The free movement of goods is the most successful project in European Community. It is an important part of the internal market described in EC treaty as follows: the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty. It is necessary to ensure the appropriate application of principles of free movement goods in European Community. Only this way it is possible to ensure fair competition among states companies and keep internal market competitive to the rest of the world. For the majority of products, EU countries have adopted the principle of mutual recognition of national rules. Any product legally manufactured and sold in one member state must be allowed to be placed on the market in all others. Articles 34 and 35 of the Treaty on Functioning of European Union deals with the prohibition of quantitative restrictions and measures having an equivalent effect to quantitative restrictions on imports and exports. Measures having an equivalent effect to quantitative restrictions mean laws, regulations, administrative provisions, administrative practices, and all instruments issuing from a public authority including recommendation which have similar effect to quantitative restrictions. These articles are a leading tool to deal with elimination of technical barriers which are the most dangerous to free movement of goods notion. Only on the grounds of Article 36 there is a possibility to restrain free movement of goods on public grounds, such as public morality, public policy or public security; the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historical or archaeological value. Apart from the exceptions in Article 36 the ECJ has also described the mandatory requirements for Member States they should impose on the free movement of goods such as the consumer protection, the environmental protection, etc. Road safety was named as one of the mandatory requirements by ECJ in several cases. The Court has also acknowledged that road safety constitutes an overriding reason in the public interest capable of justifying a hindrance to the free movement of goods. By prohibiting the registration of passenger cars whose steering wheel is mounted on the right-hand side and/or requiring prior to registration that a steering wheel mounted on the right-hand side of a new passenger car or of a passenger car previously registered in another Member State be transferred to the left-hand side, the Republic of Lithuania has failed to fulfill its obligations under Council Directive 70/311/EEC. Under legal measures of the Republic of Lithuania it is not permitted to register passenger cars with the steering equipment on the right-hand side, although such cars satisfy all the requirements laid down in EU Directive 2007/46/EC. On 29 April 2009 Directive 2007/46/EC repealed and amended by Directive 70/156/EEC. The Member States had to transpose the provisions of Directive 2007/46/EC into national law before 29 April 2009 but Lithuania failed to fulfill their obligations. Article 34 of TFEU, which prohibits quantitative restrictions on trade and all measures having equivalent effect, is applicable to such prohibitions. On the basis of settled case-law of the Court of Justice, legal measures of the Member States, which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union, are to be considered measures having an effect equivalent to quantitative restrictions on trade. The refusal to register passenger cars with the steering wheel on the right-hand side in the Republic of Lithuania is not an appropriate means of ensuring road safety. In the Commission's view, a car with the steering wheel on the right-hand side does not give rise to road-safety problems, but the driver must get accustomed to driving a car with the steering equipment on the right-hand side on the right-hand side of the road so that the driving of such a car does not give rise to danger for other road users. Lithuanian authorities created prohibition to register a right-hand drive vehicles by stating that these vehicles will reduce traffic safety situation in state, but they cannot produce any kind of scientific prove for these arguments. The goal of state authorities to ensure traffic, human and public safety by applying this ban of vehicle registration, are only in theory, because in practice this kind of problem does not exist. There appears to be an assumption in Canada that in a predominantly left-hand-drive environment, a right-hand-drive vehicle is simply too dangerous to operate. Some say a lack of available claims data exists to disprove such an assumption. In fact, right-hand-drive vehicles have been safely operating on Canadian roads for more than 30 years, according to the Transport Safety Commission. From collector vehicles to Canada Post delivery trucks and garbage disposal trucks, tens of thousands of right-hand-drive vehicles are on Canadian roads on any given day. No significant claims statistics suggest these vehicles are any more dangerous to drive than LHD(left-hand drive) counterparts. By analyzing the situation of other countries on this matter, such as England or Canada, undoubted conclusion comes up: there is no greater risk to operate right-hand drive vehicle in a predominantly left-hand-drive environment, it just takes time and more skills to get used to it. Therefore, by this statement Lithuania's position to ban right-hand drive vehicles is absolutely unproportional against the goals they are trying to reach.
The free movement of goods is the most successful project in European Community. It is an important part of the internal market described in EC treaty as follows: the internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured in accordance with the provisions of this Treaty. It is necessary to ensure the appropriate application of principles of free movement goods in European Community. Only this way it is possible to ensure fair competition among states companies and keep internal market competitive to the rest of the world. For the majority of products, EU countries have adopted the principle of mutual recognition of national rules. Any product legally manufactured and sold in one member state must be allowed to be placed on the market in all others. Articles 34 and 35 of the Treaty on Functioning of European Union deals with the prohibition of quantitative restrictions and measures having an equivalent effect to quantitative restrictions on imports and exports. Measures having an equivalent effect to quantitative restrictions mean laws, regulations, administrative provisions, administrative practices, and all instruments issuing from a public authority including recommendation which have similar effect to quantitative restrictions. These articles are a leading tool to deal with elimination of technical barriers which are the most dangerous to free movement of goods notion. Only on the grounds of Article 36 there is a possibility to restrain free movement of goods on public grounds, such as public morality, public policy or public security; the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historical or archaeological value. Apart from the exceptions in Article 36 the ECJ has also described the mandatory requirements for Member States they should impose on the free movement of goods such as the consumer protection, the environmental protection, etc. Road safety was named as one of the mandatory requirements by ECJ in several cases. The Court has also acknowledged that road safety constitutes an overriding reason in the public interest capable of justifying a hindrance to the free movement of goods. By prohibiting the registration of passenger cars whose steering wheel is mounted on the right-hand side and/or requiring prior to registration that a steering wheel mounted on the right-hand side of a new passenger car or of a passenger car previously registered in another Member State be transferred to the left-hand side, the Republic of Lithuania has failed to fulfill its obligations under Council Directive 70/311/EEC. Under legal measures of the Republic of Lithuania it is not permitted to register passenger cars with the steering equipment on the right-hand side, although such cars satisfy all the