Suchergebnisse

The purpose of this research was to evaluate the criminal liability of parents and other representatives of a child for child maltreatment as a criminal act established in Article 163 of the Criminal Code of Republic of Lithuania. The aim of the research is to analyse in a complex and critical way the constituent element of the crime (CC Article 163), evaluate its application in court practice, also identify problems of their criminal legal assessment and practical application of legal norms, make suggestions towards their elimination. In the research, it was focused on the origins of this kind of crime in the legislation of Lithuania and its possible relation in the international criminal laws. The dissertation discussed the content of the main value protected by the criminal law. In the research, a particularly serious social-legal problem–the imposition of corporal punishments to children–was analysed. Problematic aspects of the subject's determination were investigated emphasising who could be considered a legal representative of a child. The topics covering the guilt of a crime were discussed. In the research author also discussed criteria of distinction between similar nature criminal and administrative liability of abuse of the rights or responsibilities of parents, a guardian, custodian or other legal representatives of a child, the legal criminal consequences for crimes were evaluated.

The purpose of this research was to evaluate the criminal liability of parents and other representatives of a child for child maltreatment as a criminal act established in Article 163 of the Criminal Code of Republic of Lithuania. The aim of the research is to analyse in a complex and critical way the constituent element of the crime (CC Article 163), evaluate its application in court practice, also identify problems of their criminal legal assessment and practical application of legal norms, make suggestions towards their elimination. In the research, it was focused on the origins of this kind of crime in the legislation of Lithuania and its possible relation in the international criminal laws. The dissertation discussed the content of the main value protected by the criminal law. In the research, a particularly serious social-legal problem–the imposition of corporal punishments to children–was analysed. Problematic aspects of the subject's determination were investigated emphasising who could be considered a legal representative of a child. The topics covering the guilt of a crime were discussed. In the research author also discussed criteria of distinction between similar nature criminal and administrative liability of abuse of the rights or responsibilities of parents, a guardian, custodian or other legal representatives of a child, the legal criminal consequences for crimes were evaluated.

Domestic violence is negative phenomenon, which occurs in society quite frequently. This is criminal act, which proper qualification raises various legal issues. The latter are related to the lack of violence forms definition, qualification of violence and proper assessment of phenomenon that depends from limitation of legislation. Therefore, purpose of this study is to reveal forms of domestic violence (physical, psychological, sexual and economic) and their qualification in Lithuanian courts practice. Study purpose: to reveal problematic aspects of domestic violence qualification. The study revealed that psychological and economic violence proving is difficult due to the lack of criteria for identifying this act in the absence of solid evidence. The analysis of Lithuanian case law revealed that classification of physical violence as a minor criminal offense does not reach the level of severity for which the perpetrator could be prosecuted is problem. In the courts, it is difficult to determine the insignificance of experienced physical domestic violence. This is due to different case law in assessing the nature of physical violence experienced in the immediate surroundings, subjective and objective criteria and circumstances. The issue of negligible is not defined in the law but is evaluated according to different criteria; there is no uniform case law on this issue. In qualifying psychological violence and mental violence, there are no specific criteria for proving these criminal acts, which makes courts asses such forms of violence differently, therefore it remains unclear what kind of violence was experienced and how it should be assessed in accordance with the provisions of the criminal procedure.

Domestic violence is negative phenomenon, which occurs in society quite frequently. This is criminal act, which proper qualification raises various legal issues. The latter are related to the lack of violence forms definition, qualification of violence and proper assessment of phenomenon that depends from limitation of legislation. Therefore, purpose of this study is to reveal forms of domestic violence (physical, psychological, sexual and economic) and their qualification in Lithuanian courts practice. Study purpose: to reveal problematic aspects of domestic violence qualification. The study revealed that psychological and economic violence proving is difficult due to the lack of criteria for identifying this act in the absence of solid evidence. The analysis of Lithuanian case law revealed that classification of physical violence as a minor criminal offense does not reach the level of severity for which the perpetrator could be prosecuted is problem. In the courts, it is difficult to determine the insignificance of experienced physical domestic violence. This is due to different case law in assessing the nature of physical violence experienced in the immediate surroundings, subjective and objective criteria and circumstances. The issue of negligible is not defined in the law but is evaluated according to different criteria; there is no uniform case law on this issue. In qualifying psychological violence and mental violence, there are no specific criteria for proving these criminal acts, which makes courts asses such forms of violence differently, therefore it remains unclear what kind of violence was experienced and how it should be assessed in accordance with the provisions of the criminal procedure.

