Suchergebnisse

The purpose of this master's thesis - a comprehensive study of the regulation of principles governing processing of personal data in the European Union and the Republic of Belarus. The object of the present study is public relationships arising during implementation of processing of personal data. The main objectives are to review current legislation in the field of regulation of principles relating to processing of personal data in the European Union and the Republic of Belarus; to review the draft Law on personal data in the Republic of Belarus; to analyse comprehensively existing problems in the mentioned sphere; to review existing legislation in the sphere of regulation of principles related to processing of personal data of natural persons in the European Union in order to highlight adoption opportunities of foreign legislation for Belarus. The Regulation identifies seven principles applied to the processing of personal data: the principle of lawfulness, fairness and transparency, the principle of purpose limitation, the principle of data minimisation, the principle of accuracy, the principle of storage limitation, the principle of integrity and confidentiality, as well as the principle of accountability. The current legislation of the Republic of Belarus does not name the principles applied to the collection and processing of personal data, only establishing that the collection, processing, storage of personal data cannot be carried out without the written consent of that natural person, unless otherwise provided by legislation. On the other hand, the draft Law of the Republic of Belarus "On Personal Data" despite also not naming the principles applied to the processing of personal data, contains provisions on measures aimed at the implementation of certain principles, which are used in the Regulation. For example, according to the Draft the processing of personal data should be carried out in an amount that is not excessive in relation to the established goals, which is also referred to in the Regulation as a result of the principle of data minimization; personal data should be stored in a form that allows to determine the subject of personal data no longer than the processing goals require, and should be removed or depersonalized upon reaching the processing goals, which is the result of the implementation of the principle of data minimisation, also named in the Regulation. The same provisions are true for the principle of accuracy, lawfulness (including fairness and transparency), partially - for confidentiality and integrity. Thus, it is possible to speak of indirect partial recognition of the principles set forth in the Regulation. Practical implementation of the above-mentioned principles in the European Union is carried out through organizational and technical measures within the framework of data protection by design and by default. These measures are not "exclusive" for each single principle - instead, such measures are aimed at the implementation of the principles in conjunction with each other. For example, the publication of privacy policies and of other documents satisfy transparency, accuracy and accountability at the same time. Practical implementation of the protection of personal data in the current legislation of the Republic of Belarus is carried out via the adoption of measures of legal, technical and organizational nature. Organizational measures are the restriction of access to premises used in the process of processing personal data, as well as the differentiation of access rights to relevant information; legal measures oblige processors to enter agreements with users of relevant information, setting conditions for such use. Technical measures consist of technical and/or cryptographic information security, as well as certification of relevant information security systems. To speak about the practical implementation of the principles laid down in the Draft, it is not possible in the moment to identify suitable practical measures due to the lack of legal force of such a document and its inapplicability at the present time. However, as mentioned above, the Draft indirectly recognizes the principles of Regulation via directly naming almost identical level of protection achieved through fulfilling the requirements of the Draft. Thus, it can be said that measures aimed at implementing the principles of the Regulation will be applicable in to the Republic of Belarus too, provided that the Draft enters into force. The main recommendations for amending and supplementing the Draft can be divided into 2 groups: (a) bringing the provisions of the Draft in accordance with the Regulation, (b) considering issues that are problematic for both the Regulation and the Draft. Recommendations aimed at resolving problematic issues for both jurisdictions include clarifying the issue of "random" data collection; the ratio of information disclosure within the framework of transparency in the context of the protection of undisclosed information, information on intellectual property objects; revision of the approach on liability for violation of the provisions of the Draft in order to ensure a balance between preventiveness and economic benefits of practical implementation of principles of processing; provision of exemption cases when the operator did not know and should not have known about the application of the Draft requirements in order to eliminate "user extremism"; consideration of the possibility of providing measures aimed at eliminating the "consent fatigue". The results of this work can be useful both in the process of analysing and discussing the draft Law of the Republic of Belarus \"On Personal Data\" and to actors interested in the activity of collecting and processing personal data of individuals in the Republic of Belarus and (or) the European Union.

