It seems that during the Interwar period the legal act on the working procedure of the interwar Lithuanian executive authorities was not adopted. If it was, it was not published in the Government Gazette, although the statutes of other institutions, such as the Institute of Lithuanian Studies, the National Economic Council, and the Secondary Music Schools, were published. During this period, several attempts were made to adopt such a legal act, called either the Statute of the Cabinet of Ministers or the Statute of the Administrative Order. The drafts of this legislation were produced in 1919, 1925–1927, and 1939. The most comprehensive was the draft of the Statute of the Administrative Order, initiated by the Council of State in 1939. The intention was that this document should regulate not only the composition, competences, and working arrangements of the Council of Ministers, but also the legal status of the Prime Minister, their relationship with the Head of the State, and the text of the oath of the Prime Minister and other ministers. It would also regulate social guarantees, including restrictions on ministerial activities and official responsibility, and the administrative structure of ministries. It was the first time that the procedure of receiving and examining complaints and requests in the ministries was regulated by the norms of the Statute. The failure to adopt such a document within two decades can be explained by the fact that at first the young state faced major challenges which had to be dealt with immediately, including the Territory of Vilnius, the Memel Territory, foreign policy, and state credits. Later it faced challenges such as the establishment of the authoritarian regime and the unclear division between state powers, and the fact that other acts related to the executive power – the Law on the Civil Service, the Law on the Administrative Court – were not adopted in the interwar period at all. This study was mainly based on documents kept in the Central State Archives of Lithuania.
It seems that during the Interwar period the legal act on the working procedure of the interwar Lithuanian executive authorities was not adopted. If it was, it was not published in the Government Gazette, although the statutes of other institutions, such as the Institute of Lithuanian Studies, the National Economic Council, and the Secondary Music Schools, were published. During this period, several attempts were made to adopt such a legal act, called either the Statute of the Cabinet of Ministers or the Statute of the Administrative Order. The drafts of this legislation were produced in 1919, 1925–1927, and 1939. The most comprehensive was the draft of the Statute of the Administrative Order, initiated by the Council of State in 1939. The intention was that this document should regulate not only the composition, competences, and working arrangements of the Council of Ministers, but also the legal status of the Prime Minister, their relationship with the Head of the State, and the text of the oath of the Prime Minister and other ministers. It would also regulate social guarantees, including restrictions on ministerial activities and official responsibility, and the administrative structure of ministries. It was the first time that the procedure of receiving and examining complaints and requests in the ministries was regulated by the norms of the Statute. The failure to adopt such a document within two decades can be explained by the fact that at first the young state faced major challenges which had to be dealt with immediately, including the Territory of Vilnius, the Memel Territory, foreign policy, and state credits. Later it faced challenges such as the establishment of the authoritarian regime and the unclear division between state powers, and the fact that other acts related to the executive power – the Law on the Civil Service, the Law on the Administrative Court – were not adopted in the interwar period at all. This study was mainly based on documents kept in the Central State Archives of Lithuania.
The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.
The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.
The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.
The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.
