Suchergebnisse

Master's thesis examines local autonomy in Lithuania in 1990–2015. The scientific problem of the thesis is expressed with these questions: "What are conceptions of local autonomy and particularities of its measuring? What were extent and expression of local autonomy in Lithuania in 1990–2015? What are feasible changes of local autonomy in Lithuania?" Theoretical part of the thesis reveals and compares conceptions of local autonomy and particularities of its measuring, examines philosophical and sociocultural issues of local government and its autonomy. Summing-up that: 1. Local autonomy is a multidimensional concept. 2. When describing this phenomenon always directly or indirectly arises a dichotomic problem – "how is autonomy theoretically and how it is practically?" 3. There may be three types of local autonomy: political–administrative, financial, subjectful. 4. Local government is highly important for the public governance. It serves as a school not only for politicians, but for all citizens. It implements political socialization, transfers elements of political culture, gives stability and adaptability for the entire political system. 5. Local autonomy should not be considered as an absolute worth. Its extent should comply with the existing level of political and civic culture. Empirical research methods: analysis of legal documents, analysis of scientific and other literature. Analysis of legal documents has been used to reveal extent and expression of local autonomy in Lithuania in 1990–2015. Analysis of scientific and other literature has been used to consider feasible changes of local autonomy in Lithuania. Project's "Local Autonomy Index" instrument has been applied in the research. Main results of the empirical research: Local autonomy in Lithuania from 1990 to 2015 increased, but few. Mostly due to the tax reforms in 2002, which reduced the financial autonomy. Most other components of autonomy were slowly increasing. This shows that Lithuania's local government policy is being changed slowly, there is little innovation – while there is still a big potential to increase autonomy – local autonomy index value in 2015 was 23.5 points out of a maximum possible 37 points. Feasible changes have been discussed in the following areas: local government competence division in the legislation; increasing autonomy in the police, decreasing autonomy in the public transport; local government powers on property taxes and on the personal income tax; legitimation and development of local taxes; changing some of the conditional transfers to unconditional; legitimation of municipal bonds; changing civil servants salary coefficients from fixed to interval; various forms of increasing territorial units influence over the entire state governance. Project's "Local Autonomy Index" instrument can be considered as an optimally detailed for a wide-period research. Though, it is not enough detailed for a short-period research (especially – with the intention of predicting potential trends of local government development).

Master's thesis examines local autonomy in Lithuania in 1990–2015. The scientific problem of the thesis is expressed with these questions: "What are conceptions of local autonomy and particularities of its measuring? What were extent and expression of local autonomy in Lithuania in 1990–2015? What are feasible changes of local autonomy in Lithuania?" Theoretical part of the thesis reveals and compares conceptions of local autonomy and particularities of its measuring, examines philosophical and sociocultural issues of local government and its autonomy. Summing-up that: 1. Local autonomy is a multidimensional concept. 2. When describing this phenomenon always directly or indirectly arises a dichotomic problem – "how is autonomy theoretically and how it is practically?" 3. There may be three types of local autonomy: political–administrative, financial, subjectful. 4. Local government is highly important for the public governance. It serves as a school not only for politicians, but for all citizens. It implements political socialization, transfers elements of political culture, gives stability and adaptability for the entire political system. 5. Local autonomy should not be considered as an absolute worth. Its extent should comply with the existing level of political and civic culture. Empirical research methods: analysis of legal documents, analysis of scientific and other literature. Analysis of legal documents has been used to reveal extent and expression of local autonomy in Lithuania in 1990–2015. Analysis of scientific and other literature has been used to consider feasible changes of local autonomy in Lithuania. Project's "Local Autonomy Index" instrument has been applied in the research. Main results of the empirical research: Local autonomy in Lithuania from 1990 to 2015 increased, but few. Mostly due to the tax reforms in 2002, which reduced the financial autonomy. Most other components of autonomy were slowly increasing. This shows that Lithuania's local government policy is being changed slowly, there is little innovation – while there is still a big potential to increase autonomy – local autonomy index value in 2015 was 23.5 points out of a maximum possible 37 points. Feasible changes have been discussed in the following areas: local government competence division in the legislation; increasing autonomy in the police, decreasing autonomy in the public transport; local government powers on property taxes and on the personal income tax; legitimation and development of local taxes; changing some of the conditional transfers to unconditional; legitimation of municipal bonds; changing civil servants salary coefficients from fixed to interval; various forms of increasing territorial units influence over the entire state governance. Project's "Local Autonomy Index" instrument can be considered as an optimally detailed for a wide-period research. Though, it is not enough detailed for a short-period research (especially – with the intention of predicting potential trends of local government development).