2011 – 2014 was of great importance to the credit institutions working within Lithuania. This period included all kinds of major developments, from suspension of credit institutions, to insolvencies and bankruptcies all of which was put under the magnifying glass by the actively working journalists. These events were actively discussed in Lithuania by both the public and various political figures which gave rise to multiple opinions and never before seen discussions. However, most importantly these actions gave rise to questions related to the supervision and legal regulation of credit institutions based within Lithuania, which is carried out by the Bank of Lithuania. Generally clients who decide to lend their monetary assets to banks or credit unions should be aware that they assume part of the risks of a possible credit institution collapse. However, once the deposit and/or investment is made, a state owned company "Deposit and Investment Insurance" (VĮ "Indėlių ir investicijų draudimas") also becomes responsible for it, if it's equal or less than 100.000 EUR (one hundred thousand euros). Adequate supervision of credit institutions in Lithuania and as a matter of fact – any other country, should result in a much lower risk for the creditor who lent or placed monetary deposits within the credit institution. This supervision should provide adequate protection for the creditors from the risk of credit institution insolvency. Effective supervision of credit institutions should prohibit credit institutions from taking inadequate risks, to prohibit moving away from the classic banking principles and most importantly, this supervision should prohibit violation of laws. These circumstances helps to create a stable financial framework. Legal regulation is the basis of ensuring that financial institutions, which possess a license to engage in acceptance and issue of monetary deposits from non-professional market participants have to be financially secure and reliable. Constant supervision of how credit institutions act in accordance to the legal legislation acts, prompt response to the problems which surface within the scope of activities of the credit institution, protection of depositor and public interest, create assumptions for supervisory authorities to exercise effective supervision of credit institutions. This master's paper indicates the effective supervision of credit institutions regulatory legal concept. Effective supervision of credit institutions regulation and supervisory authority of both the Bank of Lithuania and the European Central Bank (from here onwards - ECB) is analyzed. It should be taken into account that the ECB provides direct supervision to the three primary Lithuanian credit institutions; the ones that fall outside its scope are supervised by the Bank of Lithuania. Aforementioned institutions cooperating together issue and/or cancel authorizations for credit institutions to operate (credit unions are excluded), in addition, they evaluate the 5 acquisition of qualified share packets. It must be noted that supervision of credit institutions performed by the Bank of Lithuania must be done in accordance to the instructions and requirements placed by the ECB. In order to find out whether credit institution supervision legal regulation is effective in Lithuania, this paper provides an analysis of relevant Lithuanian legislation and how this legislation embodies the principles and requirements of effective bank supervision as pointed out by Basel bank supervision committee as well as International Credit Union Regulator's Network and World Council of Credit Unions pointed out supervisory principles and requirements. In addition, this paper compares Lithuanian legislation related to credit institution regulation to legislation used by financially and economically developed states. Furthermore, this paper includes topic related observations provided by the experts of this field. An analysis provided by this master's paper points out an observation that certain shortcomings (limitations) originate from the regulation of supervisory authorities (institutions) responsibility and requirements for credit institution management and application of external audit. This paper points out a list of suggestions and recommendations on how to remove/avoid these shortcomings. It is established within Lithuanian legislation that damages caused by the illegal actions of the Bank of Lithuania or its employee's, which relate to the supervision of financial market, are rewarded if the injured party proves that the Bank of Lithuania or its employees were guilty of damages. Analysis provided in the paper shows that supervision of credit institutions are more efficient when losses/-damages caused by the supervisory authorities or its employees are rewarded only in cases when losses/-damages were caused with dishonest intentions (in bad faith). It should be noted that the findings of the bank audit will become more reliable and helpful to supervisory institutions for purposes of supervision, if Lithuanian legislation would set requirements pursuant to which the auditors responsible for bank audits would be required to possess specialized knowledge and competence. In addition, in order to make credit institution supervision more effective, it is necessary to establish clear-cut requirements for auditors who perform bank audits; these requirements should include a principle of professional skepticism which should be recognizable and visible in the documents provided by the auditor. Criminal liability should be established in Lithuanian legislation for bank executives who make hasty decisions which in turn lead to bank insolvency, bankruptcy – collapse. These legal acts should enable supervisory authorities to carry out effective supervision of credit institutions. Setting the appropriate supervisory requirements for the credit institutions determine the level of effectiveness of its supervision. Since the root of problems within credit unions is the passive participation of the union managing members, it is of utmost importance to establish clearly

2011 – 2014 was of great importance to the credit institutions working within Lithuania. This period included all kinds of major developments, from suspension of credit institutions, to insolvencies and bankruptcies all of which was put under the magnifying glass by the actively working journalists. These events were actively discussed in Lithuania by both the public and various political figures which gave rise to multiple opinions and never before seen discussions. However, most importantly these actions gave rise to questions related to the supervision and legal regulation of credit institutions based within Lithuania, which is carried out by the Bank of Lithuania. Generally clients who decide to lend their monetary assets to banks or credit unions should be aware that they assume part of the risks of a possible credit institution collapse. However, once the deposit and/or investment is made, a state owned company "Deposit and Investment Insurance" (VĮ "Indėlių ir investicijų draudimas") also becomes responsible for it, if it's equal or less than 100.000 EUR (one hundred thousand euros). Adequate supervision of credit institutions in Lithuania and as a matter of fact – any other country, should result in a much lower risk for the creditor who lent or placed monetary deposits within the credit institution. This supervision should provide adequate protection for the creditors from the risk of credit institution insolvency. Effective supervision of credit institutions should prohibit credit institutions from taking inadequate risks, to prohibit moving away from the classic banking principles and most importantly, this supervision should prohibit violation of laws. These circumstances helps to create a stable financial framework. Legal regulation is the basis of ensuring that financial institutions, which possess a license to engage in acceptance and issue of monetary deposits from non-professional market participants have to be financially secure and reliable. Constant supervision of how credit institutions act in accordance to the legal legislation acts, prompt response to the problems which surface within the scope of activities of the credit institution, protection of depositor and public interest, create