Suchergebnisse

This paper focuses on a new institute of construction law, i.e., construction under illegally issued construction permit, practical elimination of the consequences and assessment of compatibility between legal regulation established by this institute and the principle of power separation. The paper defines conditions for elimination of consequences at the expense of innocent party and reveals implementation problems related to elimination of consequences at the expense of the guilty party. The author established a mismatch between the existing legal regulation and the case–law and made suggestions on amendments to the law. The study aimed to see whether the obligation of court to take into account specific criteria in a judgement on the fate of a building was in line with the Constitution. Application of legal norms in the spirit of legal positivism and creative (thoughtful) interpretation of law were analysed for the purpose. Constitutional jurisprudence in legal regulations existing this area of law was also reviewed. Theoretical and practical analysis of case–law lead to a conclusion of potential breach of the principle of separation of powers. The study proves that there is only a thin line between creative (thoughtful) interpretation and legislation. Therefore the study is significant as an attempt to assess constitutional compliance of established legal regulation as well as ensure stable legal relations.

This paper focuses on a new institute of construction law, i.e., construction under illegally issued construction permit, practical elimination of the consequences and assessment of compatibility between legal regulation established by this institute and the principle of power separation. The paper defines conditions for elimination of consequences at the expense of innocent party and reveals implementation problems related to elimination of consequences at the expense of the guilty party. The author established a mismatch between the existing legal regulation and the case–law and made suggestions on amendments to the law. The study aimed to see whether the obligation of court to take into account specific criteria in a judgement on the fate of a building was in line with the Constitution. Application of legal norms in the spirit of legal positivism and creative (thoughtful) interpretation of law were analysed for the purpose. Constitutional jurisprudence in legal regulations existing this area of law was also reviewed. Theoretical and practical analysis of case–law lead to a conclusion of potential breach of the principle of separation of powers. The study proves that there is only a thin line between creative (thoughtful) interpretation and legislation. Therefore the study is significant as an attempt to assess constitutional compliance of established legal regulation as well as ensure stable legal relations.

Straipsnyje analizuojami elektroninės valdžios įgyvendinimo teoriniai aspektai ir problematika, atskleidžiamosvaldžios institucijų bendravimo elektroniniu paštu teorinės ir praktinės spragos, aptariamoselektroninės valdžios institucinio įgyvendinimo ir reguliavimo perspektyvos.Implementation and perspectives of electronic governance in Lithuania:the society interaction with public administrationTadas Limba SummaryThe paper analyses the implementation of electronicgovernance and its perspective, some aspectsof society interaction with public administration inLithuania. The main principles of electronic governancecreation as well as the resistance of electronicgovernance development from the point of view ofpublic sector are discussed. The questions of peculiaritiesand assessment of the level of implementationof the e-government legal regulations are discussed,too. The author of the article suggests that the publicadministration and legal environment of e-governanceis of crucial importance to the development of theknowledge society and knowledge economy, also,for the adaptation of the governmental bodies to thechanging societal needs. The aim of this paper is to:(1) identify the issues of implementation of electronicgovernment, the tendencies of electronic governancedevelopment in Lithuania; (2) analyse some questionsof interaction between society and governanceby e-mail; (3) discuss the institutional aspects andperspectives of electronic governance development;(4) provide some recommendations.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

The subject matter of the scientific studies comprises a study of key issues of the protection of copyright as well as enforcement of other intellectual property rights. The basic methods of study used in the works are comparative, historical and teleological. The model of legal regulation of the protection of intellectual property rights chosen is the one existing in the states of droit d' auteur and copyright systems, and based on this model the key issues of copyright protection are analysed by way of comparing and assessing the aspects provided for in the Lithuanian legislation. Lithuania follows the droit d' auteur system. In general, the Lithuanian copyright law does not reflect any unique tradition. The development of intellectual property rights protection in Lithuania essentially coincided with the accession to international and regional organisations and to international agreements. When Lithuania decisively implemented one of its foreign policy aims — to become a member of the European Union — the approximation of its national law to the European Union legislation commenced in the field of intellectual property law as well as in the whole legal system. The scientific monograph and the few scientific articles analyse the main aspects of the protection of copyright: main principles of copyright, legal sources, subject matter of the protections, the author or other copyright owner, contents of protection (economic rights and moral rights), limitations and exceptions, tendencies, problems and perspectives of the development of copyright. The few scientific articles deal with the analysis of the implementation of the Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights. Legal remedies applied by the court when passing the decision on the merits can in principle be grouped into preventive (including also corrective) measures and compensatory remedies. The first group covers: (1) injunctions, (2) corrective measures, (3) alternative measures, (4) publication of judicial decisions, whereas the second group covers all possible ways of compensating for damages or, otherwise stated, damages. The laws also provide for the right of access to information, which as a copyright protection measure is applied in the course of judicial proceedings and facilitates the application of other measures and remedies. The legislative provisions pertaining to requirements for collecting evidence and provisional measures are also to be attributed to the rules of a procedural nature. Paragraph 1(2)(b) of Article 13 of the Directive provides that the amount of damages can be set as a lump sum on the basis of elements such as at least the amount of royalties or fees that would have been due if the infringer had requested authorisation to use the intellectual property right in question. This provision has been implemented in Lithuanian legal acts, where it is envisaged that instead of requesting compensation for actual damages, right holders may claim royalties or fees which would have been due if the infringer had requested authorisation to use the works or other objects (i.e., had obtained a licence), and if the infringer acted intentionally or with gross negligence, in the amount of up to double such royalties and fees.