requirements laid down in EU Directive 2007/46/EC. On 29 April 2009 Directive 2007/46/EC repealed and amended by Directive 70/156/EEC. The Member States had to transpose the provisions of Directive 2007/46/EC into national law before 29 April 2009 but Lithuania failed to fulfill their obligations. Article 34 of TFEU, which prohibits quantitative restrictions on trade and all measures having equivalent effect, is applicable to such prohibitions. On the basis of settled case-law of the Court of Justice, legal measures of the Member States, which are capable of hindering, directly or indirectly, actually or potentially, trade within the European Union, are to be considered measures having an effect equivalent to quantitative restrictions on trade. The refusal to register passenger cars with the steering wheel on the right-hand side in the Republic of Lithuania is not an appropriate means of ensuring road safety. In the Commission's view, a car with the steering wheel on the right-hand side does not give rise to road-safety problems, but the driver must get accustomed to driving a car with the steering equipment on the right-hand side on the right-hand side of the road so that the driving of such a car does not give rise to danger for other road users. Lithuanian authorities created prohibition to register a right-hand drive vehicles by stating that these vehicles will reduce traffic safety situation in state, but they cannot produce any kind of scientific prove for these arguments. The goal of state authorities to ensure traffic, human and public safety by applying this ban of vehicle registration, are only in theory, because in practice this kind of problem does not exist. There appears to be an assumption in Canada that in a predominantly left-hand-drive environment, a right-hand-drive vehicle is simply too dangerous to operate. Some say a lack of available claims data exists to disprove such an assumption. In fact, right-hand-drive vehicles have been safely operating on Canadian roads for more than 30 years, according to the Transport Safety Commission. From collector vehicles to Canada Post delivery trucks and garbage disposal trucks, tens of thousands of right-hand-drive vehicles are on Canadian roads on any given day. No significant claims statistics suggest these vehicles are any more dangerous to drive than LHD(left-hand drive) counterparts. By analyzing the situation of other countries on this matter, such as England or Canada, undoubted conclusion comes up: there is no greater risk to operate right-hand drive vehicle in a predominantly left-hand-drive environment, it just takes time and more skills to get used to it. Therefore, by this statement Lithuania's position to ban right-hand drive vehicles is absolutely unproportional against the goals they are trying to reach.
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
Presentation of the study. Analysed issues. Relevance of the topic. The Legal regulation of gambling differs across Europe and the world. Some jurisdictions have liberal gambling regulation where operators are free to engage in the betting and gaming business, other jurisdictions enjoy a gambling monopoly. Those countries which have state gambling monopolies participate in gambling through state-owned enterprises or through private concession-based operators. The Scandinavian countries also have long standing gambling monopolies and all gambling revenues are returned back into society to finance state budgets or public projects. Having followed the consequent Nordic tradition during the interwar period, after the restoration of independence Lithuania, Latvia and Estonia (with certain exceptions) chose a completely different gaming regulatory approach. These jurisdictions chose a fairly liberal and also unique gambling regulation. The Lithuanian, Latvian and Estonian gambling regulators acknowledge that these countries can not be classified within any gambling legal regulatory system. Certain conceptual problems that are endemic in gaming legal regulation in Lithuania and Baltics were observed by the author while working as a legal practitioner. Since then, through becoming more and more involved in gambling legal regulation and through the observation of foreign law, the author began to think about what might constitute ideal gambling regulation guidelines, and began encouraging the students of Mykolas Romeris University to carry out investigations into ideal gambling legal regulation in their Master theses. In this way, the problem of the selection of the gambling regulatory regime most advantageous to the public came to be crystallised, later forming the axis of this thesis. Is there an ideal legal regulation for gambling at all and what form should this legal regulation take? These reasons led to a comparative legal study – in which the gambling regulatory features in Scandinavia and the Baltic states were compared. As the Scandinavian and Baltic states represent two major approaches to the regulation of the gaming market – a market monopoly (in Scandinavia) and a liberal, competition-based regulation (in Baltic states), the separate issue under investigation were the pros and cons of each of these regulatory approaches. It has to be noted that a gambling monopoly is not just a legal concept enabling the exclusive entity to organize and provide gambling services. The monopoly is also a socio-economic category, whose consequences to the market and the public can be measured. For this reason, the analysis in the thesis touched not only on the legal but also the socio-economic peculiarities of gambling regulation. State and society benefits were also under evaluation, as legally they have to offset an indisputably negative attribute of gambling – it's addictiveness. Thus, this dissertation assesses whether there is a legal basis to assert that the monopoly, based on Nordic gambling regulation traditions, is more proactive (or defective) than the free market based gambling regulations followed in the Baltic States, in terms of the legal, social and economic aspects of these two alternative gaming market regulation methods. The relevance of the study, in particular, is founded on the existing conceptual problems faced by the current Lithuanian legal regulation regarding games of chance. During the nine years of its gambling regulation practice, the Republic of Lithuania has been unable to develop an effective gambling regulatory model that could effectively combine public (society's and state's) and private (gambling operators') interests. The current situation is evidence of the fact that public interest in the gaming sector is not legally covered and protected. The current legislation neither foresees public protection against the harmful effects of gambling, nor regulates public self protection. There are no legal measures of protection in Lithuania that would allow for personal self exclusion from casinos and other gambling venues. The public interest of the government is not protected from the economic point of view. Gambling tax collection and distribution in Lithuania is not effective. Data from 2008 showed that Lithuania had the lowest aggregate gambling tax collection in the region. In contrast, the study showed that the gambling turnover in Lithuania was the largest among the Baltic countries. This shows that the gambling business does not face any real restrictions with regards to its operations. Lithuania lacks legal mechanisms to either regulate the working hours of gaming establishments, or their places of establishment. The dissertation tackles this problem by offering a concrete option - the establishment of a state gambling and lottery monopoly. Monopolistic state participation in the gambling business (the Scandinavian model) guarantees not only the state revenue collected in the form of taxes, it also makes it possible to claim for full gambling generated income (profit). The raising of state revenue is of perpetual relevance to every jurisdiction, especially in the presence of a global financial crisis. The financial difficulties currently met by the Baltic States add additional relevance to this dissertation. The relevance of the thesis is not