assumptions for supervisory authorities to exercise effective supervision of credit institutions. This master's paper indicates the effective supervision of credit institutions regulatory legal concept. Effective supervision of credit institutions regulation and supervisory authority of both the Bank of Lithuania and the European Central Bank (from here onwards - ECB) is analyzed. It should be taken into account that the ECB provides direct supervision to the three primary Lithuanian credit institutions; the ones that fall outside its scope are supervised by the Bank of Lithuania. Aforementioned institutions cooperating together issue and/or cancel authorizations for credit institutions to operate (credit unions are excluded), in addition, they evaluate the 5 acquisition of qualified share packets. It must be noted that supervision of credit institutions performed by the Bank of Lithuania must be done in accordance to the instructions and requirements placed by the ECB. In order to find out whether credit institution supervision legal regulation is effective in Lithuania, this paper provides an analysis of relevant Lithuanian legislation and how this legislation embodies the principles and requirements of effective bank supervision as pointed out by Basel bank supervision committee as well as International Credit Union Regulator's Network and World Council of Credit Unions pointed out supervisory principles and requirements. In addition, this paper compares Lithuanian legislation related to credit institution regulation to legislation used by financially and economically developed states. Furthermore, this paper includes topic related observations provided by the experts of this field. An analysis provided by this master's paper points out an observation that certain shortcomings (limitations) originate from the regulation of supervisory authorities (institutions) responsibility and requirements for credit institution management and application of external audit. This paper points out a list of suggestions and recommendations on how to remove/avoid these shortcomings. It is established within Lithuanian legislation that damages caused by the illegal actions of the Bank of Lithuania or its employee's, which relate to the supervision of financial market, are rewarded if the injured party proves that the Bank of Lithuania or its employees were guilty of damages. Analysis provided in the paper shows that supervision of credit institutions are more efficient when losses/-damages caused by the supervisory authorities or its employees are rewarded only in cases when losses/-damages were caused with dishonest intentions (in bad faith). It should be noted that the findings of the bank audit will become more reliable and helpful to supervisory institutions for purposes of supervision, if Lithuanian legislation would set requirements pursuant to which the auditors responsible for bank audits would be required to possess specialized knowledge and competence. In addition, in order to make credit institution supervision more effective, it is necessary to establish clear-cut requirements for auditors who perform bank audits; these requirements should include a principle of professional skepticism which should be recognizable and visible in the documents provided by the auditor. Criminal liability should be established in Lithuanian legislation for bank executives who make hasty decisions which in turn lead to bank insolvency, bankruptcy – collapse. These legal acts should enable supervisory authorities to carry out effective supervision of credit institutions. Setting the appropriate supervisory requirements for the credit institutions determine the level of effectiveness of its supervision. Since the root of problems within credit unions is the passive participation of the union managing members, it is of utmost importance to establish clearly

2011 – 2014 was of great importance to the credit institutions working within Lithuania. This period included all kinds of major developments, from suspension of credit institutions, to insolvencies and bankruptcies all of which was put under the magnifying glass by the actively working journalists. These events were actively discussed in Lithuania by both the public and various political figures which gave rise to multiple opinions and never before seen discussions. However, most importantly these actions gave rise to questions related to the supervision and legal regulation of credit institutions based within Lithuania, which is carried out by the Bank of Lithuania. Generally clients who decide to lend their monetary assets to banks or credit unions should be aware that they assume part of the risks of a possible credit institution collapse. However, once the deposit and/or investment is made, a state owned company "Deposit and Investment Insurance" (VĮ "Indėlių ir investicijų draudimas") also becomes responsible for it, if it's equal or less than 100.000 EUR (one hundred thousand euros). Adequate supervision of credit institutions in Lithuania and as a matter of fact – any other country, should result in a much lower risk for the creditor who lent or placed monetary deposits within the credit institution. This supervision should provide adequate protection for the creditors from the risk of credit institution insolvency. Effective supervision of credit institutions should prohibit credit institutions from taking inadequate risks, to prohibit moving away from the classic banking principles and most importantly, this supervision should prohibit violation of laws. These circumstances helps to create a stable financial framework. Legal regulation is the basis of ensuring that financial institutions, which possess a license to engage in acceptance and issue of monetary deposits from non-professional market participants have to be financially secure and reliable. Constant supervision of how credit institutions act in accordance to the legal legislation acts, prompt response to the problems which surface within the scope of activities of the credit institution, protection of depositor and public interest, create assumptions for supervisory authorities to exercise effective supervision of credit institutions. This master's paper indicates the effective supervision of credit institutions regulatory legal concept. Effective supervision of credit institutions regulation and supervisory authority of both the Bank of Lithuania and the European Central Bank (from here onwards - ECB) is analyzed. It should be taken into account that the ECB provides direct supervision to the three primary Lithuanian credit institutions; the ones that fall outside its scope are supervised by the Bank of Lithuania. Aforementioned institutions cooperating together issue and/or cancel authorizations for credit institutions to operate (credit unions are excluded), in addition, they evaluate the 5 acquisition of qualified share packets. It must be noted that supervision of credit institutions performed by the Bank of Lithuania must be done in accordance to the instructions and requirements placed by the ECB. In order to find out whether credit institution supervision legal regulation is effective in Lithuania, this paper provides an analysis of relevant Lithuanian legislation and how this legislation embodies the principles and requirements of effective bank supervision as pointed out by Basel bank supervision committee as well as International Credit Union Regulator's Network and World Council of Credit Unions pointed out supervisory principles and requirements. In addition, this paper compares Lithuanian legislation related to credit institution regulation to legislation used by financially and economically developed states. Furthermore, this paper includes topic related observations provided by the experts of this field. An analysis provided by this master's paper points out an observation that certain shortcomings (limitations) originate from the regulation of supervisory authorities (institutions) responsibility and requirements for credit institution management and application of external audit. This paper points out a list of suggestions and recommendations on how to remove/avoid these shortcomings. It is established within Lithuanian legislation that damages caused by the illegal actions of the Bank of Lithuania or its employee's, which relate to the