Suchergebnisse

Free movement of capital with other fundamental freedoms constitute base of internal market in which is secured free movement of goods, of persons, of capital ant freedom to provide services. Free movement of capital is the condition for effective eojoyment of other freedom which is secured by Treaty specifically right of establishment, right to provide services. Work is designed for analysis of legal grouns of free movement of capital under European Union Law. In work is discussed the liberalisation of free movement of capital, is talk about the field of appilcation of free movement of capital and different regulation of means under the 56 article of Treaty. In work is discussed the relation of free movement of capital with other fundamental freedoms. In work is discussed different national measures which can constitute the restrictions of free movement of capital - the system of authorization, the enjoyment of special rights in company, the measures which can constitute additional costs. In work is talk about the restrictions of free movement of capital accordingly by necessity to take measures which are justified on grounds of public policy or public security or to take all requisite measures to prevent infringements of national law and regulations.

Free movement of capital with other fundamental freedoms constitute base of internal market in which is secured free movement of goods, of persons, of capital ant freedom to provide services. Free movement of capital is the condition for effective eojoyment of other freedom which is secured by Treaty specifically right of establishment, right to provide services. Work is designed for analysis of legal grouns of free movement of capital under European Union Law. In work is discussed the liberalisation of free movement of capital, is talk about the field of appilcation of free movement of capital and different regulation of means under the 56 article of Treaty. In work is discussed the relation of free movement of capital with other fundamental freedoms. In work is discussed different national measures which can constitute the restrictions of free movement of capital - the system of authorization, the enjoyment of special rights in company, the measures which can constitute additional costs. In work is talk about the restrictions of free movement of capital accordingly by necessity to take measures which are justified on grounds of public policy or public security or to take all requisite measures to prevent infringements of national law and regulations.

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 author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.

The author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.

The present article analyzes the value patterns of the current legal system in Lithuania. The legal system here is described as a broader definition than that of the system of law. The legal system is understood as a social formation of the legal environment which represents the unity of the legal consciousness, system of law and legal practice of any social group. Law is one of the most important ways in which modern civic societies function. On the one hand, society's legal system is an instrument of social politics through which decisions are exercised and their consequences are evaluated. On the other hand, social processes have a direct impact on the changes within the legal system itself. The current legal system in Lithuania does not live up to the ideals of the emerging civic society. This has been conditioned by the behavioral models which have started appearing during the transition from totalitarianism to democracy and which have not conformed to the society's expectations of social justice. An aggressive implementation of these models has brought Lithuanian society to a moral crisis. The analysis of this process has shown that to protect their interests, government elites have been consistently making use of legal nihilism and the breaches in the system of law. The power of the non-transparent agreements between political and business groups has become a significant phenomenon in shaping a negative legal environment. factors of the social disorganization in Lithuania.

The present article analyzes the value patterns of the current legal system in Lithuania. The legal system here is described as a broader definition than that of the system of law. The legal system is understood as a social formation of the legal environment which represents the unity of the legal consciousness, system of law and legal practice of any social group. Law is one of the most important ways in which modern civic societies function. On the one hand, society's legal system is an instrument of social politics through which decisions are exercised and their consequences are evaluated. On the other hand, social processes have a direct impact on the changes within the legal system itself. The current legal system in Lithuania does not live up to the ideals of the emerging civic society. This has been conditioned by the behavioral models which have started appearing during the transition from totalitarianism to democracy and which have not conformed to the society's expectations of social justice. An aggressive implementation of these models has brought Lithuanian society to a moral crisis. The analysis of this process has shown that to protect their interests, government elites have been consistently making use of legal nihilism and the breaches in the system of law. The power of the non-transparent agreements between political and business groups has become a significant phenomenon in shaping a negative legal environment. factors of the social disorganization in Lithuania.

SUMMARY Every State, including Lithuania, is concerned with the legal regulation of work of foreigners, first of all, in order to protect its inner labour market, on the other hand, to guarantee an opportunity to work on its territory and proper conditions of work, while recognizing the right to work and carrying out of the obligations accepted on the basis of the international documents. Lately many changes of legal regulation have taken place and various legal acts are being planed to accept, which provide for the differentiated legal regulation of employment and work conditions of foreigners, coming from European Union and third countries. This work, first of all, presents the analysis of legal regulation of work, based on the employment contracts. The purpose was to determine the peculiarities of employment of foreigners, the execution of the employment contracts and their termination. Besides that, this work also presents the analysis of legal regulation of work of temporary posted workers, aimed at determining the specific regulation of such king of work and exposing some of the positive sides and the shortcomings of national regulation. While carrying out the research, basically, the examination of system of legal acts, the analysis of interpretations of the law, given by the competent institutions, was carried out. Analyzing the legal regulation, special literature was used to give the scholars' opinions, disputable questions and problems of existing regulation were revealed, proposing their possible solutions.