Personal Autonomy and Limits of Legal Regulation Personal autonomy is one of the most important principles under which the legislative authority is creating the laws. However, personal autonomy is not absolute, individuals are allowed to act freely within their limits of autonomy, as long as it does not interfere with the autonomy of others and does not violate other rights and values which are also protected by law. This master's thesis analyzes the relationship between personal autonomy and legal regulation. To illustrate the topic, it is chosen to analyze the legal regulation of a person's reproductive rights (termination of pregnancy, assisted reproduction, giving birth at home), because of the frequent public debate on these topics. The individual's autonomy in the field of reproduction is not only important for the implementation of autonomy as a value, but it is in the area of autonomy that human rights are guaranteed and protected. The thesis analyzes the autonomy of a person as interpreted by Lithuanian courts and the European Court of Human Rights, as well as presents the concepts of individual autonomy of different scholars, explores whether there are similarities among different concepts. According to the selected features of personal autonomy, the limits of a person's autonomy as defined in the legal acts of the Republic of Lithuania regulating termination of pregnancy, assisted fertilization and home birth are analyzed. The European Court of Human Rights has recognized that individual autonomy is an important principle underpinning the interpretation of Article 8 of the Convention. However the members of Council of Europe do not always ensure respect for the personal autonomy, and thus seek to clarify when limitations of personal autonomy can be justified under the Convention.

Personal Autonomy and Limits of Legal Regulation Personal autonomy is one of the most important principles under which the legislative authority is creating the laws. However, personal autonomy is not absolute, individuals are allowed to act freely within their limits of autonomy, as long as it does not interfere with the autonomy of others and does not violate other rights and values which are also protected by law. This master's thesis analyzes the relationship between personal autonomy and legal regulation. To illustrate the topic, it is chosen to analyze the legal regulation of a person's reproductive rights (termination of pregnancy, assisted reproduction, giving birth at home), because of the frequent public debate on these topics. The individual's autonomy in the field of reproduction is not only important for the implementation of autonomy as a value, but it is in the area of autonomy that human rights are guaranteed and protected. The thesis analyzes the autonomy of a person as interpreted by Lithuanian courts and the European Court of Human Rights, as well as presents the concepts of individual autonomy of different scholars, explores whether there are similarities among different concepts. According to the selected features of personal autonomy, the limits of a person's autonomy as defined in the legal acts of the Republic of Lithuania regulating termination of pregnancy, assisted fertilization and home birth are analyzed. The European Court of Human Rights has recognized that individual autonomy is an important principle underpinning the interpretation of Article 8 of the Convention. However the members of Council of Europe do not always ensure respect for the personal autonomy, and thus seek to clarify when limitations of personal autonomy can be justified under the Convention.

Personal Autonomy and Limits of Legal Regulation Personal autonomy is one of the most important principles under which the legislative authority is creating the laws. However, personal autonomy is not absolute, individuals are allowed to act freely within their limits of autonomy, as long as it does not interfere with the autonomy of others and does not violate other rights and values which are also protected by law. This master's thesis analyzes the relationship between personal autonomy and legal regulation. To illustrate the topic, it is chosen to analyze the legal regulation of a person's reproductive rights (termination of pregnancy, assisted reproduction, giving birth at home), because of the frequent public debate on these topics. The individual's autonomy in the field of reproduction is not only important for the implementation of autonomy as a value, but it is in the area of autonomy that human rights are guaranteed and protected. The thesis analyzes the autonomy of a person as interpreted by Lithuanian courts and the European Court of Human Rights, as well as presents the concepts of individual autonomy of different scholars, explores whether there are similarities among different concepts. According to the selected features of personal autonomy, the limits of a person's autonomy as defined in the legal acts of the Republic of Lithuania regulating termination of pregnancy, assisted fertilization and home birth are analyzed. The European Court of Human Rights has recognized that individual autonomy is an important principle underpinning the interpretation of Article 8 of the Convention. However the members of Council of Europe do not always ensure respect for the personal autonomy, and thus seek to clarify when limitations of personal autonomy can be justified under the Convention.