Straipsnyje analizuojami elektroninės valdžios įgyvendinimo teoriniai aspektai ir problematika, atskleidžiamos valdžios institucijų bendravimo elektroniniu paštu teorinės ir praktinės spragos, aptariamos elektroninės valdžios institucinio įgyvendinimo ir reguliavimo perspektyvos.Implementation and perspectives of electronic governance in Lithuania: the society interaction with public administrationTadas Limba
SummaryThe paper analyses the implementation of electronic governance and its perspective, some aspects of society interaction with public administration in Lithuania. The main principles of electronic governance creation as well as the resistance of electronic governance development from the point of view of public sector are discussed. The questions of peculiarities and assessment of the level of implementation of the e-government legal regulations are discussed, too. The author of the article suggests that the public administration and legal environment of e-governance is of crucial importance to the development of the knowledge society and knowledge economy, also, for the adaptation of the governmental bodies to the changing societal needs. The aim of this paper is to: (1) identify the issues of implementation of electronic government, the tendencies of electronic governance development in Lithuania; (2) analyse some questions of interaction between society and governanceby e-mail; (3) discuss the institutional aspects and perspectives of electronic governance development;(4) provide some recommendations.

The paper is focused on the discussion about the role of non-governmental organizations during the decision-making process in local governance and what factors influence it. To achieve this, the following steps have been made: first, the concept of non-governmental organizations and their relationship with civil society was analyzed, then possible variations of relationship between non-governmental organizations and their impact to the public sector was described. In the last part of the paper, the stages of the decision–making and implementation process in the municipality were analyzed and theoretical aspects of enabling NGOs were discussed. The analyses showed that the decision-making and implementation processes depend on the understanding of the need to cooperate, the ability of both subjects to work together, their relationship with citizens and other interest groups. ; Straipsnyje analizuojama, kokie veiksniai daro poveikį nevyriausybinių organizacijų galimybėms dalyvauti sprendimų priėmimo ir įgyvendinimo procese savivaldybės lygmeniu Lietuvoje. Pirmoje darbo dalyje siekiama išanalizuoti pilietinės visuomenės ir nevyriausybinių organizacijų tarpusavio santykį bei jų galimus vaidmenis ir poveikį viešajam sektoriui. Antrojoje darbo dalyje struktūrizuojamas sprendimų priėmimo ir įgyvendinimo procesas bei išskiriami nevyriausybinių organizacijų dalyvavimo sprendimų priėmimo ir įgyvendinimo savivaldybėse proceso komponentai, kuriais remiantis siekiama numatyti nevyriausybinių organizacijų dalyvavimo savivaldybių sprendimų priėmimo ir įgyvendinimo procese galimybes bei jiems poveikį darančius veiksnius.

The list of the enterprises which are bankrupt or facing bankruptcy is getting longer and longer. Guarantees assured to employees in the event of insolvency of the employer form one of the most urgent themes in Lithuania both for the corporate bankruptcy law institute and for the labour law institute. Insolvency of the employer produces the greatest negative impact on employees: the employer fails to settle payments with the employees or at times settlements are not executed at all. Law stipulates quite a few guarantees to employees. International standards and European Union directives provide protection of employees in the event of the insolvency of their employer. There are two key institutions defending the interest of employees, i.e.: the court, with which the employee may lodge a claim on demands and guarantee funds, which would meet the minimum demands of employees targeted against insolvent employers. The ILO and EU requirements have been interpreted and implemented in myriad ways. Most developed countries use a hybrid system that gives workers' predetermined entitlements some priority in bankruptcy, but also provides unemployment insurance in acknowledgement that the remaining assets are often insufficient to cover outstanding entitlements. Lithuania has also accepted aforementioned Bankruptcy Priority - Guarantee Fund Approach model. However, at the beginning Guarantee Fund Law has some shortcomings why it does not act ant the Guarantee Fund was not possible at least at the minimum to satisfy legitimate demands of employees if their employer becomes insolvency. But after removal of these obstructions, after all the constant development of these legal acts, better regulation, invested funds, determined the progressing excessive budget of the Guarantee Fund, growth of payouts, and broader spectrum of payouts. This was the reason to cut the fees in half. All this leads to the point, that the Guarantee Fund is the effective and efficient Lithuanian institution for the protection of employees in the event of the insolvency of their employer. The assets of the Guarantee Fund will be especially needed next year, when the debt amounts to the employees of the companies under the bankruptcy procedure are expected to grow. This will be the area regulated by the state, which will not lack the funds.