supervision of financial market, are rewarded if the injured party proves that the Bank of Lithuania or its employees were guilty of damages. Analysis provided in the paper shows that supervision of credit institutions are more efficient when losses/-damages caused by the supervisory authorities or its employees are rewarded only in cases when losses/-damages were caused with dishonest intentions (in bad faith). It should be noted that the findings of the bank audit will become more reliable and helpful to supervisory institutions for purposes of supervision, if Lithuanian legislation would set requirements pursuant to which the auditors responsible for bank audits would be required to possess specialized knowledge and competence. In addition, in order to make credit institution supervision more effective, it is necessary to establish clear-cut requirements for auditors who perform bank audits; these requirements should include a principle of professional skepticism which should be recognizable and visible in the documents provided by the auditor. Criminal liability should be established in Lithuanian legislation for bank executives who make hasty decisions which in turn lead to bank insolvency, bankruptcy – collapse. These legal acts should enable supervisory authorities to carry out effective supervision of credit institutions. Setting the appropriate supervisory requirements for the credit institutions determine the level of effectiveness of its supervision. Since the root of problems within credit unions is the passive participation of the union managing members, it is of utmost importance to establish clearly

The aim of the Master thesis Does the Law System of the Republic of Lithuania Ensure the Non-Discrimination of Women in Labour Market is, by answering the problematic question, to conduct a scientific research and confirm or deny the hypothesis that the law system of the Republic of Lithuania does not ensure the non-discrimination of women in labour market. This topic is problematic because there is a legislative context established in Lithuania that aims to ensure equal individual rights in the field of labour. Despite the relative legislation, the official statistical data demonstrate that de facto situation of women in labour market is worse than men. In Lithuania only in 2012 in the age range of 25-34 there were 17.8% more women with higher education than men and, compared to men, their work pay gap was 12.6%. What is more, in the age range of 35-44 the work pay gap was 17.3%, and the employment rate of women was 3% smaller than men. Hence, the subject of the scientific study is the legal system of the Republic of Lithuania in terms of the non-discrimination/discrimination of women in labour market. The objectives of the paper are as follows: 1. interview the representatives of three different institutions in Lithuania in order to find out the main reasons, why the situation of women in the labour market is worse, and to provide the form and base of discrimination of women; 2. present the concept of positive actions and the application of tools of positive actions that ensure the non-discrimination of women in labour market; 3. analyze and describe how to ensure the non-discrimination of women in labour market on an international and supranational level; 4. analyze Lithuanian law and point out the imperfections of certain laws that do not ensure the non-discrimination of women in labour market. In the first chapter of this Master thesis the forms and reasons of women discrimination in labour market were analyzed. It was important to find what the forms of discrimination are and what factors influence the worse situation of women in labour market, compared to men. The study was done as follows: the representatives of three different Lithuanian institutions were interviewed, the comparative analysis of legislation was carried out, and the analysis of scientific publications was done. The results demonstrated that women in labour market are discrimanet for these reasons: lack of representation of women when making decisions, constantly reproduced gender stereotypes, and the higher burden of family responsibilities, compared to men. The base of discrimination are marital and family status, family commitment, pregnancy, and parental leave. The Lithuanian law provides four prohibited forms of discrimination: direct, indirect, harassment, and sexual harassment. However, the description of law has no direct relation with actual segregation in employment. The second chapter provides the analysis of the application of positive actions that ensure the non-discrimination of women in labour market. Positive actions are important because they eliminate actual inequality in social life. It was researched, what the tools of positive actions are in the public work sector and private work sector. The comparative analysis with other countries was carried out. The results revealed that the Lithuanian law treats positive actions as temporary special measures that are used to ensure equality and prevent the violation of equal rights because of gender-related and other reasons. However, there is no law in Lithuania that would provide the exact nature and conditions of application of these measures. The third chapter provides the analysis of how the non-discrimination of women in labour market on an international and supranational level is ensured. Descriptive, analytic, and comparative methods were used to find out what measures and mechanisms can help to ensure the non-discrimination if women in labour market. With the use of international mechanisms the United Nations obligate the countries-participants of convention to apply national measures in fighting with the discrimination of women in labour market. In Lithuania the Convention to Eliminate All Forms of Discrimination Against Women and the Optional Protocol to the Convention to Eliminate All Forms of Discrimination Against Women are confirmed. Lithuania, as a participating country, formally considers the recommendations regarding the worse situation of women in labour market and implements them through various national programs by modifying or supplementing the legislation. The influence of the European Union is felt on a supranational level when writing national legislation. There are many EU directives applied in the national law of Lithuania. However, not all of them are applied consistently because the non-discrimination of women in labour market is not the priority issue in Lithuania. Chapter 4 provides the analysis of the legislation and legal mechanisms of the Republic of Lithuania. The main focus was on the issue of maternity leave regulated by the Labour Code, and the issue of making decisions, appealing them, and functions of Equal Opportunities Ombudsman. These questions are important because they are directly related to the situation of women in labour market and the ability to address a quasi-judicial body with the appeal about violation of rights. The methods of scientific analysis used in this chapter are analytical method, descriptive method and interview. The provision of parental leave that is regulated by the Labour Code raises main problems regarding the situation of a woman in labour market because the stereotypical idea that only a woman should go on parental leave is still alive. A very small part of men choose to go on a parental leave what causes long breaks between work for women and strongly affects their career. The results showed that people in Lithuania trust the Equal Opportunities Ombudsman more than they trust court. However, the contemporary function of the Equal Opportunities Ombudsman, which is the supervision of law enforcement, and its related competence of imposing administrative liability regarding the violation of Act on Equal opportunities for Women and Men and Law on Equal Opportunities are limited. The results of this research are important because they reveal the imperfections of laws and pose a need to adopt amendments. After the scientific research was conducted, the hypothesis raised was confirmed: the law system of the Republic of Lithuania does not ensure the non-discrimination of women in labour market. The answer to the question, whether the law system of the Republic of Lithuania ensures the non-discrimination of women in labour market, is no.