only contingent on the solution offered to conceptual problems in the field of gambling and the increasing of public revenue. The thesis also evaluates the legitimacy of the monopoly. If sovereign jurisdictions are free to choose a gambling regulatory method, legal problems have occasion to arise when the particular method chosen does not correspond with international legal obligations. For example, article 43 of the Treaty on European Community regulates the freedom of establishment within the EC. Article 49 prohibits restrictions on the provision of services to another Member state of the Community. The infringement of the aforementioned articles is often addressed to states in which legal regulation of gambling is based on a state monopoly. The dissertation provides response to the question of whether gambling monopolies are legal. Due to the international nature of the topic of the dissertation, it is relevant not only in Lithuania, but also Latvia, Estonia and those other Scandinavian countries which are currently concerned with the dilemma of maintaining a monopoly or opening it. The last, but most important, elements which determine the permanent topicality of this paper are the legal aspects of gambling addiction prevention that are researched in the dissertation. In all Baltic States, the prevention of gambling addiction is not given adequate legal consideration. Scandinavian countries apply a number of different gambling addiction prevention measures. Public safety and public order are universal legal values towards which special attention must be paid during the process of forming gaming legal regulation. The paper reveals what legal stand is occupied by the Baltic States in comparison to those Scandinavian countries with monopoly based gambling regulation. The paper reveals how the legal basis of all three Baltic jurisdictions can be improved in the context of gambling addiction prevention. In this respect, the paper is also relevant. The objective and tasks of the study The dissertation is comprised of a comparative legal study, whose purpose is to compare monopolistic legal regulation and the liberal legal regulation of gambling in a specific context - Danish, Swedish, Norwegian, Finnish, as well as Estonian, Latvian and Lithuanian jurisdictions. This specific context – the Scandinavian and Baltic countries, has been chosen due to the fact that Lithuania, Latvia and Estonia share a similar history, geopolitical situation, legal system and legal regulation of gambling, even if they are not identical. Latvia and Estonia have monopolized their lottery market, but the rest of the gaming market is liberal. The Scandinavian countries, which are all representatives of state owned gambling monopoly countries, have been chosen as they are close Lithuanian, Latvian and Estonian neighbours, whilst their social protection system and social policy are perhaps the best in Europe. These are social welfare countries whose social welfare indices, according to the classification of the Nobel Prize winning economist Amarta Sen, are among the highest in the world. Therefore, the aim of the study was to reveal the effectiveness and appropriateness of gambling legal regulation in Lithuania and other Baltic states, by first comparing these countries to each other and then to Scandinavian countries which are famous for their social well-being. In order to meet the study objective the following tasks have been set: 1. To disclose the concept, nature, evolution and characteristics of the legal regulation of gambling. To disclose social costs management in the Nordic and Baltic countries. 2. To compare gaming regulatory features, including the practice of gaming regulatory institutions, liability against infringement of gambling legal regulation and gambling taxation in Nordic and Baltic countries. 3. To compare gaming safety measures applied in Nordic and Baltic countries The novelty of the study. The scientific value of the dissertation. This is the very first legal dissertation in Lithuania on gambling. The countries under investigation (Denmark, Sweden, Norway, Finland, Estonia, Latvia) are also lacking any single comparative legal study on gaming regulatory issues. This is the first scientific work to analyze the pro et contra of market competition and monopoly-based gambling regulation. Only one study, which was performed by the Comparative Law Institute of Lausanne (Switzerland) under assignment of the European Commission: \"Study of Gambling Services in the Internal Market of the European Union. Final report.\" can be held as inter-related to the cur
Presentation of the study. Analysed issues. Relevance of the topic. The Legal regulation of gambling differs across Europe and the world. Some jurisdictions have liberal gambling regulation where operators are free to engage in the betting and gaming business, other jurisdictions enjoy a gambling monopoly. Those countries which have state gambling monopolies participate in gambling through state-owned enterprises or through private concession-based operators. The Scandinavian countries also have long standing gambling monopolies and all gambling revenues are returned back into society to finance state budgets or public projects. Having followed the consequent Nordic tradition during the interwar period, after the restoration of independence Lithuania, Latvia and Estonia (with certain exceptions) chose a completely different gaming regulatory approach. These jurisdictions chose a fairly liberal and also unique gambling regulation. The Lithuanian, Latvian and Estonian gambling regulators acknowledge that these countries can not be classified within any gambling legal regulatory system. Certain conceptual problems that are endemic in gaming legal regulation in Lithuania and Baltics were observed by the author while working as a legal practitioner. Since then, through becoming more and more involved in gambling legal regulation and through the observation of foreign law, the author began to think about what might constitute ideal gambling regulation guidelines, and began encouraging the students of Mykolas Romeris University to carry out investigations into ideal gambling legal regulation in their Master theses. In this way, the problem of the selection of the gambling regulatory regime most advantageous to the public came to be crystallised, later forming the axis of this thesis. Is there an ideal legal regulation for gambling at all and what form should this legal regulation take? These reasons led to a comparative legal study – in which the gambling regulatory features in Scandinavia and the Baltic states were compared. As the Scandinavian and Baltic states represent two major approaches to the regulation of the gaming market – a market monopoly (in Scandinavia) and a liberal, competition-based regulation (in Baltic states), the separate issue under investigation were the pros and cons of each of these regulatory approaches. It has to be noted that a gambling monopoly is not just a legal concept enabling the exclusive entity to organize and provide gambling services. The monopoly is also a socio-economic category, whose consequences to the market and the public can be measured. For this reason, the analysis in the thesis touched not only on the legal but also the socio-economic peculiarities of gambling regulation. State and society benefits were also under evaluation, as legally they have to offset an indisputably negative attribute of gambling – it's addictiveness. Thus, this dissertation assesses whether there is a legal basis to assert that the monopoly, based on Nordic gambling regulation traditions, is more proactive (or defective) than the free market based gambling regulations followed in the Baltic States, in terms of the legal, social and economic aspects of these two alternative gaming market regulation methods. The relevance of the study, in particular, is founded on the existing conceptual problems faced by the current Lithuanian legal regulation regarding games of chance. During the nine years of its gambling regulation practice, the Republic of Lithuania has been unable to develop an effective gambling regulatory model that could