Personal Autonomy and Limits of Legal Regulation Personal autonomy is one of the most important principles under which the legislative authority is creating the laws. However, personal autonomy is not absolute, individuals are allowed to act freely within their limits of autonomy, as long as it does not interfere with the autonomy of others and does not violate other rights and values which are also protected by law. This master's thesis analyzes the relationship between personal autonomy and legal regulation. To illustrate the topic, it is chosen to analyze the legal regulation of a person's reproductive rights (termination of pregnancy, assisted reproduction, giving birth at home), because of the frequent public debate on these topics. The individual's autonomy in the field of reproduction is not only important for the implementation of autonomy as a value, but it is in the area of autonomy that human rights are guaranteed and protected. The thesis analyzes the autonomy of a person as interpreted by Lithuanian courts and the European Court of Human Rights, as well as presents the concepts of individual autonomy of different scholars, explores whether there are similarities among different concepts. According to the selected features of personal autonomy, the limits of a person's autonomy as defined in the legal acts of the Republic of Lithuania regulating termination of pregnancy, assisted fertilization and home birth are analyzed. The European Court of Human Rights has recognized that individual autonomy is an important principle underpinning the interpretation of Article 8 of the Convention. However the members of Council of Europe do not always ensure respect for the personal autonomy, and thus seek to clarify when limitations of personal autonomy can be justified under the Convention.

Представлены результаты исследований формирования административной элиты в современной Польше. Особое внимание уделяется взаимодействию между политиками и чиновниками. Показано, как административные элиты воспринимают свои задачи и обязанности. Эмпирическую основу анализа составляют 50 глубинных интервью, проведенных в 2013 г. с директорами и заместителями директоров департаментов в польских министерствах. = The results of the study aimed at learning the formation of administrative elite in modern Poland are submitted. Special attention is paid to the interaction between the politics and public officials. The objectives and duties of the administrative elite are shown from the viewpoint of the latter. The empiric basis of the analysis is 50 in-depth interviews carried out in 2013 with the directors and deputy directors of the departments in Polish ministries.

Introduction. The article compares the charters of Russian universities and brings to light the principles of universities' operation throughout their history from the 19th to the 21st century. The article describes the model of university autonomy in Russia and its influence on the development of the academia, including contemporary universities' ambitions in terms of global rankings. Methods and Materials. The conceptual framework is based on the methods of documentary studies applied to analyze universities' charters and the procedures of their development and use, including the preparation of the draft version, editing and further adjustments as well as the origin and characteristics of the document, that is, whether they resulted from 'bottom-up' or 'top-down' initiatives. The documentary analysis reveals not only the functions of charters but also the degree of universities' autonomy as defined by these documents. Analysis. In terms of their history and functions, three types of university charters can be identified: general (unified), standard and individual. In the Soviet and post-Soviet periods, individual charters were mostly based on standard provisions or charters, that is, they were 'top-down' initiatives. General and standard charters were devised by the related governmental agencies and, therefore, corresponded to the goals pursued by the government at that stage. Individual university charters resulting from 'bottom-up' initiatives were created in the transition periods of 1918-1922 and the 1990s, which were characterized by massive socioeconomic change and search for new models of higher education institutions. Results. In the history of Russian higher education, there are several periods when universities had limited autonomy: early and mid-19th century (liberal reforms); 1920s (organizational and methodological experiments); 1960s (revival of limited autonomy of universities); 1990s (self-government and academic freedoms). Liberal cycles are directly reflected in the university charters, but the analysis of the procedural aspects of their development and functioning allows to conclude that autonomy should be considered as a temporary deviation from the basic model of a state university. © 2020 Volgograd State University. All rights reserved. ; Russian Foundation for Basic Research, RFBR: 19-29-07154 ; This research is supported by the grant of the RFBR, project № 19-29-07154 mk "The Family Forming Human Capital in an Industrial City During the Demographic Transition: The Case of Yekaterinburg-Sverdlovsk".