National drug control policies and strategies are heavily dependent on the international legal framework. International standards set by United Nations drug control conventions serve as basic principles for the development and shape of national drug control systems. International drug control system has its own, a very specific history and dynamics of development in which the United States definitely did play a very important role promoting prohibitionist approach based on the abstinence paradigm. According to this paradigm drug use is acceptable only for scientific and medical purposes. Unsurprisingly, recreational or experimental use of drugs is considered as unacceptable and inevitably leading to addiction. This hard-line approach dominated in public discourse during the 20th century and the drug use was seen either as a sin or as a disease. However, it seems that from the beginning of the 21th century, international drug control regime, ideologically based on the abstinence paradigm, is facing big challenges and it is not entirely clear what to expect in the future. Ironically, the United States is the most important player again, but this time in quite the opposite role. Moralising teetotaller Dr. Jeckyll suddenly turned in a pothead Mr. Hyde. So-called "cannabis capitalism" process in several states of USA, when the sale of recreational cannabis was fully legalised, raised serious questions about the perspectives of international drug control system, because such practice is obviously in breach of the international law. Also it is important to note other signs of moving towards the drug policy with a human face, especially raising the popularity of the harm reduction approach to the drug problem and process of "soft deception' related to that. The latter means that some countries are choosing more tolerant approach theoretically not infringing legal boundaries set by the conventions. Considering the context provided above, the main purpose of this study was to make the analysis of the peculiarities of global drug control system and their interrelation with the national drug control policy in the light of personal drug use. In order to fulfil this goal historical analysis of the development of United Nations global drug control system was made, peculiarities and characteristic features of the legal framework of this system as well as legal boundaries set for countries by the conventions were analysed. Particular attention was paid to the international legal framework regarding personal drug use, different national practises in this perspective as well as possible directions of the future development of global drug control system were discussed. Finally, Lithuanian drug control policy in the context of United Nations drug control regime was discussed. Main research methods were: logical-linguistic, systemic, comparative as well as analysis of documents and secondary data. Moreover, relevant scientific literature, national and international legal acts in the area of drug control were studied. The drug control and drug policy primarily were explored from criminological and sociology of law perspectives. In author's point of view these interdisciplinary social sciences enable to achieve deeper understanding of drug control phenomenon than it is possible to attain using only narrow legalistic analysis of laws and legal norms. According to the findings of the study the drug control policy (national, regional or global) is a complex phenomenon influenced by many cultural, social and other factors as well as different interest groups (physicians, law enforcement agencies, etc.) operating in the drug control field. It is important to stress, that usually legal control has a very limited (if has at all) influence to the prevalence of illicit drug use, which is mostly determined by the culture, social policy and social context. On the other hand, the drug control remedies are significant when dealing with the high-risk/problem drug use. The United Nations conventions set legal boundaries to the countries, but there is a certain room of interpretation. United Nations institutions (especially International Drug Control Board) support the narrow interpretation of the treaties and usually criticise countries (as sending "wrong signals") that are leaning towards less strict drug policies. Accordingly, various harm reduction practises are on the edge of violation of international law but this is a matter of interpretation. The United Nations conventions and European Union documents make a clear distinction between drug dealing and activities attributed to personal use. The drug dealing is always a matter of criminal law; accordingly criminal sanctions should be strict enough. As regards to the personal drug use countries have more flexibility and other measures (administrative sanctions, medical treatment, etc.) could be applied. On the other hand, legal market of substances controlled by the Schedule IV (e.g. cannabis) could not be created at the same time not infringing international law. In the 21th century a gradual weakening of international drug control regime could be observed. The main feature of this phenomenon is a soft deception, which is related to the increasing popularity of the harm reduction doctrine. It goes hand in hand with the decriminalisation and/or the depenalisation of activities related to personal drug use shifting from punitive approach to the more health oriented. The main challenge to the existing global drug control system is de jure legalisation of cannabis in several USA states. It is related to the process of cannabis use "normalisation"; then such practice is not regarded as a pathological behaviour anymore. It is important to stress that this approach contradicts the abstinence paradigm, which is an ideological core of the United Nations conventions. It creates a high tension and the future of international drug control system in existing framework becomes uncertain. In order to maintain the stability of the system in particular and the trust in international law in general, the revision of UN drug control conventions seems to be inevitable. Lithuanian drug control policy is oriented to the strict control measures and prevention. As regards to the personal drug use till 2017 the drug gaining and possession were partially decriminalised because such activities were subject of either criminal or administrative liability. From 2017 onwards such activities are subject of criminal law only without any explanation of this change of law. Therefore, the Lithuanian drug control policy is moving to the opposite direction than in the Western world, i.e. to more strict measures regarding personal use of drugs. In this context, it is important to stress, that criminal law is considered as ultima ratio measure which has multiple side effects, thus criminalisation of certain activity or introduction of criminal sanctions must be strongly grounded. Preferably, not only by arguments, but also by hard empirical data supporting those arguments. It could be concluded, that decriminalisation in the sphere of personal drug use has legal and pragmatic assumptions. Such policy does not violate legal boundaries set by the United Nations conventions and reflects the newest tendencies of how modern drug control policy should look like. Last but not least, it is important to stress, that effective drug control policy should be evidence based. That means that drug policy changes should be supported by science innovations, empirical data, cost-benefit analysis, etc.

