Suchergebnisse

Summary When Lithuania joined the European Union on 1 May 2004, the law of European Communities became an integral part of law of the Republic of Lithuania. While the system of criminal law sources is expanding, whereby one legal norm complements or replaces another or there is a competition between them, objective and subjective reasons which cause the occurrence of potential judicial errors tend to arise. In this respect, the official doctrines of the Constitutional Court of the Republic of Lithuania and the formation of uniform judicial practice of the Supreme Court of the Republic of Lithuania become increasingly important. The aim of the present thesis is to review in principle the established system of criminal law sources in a systematic manner by expanding it with new forms of kinds of legal sources, presenting the concept of the EU acquis and certain peculiarities of co-operation between courts and the police in the European Union, inter alia the paper reveals: 1) the semantic importance of the use of legal terminology and criteria for distinguishing sources of legal norms and sources of legal thought; 2) specifics of criminal law sources of the Republic of Lithuania and ideas reflected in them during various stages of the evolution of the state and legal sources and priorities of changed protected legal values in the new Criminal Code of the Rpulic of Lithuania; 3) subornation and correlation of standard sources of criminal law; 4) the content of different forms of criminal law sources and relationship with others sources, examples of judicial practice, potential problems and their solutions, the significance of alternative legal sources and their relation to criminal law through the logical structure of criminal law norm as well as examples when sources of other branches of law become ad hoc and criminal law sources; 5) concrete examples aimed at proving the application of generally accepted principles in criminal law and their constitutionalised recognition as Lithuanian criminal law sources; 6) the issue of independence of courts, the significance of recognition of court judgements and official doctrine as criminal law sources in the context of enforcing justice by emphasising the growing importance of the Constitutional Court in the negative and positive legislation process; 7) attention is paid to active participation of criminal law scholars by amending, supplementing or repealing norms of criminal law sources in the processes of criminalisation and decriminalisation, penalisation and depenalisation in order to avoid chaotic criminal law source replacement procedures initiated by the legislator. The conclusions formulated at the end of this thesis reflect the key aspects of results achieved during this study

Summary When Lithuania joined the European Union on 1 May 2004, the law of European Communities became an integral part of law of the Republic of Lithuania. While the system of criminal law sources is expanding, whereby one legal norm complements or replaces another or there is a competition between them, objective and subjective reasons which cause the occurrence of potential judicial errors tend to arise. In this respect, the official doctrines of the Constitutional Court of the Republic of Lithuania and the formation of uniform judicial practice of the Supreme Court of the Republic of Lithuania become increasingly important. The aim of the present thesis is to review in principle the established system of criminal law sources in a systematic manner by expanding it with new forms of kinds of legal sources, presenting the concept of the EU acquis and certain peculiarities of co-operation between courts and the police in the European Union, inter alia the paper reveals: 1) the semantic importance of the use of legal terminology and criteria for distinguishing sources of legal norms and sources of legal thought; 2) specifics of criminal law sources of the Republic of Lithuania and ideas reflected in them during various stages of the evolution of the state and legal sources and priorities of changed protected legal values in the new Criminal Code of the Rpulic of Lithuania; 3) subornation and correlation of standard sources of criminal law; 4) the content of different forms of criminal law sources and relationship with others sources, examples of judicial practice, potential problems and their solutions, the significance of alternative legal sources and their relation to criminal law through the logical structure of criminal law norm as well as examples when sources of other branches of law become ad hoc and criminal law sources; 5) concrete examples aimed at proving the application of generally accepted principles in criminal law and their constitutionalised recognition as Lithuanian criminal law sources; 6) the issue of independence of courts, the significance of recognition of court judgements and official doctrine as criminal law sources in the context of enforcing justice by emphasising the growing importance of the Constitutional Court in the negative and positive legislation process; 7) attention is paid to active participation of criminal law scholars by amending, supplementing or repealing norms of criminal law sources in the processes of criminalisation and decriminalisation, penalisation and depenalisation in order to avoid chaotic criminal law source replacement procedures initiated by the legislator. The conclusions formulated at the end of this thesis reflect the key aspects of results achieved during this study

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

The paper analyses the principal of legal expectations – a new and actually not much examined principal in Lithuanian law, which was started to be interpretated and practically applied after 2000. The Constitutional Court of Lithuania started the mentioned iniciative. Firstly, the paper analyses the development and practical need of the principal as well as the variety of all the other constitutional principals. Secondly, the paper analyses The Constitutional Court, Supreme Court and The Supreme Administrative Court of Lithuania decisions where were mentioned legal expectations. Moreover, it tries to comprise the interpretation of this principal in Lithuanian legal system with the one existing in European law. The paper briefly describes several most important legal cases, where the principal of legal expectations was applied. Finally, according to the analysis of Lithuanian legal practise, some ideas and suggestions for the legislator are formulated.

