Suchergebnisse

In Lithuania like in the majority of other countries around the globe the need of investments and their improvement regarding public infrastructure and public services is growing at a fast pace. Limitations of the public sector concerning the possibilities to fund these objectives promote the search for new tools and opportunities to achieve these purposes. The co-operation of the public and private sectors is defined as any kind of agreement that involves both sectors, which allows private organizations to function within the field that previously was only governed by the public sector. In the international practice one of the co-operation types is the partnership of private and public sector (PPS) that creates opportunities to attract private funds in order to meet the needs of the public sector. Broadly this partnership can be defined as a co-operation of both public and private sectors in order to accomplish various projects involving infrastructure or public services. Thus, the co-operation between these two sectors is inevitable. As an alternative to traditional ways of supplementing public services, the partnership of public and private sector encompasses a wide spectrum of various forms and mechanisms. It could vary from agreements made by county with a private communal office in order to create a system for trash extermination to an establishment of a joint company, which would govern the building and exploitation of a new atomic power plant. These contracts are usually distinguished by establishing a clear partnership type regarding PPS terms; thus, it could be an agreement implemented on a contractual basis or an agreement based on an institutional basis. The European Commission distinguish two types of co-operation of the public and private sector: (1) institutional – when a company of mixed funds is required to be established in order to accomplish a goal; (2) contractual – when a certain goal is achieved by constructing agreements (consensuses, contracts based on a public purchases, joint practises, and other various agreements that are determined by the law). It has to be noted that certain concepts such as consensus, PPS projects, long-term lease, public purchases and others because they denote different ways of partnership of government and public sectors; in other words these concepts could be ineligible. Even though the contracts of purchases and consensuses are regulated by different laws, they in their essence involve similar legal correlations, which have similar aims of regulation. Consensus a try way agreement between the granting instruction, the provider of the service, and the customer. A public purchase is a two way agreement between a service provider and the organization that buys the service, which in consequence pays for the bought service and takes the economic risk of the purchase. The correlation of a consensus and a public purchase are different in the way and process of creating a contract. In case of a consensus provider of the service receives a right to use the service it provides as part of the payment. The concessionaire recognizes the risks of the purchase while the pay is usually arranged by the services user. Although, there is no singular definition of consensus there are certain attributes that allows to distinguish it from other partnerships or public and private sectors; these attributes involves such signs as a long time-span of arranging the contract, a clear allocation of possible liabilities to all the parties, a clear allocation of possible risk, while the majority of these risks are moved upon the private buyer, financial commitments. A major matter for the public sector regarding the co-operation of private and public sector is a selection of private party in a fair competition manner. Before making any kind of partnership contract it is essential to establish an effective and clear competition within the contestant participants within the market. This kind of competition allows the public sector to choose the most effective private partner. The competition allows the governmental institutions to select a partner in a most rational way; due to this information, it is possible to choose such a partner that would meet all the requirements and would fulfil the goal in question. In order to ensure the best selection of the partner it is important to oblige the principles of transparency and non-discrimination. It is important to act according to these principles in order to avoid violating the public and private interests, which are quintessentially different. The public sector seeks to receive the best possible service, while the private sector seeks profit. The equality of rights is important to every legal form that involves the co-operation of public and private sector. According to this principle the procedures of selection of a private party must be determined in an objective and clear way as well as they have to oblige to the rules and requirements. If certain predetermined rules do not exist the participating private parties must be selected according to objective criteria. The principal of non-discrimination defined the object of purchase; the technical specifications cannot defy the concrete process of making, the trade mark, patent, country of origin or production because these specifications might provide extra help for the participating parties or could even rule out some of the participants. The transparency principal is a principal that requires for the conditions of the contest to be clear and understandable; also, it requires that all the conditions that were set could not be changed. By obliging to the transparency principal allows to foresee the decision that should be made during the contest. It is quite natural to agree that the principal of partnership between the public and private sector is the essential part of the partnership concept because without clearly stating them it would be impossible to accomplish any kind of goal regarding such co-operation. The implementation of projects regarding co-operation between the public and private sector is a difficult and lengthily process, which is formed not only by the configuration of partnership but by the selection of partners, negotiations regarding the requirements of the contract, risk management, project management, and the surveillance of the project management. Taking into account the difficult specifics of the co-operation between public and private sector, often there is no singular way to formulate the technical requirements of an object, which would fulfil the public subject's needs and aims, or would defy the objects legal status or its financial consent. Whatever the form of co-operation regarding the partnership of private and public sector is employed, for the successful contest, some sort of negotiations will be required. Each form of such co-operation has a different kind of way to regulate the negotiation. For instance, according to the Public procurement law the negotiations are not mandatory during the public purchase. However, in the contest regarding the grant of the consensus once of the mandatory stages is the negotiation, which's aim is to come to a compromise between the participant of the contest and the institution that grants the consensus. It needs to be noted that the negotiation cannot be used as a tool to distort the technical, financial, or commercial criteria. While appointing the contractual conditions of the consensus, the conditions of the agreement and its main requirements cannot be an object of the negotiation. However this means that the initial agreement will be changed in a slight way. If negotiation takes place it is quite natural that the primary draft of the project changes. A change is fundamental if its implementation within the agreement would quintessentially change the outcomes that the participants would provide. It such change takes place a new contest must be organized. The legal provisions concerning public purchases and consensuses foresees such changes only if the principals of equal right, non-discrimination and transparency are taken into account.

Topic relevance and the scientific issue. Development trends of electronic government, their importance for the efficiency of state institutions and for increasing the implementation of public expectations as well as for the development of democracy is undoubted (Millard J., 2003). Electronic government is commonly perceived as the prolongation of state government in electronic space, manifesting itself as realization of state functions, improvement of organizational changes while applying information technologies (Designing E-Government, 2002). Electronic government is one of the ways to modernize state government, to carry out the state reform, while adjusting to the requirements of the knowledge society (Augustinaitis, A., Petrauskas, R., 2002, Paliulis, N., Jurkenaitė, N., 2006), to improve the quality of the relation between the public and the government (Limba, T., Petrauskas, R., 2004). Due to the above mentioned reasons electronic government is able to and has to become one of the effective elements and priorities to the implementation of strategic governance of the state (Andersen, K. V., Henriksen, H. Z., 2005). Discussions keep going on (Dillon, S., Deakins, E., Chen, W., 2005; Domarkas, V., Lukoševicienė, V., 2006) about which of the electronic government features is the most important. There has been a number of concept interpretations of electronic government and constructions of its essence. It is admitted in most discussions (Goldkuhl, G., Persson, A., 2006; Buckley, J., 2003; Burn, J., Robins, G., 2003) that application of information technologies is the background to the main principles of the implementation of electronic government, creating new ways and opportunities for the public to obtain information and public services provided by state institutions, as well as enabling public sector institutions to cooperate not only with each other but also with their clients. Ideas of electronic government establishment are concurrent with the efforts being realized in many countries to modernize public sector, in order to achieve several fundamental targets, such as transparency, efficiency and simplicity (Millard, J., 2003). Putting it in other words, electronic government is the phenomenon of the development of public relations regulated by state and self-government institutions, having the purpose to increase the transparency of the decision making carried out by the executive government, to provide information and public services for the public, business entities and other public sector institutions in a more qualified and effective manner employing the opportunities offered by information technologies. Electronic government is being implemented worldwide and in all levels of governance. Local authorities play a particularly important