effectively combine public (society's and state's) and private (gambling operators') interests. The current situation is evidence of the fact that public interest in the gaming sector is not legally covered and protected. The current legislation neither foresees public protection against the harmful effects of gambling, nor regulates public self protection. There are no legal measures of protection in Lithuania that would allow for personal self exclusion from casinos and other gambling venues. The public interest of the government is not protected from the economic point of view. Gambling tax collection and distribution in Lithuania is not effective. Data from 2008 showed that Lithuania had the lowest aggregate gambling tax collection in the region. In contrast, the study showed that the gambling turnover in Lithuania was the largest among the Baltic countries. This shows that the gambling business does not face any real restrictions with regards to its operations. Lithuania lacks legal mechanisms to either regulate the working hours of gaming establishments, or their places of establishment. The dissertation tackles this problem by offering a concrete option - the establishment of a state gambling and lottery monopoly. Monopolistic state participation in the gambling business (the Scandinavian model) guarantees not only the state revenue collected in the form of taxes, it also makes it possible to claim for full gambling generated income (profit). The raising of state revenue is of perpetual relevance to every jurisdiction, especially in the presence of a global financial crisis. The financial difficulties currently met by the Baltic States add additional relevance to this dissertation. The relevance of the thesis is not only contingent on the solution offered to conceptual problems in the field of gambling and the increasing of public revenue. The thesis also evaluates the legitimacy of the monopoly. If sovereign jurisdictions are free to choose a gambling regulatory method, legal problems have occasion to arise when the particular method chosen does not correspond with international legal obligations. For example, article 43 of the Treaty on European Community regulates the freedom of establishment within the EC. Article 49 prohibits restrictions on the provision of services to another Member state of the Community. The infringement of the aforementioned articles is often addressed to states in which legal regulation of gambling is based on a state monopoly. The dissertation provides response to the question of whether gambling monopolies are legal. Due to the international nature of the topic of the dissertation, it is relevant not only in Lithuania, but also Latvia, Estonia and those other Scandinavian countries which are currently concerned with the dilemma of maintaining a monopoly or opening it. The last, but most important, elements which determine the permanent topicality of this paper are the legal aspects of gambling addiction prevention that are researched in the dissertation. In all Baltic States, the prevention of gambling addiction is not given adequate legal consideration. Scandinavian countries apply a number of different gambling addiction prevention measures. Public safety and public order are universal legal values towards which special attention must be paid during the process of forming gaming legal regulation. The paper reveals what legal stand is occupied by the Baltic States in comparison to those Scandinavian countries with monopoly based gambling regulation. The paper reveals how the legal basis of all three Baltic jurisdictions can be improved in the context of gambling addiction prevention. In this respect, the paper is also relevant. The objective and tasks of the study The dissertation is comprised of a comparative legal study, whose purpose is to compare monopolistic legal regulation and the liberal legal regulation of gambling in a specific context - Danish, Swedish, Norwegian, Finnish, as well as Estonian, Latvian and Lithuanian jurisdictions. This specific context – the Scandinavian and Baltic countries, has been chosen due to the fact that Lithuania, Latvia and Estonia share a similar history, geopolitical situation, legal system and legal regulation of gambling, even if they are not identical. Latvia and Estonia have monopolized their lottery market, but the rest of the gaming market is liberal. The Scandinavian countries, which are all representatives of state owned gambling monopoly countries, have been chosen as they are close Lithuanian, Latvian and Estonian neighbours, whilst their social protection system and social policy are perhaps the best in Europe. These are social welfare countries whose social welfare indices, according to the classification of the Nobel Prize winning economist Amarta Sen, are among the highest in the world. Therefore, the aim of the study was to reveal the effectiveness and appropriateness of gambling legal regulation in Lithuania and other Baltic states, by first comparing these countries to each other and then to Scandinavian countries which are famous for their social well-being. In order to meet the study objective the following tasks have been set: 1. To disclose the concept, nature, evolution and characteristics of the legal regulation of gambling. To disclose social costs management in the Nordic and Baltic countries. 2. To compare gaming regulatory features, including the practice of gaming regulatory institutions, liability against infringement of gambling legal regulation and gambling taxation in Nordic and Baltic countries. 3. To compare gaming safety measures applied in Nordic and Baltic countries The novelty of the study. The scientific value of the dissertation. This is the very first legal dissertation in Lithuania on gambling. The countries under investigation (Denmark, Sweden, Norway, Finland, Estonia, Latvia) are also lacking any single comparative legal study on gaming regulatory issues. This is the first scientific work to analyze the pro et contra of market competition and monopoly-based gambling regulation. Only one study, which was performed by the Comparative Law Institute of Lausanne (Switzerland) under assignment of the European Commission: \"Study of Gambling Services in the Internal Market of the European Union. Final report.\" can be held as inter-related to the cur
Relevance of the research. Recognition and education of children and teenagers gifted in sporting activity is an important part of the attainment of particular results in sports. Identification of children and teenagers gifted for sports is a process, when athletes are recognised at the early stage of their development and have a possibility to attain high results in adulthood (Williams, Reilly, 2000; Vaeyens, Lenoir, Williams, Philippaerts, 2008). It means that individually or in combination, their physical, physiological, psychological and social features, as well as technical capabilities can help to predict their potential in the future (Williams, Reilly, 2000). Some scientists maintain that aiming to achieve high results in sports gifted athletes should be selected by appropriate methods at an early age and involved into a long and systematically planned training (Sevim, 2007; Bompa, Haff, 2009). However, recognition of young gifted athletes is a complex process, since the results of teenagers' physical development, as well as their value-based provisions, attitudes and motives change in the process of growing and development (Callender, 2010; Gonçalves, Rama, Figueriredo, 2012). According to some scientists (Byrne, Davenport, Mazanov, 2007), adolescence is a specific and rather complicated age period, when rapid and big changes occur not only in physical development, but also in psycho-social maturity. Therefore, recognition and selection of children and teenagers gifted for sports is a multi-faceted process, when it is important not only to evaluate an athlete's present appearance considering their physical, physiological, psychological, cognitive and sociological features, and technical capacities, but also evacuating such important aspects as social, emotional, motivational and temperamental factors (Pruna, Tribaldos, Bahdur, 2018). Whether the talents will be disclosed depends not only on an athlete's innate capabilities, but also on the educational factors affecting them. A great influence is made by the coach and educational environment created by the school, which allows developing and growing an athlete's personality (Williams, Reilly, 2000; Pensgaard, Roberts, 2002). However, it is not the school that affects the educational environment and motivational climate. The attitude of family members towards physical activity, their support for an athlete, the coach and his/her ability to appropriately plan the training content, teammates, facilities, attention from the media and other people, as well as values and social provisions also contribute to this process (Hassandra, Goudas, Chroni, 2003; Lenzen, Brouwers, Dejardin et al., 2004). An effective programme of the identification of children and teenagers gifted for sports can help to recognize talents at an early stage, which can become a vitally important element when trying to enhance successful competitiveness of the country (Vaeyens, Gullich, Warr, Philippaerts, 2009). The programmes of the identification of children and teenagers gifted for sports facilitate the process of athlete selection, which maximizes the number of gifted persons (Anshel, Lidor, 2012). Early recognition of gifted athletes can attract funding and training opportunities for athletes having the greatest potential for success (Durand-Bush, Salmela, 2001). Countries are concerned with creating research-based methods to select the most gifted athletes that could successfully compete on the international sports arena. Over the past two decades, the increasing number of studies have been accomplished trying to understand the issues concerning experience in the identification and education of children and teenagers gifted for sports (Williams, Reilly, 2000; Abbott, Button, Pepping et al., 2005; De Bosscher, De Knop, Van Bottenburg, Shibli, 2006; Pearson, Naughton, Torode, 2006; Lidor, Cote, Hackfort, 2009; Anshel, Lidor, 2012; Roth, 2012; Brouwers, De Bosscher, Sotiriadou, 2012; Nijs, Gallardo-Gallardo, Dries, Sels, 2014; Swann, Moran, Piggott, 2015). However, despite considerable achievements in the process of identification of children and teenagers gifted for sports, a universally recognized model of the identification of children and teenagers gifted for sports does not exist Hohmann, 2001; Abbott, Collins, 2004; Vaeyens, Lenoir, Williams, Philippaerts, 2008; Davids, Araujo, Vilar, Pinder, 2013; Louzada, Maiorano, Ara, 2016). There are cases when decisions concerning the selection of athletes are made subjectively, without scientific validation (Regnier, Salmela, Russell, 1993; Williams, Franks, 1998; Abbott, Button, Pepping, Collins, 2005), whereas a lot of potentially gifted athletes are not selected due to inappropriate selection criteria or applying no selection criteria at all, as well as due to athletes changing a sports branch or a large number of drop-outs from sports (Abbott, Collins, 2004; MacNamara, Collins, 2011; Tranckle, Cushion, 2006; Winfried, 2001). It is important that children and teenagers get interested in sports, are selected to appropriate sport branches, as well as attempts are made so that they do not break their sporting career too early (Schiffer, 2013); every year approximately 35% of young athletes quit sports and it is not clear if they ever resume their sporting activity again (Purcell, 2005; Breunner, 2012). Therefore, the application of these selection criteria and a large drop-out of athletes from sports can be partly justified in countries with high population. The principle of natural selection can have a greater influence. In the case of a small country (for instance, Lithuania), such a selection is not suitable. Trying to avoid subjectivity, the majority of the latest scientific studies in sports science are related to the investigation of the influence of innate (natural) and acquired (educated) features on sporting results (Baker, Bagats, Büsch, Schorer, 2012; Coutinho, Mesquita, Fonseca, De Martin-Silva, 2014; Davids, Baker, 2007). With the increasing competition among athletes over the past period (De Bosscher et al., 2006) and sports becoming a political and commercial phenomenon (Green, Oakley, 2001), there appears a necessity for timely and appropriate choice of a specific branch of sports, which would help to achieve good results in the future. Different methods and programmes of selecting the most capable athletes are applied all over the world. In the majority of countries, selection models consisting of several stages are applied, which rely on a coach's competence, test results and analysis of competition results, whereas the selected athletes are invited to learn and do sports in specialised schools. Similarly to some other countries, in Lithuania concern about (self-) education of children gifted for sports has led to the emergence of sports gymnasiums. Panevėžys Raimundas Sargūnas Sports Gymnasium is one of the three general education schools of Lithuania that implement basic and general education alongside with sports education, and in which a part of sports education in the field of specialized education aims at training students that have special educational needs due to their giftedness in sports for high excellence and results (Order No. V-1010 of the Minister of Education and Science of the Republic of Lithuania, 24 October 2014). The programme outlines the knowledge, abilities and attitudes that athletes should acquire to comply with physical, technical, tactical requirements, as well as requirements for fitness and achievements. The purpose of Panevėžys Raimundas Sargūnas Sports Gymnasium gives a possibility to analyse the gymnasium as a case revealing the aspects of the selection of teenagers gifted for sports, which can help to better understand what educational preconditions are created and how to select teenagers gifted for sports and to disclose their talents, as well as to help create and improve practical models for schools educating teenagers gifted for sports. Therefore, the research question was formulated: how does the selection of teenagers gifted for sports occur and how are the educational preconditions for the selection of teenagers gifted for sports created? The problem-based question and the fact that a universal and effective model of the selection of children and teenagers gifted for sports does not exist, highlight the research object, i. e. the selection of teenagers gifted for sports. The aim of the research is to reveal the educational preconditions for the selection of teenagers gifted for sports. The research objectives: 1. To theoretically validate the educational preconditions for the selection of teenagers gifted for sports. 2. To identify the educational factors and notice of the choice of sporting activity by athletes. 3. To explore the physical and functional fitness of athletes and its dynamics. 4. To determine the attitudes of athletes as educational preconditions for the selection of teenagers gifted for sports. 