are protected by intellectual property rights (patents, trademarks). When analysing the application of the principle of freedom of trade in the pharmaceutical sector dissertation states that Member States of the European Union has a different interpretation of this principle, thus, as shown by the practise of the Court of Justice of the European Union, such different interpretations lead to restrictions of freedom of trade especially when Member States make decisions regarding authorization of parallel import of medicinal products. According to the survey and analysis of jurisprudence of the Court of Justice of the European Union hindrances leading to the unfounded restrictions of parallel import of medical products are identified and proposals enabling better use of advantages coming from parallel import when intending to increase availability of medical products to the patients are given.

Doctoral dissertation "Theoretical and practical aspects of legal regulations concerning parallel import of medical products" analyses assumptions enabling parallel import of medical products – medicinal products intended for human use, veterinary medicinal products and medical devices – in the internal market of the European Union together evaluating specific formal requirements characteristic to the parallel trade of the just mentioned products while considering that the use of medical products is linked to the protection of public health and life. This work evaluates legal regulation concerning the parallel import of medical products, with particular focus on the regulatory interpretation of jurisprudence of the Court of Justice of the European Union and systematic analysis of laws and regulations of the Republic of Lithuania. The scientific study concludes, that in general the term "parallel import" can be defined as a legal form of trade within European Union internal market, which results from different price levels within the Member States, and which is based on Article 34 of the Treaty of the European Union and is carried out in accordance with the restrictions related to the protection of public health and safety and intellectual property rights which is based on Article 36 of the Treaty of the European Union. Dissertation research indicates that legal presumptions of parallel import of medical products derive from principle of freedom of trade enshrined in the Treaty of the Functioning of the European Union and from exhaustion of intellectual property rights. It is noted, that specificity of the parallel trade of medical products is also determined by the fact that these products are protected by intellectual property rights (patents, trademarks). When analysing the application of the principle of freedom of trade in the pharmaceutical sector dissertation states that Member States of the European Union has a different interpretation of this principle, thus, as shown by the practise of the Court of Justice of the European Union, such different interpretations lead to restrictions of freedom of trade especially when Member States make decisions regarding authorization of parallel import of medicinal products. According to the survey and analysis of jurisprudence of the Court of Justice of the European Union hindrances leading to the unfounded restrictions of parallel import of medical products are identified and proposals enabling better use of advantages coming from parallel import when intending to increase availability of medical products to the patients are given.

Electronic Signature's benefit is obvious. Nearly eight years have already past since European Parliament and European Commission legitimated directive on a Community framework for electronic signatures. In Lithuania and in all Europe followed legislations for electronic signature infrastructure. Also standards were created to prevent incompatibility. In this study Lithuanian situation in usage of electronic signature for electronic government, electronic commerce is reviewed. In this study review is referenced to the research that has been done lately in Europe and in Lithuania. This study is divided into four parts. Methods that are used in creating electronic signature have been analysed in first part. Furthermore it has been analysed algorithms that are used to warrant highest security and to prevent forgery. Electronic signature legislation in Lithuania is reviewed in second part. Third part is for overlooking of practical usage aspects in Lithuania and in Europe. In fourth part two research have been made. One of them is for evaluation of preparation of main state institutions to accept and send documents signed electronically. Second research is for evaluation of society's knowledge in electronic signature field.

Electronic Signature's benefit is obvious. Nearly eight years have already past since European Parliament and European Commission legitimated directive on a Community framework for electronic signatures. In Lithuania and in all Europe followed legislations for electronic signature infrastructure. Also standards were created to prevent incompatibility. In this study Lithuanian situation in usage of electronic signature for electronic government, electronic commerce is reviewed. In this study review is referenced to the research that has been done lately in Europe and in Lithuania. This study is divided into four parts. Methods that are used in creating electronic signature have been analysed in first part. Furthermore it has been analysed algorithms that are used to warrant highest security and to prevent forgery. Electronic signature legislation in Lithuania is reviewed in second part. Third part is for overlooking of practical usage aspects in Lithuania and in Europe. In fourth part two research have been made. One of them is for evaluation of preparation of main state institutions to accept and send documents signed electronically. Second research is for evaluation of society's knowledge in electronic signature field.

