Suchergebnisse

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

The phenomenon of corruption is complex, so we could not single out an universal definition of corruption. The most common forms of corruption in national sources are bribery, trading in influence and bribery. In the sources of international law, corruption is defined more broadly, highlighting the fact of abuse of power. The best-known classifications of corruption are its assessment by quantitative criteria, distinguishing forms of corruption depending on the type of decisions made by its subjects, and distinguishing forms of corruption depending on the degree of public tolerance for respective acts of corruption and the intensity of it. The fundamental idea of human rights law is full and consistent respect for the rights and freedoms of every individual. The concept of human rights law is enshrined in international human rights instruments - the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms, and others. Corruption hinders national cultural, social, political, legal development, and where corruption is a widespread part of the system, it is very difficult to ensure, respect and protect human rights. It is therefore important to find a legal link between corruption and violations of human rights law and the negative impact of those violations on individuals' exercise of their rights and freedoms. However, human rights law does not include the right to be free from corruption, and international anti-corruption treaties explicitly do not include mechanisms for the protection of human rights. The main anti-corruption mechanisms focus on the fight against corruption, helping to identify shortcomings in national anti-corruption measures and providing guidance and expert support to encourage the necessary legal, institutional or practical reforms along the way. Together, the main anti-corruption mechanisms indirectly make a positive difference to the improvement of the human rights situation, as the protection of human rights and the fight against corruption are mutually reinforcing. The United Nations Convention against Corruption is one of the key mechanisms in the fight against corruption, and this document focuses on international cooperation, the prevention of corruption and the implementation of a coordinated anti-corruption policy. The integration of corruption and human rights law is essential to improve compliance with human rights standards and the control of corruption.

An objective of the present final master thesis is to examine the application issues of liability for traffic safety violations made by drunk persons. The analysis of administrative and criminal liability, legislation and case law carried out in the thesis showed that legislator failed to consider the essential gaps of legislation criminalizing the act of persons driving the vehicles being drunk according to the criteria defined by law. This has caused different interpretation of legal norm and avoidance of the strictest liability, i.e. criminal liability.

An objective of the present final master thesis is to examine the application issues of liability for traffic safety violations made by drunk persons. The analysis of administrative and criminal liability, legislation and case law carried out in the thesis showed that legislator failed to consider the essential gaps of legislation criminalizing the act of persons driving the vehicles being drunk according to the criteria defined by law. This has caused different interpretation of legal norm and avoidance of the strictest liability, i.e. criminal liability.

The doctoral thesis, on the basis of the elements for the assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, formulated in the cases Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom, investigated by the European Court of Human Rights, established and assessed the criteria justifying the application of website operators' non-contractual civil liability in case of violation of the right to privacy of third parties by anonymous comments. The first part of the work, which is based on the concept of structuralism, reveals the content of freedom of expression of website operators arising out of Article 10 of the ECHR and of the category of private life, which is an assumption for restricting the freedom of expression of website operators, as well as distinguishes the specific criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments. The second part of the doctoral thesis, which is based on the principle of functionalism, using the complex analysis of the judgements made in the above-mentioned cases of the European Court of the Human Rights, evaluated the content of each criterion, compared the peculiarities of their content and application in different cases, discussed the problems and significance of these criteria, and determined their interrelation. This is the first scientific research of this kind not only in the context of Lithuanian, but also of the European tort law. The research has shown that the key criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments are the following: (i) the context in which the comments are posted and the content of the comments themselves and (ii) prior measures taken by the website operator to ensure the legality of the comments and actual behaviour after the comments were posted. Meanwhile, other criteria distinguished by the case-law of the European Court of Human Rights (i.e. (i) the actions of the victim before and after the occurrence of comments, (ii) the consequences of the comments on the victim, (iii) the possibility of civil liability of the authors of comments as a certain alternative to the liability of the website operators, and (iv) the consequences of civil liability for the particular website operator) are to be considered as additional and having no essential impact on the fact of the application of website operators' civil liability, yet significant when making a decision on the extent of the application of website operators' civil liability.