role, since they can identify the changing customers' needs best of all (Ancarini, A., 2005). Although the governance functions of those institutions in different countries slightly differ, their common goal remains the same, that is not only to make the governance itself more efficient, but also to make it more accessible for the public (Gronlund, A., 2002; Gugliota, A, Cabral, L., 2005). Municipalities, that are able to provide public service for the consumers in more effective and modern ways can also meet other public needs, in this way implementing directly one of the principles of European local self-government charter that was ratified in Lithuania in 1999, which is the one of ensuring a tighter link between local self-government and the public (Official Gazette, Nr.82-2418, 1999). Basing on that it can be claimed, that the role of electronic government is of quite an important manner while making an impact on a suitable choice of different models for the implementation of the above mentioned and other principles of local authorities. Models of electronic government services, that are created and being analyzed by worldwide scientists, aim at seeking solutions and their alternatives for more efficient public services provision. The years of establishment of the models being analyzed in this paper reflecting the recent development trends of models of electronic government services show that the subject matter of the models of electronic government services is relevant and fairly new worldwide as well as in Lithuania. Quite recently, in 2006, a project named "The Development of System Interaction Capacity - the Interoperability of Public Administration Institutions Information Systems" was started to be designed, which is project of a practical implementation of important fragments of the "Interoperability" model of electronic government services. The implementation of this project that aims at not only the central government, the local authorities' institutions, but also improving their relation with the public can be named as the focus of relevance of the topic that is being analyzed. Issues and their solutions concerning the efficient electronic government services provision occur worldwide. In some countries, Lithuania is one of them, the models that are identified only hardly coordinate with the models of electronic government services covered in this work or separate fragments of such models being applied in local self-government levels. In order to solve those problems it would be expedient to find new, improved and more effective models of electronic government services that can meet the needs of customers better while providing electronic government services. The object of the thesis. The models of electronic government services. Aim and objectives of the thesis. The aim of work is to develop a model of electronic government services which could ensure the efficient integration of electronic government services in the local self-government level. There have been set the following objectives for the above mentioned aim to be achieved: 1. To reveal the aspects of development trends, problems and efficiency of electronic government services provision in municipalities; 2. Having analyzed the models of electronic government services and having carried out their comparative analysis, to establish the main features of those models; 3. Having analyzed the application peculiarities of the models of electronic government services in the municipalities of certain countries, to establish advantages and disadvantages of applying those models in the countries; 4. Having analyzed the application opportunities of the models of electronic government services in the municipalities of Lithuania, to offer a new model of electronic government services for the municipalities of Lithuania; 5. To carry out research of the application opportunities of the new model of electronic government services for the municipalities of Lithuania. Hypothesis (H1). The current model of electronic government services applied in the municipalities of Lithuania does not enable the efficient provision of electronic government services for customers. Hypothesis (H2). The developed model of electronic government services enables to ensure efficient integration of electronic government services in the local self-government level in Lithuania. Scientific novelty of the thesis. The systematic, comparative analysis of the models of electronic government services carried out in the scientific work and the assessment of opportunities of their application in the self-government level have hardly been analyzed which makes the topic a novelty in Lithuania.With the help of the method of comparative analysis the models of electronic government services have been assessed and there has been distinguished the total of six. Two of them being the main common models of electronic government services have the features that enable the development of new models of electronic government services that are more targeted at changes taking place in public needs and inside organizational processes signifying the novelty of dissertation work. The scientific work analyzes the improvement opportunities of the models of electronic government services and their application alternatives in Lithuanian municipalities. The newly developed model of electronic government services that has been designed basing on the principle of integrating online expert consultation is primarily targeted at improvement of inside processes' changes of an organization. Practicing the application of that model in the local self-government level starting with improvement of inside processes of an organization should help adapt more accurately and efficiently to the changing needs of the society while providing electronic government services, thus establishing a higher public value. The novelty of work is reflected not only through the integration opportunities' assessment of the principle of online expert consultation into the theoretical models of electronic government services that have already been developed by the scientists, but also on the basis of this principle there has been developed a "Holistic model of integrating electronic government services" and its practical application realization with the design of "The project of implementing the principle of online expert consultation on the model of electronic government services". The project is based on the implementation of online consultancy service for the officials of Lithuanian municipalities and is aimed at helping to improve their qualification in this area, as well as changing the attitude that can be sometimes wrong concerning the purpose of providing electronic government services for the public and applying information technologies in local authorities. The research of the scientific work, in particular the experiment that has been carried out in the form of online expert consultancy seminars for Lithuanian municipalities on electronic government services, as there have been no experiments of this kind in Lithuania so far. Sources and methods of the thesis. The scientific work is

Topic relevance and the scientific issue. Development trends of electronic government, their importance for the efficiency of state institutions and for increasing the implementation of public expectations as well as for the development of democracy is undoubted (Millard J., 2003). Electronic government is commonly perceived as the prolongation of state government in electronic space, manifesting itself as realization of state functions, improvement of organizational changes while applying information technologies (Designing E-Government, 2002). Electronic government is one of the ways to modernize state government, to carry out the state reform, while adjusting to the requirements of the knowledge society (Augustinaitis, A., Petrauskas, R., 2002, Paliulis, N., Jurkenaitė, N., 2006), to improve the quality of the relation between the public and the government (Limba, T., Petrauskas, R., 2004). Due to the above mentioned reasons electronic government is able to and has to become one of the effective elements and priorities to the implementation of strategic governance of the state (Andersen, K. V., Henriksen, H. Z., 2005). Discussions keep going on (Dillon, S., Deakins, E., Chen, W., 2005; Domarkas, V., Lukoševicienė, V., 2006) about which of the electronic government features is the most important. There has been a number of concept interpretations of electronic government and constructions of its essence. It is admitted in most discussions (Goldkuhl, G., Persson, A., 2006; Buckley, J., 2003; Burn, J., Robins, G., 2003) that application of information technologies is the background to the main principles of the implementation of electronic government, creating new ways and opportunities for the public to obtain information and public services provided by state institutions, as well as enabling public sector institutions to cooperate not only with each other but also with their clients. Ideas of electronic government establishment are concurrent with the efforts being realized in many countries to modernize public sector, in order to achieve several fundamental targets, such as transparency, efficiency and simplicity (Millard, J., 2003). Putting it in other words, electronic government is the phenomenon of the development of public relations regulated by state and self-government institutions, having the purpose to increase the transparency of the decision making carried out by the executive government, to provide information and public services for the public, business entities and other public sector institutions in a more qualified and effective manner employing the opportunities offered by information technologies. Electronic government is being implemented worldwide and in all levels of governance. Local authorities play a particularly important role, since they can identify the changing customers' needs best of all (Ancarini, A., 2005). Although the governance functions of those institutions in different countries slightly differ, their common goal remains the same, that is not only to make the governance itself more efficient, but also to make it more accessible for the public (Gronlund, A., 2002; Gugliota, A, Cabral, L., 2005). Municipalities, that are able to provide public service for the consumers in more effective and modern ways can also meet other public needs, in this way implementing directly one of the principles of European local self-government charter that was ratified in Lithuania in 1999, which is the one of ensuring a tighter link between local self-government and the public (Official Gazette, Nr.82-2418, 1999). Basing on that it can be claimed, that the role of electronic government is of quite an important manner while making an impact on a suitable choice of different models for the implementation of the