Electronic Signature's benefit is obvious. Nearly eight years have already past since European Parliament and European Commission legitimated directive on a Community framework for electronic signatures. In Lithuania and in all Europe followed legislations for electronic signature infrastructure. Also standards were created to prevent incompatibility. In this study Lithuanian situation in usage of electronic signature for electronic government, electronic commerce is reviewed. In this study review is referenced to the research that has been done lately in Europe and in Lithuania. This study is divided into four parts. Methods that are used in creating electronic signature have been analysed in first part. Furthermore it has been analysed algorithms that are used to warrant highest security and to prevent forgery. Electronic signature legislation in Lithuania is reviewed in second part. Third part is for overlooking of practical usage aspects in Lithuania and in Europe. In fourth part two research have been made. One of them is for evaluation of preparation of main state institutions to accept and send documents signed electronically. Second research is for evaluation of society's knowledge in electronic signature field.

Electronic Signature's benefit is obvious. Nearly eight years have already past since European Parliament and European Commission legitimated directive on a Community framework for electronic signatures. In Lithuania and in all Europe followed legislations for electronic signature infrastructure. Also standards were created to prevent incompatibility. In this study Lithuanian situation in usage of electronic signature for electronic government, electronic commerce is reviewed. In this study review is referenced to the research that has been done lately in Europe and in Lithuania. This study is divided into four parts. Methods that are used in creating electronic signature have been analysed in first part. Furthermore it has been analysed algorithms that are used to warrant highest security and to prevent forgery. Electronic signature legislation in Lithuania is reviewed in second part. Third part is for overlooking of practical usage aspects in Lithuania and in Europe. In fourth part two research have been made. One of them is for evaluation of preparation of main state institutions to accept and send documents signed electronically. Second research is for evaluation of society's knowledge in electronic signature field.

In the current stage of economic globalisation and development public sector finances is a factor that to a large extent influences the national economic development. There is an express need on the part of users of financial information not only to understand the accounting information pertaining to public sector entities (hereinafter – PSE), but also to be able to compare the data of the different entities within the sector, compare and evaluate reports on financial standing of PSEs of different countries. There emerged a tangible need to standardise the accounting information or the data on the used budget appropriations irrespective of the user's national language, or his education, or any other subjective factors – it became important to ensure that the principal information is understandable irrespective of the national language, financial literacy or other subjective factors of the user of the information. The accounting reform than launched and still in progress is only part of the comprehensive reform of accounting in the public sector that is currently under implementation both in the European Union, Economic Community, as well as other economically developed States. The article aims to explore the possibility of public-sector entities in the financial statements prepared on an accrual basis of data analysis for profit-making enterprises of the financial statements used in the analysis of relative performance. The presented theoretical and practical aspects and proposed new indicators, announced study carried out.

In the current stage of economic globalisation and development public sector finances is a factor that to a large extent influences the national economic development. There is an express need on the part of users of financial information not only to understand the accounting information pertaining to public sector entities (hereinafter – PSE), but also to be able to compare the data of the different entities within the sector, compare and evaluate reports on financial standing of PSEs of different countries. There emerged a tangible need to standardise the accounting information or the data on the used budget appropriations irrespective of the user's national language, or his education, or any other subjective factors – it became important to ensure that the principal information is understandable irrespective of the national language, financial literacy or other subjective factors of the user of the information. The accounting reform than launched and still in progress is only part of the comprehensive reform of accounting in the public sector that is currently under implementation both in the European Union, Economic Community, as well as other economically developed States. The article aims to explore the possibility of public-sector entities in the financial statements prepared on an accrual basis of data analysis for profit-making enterprises of the financial statements used in the analysis of relative performance. The presented theoretical and practical aspects and proposed new indicators, announced study carried out.

In the current stage of economic globalisation and development public sector finances is a factor that to a large extent influences the national economic development. There is an express need on the part of users of financial information not only to understand the accounting information pertaining to public sector entities (hereinafter – PSE), but also to be able to compare the data of the different entities within the sector, compare and evaluate reports on financial standing of PSEs of different countries. There emerged a tangible need to standardise the accounting information or the data on the used budget appropriations irrespective of the user's national language, or his education, or any other subjective factors – it became important to ensure that the principal information is understandable irrespective of the national language, financial literacy or other subjective factors of the user of the information. The accounting reform than launched and still in progress is only part of the comprehensive reform of accounting in the public sector that is currently under implementation both in the European Union, Economic Community, as well as other economically developed States. The article aims to explore the possibility of public-sector entities in the financial statements prepared on an accrual basis of data analysis for profit-making enterprises of the financial statements used in the analysis of relative performance. The presented theoretical and practical aspects and proposed new indicators, announced study carried out.

