Suchergebnisse

Article analyzes concept of academic honesty, system of penalties for violations of academic ethics, which is established in national legislation and Kaunas University of Applied Engineering Sciences, as well as relation between penalty system and extent of academic (dis)honesty. Based on data collected by social research, article analyzes application of the principle of academic honesty in the University. Study concludes that penalty system of the University does not fully meet needs and beliefs of academic community, therefore, does not effectively support the implementation of principle of academic honesty. Currently, 162 principle of academic honesty is not fully realized in the University, therefore, violations of this principle and cases of concealment occur in the educational institution. Article presents suggestions on how to improve the implementation of the principle of academic honesty in the University.

Article analyzes concept of academic honesty, system of penalties for violations of academic ethics, which is established in national legislation and Kaunas University of Applied Engineering Sciences, as well as relation between penalty system and extent of academic (dis)honesty. Based on data collected by social research, article analyzes application of the principle of academic honesty in the University. Study concludes that penalty system of the University does not fully meet needs and beliefs of academic community, therefore, does not effectively support the implementation of principle of academic honesty. Currently, 162 principle of academic honesty is not fully realized in the University, therefore, violations of this principle and cases of concealment occur in the educational institution. Article presents suggestions on how to improve the implementation of the principle of academic honesty in the University.

This master's thesis analyze the criterias of a principle of good faith in personal bankruptcy. The objectives of this thesis are the determination of a content and extent of a principle of good faith in personal bankruptcy and formulation of objective and subjective criteria of above mentioned principle. The investigation revealed that a principle of good faith anchored in Law on Personal Bankruptcy of Republic of Lithuania is specifically defined. Notwithstanding it was found that in some cases the concept of a principle of good faith formed by court of cassation do not match the regulation of the law. It was found that the concept of a principle of good faith is not uniformly defined in the norms of Law on Personal Bankruptcy of Republic of Lithuania. Considering this the proposal for some legislative amendments are set out in this thesis.

This master's thesis analyze the criterias of a principle of good faith in personal bankruptcy. The objectives of this thesis are the determination of a content and extent of a principle of good faith in personal bankruptcy and formulation of objective and subjective criteria of above mentioned principle. The investigation revealed that a principle of good faith anchored in Law on Personal Bankruptcy of Republic of Lithuania is specifically defined. Notwithstanding it was found that in some cases the concept of a principle of good faith formed by court of cassation do not match the regulation of the law. It was found that the concept of a principle of good faith is not uniformly defined in the norms of Law on Personal Bankruptcy of Republic of Lithuania. Considering this the proposal for some legislative amendments are set out in this thesis.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

This paper seeks to answer, whether lawyer's duty of confidentiality is absolute and compatible with lawyer's honesty. The paper presents a research, the purpose of which was to analyze characteristics of the lawyer's duty of confidentiality in the national and international legislation, case-law and legal literature, as well as to discuss the relation between the lawyer-client confidentiality and lawyer's duty of honesty. The scope of this paper does not include the lawyer-client confidentiality of in-house lawyers and protection of classified documents. This subject has not been widely examined in professional literature and legislation of the Republic of Lithuania. To author's knowledge, the lawyer's duty of confidentiality is discussed, among others, in master thesis of Ms. Trakanavičienė Is the Duty of Confidentiality Placed upon Mediators Absolute? and master thesis of Ms. Miniotaitė If Loyalty to the Client Does Not Violate Lawyer's Professional Ethics?, however, these papers cover the subject to a limited extent. They do not analyze exemptions to lawyer's duty of confidentiality, the relation between the lawyer-client confidentiality and lawyer's duty of honesty, neither focus on related substantive concern areas in the Lithuanian legislation. Lawyer's duty of confidentiality usually receives considerable attention abroad, especially in the United States. There are numerous books and papers, examining the questions related thereto, such as James E. Moliterno Professional Responsibility, W. Brandley Wendel Professional Responsibility: Examples & Explanations, and many others. The fact itself that this subject has not been covered widely by Lithuanian authors proves its novelty. The relevance of this paper is confirmed by the fact, that modern states around the world have been increasingly establishing some forms of exemptions to lawyer's duty of confidentiality in their national legislation, and the discussions about this duty have been gaining growing importance in legal communities. In the legislation of the countries, where the abovementioned exemptions apply, the general rules of conduct oblige lawyers to keep all confidential information received from the client as professional secrecy and keep it undisclosed to third parties. In such cases the confidential information may only by subject to disclosure upon client's consent. Whereas the exemption provisions allow for lawyer's relevant right or duty to disclose certain confidential information disregarding the client's interests. This is where the general rules of conduct and exemptions thereto clash on certain aspects. Therefore one needs to answer the question, whether the lawyer's duty of confidentiality is absolute and whether it is compatible with the duty of honesty.