The article deals with the development of legal grounds of the European Union common defence policy in a draft Constitution for Europe. In order to identify trends in the legal regulation of the EU common defence policy, the author compares respective provisions of the draft European Constitution and the Treaty on European Union. The key Art. I-40 of the draft Constitution establishing specific provisions for implementing the common security and defence policy provides for significant changes, in comparison with the respective Art. 17 of the Treaty on European Union. Apart from that, the specific provisions of Art. I-40 of the European Constitution are developed by the more detailed provisions on the common security and defence policy which are contained in Section 2, Chapter II, Title V of Part III of the Constitution (from Art. III-210 to Art. III-214 thereof). Most of these provisions are new. However, they are based on the same principles, as stated in Art. 17(1) of the Treaty on European Union and Art. I-11(4), I-15(1) and I-40(1, 2) of the draft Constitution. Namely, under the Constitution, the common defence policy will remain an integral part of the common foreign and security policy and will continue to provide operational capabilities for the Union's external actions in a specific situation when diplomatic and economic actions will be insufficient in order to achieve the common foreign and security policy goals. As previously, the main aim of the common defence policy will be to increase civilian and military capabilities assigned for the implementation of the so-called Petersberg tasks (humanitarian and rescue, peacekeeping, crisis management and peacemaking operations). The draft Constitution also preserves sufficient legal guarantees to ensure compatibility with the activities of the NATO and corresponding legal obligations of a number of Member States. On the other hand, some new provisions of the Constitution can be assessed as the reflection of efforts of some EU countries to make the common defence policy more autonomous with respect to the NATO and the USA. Some of them may even raise a danger of duplication of the NATO's activities. With regard to implementation of the Petersberg tasks, the provisions of the Constitution remains generally unchanged in comparison with those of the Treaty on European Union, except a few provisions updating the Petersberg tasks and strengthening the institutional framework of the common defence policy. The new missions, such as joint disarmament operations, military advice and assistance tasks, conflict prevention and post-conflict stabilisation, were added to the range of Petersberg missions, in order to respond properly to the emerging new threats to the European security. In line with that, the solidarity clause is added by Art. I-42 which obliges the Member States to mobilise all instruments at their disposal in order to prevent terrorist threats and assist each other in case of disasters. The next novelty is that, in addition to the existent institutions of the common defence policy, the draft Constitution provides for the establishment of the European Armaments, Research and Military Capabilities Agency that will be subordinate to the Council of Ministers. Apart from the cooperation in the field of armaments, the Agency will also be responsible for supervision of the implementation by the Member States of their military capability commitments. On the one hand, that could significantly improve the fulfilment of the Union's defence policy objectives. On the other hand, there is a danger that the Agency can serve as one of the means for domination of certain Member States and, as a consequence, it can become a catalyst of different-speed and divided Europe in the field of defence policy. The subsequent novelty provided for in the draft Constitution is the possibility of the structured defence and military cooperation between certain Member States, which might be treated as a specific kind of enhanced cooperation. Despite of possible advantages of increase of the Union's military capability, this kind of cooperation could also result in a deeper division of Member States rather than a desired unity on the defence policy matters. ; Straipsnyje analizuojamos Sutarties dėl Konstitucijos Europai nuostatos, skirtos Europos Sąjungos bendrajai gynybos politikai. Šios nuostatos lyginamos su bendrąją gynybos politiką reglamentuojančiomis galiojančios Europos Sąjungos steigimo sutarties nuostatomis, įtvirtintomis Nicos sutartimi. Išryškinamos pagrindinės Europos Sąjungos bendrosios gynybos politikos teisinio reglamentavimo tendencijos Europos Konstitucijos projekte. Savo išvadoms pagrįsti, be lyginamojo, autorius taip pat taiko sisteminį, istorinį, teleologinį, loginį ir kitus tyrimo metodus. Pagrindinė autoriaus daroma išvada yra ta, kad Europos Konstitucijos projektas numato toliau stiprinti Europos Sąjungos bendrąją gynybos politiką jos autonomiškumo santykiuose su NATO didinimo linkme, nors ir iš esmės nekeičia šios politikos principų. Tokią išvadą lemia naujos, lyginant su galiojančia Europos Sąjungos steigimo sutartimi, Europos Konstitucijos projekto nuostatos, atspindinčios Europos Sąjungos bendrosios gynybos politikos institucijų stiprinimo bei struktūrinio karinio bendradarbiavimo plėtros tendencijas ir nustatančios galimybę valstybėms narėms prisiimti bendros gynybos įsipareigojimus. Pagal Europos Konstitucijos projektą taip pat sudaromos sąlygos Europos Sąjungai perimti visas Vakarų Europos Sąjungos funkcijas ir formaliai likviduoti šią organizaciją. Vis dėlto Europos Konstitucijos projekte išlieka pakankamos teisinės garantijos, kad Europos Sąjungos bendroji gynybos politika nepakeis NATO veiklos ir nepažeis valstybių, NATO narių, įsipareigojimų pagal Šiaurės Atlanto sutartį. Be to, dauguma naujų Europos Sąjungos bendrosios gynybos politikos nuostatų buvo suformuluotos siekiant veiksmingai reaguoti į naujus iššūkius tarptautinei taikai ir saugumui. Straipsnyje trumpai apžvelgiami ir Lietuvos dalyvavimo Europos Sąjungos bendrojoje gynybos politikoje pagrindai pagal nacionalinę teisę. Daroma išvada, kad Lietuvos nacionalinės teisės normos numato pakankamas sąlygas šaliai dalyvauti visose Europos Sąjungos ben-drosios gynybos politikos formose. Kita vertus, Lietuvai politiniu požiūriu gali būti netikslinga palaikyti visas galimas šios politikos raidos tendencijas.