above mentioned and other principles of local authorities. Models of electronic government services, that are created and being analyzed by worldwide scientists, aim at seeking solutions and their alternatives for more efficient public services provision. The years of establishment of the models being analyzed in this paper reflecting the recent development trends of models of electronic government services show that the subject matter of the models of electronic government services is relevant and fairly new worldwide as well as in Lithuania. Quite recently, in 2006, a project named "The Development of System Interaction Capacity - the Interoperability of Public Administration Institutions Information Systems" was started to be designed, which is project of a practical implementation of important fragments of the "Interoperability" model of electronic government services. The implementation of this project that aims at not only the central government, the local authorities' institutions, but also improving their relation with the public can be named as the focus of relevance of the topic that is being analyzed. Issues and their solutions concerning the efficient electronic government services provision occur worldwide. In some countries, Lithuania is one of them, the models that are identified only hardly coordinate with the models of electronic government services covered in this work or separate fragments of such models being applied in local self-government levels. In order to solve those problems it would be expedient to find new, improved and more effective models of electronic government services that can meet the needs of customers better while providing electronic government services. The object of the thesis. The models of electronic government services. Aim and objectives of the thesis. The aim of work is to develop a model of electronic government services which could ensure the efficient integration of electronic government services in the local self-government level. There have been set the following objectives for the above mentioned aim to be achieved: 1. To reveal the aspects of development trends, problems and efficiency of electronic government services provision in municipalities; 2. Having analyzed the models of electronic government services and having carried out their comparative analysis, to establish the main features of those models; 3. Having analyzed the application peculiarities of the models of electronic government services in the municipalities of certain countries, to establish advantages and disadvantages of applying those models in the countries; 4. Having analyzed the application opportunities of the models of electronic government services in the municipalities of Lithuania, to offer a new model of electronic government services for the municipalities of Lithuania; 5. To carry out research of the application opportunities of the new model of electronic government services for the municipalities of Lithuania. Hypothesis (H1). The current model of electronic government services applied in the municipalities of Lithuania does not enable the efficient provision of electronic government services for customers. Hypothesis (H2). The developed model of electronic government services enables to ensure efficient integration of electronic government services in the local self-government level in Lithuania. Scientific novelty of the thesis. The systematic, comparative analysis of the models of electronic government services carried out in the scientific work and the assessment of opportunities of their application in the self-government level have hardly been analyzed which makes the topic a novelty in Lithuania.With the help of the method of comparative analysis the models of electronic government services have been assessed and there has been distinguished the total of six. Two of them being the main common models of electronic government services have the features that enable the development of new models of electronic government services that are more targeted at changes taking place in public needs and inside organizational processes signifying the novelty of dissertation work. The scientific work analyzes the improvement opportunities of the models of electronic government services and their application alternatives in Lithuanian municipalities. The newly developed model of electronic government services that has been designed basing on the principle of integrating online expert consultation is primarily targeted at improvement of inside processes' changes of an organization. Practicing the application of that model in the local self-government level starting with improvement of inside processes of an organization should help adapt more accurately and efficiently to the changing needs of the society while providing electronic government services, thus establishing a higher public value. The novelty of work is reflected not only through the integration opportunities' assessment of the principle of online expert consultation into the theoretical models of electronic government services that have already been developed by the scientists, but also on the basis of this principle there has been developed a "Holistic model of integrating electronic government services" and its practical application realization with the design of "The project of implementing the principle of online expert consultation on the model of electronic government services". The project is based on the implementation of online consultancy service for the officials of Lithuanian municipalities and is aimed at helping to improve their qualification in this area, as well as changing the attitude that can be sometimes wrong concerning the purpose of providing electronic government services for the public and applying information technologies in local authorities. The research of the scientific work, in particular the experiment that has been carried out in the form of online expert consultancy seminars for Lithuanian municipalities on electronic government services, as there have been no experiments of this kind in Lithuania so far. Sources and methods of the thesis. The scientific work is

Research problem. One of the ways to ensure public order is to impose sanctions for breach of law. Administrative sanctions as a remedy of administrative liability have a special place among the remedies of legal constraint. There is a need of effective and quick reaction to tackle great number of administrative offences and to ensure adequate prevention of administrative offences as well as criminal acts. Although the state responds to offence by implementing the jurisdictional function, which in a state governed under democratic principles is carried out by the court (one of the three constituent elements of governance), social reality testifies that the role of executive institutions in resolving the issues of legal liability for offence is increasing. Under currently effective provisions of the Administrative Code of the Republic of Lithuania authorization to impose sanctions for administrative offence is granted to a few tens of public administration institutions. Does such a situation correspond to the principle of separation of powers and what is the basis of such legal regulation? In fact, Lithuanian, and not only, science of Administrative Law often raises the problem of administrative offence as well as the problem of legitimacy of administrative sanctions which is closely related with the justice implementation function of administrative institutions. Actually, the administrative institution while imposing sanctions for administrative offence becomes a quasi-court involved in jurisdictional activities. This problem roots from the inconsistence of modern public administration system with Article 109 of the Republic of Lithuania Constitution, which reads that justice shall be executed solely by court. Execution of justice means determination of the case circumstances, finding a person guilty and imposing a fair instrument of action. According to the Constitution the right to find a person guilty and to impose a fair instrument of action is vested to the court and the judge. Meanwhile, up to now the executive institutions are empowered to implement these functions of justice. Therefore, public administration institutions, in addition to administration, implement the function of justice and therefore contradict the principle of separation of powers. This idea, expressed by many authors, has been still ignored by legislators not only in Lithuania, but in foreign states as well. Conversely, a tendency to make a social impact by implementing administrative sanctions imposed in a simpler and prompter manner is observed much more frequently and in wider areas of public life. On the other hand, the affer to leave the examination of all cases of administrative offence to courts would be difficult to implement and perhaps unnecessary. Finally, we may see that neither the constitutional jurisprudence nor the European Court of Human Rights requires for that. Nevertheless, the statutory regime necessary for the implementation of administrative sanctions has to be identified and defined. Meanwhile, authoritative entities of judiciary law, basing themselves on the similarities in the nature of administrative and criminal sanctions, categorically maintain that the principles of criminal justice should be applied to administrative justice. Such a requirement is paradoxical though. Presumably, if a person charged with administrative offence is given the same guarantees as a criminal offender and legal proceedings are of the same type as criminal proceedings, the administrative liability as independent type of legal liability and institution of administrative law would lose its identity. Therefore there is a search for compromise in many different legal systems, which shows that principles of criminal jurisdiction, when transferred into the area of administrative sanctions, become inverted from the point of view of subject matter. Considering all this problematic aspects of implementing lawfulness (nullum crimen, nulla poena sine lege), non-retroactivity of law (lex retro non agit) and prohibition to institute a legal action twice for the same cause (non bis in idem) in judicial activities of quasi judiciary institutions shall be resolved . The issue of guilt as a subjective element of administrative punishment remains of great importance. Topicality of the dissertation research. Administrative Code, being the key act of law aimed at regulating legal relationship of administrative liability, was adopted during the soviet times. Obviously, significant changes have taken place in political, social and economic life and these changes are reflected in modified legal regulation. After the protection of human rights became the main objective of the state and the guiding values cardinally shifted from the primacy of state over