Our study is directed toward the examination of attitudinal grounds of political decision-making among young (≤ 24 years old) Lithuanian voters in the national parliamentary elections. The focus is on their attitudes regarding politically specific evaluative dimensions (competence, honesty and leadership). To estimate the prognostic values of explicit/implicit attitudes toward different Lithuanian political parties, we asked participants to fill out a questionnaire and to perform three sets of ST-IATs respectively. Due to the low voting diversity among participants, an elaborate data analysis could only be conducted regarding two Lithuanian parties: the Liberal Movement (LRLS) and Homeland Union – Lithuanian Christian Democrats (TS-LKD). The results of our study suggest that explicit attitudes are more important than implicit attitudes in predicting voting behavior. We found that positive explicit and positive implicit attitudes toward the LRLS competence and leadership, respectively, predicted the decision to vote for this party (reference group: non-voters). On the same note, our findings suggest that positive explicit and implicit attitudes toward the TS-LKD honesty predicted the decision to vote for this party (reference group: non-voters). Positive implicit attitudes toward the party's competence also predicted this decision. Finally, we found that political sophistication was an important factor by only considering explicit attitudes toward TS-LKD. Namely, the increase of explicit attitudes' prognostic power on the decision to vote for TS-LKD was associated with the decrease of voters' political sophistication (reference group: non-voters).

Our study is directed toward the examination of attitudinal grounds of political decision-making among young (≤ 24 years old) Lithuanian voters in the national parliamentary elections. The focus is on their attitudes regarding politically specific evaluative dimensions (competence, honesty and leadership). To estimate the prognostic values of explicit/implicit attitudes toward different Lithuanian political parties, we asked participants to fill out a questionnaire and to perform three sets of ST-IATs respectively. Due to the low voting diversity among participants, an elaborate data analysis could only be conducted regarding two Lithuanian parties: the Liberal Movement (LRLS) and Homeland Union – Lithuanian Christian Democrats (TS-LKD). The results of our study suggest that explicit attitudes are more important than implicit attitudes in predicting voting behavior. We found that positive explicit and positive implicit attitudes toward the LRLS competence and leadership, respectively, predicted the decision to vote for this party (reference group: non-voters). On the same note, our findings suggest that positive explicit and implicit attitudes toward the TS-LKD honesty predicted the decision to vote for this party (reference group: non-voters). Positive implicit attitudes toward the party's competence also predicted this decision. Finally, we found that political sophistication was an important factor by only considering explicit attitudes toward TS-LKD. Namely, the increase of explicit attitudes' prognostic power on the decision to vote for TS-LKD was associated with the decrease of voters' political sophistication (reference group: non-voters).

Our study is directed toward the examination of attitudinal grounds of political decision-making among young (≤ 24 years old) Lithuanian voters in the national parliamentary elections. The focus is on their attitudes regarding politically specific evaluative dimensions (competence, honesty and leadership). To estimate the prognostic values of explicit/implicit attitudes toward different Lithuanian political parties, we asked participants to fill out a questionnaire and to perform three sets of ST-IATs respectively. Due to the low voting diversity among participants, an elaborate data analysis could only be conducted regarding two Lithuanian parties: the Liberal Movement (LRLS) and Homeland Union – Lithuanian Christian Democrats (TS-LKD). The results of our study suggest that explicit attitudes are more important than implicit attitudes in predicting voting behavior. We found that positive explicit and positive implicit attitudes toward the LRLS competence and leadership, respectively, predicted the decision to vote for this party (reference group: non-voters). On the same note, our findings suggest that positive explicit and implicit attitudes toward the TS-LKD honesty predicted the decision to vote for this party (reference group: non-voters). Positive implicit attitudes toward the party's competence also predicted this decision. Finally, we found that political sophistication was an important factor by only considering explicit attitudes toward TS-LKD. Namely, the increase of explicit attitudes' prognostic power on the decision to vote for TS-LKD was associated with the decrease of voters' political sophistication (reference group: non-voters).