SUMMARY Every State, including Lithuania, is concerned with the legal regulation of work of foreigners, first of all, in order to protect its inner labour market, on the other hand, to guarantee an opportunity to work on its territory and proper conditions of work, while recognizing the right to work and carrying out of the obligations accepted on the basis of the international documents. Lately many changes of legal regulation have taken place and various legal acts are being planed to accept, which provide for the differentiated legal regulation of employment and work conditions of foreigners, coming from European Union and third countries. This work, first of all, presents the analysis of legal regulation of work, based on the employment contracts. The purpose was to determine the peculiarities of employment of foreigners, the execution of the employment contracts and their termination. Besides that, this work also presents the analysis of legal regulation of work of temporary posted workers, aimed at determining the specific regulation of such king of work and exposing some of the positive sides and the shortcomings of national regulation. While carrying out the research, basically, the examination of system of legal acts, the analysis of interpretations of the law, given by the competent institutions, was carried out. Analyzing the legal regulation, special literature was used to give the scholars' opinions, disputable questions and problems of existing regulation were revealed, proposing their possible solutions.

SUMMARY Every State, including Lithuania, is concerned with the legal regulation of work of foreigners, first of all, in order to protect its inner labour market, on the other hand, to guarantee an opportunity to work on its territory and proper conditions of work, while recognizing the right to work and carrying out of the obligations accepted on the basis of the international documents. Lately many changes of legal regulation have taken place and various legal acts are being planed to accept, which provide for the differentiated legal regulation of employment and work conditions of foreigners, coming from European Union and third countries. This work, first of all, presents the analysis of legal regulation of work, based on the employment contracts. The purpose was to determine the peculiarities of employment of foreigners, the execution of the employment contracts and their termination. Besides that, this work also presents the analysis of legal regulation of work of temporary posted workers, aimed at determining the specific regulation of such king of work and exposing some of the positive sides and the shortcomings of national regulation. While carrying out the research, basically, the examination of system of legal acts, the analysis of interpretations of the law, given by the competent institutions, was carried out. Analyzing the legal regulation, special literature was used to give the scholars' opinions, disputable questions and problems of existing regulation were revealed, proposing their possible solutions.

SUMMARY Every State, including Lithuania, is concerned with the legal regulation of work of foreigners, first of all, in order to protect its inner labour market, on the other hand, to guarantee an opportunity to work on its territory and proper conditions of work, while recognizing the right to work and carrying out of the obligations accepted on the basis of the international documents. Lately many changes of legal regulation have taken place and various legal acts are being planed to accept, which provide for the differentiated legal regulation of employment and work conditions of foreigners, coming from European Union and third countries. This work, first of all, presents the analysis of legal regulation of work, based on the employment contracts. The purpose was to determine the peculiarities of employment of foreigners, the execution of the employment contracts and their termination. Besides that, this work also presents the analysis of legal regulation of work of temporary posted workers, aimed at determining the specific regulation of such king of work and exposing some of the positive sides and the shortcomings of national regulation. While carrying out the research, basically, the examination of system of legal acts, the analysis of interpretations of the law, given by the competent institutions, was carried out. Analyzing the legal regulation, special literature was used to give the scholars' opinions, disputable questions and problems of existing regulation were revealed, proposing their possible solutions.