5. To determine the attitudes of coaches as educational preconditions for the selection of teenagers gifted for sports. Scientific novelty and practical significance of the doctoral research ● The validated educational factors that influence the selection of teenagers gifted for sports allow better understanding of the factors of choosing a sporting activity and survival in sports as educational preconditions for the development of capabilities. ● The determined dynamics of physical and functional fitness of teenage athletes in an educational environment beneficial to the development of their innate capabilities for sports helps to understand the dynamics and multi-dimensionality of the selection of teenagers gifted for sports as a process, as well as problematic control of its components when identifying and developing their capabilities. The case of one of the three sports gymnasiums of Lithuania has been explored in terms of the selection of teenagers gifted for sports – such studies have not been performed in Lithuania so far. ● The results of the theoretical and empirical research complement the theory of sports science with innovative and original data on the expression of the educational preconditions affecting the selection of teenagers gifted for sports. Practical significance. The educational preconditions for the selection of teenagers gifted for sports that affect athletes' decision to choose a sporting activity from other spheres of supplementary education have been analysed and generalised. The determined peculiarities of motivation will help coaches to select appropriate pedagogical and psychological tools to motivate athletes to seek for high results in sports. The educational factors stimulating and aggravating athletes' selection and motivation to seek for high results in sports have been distinguished during the research, the role of a coach as one of educational factors has been revealed in the process of selecting and training athletes – these findings will allow a more purposeful planning of the (self-) development of coaches' competences and provision of all the necessary support concerning the selection of athletes to them. The analysis of the changes in the results of athletes' physical and functional fitness will give a possibility to make a more thorough selection of teenagers gifted for sports to 12 sports branches, as well as to train them more purposefully and effectively for national and international competitions. The research data can be applied in compiling model characteristics of different age periods and different sports branches by specifying training programmes and evaluating the changes in athletes' individual fitness. The research results can be used by the administration, coaches and other employees of athletes' educational centres, federations and sports schools. CONCLUSIONS 1. The search and selection of gifted children is a complex, dynamic, long-lasting, and special educational process that depends on a variety of factors interacting and constantly changing in the process. The factors influencing the selection and results in the sporting activity can be divided into four groups: genetic-physiological, psychological, social, and educational factors. The genetic potential, anthropometric data and physical abilities are essential indicators for the identification and selection of teenagers gifted for sports. Psychological features, such as perseverance, self-confidence, positive attitude, devotion, dedication, strong intrinsic motivation, concentration, attentiveness, and emotional control, are important in selecting gifted teenagers. Social factors include sports policy, culture, natural conditions, geographical location of the country, various opportunities, specific tendencies in the development of modern sports, and support rendered to the participants of the educational process. Educational factors – educational environments, parent support, practice, the coach and teammates, have an educational impact on athletes and can influence their decision making, motivation, habits, training and skills.Therefore, the selection of gifted teenagers should be specific to each sports branch and include a multi-disciplinary approach when clearing out athletes' motives, the attitudes of athletes and coaches, as well as implementing the monitoring athletes. 2. Regardless of gender and a group of sports branches, the main factors that motivate the choice of sports activities include educational (motivation of the coach, parents and friends) and internal cognitive motives (desire to master a sports technique). The least important motives involve material (possession of own inventory, good facilities for training), geographical (a sports school close to home), not being admitted into another sports branch, or lack of other choices. The choice of a sport from other areas of supplementary education is determined by a desire to be physically fit and a desire to engage in leisure activities. The least important motives are the desire to become famous and the desire to be attractive. Intrinsic motivation is more pronounced than extrinsic.The boys' external motivation is stronger than that of girls. Amotivation is more characteristic of the girls. The internal and external motivation is more expressed by the athletes of team sports; external motivation in individual sports appears to be the weakest, whereas the weakest intrinsic motivation and the strongest amotivation is revealed in duelling sports. 3. The results of physical development, physical fitness and functional capacity of stronger athletes are not always statistically significantly different from those of other athletes or control group athletes. A part of the indicators of stronger athletes are better, which leads to an assumption that alongside with psychosocial abilities, social factors, educational factors, and high motivation, they are essential to achieve high results. The correlation study reveals which indicators need to be taken into account and developed when selecting teenagers gifted for sports and achieving high results. 4. The most important factors for teenagers' decision to start doing sports and choose a sports branch include the surrounding environment, where the most important roles are ascribed to the coach, family members and friends. The genetic-physiological and psychological factors that are affected by the coaching and environmental factors are considered as the main factors determining success in sports. The coach is identified as the most important educational factor in the selection of gifted teenagers, whereas a favourable climate, motivating influence of the coach, his/her competence and ideal conditions help to disclose the athletes' talents and achieve high results. While choosing a sport and training, the self-educational factor is distinguished seeking to change oneself, as well as to change own or others' future relating it to sports. The factors that reduce the motivation of athletes and thus prevent the full potential of talented athletes, as well as leading them to end their sporting careers are highlighted: stabilisation of their progress in the results, injuries and high loads of physical activity. 5. The coaches distinguish the importance of psychological and physiological factors in selecting teenagers gifted for sports. The coaches consider the teenagers to be prospective athletes who have a strong internal and external motivation to train, innate capabilities, and physical abilities that are influenced by environmental factors, coaching competence, and practice. The role of the coach as the most important educational factor is highlighted in the search for gifted athletes among those already in the sport or referring to the competence of other coaches, recommending athletes who can achieve higher results in other sports branches. Identifying gifted teenagers-athletes, the coaches look for dedicated, hardworking and goal-seeking athletes with strong motivation. Family members and peers are recognised as educational factors that have a significant impact on athlete selection. The research also highlights the problems faced by coaches in the selection process. These are physiological and psychological changes in the body and the priorities of teenage athletes, which are influenced by their surrounding environment.