the citizen towards the primacy of citizen over the state, the legal regulation of administrative liability had to be changed. Attempts to adopt a new law complying with the spirit of democratic states still remain fruitless. We may assume that the legislator has not decided yet which model of administrative liability regulations should be the most acceptable. Such assumption is confirmed by unsuccessful attempts criticized by many authors to automatically translate general provisions of criminal liability to the Administrative Code draft now being worked on. Thus, when legislation problems in the area of administrative liability are being solved the issue of the body executing the liability has remained the most acute. Discussions often reveal an opinion that implementation of sanctions by administrative institutions should be more an exception than a rule while cases of administrative offence should be settled in courts. Unfortunately, this idea is confirmed neither by Lithuanian nor foreign practice; on the contrary, opinions supporting the development and expansion of administrative jurisdiction prevail. In that case the problem of legitimacy of exercising jurisdiction by administrative institutions from the point of view of separation of powers laid down in the Constitution remains unsolved and thus retains its topicality. Finally, the scope of the principles of administrative liability in Lithuania is still unclear and undefined thus leading to incompliance of statutory regulation with legal practice. Dissertation research object. This doctoral thesis focuses on social relationship created in the light of administrative sanctions imposed by quasi-judicial institutions and statutory regulation of such relationship. Dissertation research goal is to analyze in a systematic manner and evaluate the legal basis of jurisdictional activities of quasi-judicial institutions in different countries, the principles applied in jurisdictional activities of these institutions and to propose guidelines for improving the institution of administrative liability in Lithuania. The following objectives were set to this end: 1. Introduce the notion of jurisdictional activity and reveal its relationship with administrative jurisdiction. 2. Disclose the notion of administrative sanction and examine the administrative sanction doctrines in different states pointing out the fundamental features of administrative sanction. 3. Analyze the models of quasi-judicial institutions implementing administrative sanctions and assess their jurisdictional activity from the point of view of constitutional legitimacy. 4. Evaluate statutory regulation of administrative jurisdiction and problems of executing it in Lithuania in 1918-1990. 5. Reveal the basic principles and the scope of jurisdictional activity of quasi-judicial institutions. Scientific novelty and practicality of dissertation research. This thesis is an attempt to have a deeper insight to the problems of statutory regulation and execution of administrative liability. Although sufficient attention is paid to this issue in the science of Lithuanian Law witnessed by scholar discussions on one or another aspect of the problem, the present thesis is the first attempt to give a doctrinal and systematic review of quasi-judicial institutions in exercising the powers of administrative sanctioning and the basis of jurisdictional activity. The thesis analyses in great detail doctrines of administrative sanctions of different democratic states (e.g. France, Germany, Spain, Portugal, Italy etc.) and attempts to determine and distinguish essential features of administrative sanctions with the aim to develop guidelines for modelling the institution of administrative liability in Lithuania. The research work is not limited to a mere analysis of legal norms but gives an assessment of legal regulation exercised through jurisdictional activities of quasi-judicial institution from the point of view of constitutional and administrative jurisprudence, thus enabling to determine the dysfunctions of legal regulation and potential solutions. The novelty of the thesis lies in the attempt to define the basic principles of quasi-judicial institutions' jurisdictional activity by revealing their scope and problems of implementation. As Lithuanian legislators are currently working on the drafts of Administrative Code and legislative act aimed at regulating the administrative proceedings, this research thesis revealing the problems of administrative liability legal regulation and guidelines for potential improvement also has a practical value. Assertions defended in the dissertation. Administrative sanctions implemented by quasi-judicial institutions represent the institute performing a potentially effective role of social regulator and jurisdictional activity carried out by those institutions is acceptable for the legal system of a democratic state from the point of view of constitutional legitimacy. Activities of quasi-judicial institutions executing jurisdictional authorizations are subject to the principles of criminal jurisdiction, however with certain exclusions that w

Research problem. One of the ways to ensure public order is to impose sanctions for breach of law. Administrative sanctions as a remedy of administrative liability have a special place among the remedies of legal constraint. There is a need of effective and quick reaction to tackle great number of administrative offences and to ensure adequate prevention of administrative offences as well as criminal acts. Although the state responds to offence by implementing the jurisdictional function, which in a state governed under democratic principles is carried out by the court (one of the three constituent elements of governance), social reality testifies that the role of executive institutions in resolving the issues of legal liability for offence is increasing. Under currently effective provisions of the Administrative Code of the Republic of Lithuania authorization to impose sanctions for administrative offence is granted to a few tens of public administration institutions. Does such a situation correspond to the principle of separation of powers and what is the basis of such legal regulation? In fact, Lithuanian, and not only, science of Administrative Law often raises the problem of administrative offence as well as the problem of legitimacy of administrative sanctions which is closely related with the justice implementation function of administrative institutions. Actually, the administrative institution while imposing sanctions for administrative offence becomes a quasi-court involved in jurisdictional activities. This problem roots from the inconsistence of modern public administration system with Article 109 of the Republic of Lithuania Constitution, which reads that justice shall be executed solely by court. Execution of justice means determination of the case circumstances, finding a person guilty and imposing a fair instrument of action. According to the Constitution the right to find a person guilty and to impose a fair instrument of action is vested to the court and the judge. Meanwhile, up to now the executive institutions are empowered to implement these functions of justice. Therefore, public administration institutions, in addition to administration, implement the function of justice and therefore contradict the principle of separation of powers. This idea, expressed by many authors, has been still ignored by legislators not only in Lithuania, but in foreign states as well. Conversely, a tendency to make a social impact by implementing administrative sanctions imposed in a simpler and prompter manner is observed much more frequently and in wider areas of public life. On the other hand, the affer to leave the examination of all cases of administrative offence to courts would be difficult to implement and perhaps unnecessary. Finally, we may see that neither the constitutional jurisprudence nor the European Court of Human Rights requires for that. Nevertheless, the statutory regime necessary for the implementation of administrative sanctions has to be identified and defined. Meanwhile, authoritative entities of judiciary law, basing themselves on the similarities in the nature of administrative and criminal sanctions, categorically maintain that the principles of criminal justice should be applied to administrative justice. Such a requirement is paradoxical though. Presumably, if a person charged with administrative offence is given the same guarantees as a criminal offender and legal proceedings are of the same type as criminal proceedings, the administrative liability as independent type of legal liability and institution of administrative law would lose its identity. Therefore there is a search for compromise in many different legal systems, which shows that principles of criminal jurisdiction, when transferred into the area of administrative sanctions, become inverted from the point of view of subject matter. Considering all this problematic aspects of implementing lawfulness (nullum crimen, nulla poena sine lege), non-retroactivity of law (lex retro non agit) and prohibition to institute a legal action twice for the same cause (non bis in idem) in judicial activities of quasi judiciary institutions shall be resolved . The issue of guilt as a subjective element of administrative punishment remains of great importance. Topicality of the dissertation research. Administrative Code, being the key act of law aimed at regulating legal relationship of administrative liability, was adopted during the soviet times. Obviously, significant changes have taken place in political, social and economic life and these changes are reflected in modified legal regulation. After the protection of human rights became the main objective of the state and the guiding values cardinally shifted from the primacy of state over the citizen towards the primacy of citizen over the state, the legal regulation of administrative liability had to be changed. Attempts to adopt a new law complying with the spirit of democratic states still remain fruitless. We may assume that the legislator has not decided yet which model of administrative liability regulations should be the most acceptable. Such assumption is confirmed by unsuccessful attempts criticized by many authors to automatically translate general provisions of criminal liability to the Administrative Code draft now being worked on. Thus, when legislation problems in the area of administrative liability are being solved the issue of the body executing the liability has remained the most acute. Discussions often reveal an opinion that implementation of sanctions by administrative institutions should be more an exception than a rule while cases of administrative offence should be settled in courts. Unfortunately, this idea is confirmed neither by Lithuanian nor foreign practice; on the contrary, opinions supporting the development and expansion of administrative jurisdiction prevail. In that case the problem of legitimacy of exercising jurisdiction by administrative institutions from the point of view of separation of powers laid down in the Constitution remains unsolved and thus retains its topicality. Finally, the scope of the principles of administrative liability in Lithuania is still unclear and undefined thus leading to incompliance of statutory regulation with legal practice. Dissertation research object. This doctoral thesis focuses on social relationship created in the light of administrative sanctions imposed by quasi-judicial institutions and statutory regulation of such relationship. Dissertation research goal is to analyze in a systematic manner and evaluate the legal basis of jurisdictional activities of quasi-judicial institutions in different countries, the principles applied in jurisdictional activities of these institutions and to propose guidelines for improving the institution of administrative liability in Lithuania. The following objectives were set to this end: 1. Introduce the notion of jurisdictional activity and reveal its relationship with administrative jurisdiction. 