The list of the enterprises which are bankrupt or facing bankruptcy is getting longer and longer. Guarantees assured to employees in the event of insolvency of the employer form one of the most urgent themes in Lithuania both for the corporate bankruptcy law institute and for the labour law institute. Insolvency of the employer produces the greatest negative impact on employees: the employer fails to settle payments with the employees or at times settlements are not executed at all. Law stipulates quite a few guarantees to employees. International standards and European Union directives provide protection of employees in the event of the insolvency of their employer. There are two key institutions defending the interest of employees, i.e.: the court, with which the employee may lodge a claim on demands and guarantee funds, which would meet the minimum demands of employees targeted against insolvent employers. The ILO and EU requirements have been interpreted and implemented in myriad ways. Most developed countries use a hybrid system that gives workers' predetermined entitlements some priority in bankruptcy, but also provides unemployment insurance in acknowledgement that the remaining assets are often insufficient to cover outstanding entitlements. Lithuania has also accepted aforementioned Bankruptcy Priority - Guarantee Fund Approach model. However, at the beginning Guarantee Fund Law has some shortcomings why it does not act ant the Guarantee Fund was not possible at least at the minimum to satisfy legitimate demands of employees if their employer becomes insolvency. But after removal of these obstructions, after all the constant development of these legal acts, better regulation, invested funds, determined the progressing excessive budget of the Guarantee Fund, growth of payouts, and broader spectrum of payouts. This was the reason to cut the fees in half. All this leads to the point, that the Guarantee Fund is the effective and efficient Lithuanian institution for the protection of employees in the event of the insolvency of their employer. The assets of the Guarantee Fund will be especially needed next year, when the debt amounts to the employees of the companies under the bankruptcy procedure are expected to grow. This will be the area regulated by the state, which will not lack the funds.

By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.

By analysing legal doctrine and respective regulations in various countries, as well as concrete examples of international agreements, this study attempts to review the practice of conclusion of international treaties and other international agreements in Lithuania and beyond. Firstly, it seeks to establish common European treaty-making practices and to compare them to the regulatory framework in Lithuania, as well as to identify and discuss the more complicated issues that arise in practice. The research is structured into seven chapters. The first chapter provides a detailed overview of the concept of international treaties and other international agreements. Here the authors analyse the various definitions and differences of international treaties, unilateral declarations, political agreements and international agreements concluded by ministries or other state institutions or bodies (so called international administrative/executive/interagency agreements) under the law of the Republic of Lithuania and numerous other states. The second chapter discusses the variety of entities capable of concluding international agreements and also provides some guidelines regarding the limits of treaty-making capacity of certain subjects. A particular attention is paid to the units of federal states, in relation to which the authors pursue a comparative research into national constitutions of several federal states in Europe. In the third chapter the authors evaluate the conclusion of international treaties and other international agreements under Lithuanian law and practice elaborating further on selected procedural aspects. Solutions to a number of complex practical questions identified by the Lithuanian Ministry of Justice are equally sought. The next chapter continues with the analysis of ratification procedure of international treaties. The authors discuss the case law of the Constitutional Court and the Supreme Court of Lithuania and, in its light, attempt to assess the relevance and consistency of the applicable ratification rules. The fifth chapter goes deeper into the reservations to international agreements by discussing their meaning and main characteristics and by presenting the practice in various states of making such reservations and objecting to them. Taking into account the specific features of national law of Lithuania, the authors compare the national regulation on reservations with international rules and practices and offer certain solutions to problematic issues identified. The sixth chapter considers the procedure of amendment and supplementing international agreements focusing on the national law aspects. The last chapter finishes the research by elaborating on provisional application of treaties in both international and national law. It identifies certain examples from the treaty practice and discusses lessons learnt from several arbitral awards. The study ends by presenting conclusions of the research and suggesting some changes in legal regulation in Lithuania. The authors expect that the present study will contribute to further development of both theory and practice of treaty-making and will offer a useful guide to practitioners and policy-makers.