Relevance of the research. Recognition and education of children and teenagers gifted in sporting activity is an important part of the attainment of particular results in sports. Identification of children and teenagers gifted for sports is a process, when athletes are recognised at the early stage of their development and have a possibility to attain high results in adulthood (Williams, Reilly, 2000; Vaeyens, Lenoir, Williams, Philippaerts, 2008). It means that individually or in combination, their physical, physiological, psychological and social features, as well as technical capabilities can help to predict their potential in the future (Williams, Reilly, 2000). Some scientists maintain that aiming to achieve high results in sports gifted athletes should be selected by appropriate methods at an early age and involved into a long and systematically planned training (Sevim, 2007; Bompa, Haff, 2009). However, recognition of young gifted athletes is a complex process, since the results of teenagers' physical development, as well as their value-based provisions, attitudes and motives change in the process of growing and development (Callender, 2010; Gonçalves, Rama, Figueriredo, 2012). According to some scientists (Byrne, Davenport, Mazanov, 2007), adolescence is a specific and rather complicated age period, when rapid and big changes occur not only in physical development, but also in psycho-social maturity. Therefore, recognition and selection of children and teenagers gifted for sports is a multi-faceted process, when it is important not only to evaluate an athlete's present appearance considering their physical, physiological, psychological, cognitive and sociological features, and technical capacities, but also evacuating such important aspects as social, emotional, motivational and temperamental factors (Pruna, Tribaldos, Bahdur, 2018). Whether the talents will be disclosed depends not only on an athlete's innate capabilities, but also on the educational factors affecting them. A great influence is made by the coach and educational environment created by the school, which allows developing and growing an athlete's personality (Williams, Reilly, 2000; Pensgaard, Roberts, 2002). However, it is not the school that affects the educational environment and motivational climate. The attitude of family members towards physical activity, their support for an athlete, the coach and his/her ability to appropriately plan the training content, teammates, facilities, attention from the media and other people, as well as values and social provisions also contribute to this process (Hassandra, Goudas, Chroni, 2003; Lenzen, Brouwers, Dejardin et al., 2004). An effective programme of the identification of children and teenagers gifted for sports can help to recognize talents at an early stage, which can become a vitally important element when trying to enhance successful competitiveness of the country (Vaeyens, Gullich, Warr, Philippaerts, 2009). The programmes of the identification of children and teenagers gifted for sports facilitate the process of athlete selection, which maximizes the number of gifted persons (Anshel, Lidor, 2012). Early recognition of gifted athletes can attract funding and training opportunities for athletes having the greatest potential for success (Durand-Bush, Salmela, 2001). Countries are concerned with creating research-based methods to select the most gifted athletes that could successfully compete on the international sports arena. Over the past two decades, the increasing number of studies have been accomplished trying to understand the issues concerning experience in the identification and education of children and teenagers gifted for sports (Williams, Reilly, 2000; Abbott, Button, Pepping et al., 2005; De Bosscher, De Knop, Van Bottenburg, Shibli, 2006; Pearson, Naughton, Torode, 2006; Lidor, Cote, Hackfort, 2009; Anshel, Lidor, 2012; Roth, 2012; Brouwers, De Bosscher, Sotiriadou, 2012; Nijs, Gallardo-Gallardo, Dries, Sels, 2014; Swann, Moran, Piggott, 2015). However, despite considerable achievements in the process of identification of children and teenagers gifted for sports, a universally recognized model of the identification of children and teenagers gifted for sports does not exist Hohmann, 2001; Abbott, Collins, 2004; Vaeyens, Lenoir, Williams, Philippaerts, 2008; Davids, Araujo, Vilar, Pinder, 2013; Louzada, Maiorano, Ara, 2016). There are cases when decisions concerning the selection of athletes are made subjectively, without scientific validation (Regnier, Salmela, Russell, 1993; Williams, Franks, 1998; Abbott, Button, Pepping, Collins, 2005), whereas a lot of potentially gifted athletes are not selected due to inappropriate selection criteria or applying no selection criteria at all, as well as due to athletes changing a sports branch or a large number of drop-outs from sports (Abbott, Collins, 2004; MacNamara, Collins, 2011; Tranckle, Cushion, 2006; Winfried, 2001). It is important that children and teenagers get interested in sports, are selected to appropriate sport branches, as well as attempts are made so that they do not break their sporting career too early (Schiffer, 2013); every year approximately 35% of young athletes quit sports and it is not clear if they ever resume their sporting activity again (Purcell, 2005; Breunner, 2012). Therefore, the application of these selection criteria and a large drop-out of athletes from sports can be partly justified in countries with high population. The principle of natural selection can have a greater influence. In the case of a small country (for instance, Lithuania), such a selection is not suitable. Trying to avoid subjectivity, the majority of the latest scientific studies in sports science are related to the investigation of the influence of innate (natural) and acquired (educated) features on sporting results (Baker, Bagats, Büsch, Schorer, 2012; Coutinho, Mesquita, Fonseca, De Martin-Silva, 2014; Davids, Baker, 2007). With the increasing competition among athletes over the past period (De Bosscher et al., 2006) and sports becoming a political and commercial phenomenon (Green, Oakley, 2001), there appears a necessity for timely and appropriate choice of a specific branch of sports, which would help to achieve good results in the future. Different methods and programmes of selecting the most capable athletes are applied all over the world. In the majority of countries, selection models consisting of several stages are applied, which rely on a coach's competence, test results and analysis of competition results, whereas the selected athletes are invited to learn and do sports in specialised schools. Similarly to some other countries, in Lithuania concern about (self-) education of children gifted for sports has led to the emergence of sports gymnasiums. Panevėžys Raimundas Sargūnas Sports Gymnasium is one of the three general education schools of Lithuania that implement basic and general education alongside with sports education, and in which a part of sports education in the field of specialized education aims at training students that have special educational needs due to their giftedness in sports for high excellence and results (Order No. V-1010 of the Minister of Education and Science of the Republic of Lithuania, 24 October 2014). The programme outlines the knowledge, abilities and attitudes that athletes should acquire to comply with physical, technical, tactical requirements, as well as requirements for fitness and achievements. The purpose of Panevėžys Raimundas Sargūnas Sports Gymnasium gives a possibility to analyse the gymnasium as a case revealing the aspects of the selection of teenagers gifted for sports, which can help to better understand what educational preconditions are created and how to select teenagers gifted for sports and to disclose their talents, as well as to help create and improve practical models for schools educating teenagers gifted for sports. Therefore, the research question was formulated: how does the selection of teenagers gifted for sports occur and how are the educational preconditions for the selection of teenagers gifted for sports created? The problem-based question and the fact that a universal and effective model of the selection of children and teenagers gifted for sports does not exist, highlight the research object, i. e. the selection of teenagers gifted for sports. The aim of the research is to reveal the educational preconditions for the selection of teenagers gifted for sports. The research objectives: 1. To theoretically validate the educational preconditions for the selection of teenagers gifted for sports. 2. To identify the educational factors and notice of the choice of sporting activity by athletes. 3. To explore the physical and functional fitness of athletes and its dynamics. 4. To determine the attitudes of athletes as educational preconditions for the selection of teenagers gifted for sports. 