The article analyses influence of constitutional regulation on development of local governance in the Republic of Lithuania and show the setting of the prerogative limits of legislators in the areas of administrative partition of state territory and organization of local governance. According to analysis of the provisions of the Constitution of the Republic of Lithuania and resolutions of the Constitutional Court, the wide prerogatives of legislators to specify and elaborate the main principles of organization of local governance that are established in the Constitution and to regulate other issues related to development of this governance by law are shown. The article shows that provisions of the Constitution of the Republic of Lithuania do not make any difficulties in implementation of changes in the area of organization of local governance. ; Straipsnyje analizuojama konstitucinio reguliavimo įtaka vietos valdymo raidai Lietuvos Respublikos aukštesniuosiuose administraciniuose vienetuose, nustatomos įstatymų leidėjo prerogatyvų ribos valstybės teritorijos administracinio suskirstymo ir vietos valdymo organizavimo srityse. Remiantis Lietuvos Respublikos Konstitucijos nuostatų ir Konstitucinio teismo nutarimų turinio analize, pateiktos įstatymų leidėjo plačios prerogatyvos įstatymais konkretizuoti ir detalizuoti Konstitucijoje įtvirtintus pagrindinius vietos valdymo organizavimo principus, reguliuoti kitus su šio valdymo raida susijusius klausimus, pagrindžiama, kad Lietuvos Respublikos Konstitucijos nuostatos neapsunkina pokyčių įgyvendinimo vietos valdymo organizavimo srityje.
One of the most effective ways to ensure order in society is to apply legal liability measures to law violations. Administrative responsibility is one of the legal administration types implemented through suitable measures – administrative sanctions. Administrative sanctions are designated to punish and educate the person who made administrative violations so that he could respect the rules of collective living. Also, it is desirable that both the violator and other individuals do not make new violations, which means that administrative sanction is a very important measure to ensure legal order. Because of the large amount of administrative violations and the aspiration to prevent them as well as to prevent legal offence, the need of a more effective and faster reaction (by employing administrative sanctions) to administrative violations arose. This resulted in the alterations of the Code of Administrative Violations that came into force in January 1, 2011, on which the institute of administrative order was established. With the establishment of this institute the problem of the extremely large workload of courts was to be solved, the fund of designated administrative sanctions was to be raised into the budget more operatively, and most importantly –the process of the least dangerous administrative violation cases' solutions was to be quickened and simplified. The essence of an administrative order is that it is submitted to the violator within ten working days, starting from the date the protocol of administrative violation is presented (or sent), and the fine, equal to half of the minimum fine indicated in the article of the Code (wherein the liability for administrative violations is foreseen), has to be paid on voluntary basis. An administrative order cannot be designated if in a sanction of the Code of Administrative Violations' article, wherein the liability for administrative violations is foreseen, a larger than eight hundred sixty eight euro maximum fine is provided, or a different kind of administrative sanction, not a monetary one, is foreseen as the main or additional fine (except a warning). Moreover, it cannot be designated if the person has repeatedly committed an administrative violation within a year, (foreseen in the respective article), or the violation is made with property damages which are fully compensated. Although it might seem that the institute of administrative order is quite clearly regulated, problems arise now and then while applying it in practice. While examining the problems of application and interpretation of the institute of administrative order, the biggest difficulty appears to be valuing what effect does the factor that in his case the administrative order was already applied have on the violator. Dealing with the question of legal causes of the administrative order fulfilment in court practice, it may be noted that court valuing is different than conceived by the legislator. Analyzing the explanatory note of laws on which the institute of administrative order was established, it may be observed that with this institute administrative sanction aims were sought to be achieved in the fastest and thriftiest way. These aims are to punish the guilty one, to correct and educate the violator as well as to warn other people, so that they would not make violations. This means that in its own nature the institute of administrative law is a tool used to apply the states' constraint (in this case – sanction) for the people, who made an administrative violation. However, the Supreme Administrative Court of Lithuania shares a different view. While examining administrative order application's legal consequences question, the court formed a practice that is carried out in this manner: after the administrative order is voluntarily fulfilled, the person is not considered guilty by administrative procedure, which means that an administrative order is not considered as an administrative sanction. It is important to mark that this practice is applied by almost every court which deals with administrative violation cases. While analyzing this situation, the question of how to value the institute of administrative order arises. In order to answer this question, the attention was focused on both the theoretical and practical side of the problem. Through legal doctrine and courts jurisprudence this paper seeks to determine if applying the institute of administrative order in practice helps implement the aims conceived by the legislator, and also if subjects applying the institute of administrative order interpret it rightly. First of all, the theoretical foundation of administrative liability, the concept and its conditions of appearance are being issued. In another chapter, the institute of administrative sanction is being investigated – the traits that identify administrative sanctions, their matters, kinds and caused consequences. In the third chapter of this paper, the institute of administrative order is analysed – the aims of the legislator, the institute's explanatory problems which arise in practice, and, of course, the consequences caused by the administrative order fulfilment. At the end of this work the conclusions and suggestions on how to solve the problem issued in this paper are presented. Legal doctrines, courts' jurisprudence, and the analysis of national as well as international documents showed that administrative order both in its nature and content is a tool for applying administrative sanctions to the people who have made administrative violations. This means that an administrative order is considered to be an administrative sanction.