In the current stage of economic globalisation and development public sector finances is a factor that to a large extent influences the national economic development. There is an express need on the part of users of financial information not only to understand the accounting information pertaining to public sector entities (hereinafter – PSE), but also to be able to compare the data of the different entities within the sector, compare and evaluate reports on financial standing of PSEs of different countries. There emerged a tangible need to standardise the accounting information or the data on the used budget appropriations irrespective of the user's national language, or his education, or any other subjective factors – it became important to ensure that the principal information is understandable irrespective of the national language, financial literacy or other subjective factors of the user of the information. The accounting reform than launched and still in progress is only part of the comprehensive reform of accounting in the public sector that is currently under implementation both in the European Union, Economic Community, as well as other economically developed States. The article aims to explore the possibility of public-sector entities in the financial statements prepared on an accrual basis of data analysis for profit-making enterprises of the financial statements used in the analysis of relative performance. The presented theoretical and practical aspects and proposed new indicators, announced study carried out.

The master thesis analyses the determination of person´s legal capacity in practice of notary in theoretical and practical aspects. The determination of legal capacity is analyzed in the narrow and broad sense, emphasizing that the notary has not only to check the data of The Register of Legally Incapable Persons and Persons with Limited Legal Capacity, but also he has to determine the actual legal capacity of his client, i.e. to make sure that at the time of the transaction the client could understand the value of his actions and was able to control them. The master thesis raises the problem that a notary, as professional lawyer, but not a psychologist or psychiatrist, may encounter difficulties in identifying the so – called actual legal capacity of person, so, in author's opinion, special recommendations are required for notaries to implement the obligation to determine legal capacity of person properly. The author also analyses the requirement for client to bring the medical sertificate emphasising that such requirement is not compatible with private life of person, and ethical aspects of dermining the legal capacity of a client. Other problems, such as the data sufficiency of The Register of Legally Incapable Persons and Persons with Limited Legal Capacity, the consequences of invalidity of notary-approved transactions due to lack of will and the responsibility of notary for approval of such transactions, are raised in this master thesis too. The work for analyzing these problems is based on not only the national, European Union, international legislation and case law, but also national and foreign laws are compared too. In addition, for complete disclosure of the particularity of determining legal capacity in practice of notary the author analyses not only the doctrine of the law, but also the provisions of the science of psychology and psychiatry. After the analysis of the problems in determining legal capacity in practice of notary the author concludes that the hypothesis that there is no one mechanism how notary should determine his client's legal capacity was confirmed.

The master thesis analyses the determination of person´s legal capacity in practice of notary in theoretical and practical aspects. The determination of legal capacity is analyzed in the narrow and broad sense, emphasizing that the notary has not only to check the data of The Register of Legally Incapable Persons and Persons with Limited Legal Capacity, but also he has to determine the actual legal capacity of his client, i.e. to make sure that at the time of the transaction the client could understand the value of his actions and was able to control them. The master thesis raises the problem that a notary, as professional lawyer, but not a psychologist or psychiatrist, may encounter difficulties in identifying the so – called actual legal capacity of person, so, in author's opinion, special recommendations are required for notaries to implement the obligation to determine legal capacity of person properly. The author also analyses the requirement for client to bring the medical sertificate emphasising that such requirement is not compatible with private life of person, and ethical aspects of dermining the legal capacity of a client. Other problems, such as the data sufficiency of The Register of Legally Incapable Persons and Persons with Limited Legal Capacity, the consequences of invalidity of notary-approved transactions due to lack of will and the responsibility of notary for approval of such transactions, are raised in this master thesis too. The work for analyzing these problems is based on not only the national, European Union, international legislation and case law, but also national and foreign laws are compared too. In addition, for complete disclosure of the particularity of determining legal capacity in practice of notary the author analyses not only the doctrine of the law, but also the provisions of the science of psychology and psychiatry. After the analysis of the problems in determining legal capacity in practice of notary the author concludes that the hypothesis that there is no one mechanism how notary should determine his client's legal capacity was confirmed.

