The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
Crimes against Humanity is one of the most dynamic categories in the International Criminal Law since it first appearance in the Charter of Nuremberg Military Tribunal in 1945 as an outgrowth of the war crimes. The concept of crimes against humanity in the Charter of Nuremberg Military Tribunal may be characterised by the following elements: crimes shall be carried out towards any civilian population, crimes can be carried out by the civil or military officers or actual agents of the state (policy element), crimes may be committed during the war or in peace time however such crimes requires conjunction with war crimes or crimes against peace. The concept of the crimes against humanity in later sources has developed steadily towards overall protection of fundamental human rights of civil population. First way of development concerns the elements and qualification criteria. First of all the conjunction between crimes against humanity and war crimes has been eliminated. It made crimes against humanity as an independent criminal category. Said development has been affirmed by the Rome Statute of International Criminal Court and were reflected in the Statute of International Criminal Tribunal for the Rwanda (ICTR) and UN Draft Code of Offences Against Peace and Security of Mankind. The jurisprudence of International Criminal Tribunal for the former Yugoslavia (ICTY) has significantly amended the element of policy. It was established that crimes against humanity may be carried out by the organisation or political group which controls territory and performs civil, military, politic administration de facto as well. The United Nations Draft Code of the Offences Against Peace and Security of Mankind in 1991 has introduced two alternative qualification criteria: requirement of large scale or systematic actions. Large scale (or widespread) criteria has been introduced in order to eliminate an isolated inhumane act committed by a perpetrator acting on his own initiative and directed against a single or couple of victims. According to the said criteria crimes against humanity may be committed only as an massive, frequent, large scale action carried out collectively with considerable seriousness directed against multiplicity of victims. Systematic criteria means that crimes against humanity shall be result of systematic actions as a thoroughly organised and following a regular pattern on the basis of a common policy involving substantial public or private resources. ; Nusikaltimai žmoniškumui yra viena iš dinamiškiausių tarptautinės baudžiamosios teisės kategorijų. Ši sąvoka pirmą kartą buvo pavartota 1945 m. Niurnbergo karo tribunolo įstatuose išplėstiniam karo nusikaltimui įvardyti, tačiau ilgainiui buvo papildoma ir tapo savarankiškesnė. Niurnbergo tribunolo įstatuose pateiktą sąvoką galima apibūdinti šiais požymiais: nusikaltimai žmoniškumui gali būti įvykdyti prieš bet kokius civilius gyventojus tiek taikos, tiek karo metu, juos įvykdyti gali civilinės arba karinės valdžios pareigūnai, arba faktiniai agentai (politikos elementas), jų kvalifikacijai būtina sąsaja su karo nusikaltimais arba nusikaltimais taikai. Nusikaltimų žmoniškumui sąvoka plėtojosi dviem kryptimis. Pirmoji plėtros kryptis apėmė nusikaltimų žmoniškumui požymių ir kvalifikavimo kriterijų pokyčius. Pirmiausia buvo atsisakyta reikalavimo, kad nusikaltimų žmoniškumui kvalifikavimas turi būti siejamas su karo nusikaltimais arba nusikaltimais taikai. Šis pokytis lėmė nusikaltimų žmoniškumui kaip savarankiško nusikaltimo atsiradimą. Šią traktuotę patvirtino ir vėliausias tarptautinės baudžiamosios teisės šaltinis – Tarptautinio baudžiamojo teismo Romos statutas, ji taip pat atsispindėjo Jungtinių tautų nusikaltimų taikai ir žmonijos saugumui kodekso projekte, Tarptautinio tribunolo asmenims, atsakingiems už genocidą ir kitus sunkius tarptautinės humanitarinės teisės pažeidimus Ruandos teritorijoje teisti (Ruandos tribunolo) statute.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
The information revolution is changing the international system and the security environment in which we live. The state is loosing its monopoly of power in a global information space where, with the help of new technologies, people create their wellbeing and where, by means of the same modern technologies, military conflicts of a new type are occurring. The Western civilisation conception of a military conflict, based on the Clause-witz model where leaders set political goals and control soldiers; soldiers fight directly and become lawful targets of violence; and civilians do not participate in the conflict, but support their leaders by paying taxes and backing their political goals, is falling apart. A conflict of the information age is, in a sense, a "pre-Westphalian" conflict where crimes against civilians and the internal order of the state were the norm. The question arises of how the state may ensure the security of its citizens. The great powers try to find an answer in the strategies and programs of information operations. A great amount of attention is given to the public information of the state during a conflict, as well as to information security. In the latter sphere, Lithuania has already made its first steps; however, Lithuania needs to learn the principles of public information not only during conflict, but also during peacetime.