Our study is directed toward the examination of attitudinal grounds of political decision-making among young (≤ 24 years old) Lithuanian voters in the national parliamentary elections. The focus is on their attitudes regarding politically specific evaluative dimensions (competence, honesty and leadership). To estimate the prognostic values of explicit/implicit attitudes toward different Lithuanian political parties, we asked participants to fill out a questionnaire and to perform three sets of ST-IATs respectively. Due to the low voting diversity among participants, an elaborate data analysis could only be conducted regarding two Lithuanian parties: the Liberal Movement (LRLS) and Homeland Union – Lithuanian Christian Democrats (TS-LKD). The results of our study suggest that explicit attitudes are more important than implicit attitudes in predicting voting behavior. We found that positive explicit and positive implicit attitudes toward the LRLS competence and leadership, respectively, predicted the decision to vote for this party (reference group: non-voters). On the same note, our findings suggest that positive explicit and implicit attitudes toward the TS-LKD honesty predicted the decision to vote for this party (reference group: non-voters). Positive implicit attitudes toward the party's competence also predicted this decision. Finally, we found that political sophistication was an important factor by only considering explicit attitudes toward TS-LKD. Namely, the increase of explicit attitudes' prognostic power on the decision to vote for TS-LKD was associated with the decrease of voters' political sophistication (reference group: non-voters).

Trust in civil service is considered as the main condition for progress and prosperity in every country. The article analyzes civil service, which has a special legal status and the main responsibility for public administration in Lithuania. According to theoretical insights, trust in civil service can be defined as institutional level trust of civil servants, who have a legal status and implements public administration; it is formed on the use of public/administrative services or non-use basis and is characterized by low (civil servant vs. user) mutual knowledge, dependence and continuity. The main factors, which affects trust in civil service is honesty, interest, openness, justice, obligations and competence. The answers of EUPAN country experts showed that the main factors determining trust in civil service in European countries (Latvia, Estonia, Poland, Sweden, Finland, Croatia and the European Commission) is the image of civil service, the future prospects for cooperation, the pursuance of Code of Ethics, honesty, economic and social environment variability, suitability of civil servants to hold public office, quality of services, efficiency and dissemination of information. The factors found in the answers in the first part of the study were checked statistically with the public survey data in the case of Lithuania. The correlational analysis revealed that in Lithuania statistically significant correlations between trust other variables are observed in case of the image of civil service, economic situation of the country, suitability of civil servants to hold public office, the quality of services, integrity and dissemination of information. Meanwhile statistically insignificant factors were found to be cooperation and the pursuance of Code of Ethics, the country's social situation and contacting a public servant.

Trust in civil service is considered as the main condition for progress and prosperity in every country. The article analyzes civil service, which has a special legal status and the main responsibility for public administration in Lithuania. According to theoretical insights, trust in civil service can be defined as institutional level trust of civil servants, who have a legal status and implements public administration; it is formed on the use of public/administrative services or non-use basis and is characterized by low (civil servant vs. user) mutual knowledge, dependence and continuity. The main factors, which affects trust in civil service is honesty, interest, openness, justice, obligations and competence. The answers of EUPAN country experts showed that the main factors determining trust in civil service in European countries (Latvia, Estonia, Poland, Sweden, Finland, Croatia and the European Commission) is the image of civil service, the future prospects for cooperation, the pursuance of Code of Ethics, honesty, economic and social environment variability, suitability of civil servants to hold public office, quality of services, efficiency and dissemination of information. The factors found in the answers in the first part of the study were checked statistically with the public survey data in the case of Lithuania. The correlational analysis revealed that in Lithuania statistically significant correlations between trust other variables are observed in case of the image of civil service, economic situation of the country, suitability of civil servants to hold public office, the quality of services, integrity and dissemination of information. Meanwhile statistically insignificant factors were found to be cooperation and the pursuance of Code of Ethics, the country's social situation and contacting a public servant.

Trust in civil service is considered as the main condition for progress and prosperity in every country. The article analyzes civil service, which has a special legal status and the main responsibility for public administration in Lithuania. According to theoretical insights, trust in civil service can be defined as institutional level trust of civil servants, who have a legal status and implements public administration; it is formed on the use of public/administrative services or non-use basis and is characterized by low (civil servant vs. user) mutual knowledge, dependence and continuity. The main factors, which affects trust in civil service is honesty, interest, openness, justice, obligations and competence. The answers of EUPAN country experts showed that the main factors determining trust in civil service in European countries (Latvia, Estonia, Poland, Sweden, Finland, Croatia and the European Commission) is the image of civil service, the future prospects for cooperation, the pursuance of Code of Ethics, honesty, economic and social environment variability, suitability of civil servants to hold public office, quality of services, efficiency and dissemination of information. The factors found in the answers in the first part of the study were checked statistically with the public survey data in the case of Lithuania. The correlational analysis revealed that in Lithuania statistically significant correlations between trust other variables are observed in case of the image of civil service, economic situation of the country, suitability of civil servants to hold public office, the quality of services, integrity and dissemination of information. Meanwhile statistically insignificant factors were found to be cooperation and the pursuance of Code of Ethics, the country's social situation and contacting a public servant.