5. To determine the attitudes of coaches as educational preconditions for the selection of teenagers gifted for sports. Scientific novelty and practical significance of the doctoral research ● The validated educational factors that influence the selection of teenagers gifted for sports allow better understanding of the factors of choosing a sporting activity and survival in sports as educational preconditions for the development of capabilities. ● The determined dynamics of physical and functional fitness of teenage athletes in an educational environment beneficial to the development of their innate capabilities for sports helps to understand the dynamics and multi-dimensionality of the selection of teenagers gifted for sports as a process, as well as problematic control of its components when identifying and developing their capabilities. The case of one of the three sports gymnasiums of Lithuania has been explored in terms of the selection of teenagers gifted for sports – such studies have not been performed in Lithuania so far. ● The results of the theoretical and empirical research complement the theory of sports science with innovative and original data on the expression of the educational preconditions affecting the selection of teenagers gifted for sports. Practical significance. The educational preconditions for the selection of teenagers gifted for sports that affect athletes' decision to choose a sporting activity from other spheres of supplementary education have been analysed and generalised. The determined peculiarities of motivation will help coaches to select appropriate pedagogical and psychological tools to motivate athletes to seek for high results in sports. The educational factors stimulating and aggravating athletes' selection and motivation to seek for high results in sports have been distinguished during the research, the role of a coach as one of educational factors has been revealed in the process of selecting and training athletes – these findings will allow a more purposeful planning of the (self-) development of coaches' competences and provision of all the necessary support concerning the selection of athletes to them. The analysis of the changes in the results of athletes' physical and functional fitness will give a possibility to make a more thorough selection of teenagers gifted for sports to 12 sports branches, as well as to train them more purposefully and effectively for national and international competitions. The research data can be applied in compiling model characteristics of different age periods and different sports branches by specifying training programmes and evaluating the changes in athletes' individual fitness. The research results can be used by the administration, coaches and other employees of athletes' educational centres, federations and sports schools. CONCLUSIONS 1. The search and selection of gifted children is a complex, dynamic, long-lasting, and special educational process that depends on a variety of factors interacting and constantly changing in the process. The factors influencing the selection and results in the sporting activity can be divided into four groups: genetic-physiological, psychological, social, and educational factors. The genetic potential, anthropometric data and physical abilities are essential indicators for the identification and selection of teenagers gifted for sports. Psychological features, such as perseverance, self-confidence, positive attitude, devotion, dedication, strong intrinsic motivation, concentration, attentiveness, and emotional control, are important in selecting gifted teenagers. Social factors include sports policy, culture, natural conditions, geographical location of the country, various opportunities, specific tendencies in the development of modern sports, and support rendered to the participants of the educational process. Educational factors – educational environments, parent support, practice, the coach and teammates, have an educational impact on athletes and can influence their decision making, motivation, habits, training and skills.Therefore, the selection of gifted teenagers should be specific to each sports branch and include a multi-disciplinary approach when clearing out athletes' motives, the attitudes of athletes and coaches, as well as implementing the monitoring athletes. 2. Regardless of gender and a group of sports branches, the main factors that motivate the choice of sports activities include educational (motivation of the coach, parents and friends) and internal cognitive motives (desire to master a sports technique). The least important motives involve material (possession of own inventory, good facilities for training), geographical (a sports school close to home), not being admitted into another sports branch, or lack of other choices. The choice of a sport from other areas of supplementary education is determined by a desire to be physically fit and a desire to engage in leisure activities. The least important motives are the desire to become famous and the desire to be attractive. Intrinsic motivation is more pronounced than extrinsic.The boys' external motivation is stronger than that of girls. Amotivation is more characteristic of the girls. The internal and external motivation is more expressed by the athletes of team sports; external motivation in individual sports appears to be the weakest, whereas the weakest intrinsic motivation and the strongest amotivation is revealed in duelling sports. 3. The results of physical development, physical fitness and functional capacity of stronger athletes are not always statistically significantly different from those of other athletes or control group athletes. A part of the indicators of stronger athletes are better, which leads to an assumption that alongside with psychosocial abilities, social factors, educational factors, and high motivation, they are essential to achieve high results. The correlation study reveals which indicators need to be taken into account and developed when selecting teenagers gifted for sports and achieving high results. 4. The most important factors for teenagers' decision to start doing sports and choose a sports branch include the surrounding environment, where the most important roles are ascribed to the coach, family members and friends. The genetic-physiological and psychological factors that are affected by the coaching and environmental factors are considered as the main factors determining success in sports. The coach is identified as the most important educational factor in the selection of gifted teenagers, whereas a favourable climate, motivating influence of the coach, his/her competence and ideal conditions help to disclose the athletes' talents and achieve high results. While choosing a sport and training, the self-educational factor is distinguished seeking to change oneself, as well as to change own or others' future relating it to sports. The factors that reduce the motivation of athletes and thus prevent the full potential of talented athletes, as well as leading them to end their sporting careers are highlighted: stabilisation of their progress in the results, injuries and high loads of physical activity. 5. The coaches distinguish the importance of psychological and physiological factors in selecting teenagers gifted for sports. The coaches consider the teenagers to be prospective athletes who have a strong internal and external motivation to train, innate capabilities, and physical abilities that are influenced by environmental factors, coaching competence, and practice. The role of the coach as the most important educational factor is highlighted in the search for gifted athletes among those already in the sport or referring to the competence of other coaches, recommending athletes who can achieve higher results in other sports branches. Identifying gifted teenagers-athletes, the coaches look for dedicated, hardworking and goal-seeking athletes with strong motivation. Family members and peers are recognised as educational factors that have a significant impact on athlete selection. The research also highlights the problems faced by coaches in the selection process. These are physiological and psychological changes in the body and the priorities of teenage athletes, which are influenced by their surrounding environment.