One of the most effective ways to ensure order in society is to apply legal liability measures to law violations. Administrative responsibility is one of the legal administration types implemented through suitable measures – administrative sanctions. Administrative sanctions are designated to punish and educate the person who made administrative violations so that he could respect the rules of collective living. Also, it is desirable that both the violator and other individuals do not make new violations, which means that administrative sanction is a very important measure to ensure legal order. Because of the large amount of administrative violations and the aspiration to prevent them as well as to prevent legal offence, the need of a more effective and faster reaction (by employing administrative sanctions) to administrative violations arose. This resulted in the alterations of the Code of Administrative Violations that came into force in January 1, 2011, on which the institute of administrative order was established. With the establishment of this institute the problem of the extremely large workload of courts was to be solved, the fund of designated administrative sanctions was to be raised into the budget more operatively, and most importantly –the process of the least dangerous administrative violation cases' solutions was to be quickened and simplified. The essence of an administrative order is that it is submitted to the violator within ten working days, starting from the date the protocol of administrative violation is presented (or sent), and the fine, equal to half of the minimum fine indicated in the article of the Code (wherein the liability for administrative violations is foreseen), has to be paid on voluntary basis. An administrative order cannot be designated if in a sanction of the Code of Administrative Violations' article, wherein the liability for administrative violations is foreseen, a larger than eight hundred sixty eight euro maximum fine is provided, or a different kind of administrative sanction, not a monetary one, is foreseen as the main or additional fine (except a warning). Moreover, it cannot be designated if the person has repeatedly committed an administrative violation within a year, (foreseen in the respective article), or the violation is made with property damages which are fully compensated. Although it might seem that the institute of administrative order is quite clearly regulated, problems arise now and then while applying it in practice. While examining the problems of application and interpretation of the institute of administrative order, the biggest difficulty appears to be valuing what effect does the factor that in his case the administrative order was already applied have on the violator. Dealing with the question of legal causes of the administrative order fulfilment in court practice, it may be noted that court valuing is different than conceived by the legislator. Analyzing the explanatory note of laws on which the institute of administrative order was established, it may be observed that with this institute administrative sanction aims were sought to be achieved in the fastest and thriftiest way. These aims are to punish the guilty one, to correct and educate the violator as well as to warn other people, so that they would not make violations. This means that in its own nature the institute of administrative law is a tool used to apply the states' constraint (in this case – sanction) for the people, who made an administrative violation. However, the Supreme Administrative Court of Lithuania shares a different view. While examining administrative order application's legal consequences question, the court formed a practice that is carried out in this manner: after the administrative order is voluntarily fulfilled, the person is not considered guilty by administrative procedure, which means that an administrative order is not considered as an administrative sanction. It is important to mark that this practice is applied by almost every court which deals with administrative violation cases. While analyzing this situation, the question of how to value the institute of administrative order arises. In order to answer this question, the attention was focused on both the theoretical and practical side of the problem. Through legal doctrine and courts jurisprudence this paper seeks to determine if applying the institute of administrative order in practice helps implement the aims conceived by the legislator, and also if subjects applying the institute of administrative order interpret it rightly. First of all, the theoretical foundation of administrative liability, the concept and its conditions of appearance are being issued. In another chapter, the institute of administrative sanction is being investigated – the traits that identify administrative sanctions, their matters, kinds and caused consequences. In the third chapter of this paper, the institute of administrative order is analysed – the aims of the legislator, the institute's explanatory problems which arise in practice, and, of course, the consequences caused by the administrative order fulfilment. At the end of this work the conclusions and suggestions on how to solve the problem issued in this paper are presented. Legal doctrines, courts' jurisprudence, and the analysis of national as well as international documents showed that administrative order both in its nature and content is a tool for applying administrative sanctions to the people who have made administrative violations. This means that an administrative order is considered to be an administrative sanction.