The issue is analyzed in the master's thesis whether the court can obligate the parties to conclude the contract. It is a kind of issue which has been hardly analyzed in the juridical doctrine of Lithuania; it is mostly restricted to stating such a right of the courts and it is not gone into further details; there is a lack of certainly defined systemized analysis of this issue; therefore the purpose of this thesis would be to analyze a possibility of the court to obligate the parties to conclude the contract. The work consists of three main parts. In the first part, the concept of the contract freedom principle and possibilities of its limitation are presented. One of the strictest limitations of this principle is a right given to the court to obligate the parties to conclude the contract. This limitation on a basis of the laws is only possible in case of imperative regulations of the law which consolidate this right and in case the party itself obligates to conclude the contract. The juridical doctrine distinguishes one more circumstance of limiting the contract freedom principle – infringement of the honesty principle without concluding the contract. In case the court obligates the parties to conclude the contract, it is both important to follow the balance principle of the parties' interests and reasonably intervene in the contractual relations, as otherwise the state can have tortuous responsibility because of harm done to the people by illegal actions of the courts in civil cases. In the second and main part of the thesis, a possibility of the court of obligating the parties to conclude the contract in the context of these three circumstances is analyzed. Such a circumstance as the obligation by the party itself to conclude the contract (conclusion of the preliminary contract) is consolidated in the law as the factor which limits the contract freedom principle, but the court cannot obligate the parties to conclude the preliminary contract (including a specific form of the preliminary contract – the preliminary contract of buying-selling the future dwelling-house or flat). As the consequence of non-executing the preliminary contract is the compensation of a negative interest (interest of concluding the main contract) its purpose would be lost if it was executed by force. In case there is a law which foresees a possibility for the court to obligate the parties to conclude the contract, the court really has this right, but it is not an unconditional right; each type of the discussed contracts has their obligatory provisions under which the court can obligate the countries to conclude the contract. The following types of contracts are discussed in the thesis: public contracts, obligatory sale of stocks (shares, divvies) (chapter IX of book 2 of the Civil Code of the Republic of Lithuania), obligatory purchase and sale of stocks consolidated in article 37 of the Law of Securities (the commented article does not give the court a right to obligate the parties to conclude the stock purchase-sale contract, but it foresees a simpler obligatory procedure of transferring the property right to the stocks) and labor contracts in case part 1 of article 96 of the Labor Code of the Republic of Lithuania is infringed which provision consolidated in the regulation enables the court to obligate the parties to conclude the contract. The last factor which limits the contract freedom principle is the infringement of the honesty principle without concluding the contract; it is not an independent factor in the practice of the courts of Lithuania on which base it would be possible to obligate the parties to conclude the contract. Meanwhile, the European Court of Justice holds an absolutely opposite position about this issue and the refusal of concluding the contract is considered illegal in case the honesty principle is infringed without concluding the contract. The work recommendation is presented here: the position of the both contract parties is not always equal; therefore it is necessary to develop a system which enables the state intervening the contractual relations of the parties in case the interests of a weaker party are infringed; and it is not only done in case the laws allow it but also in case of infringing the general honesty principle. In Lithuania one more circumstance should be consolidated by the regulations of the law: infringement of the honesty principle without concluding the contract as it limits the contract freedom principle in a permissible way. This is the only way to expand the competence of the court to obligate the parties to conclude the contract which can reach the most efficient results when defending the rights of the weak contract party. After presenting the analysis of the right given to the courts to obligate the parties to conclude the contract, it is also important to mention responsibility of the state because of illegal use of the right to obligate the parties to conclude the contract by the courts. So, in the third and last part of the thesis, the concept of tortuous responsibility of the state because of harm done to the people by illegal actions of the judges or courts in civil cases at the national level and the juridical level of the European Union is presented. Tortuous responsibility of the state because of harm done to the person by illegal actions of the judges in civil cases at the juridical level of Lithuania can be hardly found, as it is difficult to prove the obligatory condition for responsibility – the judge's fault (intentionally), especially in case the courts and legislation holds the position the annulment of the judgment at a higher instance court does not mean the judge performed guilty actions. After Lithuania became a member of the European Union, there is a possibility of arraigning the state-member because of harm done to private people by actions of the national courts. When the European Court of Justice checks the validity of the last-instance judgments made by the national courts of the states-members and acknowledges the decision invalid and the obligatory conditions are met, the state is arraigned and the decision made on its basis is executed in the state-member according to the national law.