CHILD GUARDIANSHIP (CURATORSHIP) AS AN ALTERNATIVE FORM OF CHILD CARE AND UPBRINGING SUMMARY In the MA thesis Child Guardianship (Curatorship) as an Alternative Form of Child Care and Upbringing, K. Bauža analyses the concept of child guardianship (curatorship) institutions from various aspects, provides an assessment why it is so important in defining the guardianship (curatorship) of a child. Concepts of a child and a minor are used in the Civil Code of the Republic of Lithuania, which regulates the basis for the allocation and termination of child guardianship (curatorship), establishment and implementation principles. Disclosing the definitions of these concepts the author also discusses the regulation volume of legal standards defined in Book 3, Chapter 18 of the Civil Code. During the last two decides many international legal requirements were transferred to the national law of Lithuania. Implementation of child guardianship (curatorship) in practice is carried out in order to transfer the experience of the European countries following the concept of principles disclosed in decisions of the European Court of Human Rights. The author analyses in the thesis the basis of parent authority limitation and the interface between government intervention and the autonomy of the family, the basis of minor guardianship (curatorship) and discloses the subsidiary duty of the government in the defence of children rights, assesses if such actions are legally authorized, if legal assumptions for the establishment and implementation of child guardianship (curatorship) are properly create. Analysing the concept of minor guardianship (curatorship) principles the author discloses many problems common in practice related both to legal regulation and policy carried out by the government on the defence of human rights, which do not allow to maximally implement the principles in practice, to ensure that in every case of a guarded (fostered) child the protection of his/her rights will be properly taken care of according to the international legal requirements. Having examined the legal relationship between the guarded (fostered) child and the guardians (curators) the author notices that at the moment in Lithuania such a minor guardianship (curatorship) regulation mechanism is created from the point of you of the government policy carried out which insufficiently effectively regulates such relationship from the point of view of guardians (curators). As a result, a large number of guarded (fostered) children are present in the national foster institutions and the number of physical persons fostering children which are not in relation is very small. For this reason the government should further improve the mechanism of child guardianship (curatorship) regulation in order to protect the rights of children as better as possible.

CHILD GUARDIANSHIP (CURATORSHIP) AS AN ALTERNATIVE FORM OF CHILD CARE AND UPBRINGING SUMMARY In the MA thesis Child Guardianship (Curatorship) as an Alternative Form of Child Care and Upbringing, K. Bauža analyses the concept of child guardianship (curatorship) institutions from various aspects, provides an assessment why it is so important in defining the guardianship (curatorship) of a child. Concepts of a child and a minor are used in the Civil Code of the Republic of Lithuania, which regulates the basis for the allocation and termination of child guardianship (curatorship), establishment and implementation principles. Disclosing the definitions of these concepts the author also discusses the regulation volume of legal standards defined in Book 3, Chapter 18 of the Civil Code. During the last two decides many international legal requirements were transferred to the national law of Lithuania. Implementation of child guardianship (curatorship) in practice is carried out in order to transfer the experience of the European countries following the concept of principles disclosed in decisions of the European Court of Human Rights. The author analyses in the thesis the basis of parent authority limitation and the interface between government intervention and the autonomy of the family, the basis of minor guardianship (curatorship) and discloses the subsidiary duty of the government in the defence of children rights, assesses if such actions are legally authorized, if legal assumptions for the establishment and implementation of child guardianship (curatorship) are properly create. Analysing the concept of minor guardianship (curatorship) principles the author discloses many problems common in practice related both to legal regulation and policy carried out by the government on the defence of human rights, which do not allow to maximally implement the principles in practice, to ensure that in every case of a guarded (fostered) child the protection of his/her rights will be properly taken care of according to the international legal requirements. Having examined the legal relationship between the guarded (fostered) child and the guardians (curators) the author notices that at the moment in Lithuania such a minor guardianship (curatorship) regulation mechanism is created from the point of you of the government policy carried out which insufficiently effectively regulates such relationship from the point of view of guardians (curators). As a result, a large number of guarded (fostered) children are present in the national foster institutions and the number of physical persons fostering children which are not in relation is very small. For this reason the government should further improve the mechanism of child guardianship (curatorship) regulation in order to protect the rights of children as better as possible.

CHILD GUARDIANSHIP (CURATORSHIP) AS AN ALTERNATIVE FORM OF CHILD CARE AND UPBRINGING SUMMARY In the MA thesis Child Guardianship (Curatorship) as an Alternative Form of Child Care and Upbringing, K. Bauža analyses the concept of child guardianship (curatorship) institutions from various aspects, provides an assessment why it is so important in defining the guardianship (curatorship) of a child. Concepts of a child and a minor are used in the Civil Code of the Republic of Lithuania, which regulates the basis for the allocation and termination of child guardianship (curatorship), establishment and implementation principles. Disclosing the definitions of these concepts the author also discusses the regulation volume of legal standards defined in Book 3, Chapter 18 of the Civil Code. During the last two decides many international legal requirements were transferred to the national law of Lithuania. Implementation of child guardianship (curatorship) in practice is carried out in order to transfer the experience of the European countries following the concept of principles disclosed in decisions of the European Court of Human Rights. The author analyses in the thesis the basis of parent authority limitation and the interface between government intervention and the autonomy of the family, the basis of minor guardianship (curatorship) and discloses the subsidiary duty of the government in the defence of children rights, assesses if such actions are legally authorized, if legal assumptions for the establishment and implementation of child guardianship (curatorship) are properly create. Analysing the concept of minor guardianship (curatorship) principles the author discloses many problems common in practice related both to legal regulation and policy carried out by the government on the defence of human rights, which do not allow to maximally implement the principles in practice, to ensure that in every case of a guarded (fostered) child the protection of his/her rights will be properly taken care of according to the international legal requirements. Having examined the legal relationship between the guarded (fostered) child and the guardians (curators) the author notices that at the moment in Lithuania such a minor guardianship (curatorship) regulation mechanism is created from the point of you of the government policy carried out which insufficiently effectively regulates such relationship from the point of view of guardians (curators). As a result, a large number of guarded (fostered) children are present in the national foster institutions and the number of physical persons fostering children which are not in relation is very small. For this reason the government should further improve the mechanism of child guardianship (curatorship) regulation in order to protect the rights of children as better as possible.