This master thesis analyses restrictions of the implementation of person's autonomy in contract law. This thesis studies the basis and tools of limitations of freedom of contract, as the essence of the implementation of person's autonomy in contract law. It analyses the restrictions of this principle in the doctrine of law, legislation, practice, as well, in non - mandatory documents, which are held to be very important to contract law. The hypothesis raised in this master thesis has been confirmed. The number of cases when the politics of solidarity is being implemented in contract law has been increasing. This is mostly typical to the areas, where the protection of rights and legitimate interests of weaker parties of contract is needed. However the freedom of contract is not losing its importance and still is the essential idea of contract law. It is recognized in the jurisprudence, the legislation, practice. Non - mandatory documents, significant to contract law, are also based on this principle. The possibility for person to function in market without any groundless and disproportionate limitations is an essential condition for efficiently operating economics. For this reason the implementation of person's autonomy in contract law has to be restricted only when these restrictions are necessary and only using tools, which are reasonable and proportionate. Formal and severe limitations should be exception to the general rule. The right and duty of a court to evaluate every case individually is significant for the implementation of freedom of contract. However restrictions of person's autonomy does not deny it, they guarantee it. Party autonomy is being transferred to another level of quality, where parties achieve the most beneficent version of their agreement. This agreement is a feature of efficient legal and economic system. Reasonable balance between rights and legitimate interests of different people, as well as the society, should be the aim of regulation of contract law.

This master thesis analyses restrictions of the implementation of person's autonomy in contract law. This thesis studies the basis and tools of limitations of freedom of contract, as the essence of the implementation of person's autonomy in contract law. It analyses the restrictions of this principle in the doctrine of law, legislation, practice, as well, in non - mandatory documents, which are held to be very important to contract law. The hypothesis raised in this master thesis has been confirmed. The number of cases when the politics of solidarity is being implemented in contract law has been increasing. This is mostly typical to the areas, where the protection of rights and legitimate interests of weaker parties of contract is needed. However the freedom of contract is not losing its importance and still is the essential idea of contract law. It is recognized in the jurisprudence, the legislation, practice. Non - mandatory documents, significant to contract law, are also based on this principle. The possibility for person to function in market without any groundless and disproportionate limitations is an essential condition for efficiently operating economics. For this reason the implementation of person's autonomy in contract law has to be restricted only when these restrictions are necessary and only using tools, which are reasonable and proportionate. Formal and severe limitations should be exception to the general rule. The right and duty of a court to evaluate every case individually is significant for the implementation of freedom of contract. However restrictions of person's autonomy does not deny it, they guarantee it. Party autonomy is being transferred to another level of quality, where parties achieve the most beneficent version of their agreement. This agreement is a feature of efficient legal and economic system. Reasonable balance between rights and legitimate interests of different people, as well as the society, should be the aim of regulation of contract law.

The article analyzes the evolution of the Serbian national movement in Croatia in the early 1990s. The author examines the essence and peculiarities of Serbian communities' consolidation processes. The author focuses on the development of territorial and political institutes of the Serbian population in Croatia in 1990–1991, showing the circumstances of transformation of the Serbian movement for autonomy into the aspiration of the leaders of Serbian communities for sovereignty. ; В статье анализируется эволюция сербского национального движения в Хорватии в начале 1990-х гг. Рассматриваются содержание и особенности процессов консолидации сербских общин. Особое внимание уделяется развитию территориально-политических образований сербского населения в Хорватии в 1990–1991 гг. Автором показаны обстоятельства трансформации сербского движения за автономию в стремление лидеров сербских общин к достижению государственной независимости.

The idea of the institutional autonomy of universities emerged in the Middle Ages. As a preserved tradition, it has become an important principle of a democratic society on which university activities are based. The Magna Charta Universitatum – signed by many universities around the world – the European University Association, and the European Union have developed a new concept of institutional autonomy for universities based on the belief that institutional autonomy is the best precondition for the efficiency of universities and societal progress. The Constitutional Court of the Republic of Lithuania examined 11 cases related to issues of the autonomy of higher education institutions. In examining these cases, the Court formed a Constitutional Doctrine, providing an interpretation of paragraph 3 of Article 40 of the Constitution of the Republic of Lithuania, which deals with the granting of autonomy to higher education institutions. In several rulings, the Court has held that legal acts adopted by the Seimas of the Republic of Lithuania and the Government of the Republic of Lithuania have unreasonably restricted the autonomy of higher education institutions and violated the Constitution. At the same time, the Court has repeatedly emphasized in its rulings that neither the autonomy of higher education institutions nor academic freedom are an end in themselves, and that the autonomy guaranteed to higher education institutions and the freedom of science and research are not absolute.