The doctoral thesis, on the basis of the elements for the assessment of the necessity of restricting the freedom of expression of website operators in a democratic society, formulated in the cases Delfi AS v. Estonia, MTE & Index v. Hungary, Pihl v. Sweden and Tamiz v. the United Kingdom, investigated by the European Court of Human Rights, established and assessed the criteria justifying the application of website operators' non-contractual civil liability in case of violation of the right to privacy of third parties by anonymous comments. The first part of the work, which is based on the concept of structuralism, reveals the content of freedom of expression of website operators arising out of Article 10 of the ECHR and of the category of private life, which is an assumption for restricting the freedom of expression of website operators, as well as distinguishes the specific criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments. The second part of the doctoral thesis, which is based on the principle of functionalism, using the complex analysis of the judgements made in the above-mentioned cases of the European Court of the Human Rights, evaluated the content of each criterion, compared the peculiarities of their content and application in different cases, discussed the problems and significance of these criteria, and determined their interrelation. This is the first scientific research of this kind not only in the context of Lithuanian, but also of the European tort law. The research has shown that the key criteria justifying the application of website operators' civil liability in case of violation of the right to privacy of third parties by anonymous comments are the following: (i) the context in which the comments are posted and the content of the comments themselves and (ii) prior measures taken by the website operator to ensure the legality of the comments and actual behaviour after the comments were posted. Meanwhile, other criteria distinguished by the case-law of the European Court of Human Rights (i.e. (i) the actions of the victim before and after the occurrence of comments, (ii) the consequences of the comments on the victim, (iii) the possibility of civil liability of the authors of comments as a certain alternative to the liability of the website operators, and (iv) the consequences of civil liability for the particular website operator) are to be considered as additional and having no essential impact on the fact of the application of website operators' civil liability, yet significant when making a decision on the extent of the application of website operators' civil liability.

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.

The object of the master's work is public relations that arise in connection with the use of artificial intelligence and possible violations of human rights in the context of the European Convention on Human Rights. The purpose of the work is to study possible violations of human rights in the context of the European Convention on Human Rights in connection with the use of artificial intelligence. The tasks of the master's work: to determine the concept of artificial intelligence and to identify the challenges that makes the application of artificial intelligence; to consider the European Convention on Human Rights as the main instrument for protecting the right to privacy; on the basis of judicial practice to analyse the problem of privacy of personal life, guaranteed by Article 8 of the ECHR, in connection with the use of artificial intelligence. There were used the dialectical method, the methods of formal logic, the comparative legal method, the system method and other methods of cognition. The European Convention on Human Rights establishes human rights and freedoms, obliging each member country that has ratified this agreement to guarantee them. Many governments and regions recognize the fundamental nature of the rights protected by Article 8 of the ECHR. The use of artificial intelligence is fraught with a number of dangers and legal problems. It leads to a narrowing of the sphere of privacy and there's the need to establish at the legislative level the conditions for the limits of its application. The closer AI programs get to human skills – thinking and creativity, the more damage will be done to human rights protected by Art. 8 ECHR. It is necessary to find the right balance between technical development and the protection of human rights.

The object of the master's work is public relations that arise in connection with the use of artificial intelligence and possible violations of human rights in the context of the European Convention on Human Rights. The purpose of the work is to study possible violations of human rights in the context of the European Convention on Human Rights in connection with the use of artificial intelligence. The tasks of the master's work: to determine the concept of artificial intelligence and to identify the challenges that makes the application of artificial intelligence; to consider the European Convention on Human Rights as the main instrument for protecting the right to privacy; on the basis of judicial practice to analyse the problem of privacy of personal life, guaranteed by Article 8 of the ECHR, in connection with the use of artificial intelligence. There were used the dialectical method, the methods of formal logic, the comparative legal method, the system method and other methods of cognition. The European Convention on Human Rights establishes human rights and freedoms, obliging each member country that has ratified this agreement to guarantee them. Many governments and regions recognize the fundamental nature of the rights protected by Article 8 of the ECHR. The use of artificial intelligence is fraught with a number of dangers and legal problems. It leads to a narrowing of the sphere of privacy and there's the need to establish at the legislative level the conditions for the limits of its application. The closer AI programs get to human skills – thinking and creativity, the more damage will be done to human rights protected by Art. 8 ECHR. It is necessary to find the right balance between technical development and the protection of human rights.