National drug control policies and strategies are heavily dependent on the international legal framework. International standards set by United Nations drug control conventions serve as basic principles for the development and shape of national drug control systems. International drug control system has its own, a very specific history and dynamics of development in which the United States definitely did play a very important role promoting prohibitionist approach based on the abstinence paradigm. According to this paradigm drug use is acceptable only for scientific and medical purposes. Unsurprisingly, recreational or experimental use of drugs is considered as unacceptable and inevitably leading to addiction. This hard-line approach dominated in public discourse during the 20th century and the drug use was seen either as a sin or as a disease. However, it seems that from the beginning of the 21th century, international drug control regime, ideologically based on the abstinence paradigm, is facing big challenges and it is not entirely clear what to expect in the future. Ironically, the United States is the most important player again, but this time in quite the opposite role. Moralising teetotaller Dr. Jeckyll suddenly turned in a pothead Mr. Hyde. So-called "cannabis capitalism" process in several states of USA, when the sale of recreational cannabis was fully legalised, raised serious questions about the perspectives of international drug control system, because such practice is obviously in breach of the international law. Also it is important to note other signs of moving towards the drug policy with a human face, especially raising the popularity of the harm reduction approach to the drug problem and process of "soft deception' related to that. The latter means that some countries are choosing more tolerant approach theoretically not infringing legal boundaries set by the conventions. Considering the context provided above, the main purpose of this study was to make the analysis of the peculiarities of global drug control system and their interrelation with the national drug control policy in the light of personal drug use. In order to fulfil this goal historical analysis of the development of United Nations global drug control system was made, peculiarities and characteristic features of the legal framework of this system as well as legal boundaries set for countries by the conventions were analysed. Particular attention was paid to the international legal framework regarding personal drug use, different national practises in this perspective as well as possible directions of the future development of global drug control system were discussed. Finally, Lithuanian drug control policy in the context of United Nations drug control regime was discussed. Main research methods were: logical-linguistic, systemic, comparative as well as analysis of documents and secondary data. Moreover, relevant scientific literature, national and international legal acts in the area of drug control were studied. The drug control and drug policy primarily were explored from criminological and sociology of law perspectives. In author's point of view these interdisciplinary social sciences enable to achieve deeper understanding of drug control phenomenon than it is possible to attain using only narrow legalistic analysis of laws and legal norms. According to the findings of the study the drug control policy (national, regional or global) is a complex phenomenon influenced by many cultural, social and other factors as well as different interest groups (physicians, law enforcement agencies, etc.) operating in the drug control field. It is important to stress, that usually legal control has a very limited (if has at all) influence to the prevalence of illicit drug use, which is mostly determined by the culture, social policy and social context. On the other hand, the drug control remedies are significant when dealing with the high-risk/problem drug use. The United Nations conventions set legal boundaries to the countries, but there is a certain room of interpretation. United Nations institutions (especially International Drug Control Board) support the narrow interpretation of the treaties and usually criticise countries (as sending "wrong signals") that are leaning towards less strict drug policies. Accordingly, various harm reduction practises are on the edge of violation of international law but this is a matter of interpretation. The United Nations conventions and European Union documents make a clear distinction between drug dealing and activities attributed to personal use. The drug dealing is always a matter of criminal law; accordingly criminal sanctions should be strict enough. As regards to the personal drug use countries have more flexibility and other measures (administrative sanctions, medical treatment, etc.) could be applied. On the other hand, legal market of substances controlled by the Schedule IV (e.g. cannabis) could not be created at the same time not infringing international law. In the 21th century a gradual weakening of international drug control regime could be observed. The main feature of this phenomenon is a soft deception, which is related to the increasing popularity of the harm reduction doctrine. It goes hand in hand with the decriminalisation and/or the depenalisation of activities related to personal drug use shifting from punitive approach to the more health oriented. The main challenge to the existing global drug control system is de jure legalisation of cannabis in several USA states. It is related to the process of cannabis use "normalisation"; then such practice is not regarded as a pathological behaviour anymore. It is important to stress that this approach contradicts the abstinence paradigm, which is an ideological core of the United Nations conventions. It creates a high tension and the future of international drug control system in existing framework becomes uncertain. In order to maintain the stability of the system in particular and the trust in international law in general, the revision of UN drug control conventions seems to be inevitable. Lithuanian drug control policy is oriented to the strict control measures and prevention. As regards to the personal drug use till 2017 the drug gaining and possession were partially decriminalised because such activities were subject of either criminal or administrative liability. From 2017 onwards such activities are subject of criminal law only without any explanation of this change of law. Therefore, the Lithuanian drug control policy is moving to the opposite direction than in the Western world, i.e. to more strict measures regarding personal use of drugs. In this context, it is important to stress, that criminal law is considered as ultima ratio measure which has multiple side effects, thus criminalisation of certain activity or introduction of criminal sanctions must be strongly grounded. Preferably, not only by arguments, but also by hard empirical data supporting those arguments. It could be concluded, that decriminalisation in the sphere of personal drug use has legal and pragmatic assumptions. Such policy does not violate legal boundaries set by the United Nations conventions and reflects the newest tendencies of how modern drug control policy should look like. Last but not least, it is important to stress, that effective drug control policy should be evidence based. That means that drug policy changes should be supported by science innovations, empirical data, cost-benefit analysis, etc.