The specificity of a legal framework on waste management lies in the nature of the provision of this service. Waste management is a visible and politically sensitive public service, which can be described as universal, complex, and of great importance for the public. The article analyses the legal framework on municipal waste management from the organisational point of view: the institutional framework of the waste sector management is presented and the operation of authorities at the central, regional and local level is discussed. The Law on Waste Management of the Republic of Lithuania establishes a legal framework for the organisation of municipal waste management systems, whereas specific organisational methods are selected and implemented by municipalities. Municipalities play a central role in the organisation of municipal waste management systems. The specific elements of municipal waste management systems include: (1) delegation of performance of relevant functions to the administrator of the municipal waste management system; (2) terms and conditions of municipalities and waste managers' agreements on waste management; (3) specific terms and conditions of collaboration with producers and importers; and (4) ways of funding the implementation of decisions regarding the municipal waste management system. A combination of the said elements forms a specific model of the organisation of a municipal waste management system applied by a municipality. There is a variety of organisational models used by municipalities in this area. The article analyses the amendment to the Law on Waste Management, which provides the definition of the administrator of a municipal waste management system and establishes the administrator's functions. The process of consideration and adoption of the amendment showed a lack of the state's vision regarding a wider role of regional waste management centres as well as their position within the municipal waste management systems. The article also deals with other issues related to the organisation of municipal waste management systems. The factors of the private sector's involvement in the municipal waste management are discussed as these factors, in their entirety, influence the selection of an appropriate model (public or private). Speaking about the municipalities' choice between the public and the private models, the aspect of legal framework is highly important and is discussed in the article in greater detail. Municipalities, as entities responsible for the achievement of the targets set for the municipal waste management systems, should be provided with proportional facilities for this purpose, with the reasoning for relevant decisions explained.

The specificity of a legal framework on waste management lies in the nature of the provision of this service. Waste management is a visible and politically sensitive public service, which can be described as universal, complex, and of great importance for the public. The article analyses the legal framework on municipal waste management from the organisational point of view: the institutional framework of the waste sector management is presented and the operation of authorities at the central, regional and local level is discussed. The Law on Waste Management of the Republic of Lithuania establishes a legal framework for the organisation of municipal waste management systems, whereas specific organisational methods are selected and implemented by municipalities. Municipalities play a central role in the organisation of municipal waste management systems. The specific elements of municipal waste management systems include: (1) delegation of performance of relevant functions to the administrator of the municipal waste management system; (2) terms and conditions of municipalities and waste managers' agreements on waste management; (3) specific terms and conditions of collaboration with producers and importers; and (4) ways of funding the implementation of decisions regarding the municipal waste management system. A combination of the said elements forms a specific model of the organisation of a municipal waste management system applied by a municipality. There is a variety of organisational models used by municipalities in this area. The article analyses the amendment to the Law on Waste Management, which provides the definition of the administrator of a municipal waste management system and establishes the administrator's functions. The process of consideration and adoption of the amendment showed a lack of the state's vision regarding a wider role of regional waste management centres as well as their position within the municipal waste management systems. The article also deals with other issues related to the organisation of municipal waste management systems. The factors of the private sector's involvement in the municipal waste management are discussed as these factors, in their entirety, influence the selection of an appropriate model (public or private). Speaking about the municipalities' choice between the public and the private models, the aspect of legal framework is highly important and is discussed in the article in greater detail. Municipalities, as entities responsible for the achievement of the targets set for the municipal waste management systems, should be provided with proportional facilities for this purpose, with the reasoning for relevant decisions explained.

Insufficient business innovation activity in Lithuania shows a need to explore possible factors determining this state of play. It is assumed that lack of concrete and specifically targeted government actions or their efficiency is extremely important here. Thus, in order to analyse business innovation promotion in Lithuania, theoretical, strategic and statistical data are taken into consideration. This paper suggests the generalised theoretical system of business innovation determinants, analyses the statistics describing business innovation activity in Lithuania, and provides an assessment of the current Action Plan of Lithuanian Innovation Strategy for 2010–2020 from a business innovation promotion perspective. ; Nepakankami verslo inovacinės veiklos rezultatai Lietuvoje išryškina šiai situacijai įtakos turinčių veiksnių analizės poreikį. Daroma prielaida, kad vienas iš galimai esminių faktorių – konkrečių ir kryptingų valdžios veiksmų verslo inovacijų skatinimo atžvilgiu stygius. Atsižvelgiant į tai straipsnyje nagrinėjamas verslo inovacinės veiklos skatinimas Lietuvoje teorinių, strateginių ir statistinių duomenų analizės pagrindu. Straipsnyje pasiūlyta teorinė verslo inovacijoms įtakos turinčių veiksnių sistema, pateikta verslo inovacinės veiklos situaciją Lietuvoje atspindinčių statistinių duomenų analizė, atliktas Lietuvos inovacijų 2010–2010 metų strategijos įgyvendinimo 2010–2013 metų priemonių plane nurodytų veiksmų inovacijų versle skatinimo atžvilgiu vertinimas.