This paper explores the application of human rights in the EU asylum policy. The prevention of terror and the strengthening of the area of Justice, Freedom and Security require tighter border controls, which consequently reflect negatively on asylum seekers and their human rights. Therefore this paper sets the aim to explore the application of human rights for EU asylum policy in respect to international obligations. There are three main objectives to be attained in the paper: to determine if the treatment of asylum seekers, Conventional Refugees and persons granted Subsidiary Protection in the EU corresponds to human rights obligations; to explore how certain rules regarding asylum are used for the purpose of migration controls; to assess the impact of such policies for the people in the need of international protection. The research has to determine the correctness of the hypothesis claiming that the application of human rights in the EU asylum policy is often oriented to migration controls rather than humanitarian obligations. The research is based on a theoretical analysis and uses primary as well as secondary data sources. The research determines that the hypothesis has been approved. Theoretical analysis based on the social-constructivist neo-institutionalism indicates the need for the incorporation of human rights into the EU asylum rules, the application of which is currently very vague. A remarkable part of the rules related to the EU asylum policy does not correspond to human rights obligations. The means of the non-entrée policies and the Subsidiary Protection regime are used for the purpose to diminish the number of new asylum arrivals and to promote voluntary repatriation. It is very likely, that in the future, the Common European Resettlement programme will be used for the same ends. As a result, various barriers are being created to prevent asylum seekers from reaching the country of asylum, from receiving appropriate status and respectful rights. In a number of cases, as a result of the mentioned policies, they have to live separately from their families or even become subjected to destitution without any other alternatives.

In Master's thesis is analyzing illegal enrichment - an activity that is receiving increasing attention in field of international and national law. Before the law was passed, were set goals that mentioned composition, consolidated in the Criminal Code that would be able to manage the shadow business and income it generates, prevent individuals from illegally enriching themselves in the future and possibility to confiscate property received from illegal income. The main purpose of this work is to analyze composition of crime of illegal enrichment and application peculiarities of criminal liability. In first part of work, in order to better reveal characteristics of the offense of illegal enrichment, is analyzed the concept of crime, its development and sources of law that influenced formation of disposition. Reviewing regulation established in other countries and valued with what constitutional problems the states face applying the norm. The second part of work can be named as the most important, because the analysis of composition of illegal enrichment has been performed based on the legal doctrine, valid legal acts of the Republic of Lithuania and the case law of the Supreme Court of Lithuania. According to laws, the main concepts of constituent features of illegal enrichment were revealed, evaluated case law were presented potentially problematic aspects of qualification. The third part of work is dedicated to discuss formulation "the one who had" and the presumption of innocence. The final part deals with imposition of penalties and punitive measures in case law. Is discussed new bill on the confiscation of civil property, its relation to existing norms, and considering the prospect of future. When the CC was supplemented with norm of illegal enrichment, almost ten years later, it is noticeable that article still remains one of the most debated due to its legal construction and its manifestations of innocence presumption. Based on number of convictions, it appears that norm does not meet expectation of "effective and merciless" fight against crime, oligarchs, etc., which were declared at consideration and adoption stage of law. Dealing with possible situations of illegal enrichment, in practice there are endless issues which has not been discussed by the legislature or can yet be explained by case law. Both pre-trial investigation officers and courts face difficulties in proving the suspect's guilt. The person's inability to justify the available assets with legitimate income is not in itself sufficient factor to establish guilt, more the guilt must be proven by officers but not suspected person. The work is based on Lithuanian and foreign scientists opinions, various legal acts of Lithuania and foreign countries, the formed practices of the Lithuanian and European Court of Human Rights, resolutions of the Constitutional Court and reports of state institutions. The work presents an analysis of the article on illegal enrichment, is presented recommendatory conclusions.