Public Sector Economics Master's final thesis topic is of interest because we consider the Lithuanian state pension system. Pension system - is one of the elements of social protection. Social security is the basic institution which protects the national market economy. Five years ago Lithuania was launched in the state social insurance pension system reform. This reform is part of the state social insurance pension system privatization. This step and the context of criticism and support. Lithuanian scientists perform calculations and statistical analysis is very critical and critical carried out the reform. According to the reformed pension system is not fair, they will suffer most from the current retirees and older workers today, outside the system (Gylys, 2002). Studies have shown that the state social insurance pension system creates greater social security or private pension systems (Bitinas, 2008). By the way Lithuania private pension system developed state social insurance pension account. The implementation of pension reform should address the question of the social impact of the pension system will in the future. Pension system should be managed in the interest of social justice. Free Market Institute, experts agree the privatization of the pension system, they argue that in order to save people's pensions, rather than the current Social Security system needs radical reform, with the ultimate aim of the mandatory state social insurance waiver. However, the social insurance welfare state development rate under the responsibility of the state. Pension Scheme, together with health care is generally considered the heart of the welfare state. Therefore, public retirement systems management efficiency can be increased by the introduction of new management methods. Member image depends on how it can take care of older and disabled people nationally. Recently, public pensions through industrialized countries have already rightly equated old age poverty. The working generation supports the contributions of its pension scheme. Funded pension system will undoubtedly have been associated with positive intentions. However, this system there is still a lot of problems. These systems benefit in the long term it is extremely difficult to predict. Prior to the pension system reform, and it was done by the start of an aggressive and irresponsible advertising campaign, which has information about the underlying luxurious old age, participation in the choice of pension reform in the second stage. However, it was completely silent on the possible effects of pension reform. The author's view, cumulative pension system and the effectiveness of optimistic results of Lithuania allow the question and an incomplete legal framework in this area. There is no defined risk management and liability transferred to the State Social Insurance Fund contributions. Does not provide for the mandatory pension funds and the profitability of their specific commitments and guarantees the pension fund participant. There is no doubt, and the pension system's objectives are achieved. Pension system of the Lithuanian Republic consists of a state pension and social assistance benefits paid from the state budget and the state social insurance pensions, paid from the State Social Insurance Fund budget. State pensions are paid for certain services rendered to the state or certain professions. The state pension coverage tends to increase, in addition to a systematic increase in state pension base. State pensions offer unreasonable benefits to their recipients in violation of social justice, finally, is compounded by the burden of state, increasing the State budget. Pay-as-you-go today as a government social security fund system in line with European standards and has its own advantages. This system provides a sound social security, the contributions of persons liable for the financial sustainability of this system is responsible for the State. This system is simple and versatile, collected contributions from the immediate allocation of benefits. For this reason, the management of the system is cheap. This system is stable, it is immune to investment risk and inflation, the system constantly monitors the state because it is \"public.\" The social security pension system creates greater social security. The main advantage of this system fosters solidarity. This feature of the welfare state, showing the state of social maturity and respect for its citizens. A state social insurance pension system in the pay and benefits approach, the main problem is the state social insurance budget formation. As shown by the State Social Insurance Fund budget analysis, a one-year budget is not stable. It depends on the country's economic situation. By the way, one-year budget is very difficult to provide balanced. Today the country's economy is global, depends not only on their country's economic indicators, but also from all over the world of global events. This is a direct effect on State Social Insurance Fund budget. There must be a reserve fund, which went State Social Insurance Fund budget surplus in order to cover the projected future costs. Another proposal of the state social insurance to ensure financial sustainability would be that a pension should increase their funding base, part of a pension, for example, the main part of the financing from the state budget; by the way the State has more sources in the collection of taxes. This would help to increase the state social insurance contributions and increase the competitiveness of companies in ensuring the State Social Insurance Fund budget for the financial sustainability. Five years ago started a partial state social insurance pension privatization. This reform was made subject to certain objectives. The paper addresses the following broad objectives and their implementation. One of the goals was to balance the budget of the State Social Insurance fund. As shown by the work of analysis, State Social Insurance Fund budget depends on the economy: in good times - the budget surplus, during periods of economic downturn - the budget deficit. Since the creation of private pensions is the DHS pension account balance the budget solely State Social Insurance Fund this budget is difficult, especially in the economic downturn. Another objective of introducing the reform was to change the pension system so that individuals receive a higher pension than without reform. The paper's calculations show that the 2004 - 2008 the average pension growth rate of 18.05, while the second-tier funds transferred funds only 3.57. This means that the funds transferred to the pension funds did not increase faster than the increase in the State Social Insurance Fund pension, the past five years their presence was detrimental. The ongoing pension reform was to abandon privileged pensions. The paper analysis showed that the current number of persons receiving two or more pensions waived privileged pensions, low to consistently and systematically increase the basic state pension level. To prepare for the pension reform was considered investing in private pension funds thanks to spur economic growth. But, since a large part of the capital invested abroad, our country's economy does not receive the investment and can contribute to economic growth. Pension reform is ongoing in many foreign countries. Pension system was reformed in several directions. That's raising the retirement age, and the introduction of private funded pensions, the supplementary voluntary pension insurance promotion Pensions Reserve Fund, the promotion of older people to remain in the labor market early and partial retirement. Foreign countries have a wide variety of pension, is a different experience in the development of private pension funds. Developed European countries set up additional reserves. In good economic situation in the accumulation of assets that, if necessary, to cover the increased costs of default. The largest funds are pension reserve funds have been generated in Finland, Sweden, Denmark and Luxembourg.