One of the most effective ways to ensure order in society is to apply legal liability measures to law violations. Administrative responsibility is one of the legal administration types implemented through suitable measures – administrative sanctions. Administrative sanctions are designated to punish and educate the person who made administrative violations so that he could respect the rules of collective living. Also, it is desirable that both the violator and other individuals do not make new violations, which means that administrative sanction is a very important measure to ensure legal order. Because of the large amount of administrative violations and the aspiration to prevent them as well as to prevent legal offence, the need of a more effective and faster reaction (by employing administrative sanctions) to administrative violations arose. This resulted in the alterations of the Code of Administrative Violations that came into force in January 1, 2011, on which the institute of administrative order was established. With the establishment of this institute the problem of the extremely large workload of courts was to be solved, the fund of designated administrative sanctions was to be raised into the budget more operatively, and most importantly –the process of the least dangerous administrative violation cases' solutions was to be quickened and simplified. The essence of an administrative order is that it is submitted to the violator within ten working days, starting from the date the protocol of administrative violation is presented (or sent), and the fine, equal to half of the minimum fine indicated in the article of the Code (wherein the liability for administrative violations is foreseen), has to be paid on voluntary basis. An administrative order cannot be designated if in a sanction of the Code of Administrative Violations' article, wherein the liability for administrative violations is foreseen, a larger than eight hundred sixty eight euro maximum fine is provided, or a different kind of administrative sanction, not a monetary one, is foreseen as the main or additional fine (except a warning). Moreover, it cannot be designated if the person has repeatedly committed an administrative violation within a year, (foreseen in the respective article), or the violation is made with property damages which are fully compensated. Although it might seem that the institute of administrative order is quite clearly regulated, problems arise now and then while applying it in practice. While examining the problems of application and interpretation of the institute of administrative order, the biggest difficulty appears to be valuing what effect does the factor that in his case the administrative order was already applied have on the violator. Dealing with the question of legal causes of the administrative order fulfilment in court practice, it may be noted that court valuing is different than conceived by the legislator. Analyzing the explanatory note of laws on which the institute of administrative order was established, it may be observed that with this institute administrative sanction aims were sought to be achieved in the fastest and thriftiest way. These aims are to punish the guilty one, to correct and educate the violator as well as to warn other people, so that they would not make violations. This means that in its own nature the institute of administrative law is a tool used to apply the states' constraint (in this case – sanction) for the people, who made an administrative violation. However, the Supreme Administrative Court of Lithuania shares a different view. While examining administrative order application's legal consequences question, the court formed a practice that is carried out in this manner: after the administrative order is voluntarily fulfilled, the person is not considered guilty by administrative procedure, which means that an administrative order is not considered as an administrative sanction. It is important to mark that this practice is applied by almost every court which deals with administrative violation cases. While analyzing this situation, the question of how to value the institute of administrative order arises. In order to answer this question, the attention was focused on both the theoretical and practical side of the problem. Through legal doctrine and courts jurisprudence this paper seeks to determine if applying the institute of administrative order in practice helps implement the aims conceived by the legislator, and also if subjects applying the institute of administrative order interpret it rightly. First of all, the theoretical foundation of administrative liability, the concept and its conditions of appearance are being issued. In another chapter, the institute of administrative sanction is being investigated – the traits that identify administrative sanctions, their matters, kinds and caused consequences. In the third chapter of this paper, the institute of administrative order is analysed – the aims of the legislator, the institute's explanatory problems which arise in practice, and, of course, the consequences caused by the administrative order fulfilment. At the end of this work the conclusions and suggestions on how to solve the problem issued in this paper are presented. Legal doctrines, courts' jurisprudence, and the analysis of national as well as international documents showed that administrative order both in its nature and content is a tool for applying administrative sanctions to the people who have made administrative violations. This means that an administrative order is considered to be an administrative sanction.