2. Disclose the notion of administrative sanction and examine the administrative sanction doctrines in different states pointing out the fundamental features of administrative sanction. 3. Analyze the models of quasi-judicial institutions implementing administrative sanctions and assess their jurisdictional activity from the point of view of constitutional legitimacy. 4. Evaluate statutory regulation of administrative jurisdiction and problems of executing it in Lithuania in 1918-1990. 5. Reveal the basic principles and the scope of jurisdictional activity of quasi-judicial institutions. Scientific novelty and practicality of dissertation research. This thesis is an attempt to have a deeper insight to the problems of statutory regulation and execution of administrative liability. Although sufficient attention is paid to this issue in the science of Lithuanian Law witnessed by scholar discussions on one or another aspect of the problem, the present thesis is the first attempt to give a doctrinal and systematic review of quasi-judicial institutions in exercising the powers of administrative sanctioning and the basis of jurisdictional activity. The thesis analyses in great detail doctrines of administrative sanctions of different democratic states (e.g. France, Germany, Spain, Portugal, Italy etc.) and attempts to determine and distinguish essential features of administrative sanctions with the aim to develop guidelines for modelling the institution of administrative liability in Lithuania. The research work is not limited to a mere analysis of legal norms but gives an assessment of legal regulation exercised through jurisdictional activities of quasi-judicial institution from the point of view of constitutional and administrative jurisprudence, thus enabling to determine the dysfunctions of legal regulation and potential solutions. The novelty of the thesis lies in the attempt to define the basic principles of quasi-judicial institutions' jurisdictional activity by revealing their scope and problems of implementation. As Lithuanian legislators are currently working on the drafts of Administrative Code and legislative act aimed at regulating the administrative proceedings, this research thesis revealing the problems of administrative liability legal regulation and guidelines for potential improvement also has a practical value. Assertions defended in the dissertation. Administrative sanctions implemented by quasi-judicial institutions represent the institute performing a potentially effective role of social regulator and jurisdictional activity carried out by those institutions is acceptable for the legal system of a democratic state from the point of view of constitutional legitimacy. Activities of quasi-judicial institutions executing jurisdictional authorizations are subject to the principles of criminal jurisdiction, however with certain exclusions that w

Relevance of the topic. Lithuania is not a large country and sports talents are not emerging very often. It does not depend on the social or economic situation of the country (Schnabel et al., 1994; Cedaro, 2000; Carling et al., 2009). When giving the opportunity for the talent to achieve positive results in sports, the talented personalities have to be selected, the purposeful training program has to be concluded as well as the monitoring of the practical implementation of the program has to be performed (Regnier et al., 1993; Durand-Bush, Salmela, 2001; Abernethy, 2008; Vaeyens et al., 2008; Bailey et al., 2010; Burgess, Naughton, 2010; Philips et al., 2010; Ford et al., 2011). Therefore it is very important that the training of the athletes has to be conceptualized, so a small quantity of the talented athletes is developed as optimally as possible. Inaccurate training system prevents the athletes from revealing their own potential. Thus, only the consistent sports training system shall stimulate a more rapid improvement of the sports results, as it is harder to identify a talent than to develop it (Balyi, Hamilton, 1999; Raslanas, 2001; Malina et al., 2004; Balyi, Williams, 2009; Stafford, 2010). It was considered for a long time that success in sports depends solely on the athletes, who are physically strong and developed tactically (Krasilshchikov, 2011), however, due to increase of the competition between athletes (De Bosscher et al., 2006) and major political and commercial influence of sports (Green, Oakley, 2001), there is a necessity to create long-term development programs with respect to different sports (Balyi, Hamilton, 2004; Balyi, Williams, 2009; Stafford, 2010). Long-term development of the young athletes taking place for a period between eight–to–twelve years before becoming elite athlete is a purposeful and integral didactic process (Ericsson, Charness, 1994; Salmela et al., 1998; Balyi, 2001; Balyi, Hamilton, 2004; Balyi, Williams, 2009; Stafford, 2010) which is significantly affected by the body composition of the athletes (genotypic and phenotypic factors) (Heyward, Stolarczyk, 1996; Jebb et al., 2000; Drinkwater et al., 2008; Ostojic et al., 2006; Abraham, 2010), training program (Trninic et al., 2001; Milanovič, 2002; Balčiūnas et al., 2006), exceptionally physical (Drinkwater et al., 2008; Delextrat, Cohen, 2009) and technical fitness (Apostolidis et al., 2004; Karpowicz, 2006), nature of sport performance (Hucinski, 2004; Dembinski, 2005). A reasonable long-term development system of young basketball players began to take shape in seventh decade of the 20th century. Different types of training were distinguished in such system: integral, physical, technical, tactical and theoretic (Stonkus, 1992; Butautas, 2002). The scientists have different opinions on the long-term development. Zeldovič and Keraminas (Зельдович, Кераминас, 1964) provide that 50 % of the total training time in the training cycle of the boys aged 11–14 years should be attributed to the physical and technical training. Dobry (1986) and Stonkus (1985) provide that physical training should prevail (at least 40 % of the total training time) in the training of boys aged 11–14 years. Other scientists (Mikulowsky, Oszast, 1976, Butautas, 2002; Milanovič et al., 2002; Cenic, 2004) state that the technical training is the most important type of training. Based on the opinion of the other group of scientists (Литвинов и др., 1996; Canadian Sports Centres, 2008), the time attributed to the physical training shall be reduced in parallel to the increase of age of an athlete, i.e. during the first year of training the largest part shall be attributed to physical training. One of the most important conditions of effective sports training is control and management of sports training in order to determine and assess physical development, physical fitness, change in the level of technical skills (Johnson, Nelson, 1986; Bouchard et al., 1997; Stonkus, 2002, 2003; Graham et al., 2004; Barfield et al., 2007; Mirkov et al., 2008; Balčiūnas et al., 2009; Robinson, 2010). According to some studies performed, age periods which are the most sensitive for the training of motor abilities (Komi, 1992; Shephard, Astrand, 1992; Kraemer, 1993; Pauletto, 1995; Alter, 1996; Donald, Chu, 1996; Dintiman et al., 1997; Donald, Chu, 1998; Viru et al., 1999; Baquet et al., 2003; Boisseau, Delamarche, 2000; Malina et al., 2004; Ford et al., 2011), technical skills (Schmidt, 1991; Latash, 1993; Burton, Miller, 1998; Schmidt, Lee, 1999; Cabodevilla, 2008; Kasa, 2006; Zambova, Tomanek, 2012) is childhood and adolescence. Scientists (Impellizzeri et al., 2005; Wolf, 2006; Ljach, 2007) provide that with respect to training of young basketball players fitness objectives shall be important next to the training objectives, as they influence achievement of the results of a young personality. Considering that the population of Lithuania is just below 3 million (2.96 million; http://www.stat.gov.lt, 2013), the results and achievement of Lithuanian basketball men national team (5th place in the world ranking, 406 points; http://www.fiba.com, 2013) and of national teams of younger age groups (3rd place in the world ranking, 261 points (http://www.fiba.com, 2013) in the Olympic Games, World and European championships should be treated as exceptional phenomena. A case study of an effective training institution could help to form an assumption on the peculiarities of the long-term development program successfully implemented by the Lithuanian coaches. The relevance of the problem is influenced by the following factors: • a special meaning for the development of a personality has genuine activity in childhood and adolescence (Jovaiša, 1993; 2001); • basketball is becoming a more important social phenomena as sports results represent the country (Wilson, Spink, 2006; Sakalauskas, 2010; Paulauskas, 2010); • in order to form a training concept of young basketball players, tendencies of the training of the training and fitness of the best athletes has to be analyzed (Leonardo et al., 2002; Stonkus, 2003); • train and manage the process of young basketball players so that the best results are achieved in the most important competitions (Balyi, Williams, 2009). It is especially important for Lithuania as it has limited resources of sports talent and finance; • only the scientifically-sound optimum training program of the young basketball players (aged 7–17 years) shall allow the athletes to realize their individual potential in order to achieve results in sports, as well as to realize sensitive opportunities for the development of personality (Aksen, Gunay, 2010). Research problem: due to different training of the young basketball players and different concept of the fitness influencing the training, it is important to determine, which peculiarities of the training programs applied effectively while aiming for the best results influence the fitness of the players during different age periods. Research hypothesis: a case study of coaching of young basketball players of Sabonis Basketball Center aged 7–17 years will reveal the structure of the long-term coaching of the players. Research object: coaching of young basketball players (aged 7–17 years). Research aim: conceptualization of the peculiarities of coaching of young basketball players (aged 7–17 years). Research objectives: 1. Determine the peculiarities of the content changes and amount of load of the training programs of basketball players aged 7–17 years. 