Public Sector Economics Master's final thesis topic is of interest because we consider the Lithuanian state pension system. Pension system - is one of the elements of social protection. Social security is the basic institution which protects the national market economy. Five years ago Lithuania was launched in the state social insurance pension system reform. This reform is part of the state social insurance pension system privatization. This step and the context of criticism and support. Lithuanian scientists perform calculations and statistical analysis is very critical and critical carried out the reform. According to the reformed pension system is not fair, they will suffer most from the current retirees and older workers today, outside the system (Gylys, 2002). Studies have shown that the state social insurance pension system creates greater social security or private pension systems (Bitinas, 2008). By the way Lithuania private pension system developed state social insurance pension account. The implementation of pension reform should address the question of the social impact of the pension system will in the future. Pension system should be managed in the interest of social justice. Free Market Institute, experts agree the privatization of the pension system, they argue that in order to save people's pensions, rather than the current Social Security system needs radical reform, with the ultimate aim of the mandatory state social insurance waiver. However, the social insurance welfare state development rate under the responsibility of the state. Pension Scheme, together with health care is generally considered the heart of the welfare state. Therefore, public retirement systems management efficiency can be increased by the introduction of new management methods. Member image depends on how it can take care of older and disabled people nationally. Recently, public pensions through industrialized countries have already rightly equated old age poverty. The working generation supports the contributions of its pension scheme. Funded pension system will undoubtedly have been associated with positive intentions. However, this system there is still a lot of problems. These systems benefit in the long term it is extremely difficult to predict. Prior to the pension system reform, and it was done by the start of an aggressive and irresponsible advertising campaign, which has information about the underlying luxurious old age, participation in the choice of pension reform in the second stage. However, it was completely silent on the possible effects of pension reform. The author's view, cumulative pension system and the effectiveness of optimistic results of Lithuania allow the question and an incomplete legal framework in this area. There is no defined risk management and liability transferred to the State Social Insurance Fund contributions. Does not provide for the mandatory pension funds and the profitability of their specific commitments and guarantees the pension fund participant. There is no doubt, and the pension system's objectives are achieved. Pension system of the Lithuanian Republic consists of a state pension and social assistance benefits paid from the state budget and the state social insurance pensions, paid from the State Social Insurance Fund budget. State pensions are paid for certain services rendered to the state or certain professions. The state pension coverage tends to increase, in addition to a systematic increase in state pension base. State pensions offer unreasonable benefits to their recipients in violation of social justice, finally, is compounded by the burden of state, increasing the State budget. Pay-as-you-go today as a government social security fund system in line with European standards and has its own advantages. This system provides a sound social security, the contributions of persons liable for the financial sustainability of this system is responsible for the State. This system is simple and versatile, collected contributions from the immediate allocation of benefits. For this reason, the management of the system is cheap. This system is stable, it is immune to investment risk and inflation, the system constantly monitors the state because it is \"public.\" The social security pension system creates greater social security. The main advantage of this system fosters solidarity. This feature of the welfare state, showing the state of social maturity and respect for its citizens. A state social insurance pension system in the pay and benefits approach, the main problem is the state social insurance budget formation. As shown by the State Social Insurance Fund budget analysis, a one-year budget is not stable. It depends on the country's economic situation. By the way, one-year budget is very difficult to provide balanced. Today the country's economy is global, depends not only on their country's economic indicators, but also from all over the world of global events. This is a direct effect on State Social Insurance Fund budget. There must be a reserve fund, which went State Social Insurance Fund budget surplus in order to cover the projected future costs. Another proposal of the state social insurance to ensure financial sustainability would be that a pension should increase their funding base, part of a pension, for example, the main part of the financing from the state budget; by the way the State has more sources in the collection of taxes. This would help to increase the state social insurance contributions and increase the competitiveness of companies in ensuring the State Social Insurance Fund budget for the financial sustainability. Five years ago started a partial state social insurance pension privatization. This reform was made subject to certain objectives. The paper addresses the following broad objectives and their implementation. One of the goals was to balance the budget of the State Social Insurance fund. As shown by the work of analysis, State Social Insurance Fund budget depends on the economy: in good times - the budget surplus, during periods of economic downturn - the budget deficit. Since the creation of private pensions is the DHS pension account balance the budget solely State Social Insurance Fund this budget is difficult, especially in the economic downturn. Another objective of introducing the reform was to change the pension system so that individuals receive a higher pension than without reform. The paper's calculations show that the 2004 - 2008 the average pension growth rate of 18.05, while the second-tier funds transferred funds only 3.57. This means that the funds transferred to the pension funds did not increase faster than the increase in the State Social Insurance Fund pension, the past five years their presence was detrimental. The ongoing pension reform was to abandon privileged pensions. The paper analysis showed that the current number of persons receiving two or more pensions waived privileged pensions, low to consistently and systematically increase the basic state pension level. To prepare for the pension reform was considered investing in private pension funds thanks to spur economic growth. But, since a large part of the capital invested abroad, our country's economy does not receive the investment and can contribute to economic growth. Pension reform is ongoing in many foreign countries. Pension system was reformed in several directions. That's raising the retirement age, and the introduction of private funded pensions, the supplementary voluntary pension insurance promotion Pensions Reserve Fund, the promotion of older people to remain in the labor market early and partial retirement. Foreign countries have a wide variety of pension, is a different experience in the development of private pension funds. Developed European countries set up additional reserves. In good economic situation in the accumulation of assets that, if necessary, to cover the increased costs of default. The largest funds are pension reserve funds have been generated in Finland, Sweden, Denmark and Luxembourg.

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