Documentary evidence shows that Lithuanian State Council, when considering the grounds for organizing the state management and the first temporary constitutional act of the independent Lithuania of 1918 was influenced by its own unimplemented decision of 11 July 1918 envisaging constitutional monarchy and the personality of a king. The results of this consideration reflected an attempt of the Council to balance between its own recent decisions regarding monarchy and the increasing republican mood. Without taking into consideration the constitutional experience of other states, it made a compromissory and an experimental decision not to institute a new, even though temporary, monarchy, but to vest the executive power to the current Council Presidium without mixing it with another institution under the same name, i.e. the Council which was vested with legislative power. Analysing the text of the Temporary Constitution and comparing it with the text of the Statute of the State Council, this article discusses the ambiguous nature of the original constitutional construction of the Council Presidium. This construction remained operative for less than two months. Subject to the start of the Russian Bolshevik invasion and increasing aggressiveness of the Polish intentions, rapid change in political environment required more flexibility from the state authorities. The same danger to the state, hoping for increased support from the society, has resulted in the formation of the Cabinet of Ministers that was formed on the basis of wide coalition and governed by the representative of political left. Due to discrepancies between the political constitution of the newly formed Cabinet and the conservative Council and its Presidium, problems arose with respect to mutual cooperation and trust. Concern for adapting the state institutions to the present conditions resulted in a gradual refusal to approve the decisions of the Council Presidium. The legislative power was divided between the Council and the Cabinet of Ministers. Finally, the new edition of the Temporary Constitution of 4 April 1919 replaced the State Council Presidium with an institution of President as the single executive power. ; Dokumentine medžiaga atskleidžiama, jog Lietuvos valstybės taryba, 1918 m. rudenį rengdama pirmąją Laikinąją Konstituciją, mėgino balansuoti tarp stiprėjančių respublikinių nuotaikų ir dar nesenų savo monarchinių nutarimų. Tai atspindėjo sumanymas nesteigti specialios, nukreiptos į menamą monarcho vietą, aukščiausiosios vyriausybinės institucijos, o jos galias pavesti Tarybos Prezidiumui, jo netapatinant su jau esama to paties pavadinimo Tarybai vadovaujančia institucija. Besikeičiančios politinės aplinkybės netrukus išryškino aptariamos konstitucinės konstrukcijos trūkumus ir paskatino per trumpą laiką jos atsisakyti.
The major problems of municipalities (especially small ones) are roads and bridges, the waste manage¬ment infrastructure, the clean water infrastructure, sewage treatment facilities, the natural gas delivery infrastructure, electricity, public transit, etc. As a rule, municipal budgets don't provide sufficient funds for solving these problems. Thus, the major sources of funding those specific needs are loans. According to the Budgetary Code of Ukraine (Article 16, Part 2) the following entities have the right to borrow: city councils (radas) and theVerkhovna Rada (Parliament) of the Autonomous Republic of Crimea (ARC). The Verkhovna Rada of the ARC and city councils have the right to receive internal loans (except in cases mentioned in Article 73 of the Budgetary Code of Ukraine); city councils of cities that have more than 800 thousand inhabitants (according to official records of government statistics at the time a decision about the loan is made) have the right to take outside loans. The Council of Ministers (Rada Ministriv) of the ARC, local state administrations, executive bodies of particular city councils may, subject to a decision by the Verkhovna Rada of the ARC or the proper city council, take out a loan from financial institutions to fund temporary budgetary gaps for a term not longer than three months within the time frame of the same budgetary period. The Ministry of Finances defines the manner of those loans. Budgets cannot make loans to each other (Article 73 of the Budgetary Code).