The article is devoted to the of national autonomy within the People's Republic of China. In this work has been considered the Chinese phenomena as a modern state, identified the Chinese Constitution provisions concerning national autonomy, examined the history of the emergence and development of the idea of national autonomy in China. Particular attention is paid to the peculiarities of contemporary Chinese autonomous status: defined types, characteristic features of administrative-territorial division, studied the nature of autonomous government agencies. The analysis of problems in relational concern between People's Republic of China and its national autonomies (Hong Kong, Tibet), Taiwan has been conducted, the ways of solving these problems are offered. In the article the different models of national autonomy applied by China also are compared. ; Статья посвящена проблеме национальной автономии в Китайской Народной Республике. В работе рассмотрен феномен Китая как современного государства, выявлены положения Конституции Китая, касающиеся национальной автономии, исследована история возникновения и развития идеи национальной автономии в Китае. Особое внимание уделено особенностям современного статуса китайских автономных образований: определены их виды, характерные черты их административно-территориального деления, изучена природа органов власти автономий. Проведён анализ проблем в отношениях между Китайской Народной Республикой и её национальными автономиями (Гонконгом, Тибетом), Тайванем, предложены пути решения данных проблем. В статье также проводится сравнение разных моделей национальной автономии, применяемой Китаем.

В Польше, как на практике, так и в доктрине преобладает убеждение, что единицы территориального самоуправления (в том числе гмины) могут принимать только действия, закреплённые в конкретных положениях закона. Такое мнение правильно по отношению к введению единицами территориального самоуправления некоторых обязанностей / приказов. Однако это неадекватно к остальным действиям. Основы такого утверждения исходят из конституционной презумпции компетенции самоуправляющихся общин в реализации местных / региональных заданий, а также заданий, приписанных отдельным единицам местного самоуправления. Среди самоуправляющихся общин специальное и основное место занимает гмина, поэтому самые важные рассуждения настоящей статьи посвящаются именно этим единицам. ; In Poland, in practice as well as in doctrine, there is a prevailing view the local government units (including gminas) can only take actions under a specific provision of the act. It is justified indeed in reference to introducing certain obligations/orders by local governments. But it is not adequate to other activities. The ground for such claim is based on the constitutional presumption of competence of self-government communities to carry out local/regional tasks as well as statutory specified scope of competence and tasks assigned to individual local government units. Among self-government communities the special and fundamental position is occupied by the commune, for this reason main reflections of the article is devoted to those units. ; salachna@uwb.edu.pl ; Professor at the Faculty of Law of the University of Bialystok ; Faculty of Law, University of Bialystok, Poland ; Garlicki L. (red.), Konstytucja Rzeczypospolitej Polskiej. Komentarz, t. IV, Warszawa 2005 ; Jakimowicz W., Wykładnia w prawie administracyjnym, Warszawa 2006 ; Kulesza M., O tym, ile jest decentralizacji w centralizacji, a także o osobliwych nawykach uczonych administratywistów, "Samorząd Terytorialny" 2009, nr 12 ; Niewiadomski Z., Samorząd terytorialny w Konstytucji RP, "Samorząd Terytorialny" 2002, nr 3 ; Ruśkowski E. (red.), System prawa finansowego, t. II, Warszawa 2010 ; Salachna J.M., Odpowiedzialność za nieprzestrzeganie procedury tworzenia i wykonywania budżetu jednostki samorządu terytorialnego, Warszawa 2008 ; Sokolewicz W., Komentarz do art. 7 Konstytucji w: L. Garlicki (red.), Konstytucja Rzeczypospolitej Polskiej. Komentarz, t. V, Warszawa 2007 ; Witalec W., Granice prawne wydatków samorządu terytorialnego w świetle orzecznictwa regionalnych izb obrachunkowych, "Finanse Komunalne" 2010, nr 6 ; 599-611

The events taking place in Central and Eastern Europe (primarily in Ukraine and Latvia) indicate a serious problem facing believers in these States, and are also a signi cant challenge to the adopted approach regarding the right to autonomy of religious associations, a ecting and having signi cance for the entire European continent. Currently, the state authorities of Ukraine and Latvia are taking measures aimed at signi cantly limiting the activities of religious associations that have historically been in churchcanonical connection with the Russian Orthodox Church. It seems that the actions of the State authorities of these countries can be characterized as excessive interference in the autonomy of religious organizations guaranteed by the Constitution of Ukraine and the Republic of Latvia, as well as the European Convention on Human Rights. Meanwhile, the ECHR has formed a stable practice defending the right to autonomy of religious associations in the states of Central and Eastern Europe, as well as guaranteeing protection from unjusti ed state interference in the internal a airs of the church. In this article, the author attempts not only to analyze the precedents already considered in the practice of the ECHR, but also to predict a possible Court decision regarding the actions of state authorities of Ukraine and Latvia on the way from politics to law