3. The Law provides that a licensed warehouse may be set up as an entity of the Republic of Lithuania, as an entity the European Union Member States. However, The Grain Warehouse Licensing Rules unduly narrow the range of subjects. Section II, Item 8 of these Rules states that only persons registered in the Republic of Lithuania must have the license. 4. According to the U.S. experience, an additional requirement should be introduced for a licensed warehouse operator pursuing activity, namely not to engage in bad business practices, and penalties for false business records. In addition, the U.S. legislation governing licensed grain warehouses provides for stricter requirements for grain warehouses, high level technical and financial requirements, compared to those in Lithuania. More stringent requirements provide depositors' confidence that their goods will be protected, by ensuring the quality and quantity of the warehoused goods.
3. The Law provides that a licensed warehouse may be set up as an entity of the Republic of Lithuania, as an entity the European Union Member States. However, The Grain Warehouse Licensing Rules unduly narrow the range of subjects. Section II, Item 8 of these Rules states that only persons registered in the Republic of Lithuania must have the license. 4. According to the U.S. experience, an additional requirement should be introduced for a licensed warehouse operator pursuing activity, namely not to engage in bad business practices, and penalties for false business records. In addition, the U.S. legislation governing licensed grain warehouses provides for stricter requirements for grain warehouses, high level technical and financial requirements, compared to those in Lithuania. More stringent requirements provide depositors' confidence that their goods will be protected, by ensuring the quality and quantity of the warehoused goods.
The development of technologies and fast globalization process of the world determine the growing importance of data protection and personal privacy. Data protection became increasingly important topic. Large companies, organizations operating in the digital space have gained access to a particularly large amount of data, and the disposal of personal data is not only targeted, but is also known as a side effect of digital services' usage, which poses a particular threat to the individual's right to privacy of data. Accelerating globalization and progress of sociey necessitate the continuous improvement of existing legislation and the search for new, innovative solutions that solves potential legal gaps and issues. For this reason, the General Data Protection Regulation (GDPR) has been adopted in order to reform the current data protection law. One of the major innovations of GDPR is the broad interpretation of the provisions on territorial approach. In order to fully examine this innovation in the field of data protection law in European Union, this work has been divided into several parts. The first part provides an overview of the development of data protection law, previous data protection legislation and its territorial application as well as major changes implemented by the General Data Protection Regulation. The second part reviews the problems of interpretation arising from the provisions of the Regulation which are related to territorial application and possible difficulties in the implementation of these norms. The third part reviews the issues of data protection in the context of the Internet.
The development of technologies and fast globalization process of the world determine the growing importance of data protection and personal privacy. Data protection became increasingly important topic. Large companies, organizations operating in the digital space have gained access to a particularly large amount of data, and the disposal of personal data is not only targeted, but is also known as a side effect of digital services' usage, which poses a particular threat to the individual's right to privacy of data. Accelerating globalization and progress of sociey necessitate the continuous improvement of existing legislation and the search for new, innovative solutions that solves potential legal gaps and issues. For this reason, the General Data Protection Regulation (GDPR) has been adopted in order to reform the current data protection law. One of the major innovations of GDPR is the broad interpretation of the provisions on territorial approach. In order to fully examine this innovation in the field of data protection law in European Union, this work has been divided into several parts. The first part provides an overview of the development of data protection law, previous data protection legislation and its territorial application as well as major changes implemented by the General Data Protection Regulation. The second part reviews the problems of interpretation arising from the provisions of the Regulation which are related to territorial application and possible difficulties in the implementation of these norms. The third part reviews the issues of data protection in the context of the Internet.
The development of technologies and fast globalization process of the world determine the growing importance of data protection and personal privacy. Data protection became increasingly important topic. Large companies, organizations operating in the digital space have gained access to a particularly large amount of data, and the disposal of personal data is not only targeted, but is also known as a side effect of digital services' usage, which poses a particular threat to the individual's right to privacy of data. Accelerating globalization and progress of sociey necessitate the continuous improvement of existing legislation and the search for new, innovative solutions that solves potential legal gaps and issues. For this reason, the General Data Protection Regulation (GDPR) has been adopted in order to reform the current data protection law. One of the major innovations of GDPR is the broad interpretation of the provisions on territorial approach. In order to fully examine this innovation in the field of data protection law in European Union, this work has been divided into several parts. The first part provides an overview of the development of data protection law, previous data protection legislation and its territorial application as well as major changes implemented by the General Data Protection Regulation. The second part reviews the problems of interpretation arising from the provisions of the Regulation which are related to territorial application and possible difficulties in the implementation of these norms. The third part reviews the issues of data protection in the context of the Internet.