2. Evaluate the body composition indicators, physical and technical fitness of basketball players aged 7–17 years by creating the rank scales of the indicators. 3. Determine the model values of the sport performance indicators of basketball players aged 12–17 years. 4. Reveal the selection and coaching model of Sabonis Basketball Center. Originality and theoretical significance of the research As basketball is becoming a more complex sport (faster, more athletic and more versatile), the results depend on many internal and external factors (Stonkus, 2003; Wissel, 2012). Training of young basketball players has become multidimensional, systemic process as multidisciplinary knowledge, methods and measures are used. A revealed phenomenological interaction between training and fitness of young basketball players aged 7–17 years is based on the following aspects: • a selection and training model of Sabonis Basketball Center has been revealed; • a training program of young basketball players aged 7–17 years applied in Sabonis Basketball Center has been revealed; • a rank scale of body composition indicators, physical and technical fitness of young basketball players aged 7–17 years has been formed; • the most sensitive age periods for the training of motor abilities and technical skills of young basketball players have been determined; • the characteristics of sport performance of basketball players aged 12–17 years have been formed. Practical application of the research Training programs and their peculiarities for different age periods provided in this dissertation shall help Lithuanian coaches to organize, plan and implement the long-term development of young basketball players more effectively. The rank scales of young basketball players' body composition indicators, physical and technical fitness and the model indicator values of sport performance, which have been formed for the purposes of this dissertation, shall help to select and train the players, prepare them for competitions and develop the highly skilled athletes. The established sensitive age periods for the training of motor abilities and technical skills shall assist the coaches in developing the abilities of young basketball players more effectively. Conclusions 1. It was determined that aiming to develop the basic skills of basketball technique and game awareness the specialized development prevail

Relevance of the topic. Lithuania is not a large country and sports talents are not emerging very often. It does not depend on the social or economic situation of the country (Schnabel et al., 1994; Cedaro, 2000; Carling et al., 2009). When giving the opportunity for the talent to achieve positive results in sports, the talented personalities have to be selected, the purposeful training program has to be concluded as well as the monitoring of the practical implementation of the program has to be performed (Regnier et al., 1993; Durand-Bush, Salmela, 2001; Abernethy, 2008; Vaeyens et al., 2008; Bailey et al., 2010; Burgess, Naughton, 2010; Philips et al., 2010; Ford et al., 2011). Therefore it is very important that the training of the athletes has to be conceptualized, so a small quantity of the talented athletes is developed as optimally as possible. Inaccurate training system prevents the athletes from revealing their own potential. Thus, only the consistent sports training system shall stimulate a more rapid improvement of the sports results, as it is harder to identify a talent than to develop it (Balyi, Hamilton, 1999; Raslanas, 2001; Malina et al., 2004; Balyi, Williams, 2009; Stafford, 2010). It was considered for a long time that success in sports depends solely on the athletes, who are physically strong and developed tactically (Krasilshchikov, 2011), however, due to increase of the competition between athletes (De Bosscher et al., 2006) and major political and commercial influence of sports (Green, Oakley, 2001), there is a necessity to create long-term development programs with respect to different sports (Balyi, Hamilton, 2004; Balyi, Williams, 2009; Stafford, 2010). Long-term development of the young athletes taking place for a period between eight–to–twelve years before becoming elite athlete is a purposeful and integral didactic process (Ericsson, Charness, 1994; Salmela et al., 1998; Balyi, 2001; Balyi, Hamilton, 2004; Balyi, Williams, 2009; Stafford, 2010) which is significantly affected by the body composition of the athletes (genotypic and phenotypic factors) (Heyward, Stolarczyk, 1996; Jebb et al., 2000; Drinkwater et al., 2008; Ostojic et al., 2006; Abraham, 2010), training program (Trninic et al., 2001; Milanovič, 2002; Balčiūnas et al., 2006), exceptionally physical (Drinkwater et al., 2008; Delextrat, Cohen, 2009) and technical fitness (Apostolidis et al., 2004; Karpowicz, 2006), nature of sport performance (Hucinski, 2004; Dembinski, 2005). A reasonable long-term development system of young basketball players began to take shape in seventh decade of the 20th century. Different types of training were distinguished in such system: integral, physical, technical, tactical and theoretic (Stonkus, 1992; Butautas, 2002). The scientists have different opinions on the long-term development. Zeldovič and Keraminas (Зельдович, Кераминас, 1964) provide that 50 % of the total training time in the training cycle of the boys aged 11–14 years should be attributed to the physical and technical training. Dobry (1986) and Stonkus (1985) provide that physical training should prevail (at least 40 % of the total training time) in the training of boys aged 11–14 years. Other scientists (Mikulowsky, Oszast, 1976, Butautas, 2002; Milanovič et al., 2002; Cenic, 2004) state that the technical training is the most important type of training. Based on the opinion of the other group of scientists (Литвинов и др., 1996; Canadian Sports Centres, 2008), the time attributed to the physical training shall be reduced in parallel to the increase of age of an athlete, i.e. during the first year of training the largest part shall be attributed to physical training. One of the most important conditions of effective sports training is control and management of sports training in order to determine and assess physical development, physical fitness, change in the level of technical skills (Johnson, Nelson, 1986; Bouchard et al., 1997; Stonkus, 2002, 2003; Graham et al., 2004; Barfield et al., 2007; Mirkov et al., 2008; Balčiūnas et al., 2009; Robinson, 2010). According to some studies performed, age periods which are the most sensitive for the training of motor abilities (Komi, 1992; Shephard, Astrand, 1992; Kraemer, 1993; Pauletto, 1995; Alter, 1996; Donald, Chu, 1996; Dintiman et al., 1997; Donald, Chu, 1998; Viru et al., 1999; Baquet et al., 2003; Boisseau, Delamarche, 2000; Malina et al., 2004; Ford et al., 2011), technical skills (Schmidt, 1991; Latash, 1993; Burton, Miller, 1998; Schmidt, Lee, 1999; Cabodevilla, 2008; Kasa, 2006; Zambova, Tomanek, 2012) is childhood and adolescence. Scientists (Impellizzeri et al., 2005; Wolf, 2006; Ljach, 2007) provide that with respect to training of young basketball players fitness objectives shall be important next to the training objectives, as they influence achievement of the results of a young personality. Considering that the population of Lithuania is just below 3 million (2.96 million; http://www.stat.gov.lt, 2013), the results and achievement of Lithuanian basketball men national team (5th place in the world ranking, 406 points; http://www.fiba.com, 2013) and of national teams of younger age groups (3rd place in the world ranking, 261 points (http://www.fiba.com, 2013) in the Olympic Games, World and European championships should be treated as exceptional phenomena. A case study of an effective training institution could help to form an assumption on the peculiarities of the long-term development program successfully implemented by the Lithuanian coaches. The relevance of the problem is influenced by the following factors: • a special meaning for the development of a personality has genuine activity in childhood and adolescence (Jovaiša, 1993; 2001); • basketball is becoming a more important social phenomena as sports results represent the country (Wilson, Spink, 2006; Sakalauskas, 2010; Paulauskas, 2010); • in order to form a training concept of young basketball players, tendencies of the training of the training and fitness of the best athletes has to be analyzed (Leonardo et al., 2002; Stonkus, 2003); • train and manage the process of young basketball players so that the best results are achieved in the most important competitions (Balyi, Williams, 2009). It is especially important for Lithuania as it has limited resources of sports talent and finance; • only the scientifically-sound optimum training program of the young basketball players (aged 7–17 years) shall allow the athletes to realize their individual potential in order to achieve results in sports, as well as to realize sensitive opportunities for the development of personality (Aksen, Gunay, 2010). Research problem: due to different training of the young basketball players and different concept of the fitness influencing the training, it is important to determine, which peculiarities of the training programs applied effectively while aiming for the best results influence the fitness of the players during different age periods. Research hypothesis: a case study of coaching of young basketball players of Sabonis Basketball Center aged 7–17 years will reveal the structure of the long-term coaching of the players. Research object: coaching of young basketball players (aged 7–17 years). Research aim: conceptualization of the peculiarities of coaching of young basketball players (aged 7–17 years). Research objectives: 1. Determine the peculiarities of the content changes and amount of load of the training programs of basketball players aged 7–17 years. 2. Evaluate the body composition indicators, physical and technical fitness of basketball players aged 7–17 years by creating the rank scales of the indicators. 3. Determine the model values of the sport performance indicators of basketball players aged 12–17 years. 