The purpose of the paper is to analyze both positive and negative aspects of corruption education in Lithuania. Although anticorruption education in Lithuania is a new phenomenon, but it is making a good progress: anticorruption institutions are established, various anticorruption education researches and projects with local and foreign partners are being implemented, anticorruption education system of public servants is formed, methodical training tools for higher schools and universities are prepared. It demonstrates the seriousness of the problem of corruption in the country and a real desire to overcome it. However, insufficient financing of anticorruption education, usually only a formal implementation of anticorruption measures in public institutions, the lack of ethical motivation in civil service, poor wittiness of the society hinder the efficiency of anticorruption education. The projects of anticorruption education are too theoretical and difficult to realize in practice. Anticorruption training in civil service is practically based on codes of ethics, which do not guarantee morality and clearness of their work. The role of mass media in forming anticorruption attitudes of the society is doublefaced. Sometimes non-transparent mass media discourages the fight against corruption, distorts real facts and diminishes the activity of the society. There are no methods to measure the efficiency of anticorruption education. Its influence on reducing the corruption will be visible only after some time. ; Korupcijos prevencija yra gana naujas ir vis daugiau atgarsio bei dėmesio sulaukiantis reiškinys Lietuvoje. Pripažįstant, kad kova su korupcija bus efektyvi tik įtraukus į ją įvairių visuomenės sluoksnių, vis dažniau akcentuojama antikorupcinio švietimo būtinybė. Straipsnyje atskleidžiama antikorupcinio švietimo problematika Lietuvoje, išryškinami esminiai antikorupcinės teisinės bazės, antikorupcinio švietimo projektų, antikorupcinio švietimo įgyvendinimo aspektai. Taip pat pabrėžiamas dviprasmiškas žiniasklaidos vaidmuo kovojant su korupcija bei supažindinama su antikorupcinių institucijų veikla antikorupcinio švietimo srityje.

The Lithuanian language belongs to the Baltic branch of the Indo-European family. Most Baltic languages are extinct. The only ones preserved and used to date are Lithuanian and Latvian. Researchers of Indo-European languages say Lithuanian is the most archaic of all the living Indo-European tongues. The Constitution of the Republic of Lithuania ensures the Lithuanian special legal status and declares the principle of state language. This principle is implemented and defined in numerous various types of legislation, regulating different areas of public life. Application of some norms of legislation sometimes becomes more or less problematic. Recently the most problematic norms, implementing the principle of the state language, are the ones, regulating the writing of the names of natural persons, especially non-Lithuanian nationality and non-citizens, in official documents; public signs and education in languages of national minorities. Recently some important decisions were made by national and international courts, other state authorities which are linked to the implementation of the principle of state language. ; Lietuvos Respublikos Konstitucija nustato lietuvių kalbai valstybinės kalbos statusą. Tai reiškia, kad lietuvių kalba yra vartojama viešajame gyvenime, valstybinės kalbos vartojimas yra saugomas ir kontroliuojamas, o už netinkamą jos vartojimą numatyta atsakomybė. Šis principas įgyvendinamas visoje teisės sistemoje. Jis įtvirtintas ir specialiuose teisės aktuose, ir kituose įvairių rūšių teisės aktuose, reguliuojančiuose įvairias viešojo gyvenimo sritis: valstybės tarnybą, viešąjį administravimą, švietimą, teismines procedūras, tautinių mažumų teises, reklamą, vardų ir pavadinimų suteikimą, viešuosius užrašus ir pan. Valstybinės kalbos principas yra plačiai atskleistas ir Lietuvos Respublikos Konstitucinio Teismo ir kitų nacionalinių teismų praktikoje. Tačiau kartais tam tikrų normų, kuriose įtvirtintas valstybinės kalbos principas, įgyvendinimas tampa problemiškas – dėl besikeičiančių socialinių realijų, migracijos ar net politikos. Pastaruoju metu išryškėjo keletas tokių probleminių sričių, kai keliamas klausimas dėl teisės tautinėms mažumoms vartoti savo kalbą: tai yra asmenvardžių rašymas oficialiuose dokumentuose, viešieji užrašai ir švietimas. Sisteminė nacionalinių ir tarptautinių teisės aktų analizė, nacionalinių ir tarptautinių teismų praktika leidžia daryti išvadą, kad egzistuojantis teisinis minėtų probleminių sričių reguliavimas iš esmės atitinka valstybės įsipareigojimus dėl asmenų teisių. Tačiau būtina nedelsiant priimti specialius teisės aktus, atitinkančius šiuolaikinės visuomenės poreikius ir užtikrinančius tarptautinių įsipareigojimų vykdymą.