Lithuania is a party to major international treaties regulating war crimes, including Four Geneva Conventions of 1949 and its Two Additional Protocols of 1977 as well as Rome Statute of International Criminal Court. Chapter XV of Lithuanian Criminal Code (LCC) lists twelve definitions of war crimes, including those that correspond to the grave breaches of Geneva Conventions as well as other customary law offences. However, there are certain problems regarding the definitions of crimes in LCC and its conformity with international law and especially Rome Statute. First of all, LCC does not include any war crime committed during non-international armed conflict. It is a major gap in Lithuanian criminal law system because of three reasons: first, the article 8 of the Rome Statute clearly points out for certain crimes committed during non-international armed conflict; second, a number of Lithuanian military personnel is serving in international missions where the situation sometimes might be very close to an armed conflicts of non-international character; third, it might pose problems regarding principle nullum crimen sine lege in the case of cooperation with International Criminal Court. This gap shall be removed as soon as possible. Secondly, LCC lacks the implementation of the command responsibility doctrine. It is unclear whether the military officer or commander could be held criminally responsible for the crimes defined in LCC according to command responsibility doctrine. Only in some articles of LCC an order to commit a crime as a form of actus reus is established and there are not enough arguments whether it is possible to treat such an order as a form of complicity in the definitions where the order as a form of actus reus is missing. Omission in prevention or repression of war crimes is missed as well.

Lithuania is a party to major international treaties regulating war crimes, including Four Geneva Conventions of 1949 and its Two Additional Protocols of 1977 as well as Rome Statute of International Criminal Court. Chapter XV of Lithuanian Criminal Code (LCC) lists twelve definitions of war crimes, including those that correspond to the grave breaches of Geneva Conventions as well as other customary law offences. However, there are certain problems regarding the definitions of crimes in LCC and its conformity with international law and especially Rome Statute. First of all, LCC does not include any war crime committed during non-international armed conflict. It is a major gap in Lithuanian criminal law system because of three reasons: first, the article 8 of the Rome Statute clearly points out for certain crimes committed during non-international armed conflict; second, a number of Lithuanian military personnel is serving in international missions where the situation sometimes might be very close to an armed conflicts of non-international character; third, it might pose problems regarding principle nullum crimen sine lege in the case of cooperation with International Criminal Court. This gap shall be removed as soon as possible. Secondly, LCC lacks the implementation of the command responsibility doctrine. It is unclear whether the military officer or commander could be held criminally responsible for the crimes defined in LCC according to command responsibility doctrine. Only in some articles of LCC an order to commit a crime as a form of actus reus is established and there are not enough arguments whether it is possible to treat such an order as a form of complicity in the definitions where the order as a form of actus reus is missing. Omission in prevention or repression of war crimes is missed as well.

The aim of the article is to analyse the definition of a database which is contained in Directive 96/9 of the European Parliament and of the Council on the legal protection of databases and to compare it with the definition used in Lithuanian Law on Authors and Neighbouring rights. The definition of a database is important for several reasons. First, it sets the boundaries of the protection available for databases. Second, the definition of a database as well as many others legal definitions are ambiqous and require further explanations. Third, the authentic translation of Directive differs in some aspects from text of the Directive in other languages. Finally there is inconsistency between the definition in directive and the definition used in Lithuanian Law on Authors and Neighbouring rights. In the first part of the article the gradual development of definition of a database until its final version included in Directive is analysed. Then all the elements of definition are considered. Conclusion is given, that definition of database is extremely broad and lacks of clarity. Two requirements of a database that is "database can be in any form" and it consist of "works, data or other materials" make definition of a database extremely broad. Others attributes of database (collection, independent elements, systematical or methodical arrangement of elements, their capability of being individually accessed) are quite unclear and may be interpreted broadly. The last requirement that a database is not computer programs used in the making or operation of databases accessible by electronic means faces the same problem. Therefore court should exam all above mentioned attributes in every case individually.

The aim of the article is to analyse the definition of a database which is contained in Directive 96/9 of the European Parliament and of the Council on the legal protection of databases and to compare it with the definition used in Lithuanian Law on Authors and Neighbouring rights. The definition of a database is important for several reasons. First, it sets the boundaries of the protection available for databases. Second, the definition of a database as well as many others legal definitions are ambiqous and require further explanations. Third, the authentic translation of Directive differs in some aspects from text of the Directive in other languages. Finally there is inconsistency between the definition in directive and the definition used in Lithuanian Law on Authors and Neighbouring rights. In the first part of the article the gradual development of definition of a database until its final version included in Directive is analysed. Then all the elements of definition are considered. Conclusion is given, that definition of database is extremely broad and lacks of clarity. Two requirements of a database that is "database can be in any form" and it consist of "works, data or other materials" make definition of a database extremely broad. Others attributes of database (collection, independent elements, systematical or methodical arrangement of elements, their capability of being individually accessed) are quite unclear and may be interpreted broadly. The last requirement that a database is not computer programs used in the making or operation of databases accessible by electronic means faces the same problem. Therefore court should exam all above mentioned attributes in every case individually.