4. Reveal the selection and coaching model of Sabonis Basketball Center. Originality and theoretical significance of the research As basketball is becoming a more complex sport (faster, more athletic and more versatile), the results depend on many internal and external factors (Stonkus, 2003; Wissel, 2012). Training of young basketball players has become multidimensional, systemic process as multidisciplinary knowledge, methods and measures are used. A revealed phenomenological interaction between training and fitness of young basketball players aged 7–17 years is based on the following aspects: • a selection and training model of Sabonis Basketball Center has been revealed; • a training program of young basketball players aged 7–17 years applied in Sabonis Basketball Center has been revealed; • a rank scale of body composition indicators, physical and technical fitness of young basketball players aged 7–17 years has been formed; • the most sensitive age periods for the training of motor abilities and technical skills of young basketball players have been determined; • the characteristics of sport performance of basketball players aged 12–17 years have been formed. Practical application of the research Training programs and their peculiarities for different age periods provided in this dissertation shall help Lithuanian coaches to organize, plan and implement the long-term development of young basketball players more effectively. The rank scales of young basketball players' body composition indicators, physical and technical fitness and the model indicator values of sport performance, which have been formed for the purposes of this dissertation, shall help to select and train the players, prepare them for competitions and develop the highly skilled athletes. The established sensitive age periods for the training of motor abilities and technical skills shall assist the coaches in developing the abilities of young basketball players more effectively. Conclusions 1. It was determined that aiming to develop the basic skills of basketball technique and game awareness the specialized development prevail

Research problem In the present doctoral dissertation, the problematic issues of the institute of multiple offences are analysed. Multiple offences as an institute of criminal law is characterised as involving the problems of both the qualification of criminal offences and the individualisation of criminal liability. The problems of the qualification of criminal offences are relevant, when questions of the separation of single criminal acts from multiple offences are dealt with. When the existence of multiple offences is established, it is necessary to move on to the consideration of another problem—the individualisation of criminal liability. The individualisation of criminal liability depends on the form of multiple offences. Therefore, for the formation of a uniform case-law, homogeneous and clear criteria for the differentiation of the forms of multiple offences and their separation form each other are essential. When the forms of multiple offences are defined, it is necessary to evaluate their impact on the criminal liability of the person who committed the criminal act. Of course, the key influence on criminal liability manifests through the rules of the combination of sentences; however, one should not forget other topical issues (such as sentence suspension, release from a custodial sentence on parole and the replacement of the term not served of the custodial sentence with a more lenient penalty, statute of limitations of a judgement of conviction, etc.) the solution of which in one way or another depends on the existence of multiple offences. Moreover, sometimes it is necessary to deal with the problems of the separation of multiple offences from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law). Therefore, a number of such issues constitute the problem of the present research. The implementation of the principle of legal justice depends on appropriate and unvaried solution of these issues. Topicality, originality and significance of the research Multiple offences is a rather frequent phenomenon in the Lithuanian case-law; often persons are judged for several rather than single criminal acts. However, the criminal law jurisprudence still lacks a uniform attitude towards the issues regarding multiple offences. First, there exist different definitions of the notion of multiple offences itself, different forms of multiple offences are distinguished and their interpretations change, the criteria for the separation of single criminal acts from multiple offences vary (they often depend on the type of the criminal act committed). Special attention should be paid to the process of the individualisation of criminal liability in cases of multiple offences. In the case-law, the fact that prosecutors more and more often lodge appeals against the decisions of lower instances about improper combination of sentences is observed. In the case-law, the process of the combination of sentences has become 'forgotten', as often sentences are combined only formally (by adding 3–6 months of imprisonment) without any motivations regarding the choice of the additional sentence imposed. Moreover, after the entering into force of the new Criminal Code on 1 May 2003, due to the changes in case-law and the entrenchment of new ideas in the criminal law jurisprudence, it became crucial to revise the old and well-established provisions regarding multiple offences. Thus, even if the issues of multiple offences have been analysed for a rather long time, in the present dissertation, a new approach of the author as well as of other researchers to the institute of multiple offences is presented together with general considerations (and critical evaluations) on the newly developing case-law. Furthermore, with reference to the fact that the majority of the issues regarding multiple offences (except for the imposition of sentences) are not regulated by the Criminal Code and the decision-making is left for the case-law and the criminal law jurisprudence, the present paper may have great practical significance for the constantly changing and developing Lithuanian case-law in terms of the peculiarities of multiple offences. The aim and the tasks of the research The aim of the present doctoral dissertation is to develop a uniform attitude (corresponding to the needs of the theory of criminal law and the relevant case-law) towards the institute of multiple offences and the solution of problems related to it by generalising the experience and achievements of science and case-law. The tasks of the doctoral dissertation: 1) to define the notion of the institute of multiple offences and its elements by separating it from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law); 2) to develop uniform (by generalising and concretising the existing ones or by suggesting new ones) criteria for the separation of single criminal acts from multiple offences; 3) to review the existing variety of the forms of multiple offences found in the criminal law jurisprudence and distinguish the ones which would correspond to the needs of the Lithuanian case-law as well as define them by distinguishing and describing their characteristics and developing clear and uniform criteria for their separation form each other; 4) to identify the key problems related to the influence of multiple offences on the individualisation of criminal liability as well as to suggest the most appropriate ways of solving these problems; 5) to provide suggestions for the legislator and the courts regarding the development of the institute of multiple offences and the ways of solving the problems related to it. Propositions to be defended 1) Multiple offences must be related not to the fact of committing several criminal acts but to the legal evaluation of this fact—prosecution for committing several criminal acts. 2) Repeat offence should not be considered as an independent form of multiple offences and should be evaluated from the perspective of the perpetrator's personality. 3) In case-law, the separation of single criminal acts from multiple offences is often casuistic (depends on a particular category of cases), having no clear and well-established criteria and thus violating the principle of legal justice. 4) The key attributes of single criminal acts are a violation of a direct value or the whole of values protected under a specific norm of the Criminal Code as well as a united content of guilt. 5) The case-law of the recent years, which broadens the perception of the ideal coincidence of criminal acts, forms an incoherent and exceptions-based case-law. 6) In the cases of multiple offences, the rules for sentence imposition restrict the freedom of courts and disturb the appropriate individualisation of sentences; therefore, it is crucial to improve the laws. 7) In case-law, the process of the combination of sentences is 'forgotten' and often does not properly reflect the gravity of all the criminal acts committed; therefore, changes in laws orienting courts towards the case-law appropriate from the perspective of criminal policy are a must. Research methodology For the present doctoral dissertation, various methods of scientific research were applied: logical, comparative, historical, linguistic, systemic, method of criticism, document analysis, etc. Firstly, the logical method and the method of criticism were rather widely applied in the present dissertation. The logical method was applied for making generalisations and conclusions aiming at the development of the institute of multiple offences. The method of criticism was also applied: the author criticised case-law, opinions of scholars, the lack of argumentation for such opinions, etc. The logical method and the method of criticism allowed making the final conclusions and forming suggestions regarding the changes of law and the development of case-law. A lot of attention was paid to the method of comparative analysis. It was applied for the comparison of scientific conceptions and different opinions of scholars. In order to gain experience, the laws and case-law of different foreign countries were analysed and compared. The application of the historical method allowed revealing the drawbacks of the former laws and case-law (under the Criminal Code of 1961) as well as reviewing the origin of the institute of multiple offences and the history of certain terms. The linguistic method was applied for the analysis of the denominations of the forms of multiple offences (ideal and real coincidence of criminal acts) and the consideration of their ability to convey the actual meaning. A different variant of these terms, which linguistically better corresponds to the meaning of the forms of multiple offences, was suggested. For the present research, the systemic method was applied as well. It allowed revealing the structure of the institute of multiple offences, its elements, their interrelation and the place in the system of the bases for criminal liability. By applying this method, the drawbacks of certain notions as well as the use of excessive elements were identified. The main method applied for the research was the method of document analysis. As even the case-law of the Supreme Court of Lithuania contains rather numerous incongruities and contradictions, namely the rulings, decisions and summary reviews of the case-law of this court passed during the term of the Criminal Codes of 1961 as well as of 2003 being in force were chosen as the key source. However, the scope of analysis was not limited to the case-law of the Supreme Court of Lithuania. The case-law of the European Court of Human Rights, the Court of Appeal of Lithuania, the Vilnius and Panevežys Regional Courts as well as the District Court of Šiauliai Region was analysed. Structure and review of the doctoral dissertation, main conclusions The dissertation is c