The major problems of municipalities (especially small ones) are roads and bridges, the waste manage¬ment infrastructure, the clean water infrastructure, sewage treatment facilities, the natural gas delivery infrastructure, electricity, public transit, etc. As a rule, municipal budgets don't provide sufficient funds for solving these problems. Thus, the major sources of funding those specific needs are loans. According to the Budgetary Code of Ukraine (Article 16, Part 2) the following entities have the right to borrow: city councils (radas) and theVerkhovna Rada (Parliament) of the Autonomous Republic of Crimea (ARC). The Verkhovna Rada of the ARC and city councils have the right to receive internal loans (except in cases mentioned in Article 73 of the Budgetary Code of Ukraine); city councils of cities that have more than 800 thousand inhabitants (according to official records of government statistics at the time a decision about the loan is made) have the right to take outside loans. The Council of Ministers (Rada Ministriv) of the ARC, local state administrations, executive bodies of particular city councils may, subject to a decision by the Verkhovna Rada of the ARC or the proper city council, take out a loan from financial institutions to fund temporary budgetary gaps for a term not longer than three months within the time frame of the same budgetary period. The Ministry of Finances defines the manner of those loans. Budgets cannot make loans to each other (Article 73 of the Budgetary Code).
It must be emphasized that short-term visits home, provided in the Republic of Lithuania Penal Code article 104, are a positive and necessary thing, with the view of proper convict re-socialization, however, the implementation of this right in practice is stuck. United Nations Organization and Council of Europe Committee of Ministers in their recommendations emphasize re-socialisation of the convicts with imprisonment as one of the most important aims of imprisonment. Successful re-socialization and proper integration of the convicts into society reduce the repetition of criminal offences. In the last part of the article the author analyzes the conditional release from correctional institutions. It should be noted that control of the prohibition to visit certain places for the people conditionally released from correctional institutions, causes problems in practice. Another aspect, due to which Lithuania is distinguished from other European Union countries, is the fact that for those, sentenced to life imprisonment, conditional release is not applied in Lithuania. It is possible to claim that this is not human, the punishment becomes absolute, there is no motivation system for the sentenced to life imprisonment; convicts re-socialization and integration into society does not exist.
It must be emphasized that short-term visits home, provided in the Republic of Lithuania Penal Code article 104, are a positive and necessary thing, with the view of proper convict re-socialization, however, the implementation of this right in practice is stuck. United Nations Organization and Council of Europe Committee of Ministers in their recommendations emphasize re-socialisation of the convicts with imprisonment as one of the most important aims of imprisonment. Successful re-socialization and proper integration of the convicts into society reduce the repetition of criminal offences. In the last part of the article the author analyzes the conditional release from correctional institutions. It should be noted that control of the prohibition to visit certain places for the people conditionally released from correctional institutions, causes problems in practice. Another aspect, due to which Lithuania is distinguished from other European Union countries, is the fact that for those, sentenced to life imprisonment, conditional release is not applied in Lithuania. It is possible to claim that this is not human, the punishment becomes absolute, there is no motivation system for the sentenced to life imprisonment; convicts re-socialization and integration into society does not exist.
This article reveals the implications that made the Lithuanian Council to step aside allowing the Temporary Government to continue the further process of restitution of Lithuania, immediately after becoming the central constitutional state institution. Prior to that, Lithuanian (State) Council had managed to declare the independence of Lithuania on the 16th of February 1918 under extremely difficult political circumstances and established the statehood on the 2nd of November of the same year. Under the will of the Vilnius conference of Lithuania that took place in autumn of 1917, all Lithuanian political streams of these days have been represented in the Lithuanian Council. However, the Council itself has not managed to save the representative ability by agreeing with the resignation of its left element and by continuing the expansion and distance from the community of Lithuania. The Council has become an institution representing the right wing of the Lithuanian community which could not ensure any greater support. This has become especially relevant when, during the transition of 1918-1919, a real threat has emerged to the survival of the state. The constitution of cabinet of Ministers, which has been formed on the basis of wide coalition hoping for the support of wider layers of the Lithuanian residents, did no longer match the political constitution of the Council, which distorted the relationship of the Council with the executive power that had been construed on the basis of parliamentarism in the Temporary Constitution. These circumstances encouraged the corrections of the provisions of the Temporary Constitution in early 1919 – the executive power has received an alternative legislative power, the collegial ruler of the state in the form of Council Presidium has been replaced by a single-person President who received the exceptional right to form and release the sessions of the Council. By accepting the new constitutional provisions, the Council has itself transferred the initiative and dominant positions to the executive power and sanctioned itself as the object of discretion of the executive power. Even when the direct threat for statehood has started to diminish, the process of the transition of the political impact centre to the executive power appeared to be irreversible. ; Straipsnyje atskleidžiami veiksniai, lėmę, jog Lietuvos (Valstybės) Taryba, esant nepaprastai sudėtingoms politinėms aplinkybėms 1918 m. vasario 16 d. sugebėjusi paskelbti Lietuvos nepriklausomybę ir tų pat metų lapkričio 2 d. tą valstybingumą įtvirtinusi Laikinojoje konstitucijoje, vos tapusi centrine konstitucine valstybės institucija nelauktai greitai tolesnį valstybės atkūrimo darbą perleido Laikinajai vyriausybei. Svarbiausiais veiksniais, turėjusiais įtakos šiam pasitraukimui, laikomi Tarybos reprezentatyvumo praradimas ir jos konstitucinės padėties pakeitimai, politinę iniciatyvą ir pirmaujančias pozicijas valstybės valdžios sąrangoje perleidę vykdomajai valdžiai.