The paper analyses the principal of legal expectations – a new and actually not much examined principal in Lithuanian law, which was started to be interpretated and practically applied after 2000. The Constitutional Court of Lithuania started the mentioned iniciative. Firstly, the paper analyses the development and practical need of the principal as well as the variety of all the other constitutional principals. Secondly, the paper analyses The Constitutional Court, Supreme Court and The Supreme Administrative Court of Lithuania decisions where were mentioned legal expectations. Moreover, it tries to comprise the interpretation of this principal in Lithuanian legal system with the one existing in European law. The paper briefly describes several most important legal cases, where the principal of legal expectations was applied. Finally, according to the analysis of Lithuanian legal practise, some ideas and suggestions for the legislator are formulated.

The paper analyses the principal of legal expectations – a new and actually not much examined principal in Lithuanian law, which was started to be interpretated and practically applied after 2000. The Constitutional Court of Lithuania started the mentioned iniciative. Firstly, the paper analyses the development and practical need of the principal as well as the variety of all the other constitutional principals. Secondly, the paper analyses The Constitutional Court, Supreme Court and The Supreme Administrative Court of Lithuania decisions where were mentioned legal expectations. Moreover, it tries to comprise the interpretation of this principal in Lithuanian legal system with the one existing in European law. The paper briefly describes several most important legal cases, where the principal of legal expectations was applied. Finally, according to the analysis of Lithuanian legal practise, some ideas and suggestions for the legislator are formulated.

The paper analyses the principal of legal expectations – a new and actually not much examined principal in Lithuanian law, which was started to be interpretated and practically applied after 2000. The Constitutional Court of Lithuania started the mentioned iniciative. Firstly, the paper analyses the development and practical need of the principal as well as the variety of all the other constitutional principals. Secondly, the paper analyses The Constitutional Court, Supreme Court and The Supreme Administrative Court of Lithuania decisions where were mentioned legal expectations. Moreover, it tries to comprise the interpretation of this principal in Lithuanian legal system with the one existing in European law. The paper briefly describes several most important legal cases, where the principal of legal expectations was applied. Finally, according to the analysis of Lithuanian legal practise, some ideas and suggestions for the legislator are formulated.

Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.

Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.

Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.

Intellectual property law in Lithuania is undergoing essential reform since restoration of Lithuanian independence. Most of the attention is dedicated to the development of statutory law. Examples from Lithuanian legal practice indicate that philosophical aspect of intellectual property remains forgotten. Even when statutory law governing intellectual property in Lithuania is harmonized with the international practice, automatic transfer of rules may not be justified. It is essential to understand the reasons and philosophical grounds of protection of intellectual property. Only in this way it is possible to solve practical problems, evaluate the relationship between the holders of exclusive rights and public interests, and to solve conflicts in the best possible way. The paper analyses main arguments and manifestation of natural and utilitarian concepts of law in intellectual property legal practice, paying special attention to property issue. The arguments of the natural and utilitarian concepts of law vary greatly, they stress different phenomenon and different priorities. Nevertheless, after summarising their ideas, one can state that establishment of property rights and their protection system is needed mainly because of scarce resources. Some justify acquisition of property because of its natural character, because of work put into it; the others justify property because of its social value, since private property allows exhaustion and distribution of scarce resources in the most efficient way. Despite different positions regarding purpose and aim of property rights, it is accepted that essential feature of property objects is their scarcity. The term "intellectual property" encourages drawing parallels and analogies with property rights to material objects. At a theoretical level, however, interpretation of intellectual property objects and rights analogously as traditional material property raises many discussions. The main arguments of the opponents of intellectual property are related to the relationship between intellectual and material property. Practical examples indicate that traditional concepts of property are not sufficient to provide consistent reasoning of intellectual property, because of specific nature of intellectual property, intangible objects, possibilities of information dissemination and other factors. It is rather easy to identify how concepts of law manifest in legal regulation, court practise, state politics, etc. Their ability to influence legal practise, however, is limited. There is no clear balance between natural and utilitarian concepts of law regarding intellectual property protection in Lithuanian practice. Questions of nature of intellectual property, principles of its existence and protection are not analysed in Lithuanian practice. Moreover, the politics of the Lithuanian legislator in this field is unclear and chaotic.

Publicity – the underlying process principle of the democracy, which is applied in the all law system. The meaning of this principle reveals not only its fixation on the highest national and international level, but also its connection with the most important principles of constitutional and criminal procedure law. This principle is multiple, the struggles to enclose and judge it on the base of only the criminal procedure code is too tight and beside the purpose, because its sets only two articles directly on this term. It can be excluded two big parts of the aspects of the principle of publicity: publicity, which is separated of the process and the process publicity. On the one hand, the essence of the first group reveals such aspects of the principle of publicity as the publicity of the court session and the material of the criminal case, the public pronouncement of the court's judgments and the right of the society to attend court's sessions, on the second hand, the nature of this significant principle is the scientific analysis of all the law's norms which is important from the prejudicial process to the implement of the judgment. The principle of publicity is not absolute, this states international and national law, it can be explained that every society has much more important values then only the right of the society to know, to keep a close watch and to attend the court's sessions. The norms of law is implementing this by setting compulsory and facultative exceptions of the principle of publicity, the first group of exceptions are binding the court in order to protect the most important judicial values in the state, the second group of exceptions are not binding the court, it practices such exceptions on its own discretion. The most important is not to overestimate the exceptions of the publicity, these restrictions must be constitutionally legitimated and needful in the society otherwise the principle of publicity can become the principle of closure.