CHILD GUARDIANSHIP (CURATORSHIP) AS AN ALTERNATIVE FORM OF CHILD CARE AND UPBRINGING SUMMARY In the MA thesis Child Guardianship (Curatorship) as an Alternative Form of Child Care and Upbringing, K. Bauža analyses the concept of child guardianship (curatorship) institutions from various aspects, provides an assessment why it is so important in defining the guardianship (curatorship) of a child. Concepts of a child and a minor are used in the Civil Code of the Republic of Lithuania, which regulates the basis for the allocation and termination of child guardianship (curatorship), establishment and implementation principles. Disclosing the definitions of these concepts the author also discusses the regulation volume of legal standards defined in Book 3, Chapter 18 of the Civil Code. During the last two decides many international legal requirements were transferred to the national law of Lithuania. Implementation of child guardianship (curatorship) in practice is carried out in order to transfer the experience of the European countries following the concept of principles disclosed in decisions of the European Court of Human Rights. The author analyses in the thesis the basis of parent authority limitation and the interface between government intervention and the autonomy of the family, the basis of minor guardianship (curatorship) and discloses the subsidiary duty of the government in the defence of children rights, assesses if such actions are legally authorized, if legal assumptions for the establishment and implementation of child guardianship (curatorship) are properly create. Analysing the concept of minor guardianship (curatorship) principles the author discloses many problems common in practice related both to legal regulation and policy carried out by the government on the defence of human rights, which do not allow to maximally implement the principles in practice, to ensure that in every case of a guarded (fostered) child the protection of his/her rights will be properly taken care of according to the international legal requirements. Having examined the legal relationship between the guarded (fostered) child and the guardians (curators) the author notices that at the moment in Lithuania such a minor guardianship (curatorship) regulation mechanism is created from the point of you of the government policy carried out which insufficiently effectively regulates such relationship from the point of view of guardians (curators). As a result, a large number of guarded (fostered) children are present in the national foster institutions and the number of physical persons fostering children which are not in relation is very small. For this reason the government should further improve the mechanism of child guardianship (curatorship) regulation in order to protect the rights of children as better as possible.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

This article analyzes specific ex lege protective measures to ensure that the shareholder's right to bring derivate action is not abused as well as evaluates a need to revise the related Lithuanian legislation.

This article analyzes specific ex lege protective measures to ensure that the shareholder's right to bring derivate action is not abused as well as evaluates a need to revise the related Lithuanian legislation.

This article analyzes specific ex lege protective measures to ensure that the shareholder's right to bring derivate action is not abused as well as evaluates a need to revise the related Lithuanian legislation.

This article analyzes specific ex lege protective measures to ensure that the shareholder's right to bring derivate action is not abused as well as evaluates a need to revise the related Lithuanian legislation.

Nowadays in Lithuania the quality of child care and de-institutionalization issues are hightly actualized. However, the latter remains just in discussion form, because there is a critical shortage of de-institutionalization promoting actions based on reasons and research. The final master research analyzes the needs of de-institutionalization of children in care in order to reveal how the adult's constructed guardianship system and decisions affects the children without parental care. The aim of thesis is to reveal the de-institutionalization interferences and opportunities. In order to get a good quality results in empirical studies the qualitative research methodology and semi-structured interview method was selected. Informants were selected through a selection criteria. Survey participants were selected from children, who live and lived in child care, and child care professionals. The total sample is 18 informants. The aim of the research - to investigate the transition to the child care system deinstucionalization problems and impact on children's social reality. Children's satisfaction with care (child care institutions, foster families, household foster care families) in the study is discussed. Child care highest valued is in foster families , household foster families, the lowest - in institutions. The results also had shown the need for high care system de-institutionalization systems. However, to reform this system is quite difficult for certain interference, such as a lack of political will, which encourages a lack of social services, poor and unequal distribution of resources between forms of care. The participants of the thesis refers to a myriad of recommendations , which could have modified the system - but it also shows, that the care system expectations and needs aren't heard of \"government \" because these expectations and the laws generally do not match. In the study analysis also revealed that children are poorly involved in the care process which affects them , not fully allowed in to needs of the child - adult guardianship system is designed not fully meet the expectations of children , particularly it can be said about child care institutions which children values very negatively. Institutional child care designed by adults has a negative impact in children social reality, leaving the unwanted consequences for further their lives. Turning to deinstucionalizuotos child care system , special attention should be given to children 's participation and foster care.