The analysis of the origins of the Lithuanian SSR KGB activity and relations with political government helps to understand this institution and does not only bring better understanding of this structure but also contributes to the knowledge of the Soviet totalitarian regime and policy in Lithuania. It is also important to show that KGB was not a secret service of the type analogous to secret services in the West, which pursued intelligence and counter-intelligence functions. Functions of soviet secret service were different from others secret services and this was also determined by specific of soviet system and aims of communist party. The main aim of the dissertation to prove that the Lithuanian SSR KGB was an institution primarily engaged in ideological and political rather than solely repressive tasks. It is also analyses impact of communist ideology and communist party on the KGB activities, by displaying its relations with the Communist party, Council of Ministers of the Lithuanian SSR, the Supreme Council of the Lithuanian SSR and the Soviet army which would lead to the conclusion on the influence of the Lithuanian SSR KGB to domestic political processes. The dissertation also attempts to enumerate and describe the fields of activity and methods of the Soviet security service that would reflect the ideological and political aspects of its activities. Dissertation is consisting of three parts. In a first part the main tendencies and changes in KGB activities after 1954 is reflected. In the second part political aspects of KGB activities are presented, that are revealed through analysis of relationship of KGB with Lithuanian communist party, Soviet Supreme, Ministry Council. In the third part is analysed how communist ideology, inner and international events influenced KGB activity and it's changes. Also society groups that were mostly persecuted by KGB are named and analysed reasons of such exceptions. KGB methods such as repressions, prophylaxis, discredit, propaganda, and disinformation were used against anti-Soviet resistance are presented and the role of KGB in ideological censorship and control is evaluated.
The analysis of the origins of the Lithuanian SSR KGB activity and relations with political government helps to understand this institution and does not only bring better understanding of this structure but also contributes to the knowledge of the Soviet totalitarian regime and policy in Lithuania. It is also important to show that KGB was not a secret service of the type analogous to secret services in the West, which pursued intelligence and counter-intelligence functions. Functions of soviet secret service were different from others secret services and this was also determined by specific of soviet system and aims of communist party. The main aim of the dissertation to prove that the Lithuanian SSR KGB was an institution primarily engaged in ideological and political rather than solely repressive tasks. It is also analyses impact of communist ideology and communist party on the KGB activities, by displaying its relations with the Communist party, Council of Ministers of the Lithuanian SSR, the Supreme Council of the Lithuanian SSR and the Soviet army which would lead to the conclusion on the influence of the Lithuanian SSR KGB to domestic political processes. The dissertation also attempts to enumerate and describe the fields of activity and methods of the Soviet security service that would reflect the ideological and political aspects of its activities. Dissertation is consisting of three parts. In a first part the main tendencies and changes in KGB activities after 1954 is reflected. In the second part political aspects of KGB activities are presented, that are revealed through analysis of relationship of KGB with Lithuanian communist party, Soviet Supreme, Ministry Council. In the third part is analysed how communist ideology, inner and international events influenced KGB activity and it's changes. Also society groups that were mostly persecuted by KGB are named and analysed reasons of such exceptions. KGB methods such as repressions, prophylaxis, discredit, propaganda, and disinformation were used against anti-Soviet resistance are presented and the role of KGB in ideological censorship and control is evaluated.