Research problem In the present doctoral dissertation, the problematic issues of the institute of multiple offences are analysed. Multiple offences as an institute of criminal law is characterised as involving the problems of both the qualification of criminal offences and the individualisation of criminal liability. The problems of the qualification of criminal offences are relevant, when questions of the separation of single criminal acts from multiple offences are dealt with. When the existence of multiple offences is established, it is necessary to move on to the consideration of another problem—the individualisation of criminal liability. The individualisation of criminal liability depends on the form of multiple offences. Therefore, for the formation of a uniform case-law, homogeneous and clear criteria for the differentiation of the forms of multiple offences and their separation form each other are essential. When the forms of multiple offences are defined, it is necessary to evaluate their impact on the criminal liability of the person who committed the criminal act. Of course, the key influence on criminal liability manifests through the rules of the combination of sentences; however, one should not forget other topical issues (such as sentence suspension, release from a custodial sentence on parole and the replacement of the term not served of the custodial sentence with a more lenient penalty, statute of limitations of a judgement of conviction, etc.) the solution of which in one way or another depends on the existence of multiple offences. Moreover, sometimes it is necessary to deal with the problems of the separation of multiple offences from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law). Therefore, a number of such issues constitute the problem of the present research. The implementation of the principle of legal justice depends on appropriate and unvaried solution of these issues. Topicality, originality and significance of the research Multiple offences is a rather frequent phenomenon in the Lithuanian case-law; often persons are judged for several rather than single criminal acts. However, the criminal law jurisprudence still lacks a uniform attitude towards the issues regarding multiple offences. First, there exist different definitions of the notion of multiple offences itself, different forms of multiple offences are distinguished and their interpretations change, the criteria for the separation of single criminal acts from multiple offences vary (they often depend on the type of the criminal act committed). Special attention should be paid to the process of the individualisation of criminal liability in cases of multiple offences. In the case-law, the fact that prosecutors more and more often lodge appeals against the decisions of lower instances about improper combination of sentences is observed. In the case-law, the process of the combination of sentences has become 'forgotten', as often sentences are combined only formally (by adding 3–6 months of imprisonment) without any motivations regarding the choice of the additional sentence imposed. Moreover, after the entering into force of the new Criminal Code on 1 May 2003, due to the changes in case-law and the entrenchment of new ideas in the criminal law jurisprudence, it became crucial to revise the old and well-established provisions regarding multiple offences. Thus, even if the issues of multiple offences have been analysed for a rather long time, in the present dissertation, a new approach of the author as well as of other researchers to the institute of multiple offences is presented together with general considerations (and critical evaluations) on the newly developing case-law. Furthermore, with reference to the fact that the majority of the issues regarding multiple offences (except for the imposition of sentences) are not regulated by the Criminal Code and the decision-making is left for the case-law and the criminal law jurisprudence, the present paper may have great practical significance for the constantly changing and developing Lithuanian case-law in terms of the peculiarities of multiple offences. The aim and the tasks of the research The aim of the present doctoral dissertation is to develop a uniform attitude (corresponding to the needs of the theory of criminal law and the relevant case-law) towards the institute of multiple offences and the solution of problems related to it by generalising the experience and achievements of science and case-law. The tasks of the doctoral dissertation: 1) to define the notion of the institute of multiple offences and its elements by separating it from other similar institutes of criminal law (repeat offence, competition between the norms of criminal law); 2) to develop uniform (by generalising and concretising the existing ones or by suggesting new ones) criteria for the separation of single criminal acts from multiple offences; 3) to review the existing variety of the forms of multiple offences found in the criminal law jurisprudence and distinguish the ones which would correspond to the needs of the Lithuanian case-law as well as define them by distinguishing and describing their characteristics and developing clear and uniform criteria for their separation form each other; 4) to identify the key problems related to the influence of multiple offences on the individualisation of criminal liability as well as to suggest the most appropriate ways of solving these problems; 5) to provide suggestions for the legislator and the courts regarding the development of the institute of multiple offences and the ways of solving the problems related to it. Propositions to be defended 1) Multiple offences must be related not to the fact of committing several criminal acts but to the legal evaluation of this fact—prosecution for committing several criminal acts. 2) Repeat offence should not be considered as an independent form of multiple offences and should be evaluated from the perspective of the perpetrator's personality. 3) In case-law, the separation of single criminal acts from multiple offences is often casuistic (depends on a particular category of cases), having no clear and well-established criteria and thus violating the principle of legal justice. 4) The key attributes of single criminal acts are a violation of a direct value or the whole of values protected under a specific norm of the Criminal Code as well as a united content of guilt. 5) The case-law of the recent years, which broadens the perception of the ideal coincidence of criminal acts, forms an incoherent and exceptions-based case-law. 6) In the cases of multiple offences, the rules for sentence imposition restrict the freedom of courts and disturb the appropriate individualisation of sentences; therefore, it is crucial to improve the laws. 7) In case-law, the process of the combination of sentences is 'forgotten' and often does not properly reflect the gravity of all the criminal acts committed; therefore, changes in laws orienting courts towards the case-law appropriate from the perspective of criminal policy are a must. Research methodology For the present doctoral dissertation, various methods of scientific research were applied: logical, comparative, historical, linguistic, systemic, method of criticism, document analysis, etc. Firstly, the logical method and the method of criticism were rather widely applied in the present dissertation. The logical method was applied for making generalisations and conclusions aiming at the development of the institute of multiple offences. The method of criticism was also applied: the author criticised case-law, opinions of scholars, the lack of argumentation for such opinions, etc. The logical method and the method of criticism allowed making the final conclusions and forming suggestions regarding the changes of law and the development of case-law. A lot of attention was paid to the method of comparative analysis. It was applied for the comparison of scientific conceptions and different opinions of scholars. In order to gain experience, the laws and case-law of different foreign countries were analysed and compared. The application of the historical method allowed revealing the drawbacks of the former laws and case-law (under the Criminal Code of 1961) as well as reviewing the origin of the institute of multiple offences and the history of certain terms. The linguistic method was applied for the analysis of the denominations of the forms of multiple offences (ideal and real coincidence of criminal acts) and the consideration of their ability to convey the actual meaning. A different variant of these terms, which linguistically better corresponds to the meaning of the forms of multiple offences, was suggested. For the present research, the systemic method was applied as well. It allowed revealing the structure of the institute of multiple offences, its elements, their interrelation and the place in the system of the bases for criminal liability. By applying this method, the drawbacks of certain notions as well as the use of excessive elements were identified. The main method applied for the research was the method of document analysis. As even the case-law of the Supreme Court of Lithuania contains rather numerous incongruities and contradictions, namely the rulings, decisions and summary reviews of the case-law of this court passed during the term of the Criminal Codes of 1961 as well as of 2003 being in force were chosen as the key source. However, the scope of analysis was not limited to the case-law of the Supreme Court of Lithuania. The case-law of the European Court of Human Rights, the Court of Appeal of Lithuania, the Vilnius and Panevežys Regional Courts as well as the District Court of Šiauliai Region was analysed. Structure and review of the doctoral dissertation, main conclusions The dissertation is c

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system