The development of technologies and fast globalization process of the world determine the growing importance of data protection and personal privacy. Data protection became increasingly important topic. Large companies, organizations operating in the digital space have gained access to a particularly large amount of data, and the disposal of personal data is not only targeted, but is also known as a side effect of digital services' usage, which poses a particular threat to the individual's right to privacy of data. Accelerating globalization and progress of sociey necessitate the continuous improvement of existing legislation and the search for new, innovative solutions that solves potential legal gaps and issues. For this reason, the General Data Protection Regulation (GDPR) has been adopted in order to reform the current data protection law. One of the major innovations of GDPR is the broad interpretation of the provisions on territorial approach. In order to fully examine this innovation in the field of data protection law in European Union, this work has been divided into several parts. The first part provides an overview of the development of data protection law, previous data protection legislation and its territorial application as well as major changes implemented by the General Data Protection Regulation. The second part reviews the problems of interpretation arising from the provisions of the Regulation which are related to territorial application and possible difficulties in the implementation of these norms. The third part reviews the issues of data protection in the context of the Internet.
Many countries have consolidated local governments into larger units since the 1970s. This is done in the name of efficiency and economy. Within the context of European integration, the appearance of new self-governing regions as political actors is characterized by both Western and Central and Eastern European countries. Also Lithuania implements the development of territorial governance. However, the European Union does not regulate the constitutional status of regions in its member states, as member states consider the form, role, and powers of their regions to be an integral part of their national sovereignty. The Reference Framework for Regional Democracy of the Council of Europe writes: "Regional authorities are territorial authorities between the central government and local authorities. Where regional authorities exist, the principle of regional self-government shall be recognized in domestic legislation and/or by the constitution, as appropriate." The article examines whether the reform of regions determines the amendments of the constitution? What is the experience of the Central and Eastern European countries consolidating the regional self-government? The states, the constitution guarantee self-government to the lowest territorial administrative units; in order to strengthen the regional self-government must take the constitutional amendments, except those countries (for example Latvia), the constitution of which are res silētur (is on silence). If the state's constitution has no rules of de-concentrated state governing, lawmakers have broad discretion in regulating state management with ordinary level legislation. Lithuanian local government as an independent constitutional institution, shall be organized by a separate law, which systematically and explicitly sets out the purpose and powers of the central state administration bodies (ministries, government agencies and institutions under the Ministry) and the territorial bodies of state administration (territorial units of the central executive authorities). In Lithuania, a two-stage (regional and municipal) local self-government is possible only after changing the constitution, i.e., the constitution strengthening of the territorial administrative units, to which grantees self-government, expressis verbis. Contrary to the ambition of the government to abolish the counties, if no higher administrative units will be established, in which under the Constitution the local governance must be implemented. Otherwise, the constitutional amendment is necessary, abolishing the imperative to organize the governance in the higher administrative units. ; Europos integracijos kontekste, naujų regionų kaip savivaldžių politinių dalyvių pasirodymas būdingas tiek Vakarų, tiek Vidurio ir Rytų Europos valstybėms. Teritorinio valdymo tobulinimą įgyvendina ir Lietuva. Lietuvos Respublikos Vyriausybės 2008–2012 m. veiklos programoje yra numatyta, kad bus naikinamos apskritys (aukštesnieji administraciniai vienetai – aut. past.), paliekami regionai ir jiems atstovaujančios regionų plėtros tarybos, kurios būtų sudaromos laikantis delegavimo principų iš savivaldybių tarybų narių. Pagal Lietuvos Respublikos Konstituciją vietos savivalda yra įgyvendinama valstybės teritorijos administraciniame vienete – savivaldybėje, o valdymą aukštesniuosiuose administraciniuose vienetuose įstatymo nustatyta tvarka organizuoja Vyriausybė. Todėl straipsnyje analizuojama, ar apskričių (regionų) reforma determinuoja konstitucijos pataisų poreikį? Kokia yra Vidurio ir Rytų Europos valstybių patirtis įtvirtinant regioninę savivaldą?
