Suchergebnisse

Domestic violence is negative phenomenon, which occurs in society quite frequently. This is criminal act, which proper qualification raises various legal issues. The latter are related to the lack of violence forms definition, qualification of violence and proper assessment of phenomenon that depends from limitation of legislation. Therefore, purpose of this study is to reveal forms of domestic violence (physical, psychological, sexual and economic) and their qualification in Lithuanian courts practice. Study purpose: to reveal problematic aspects of domestic violence qualification. The study revealed that psychological and economic violence proving is difficult due to the lack of criteria for identifying this act in the absence of solid evidence. The analysis of Lithuanian case law revealed that classification of physical violence as a minor criminal offense does not reach the level of severity for which the perpetrator could be prosecuted is problem. In the courts, it is difficult to determine the insignificance of experienced physical domestic violence. This is due to different case law in assessing the nature of physical violence experienced in the immediate surroundings, subjective and objective criteria and circumstances. The issue of negligible is not defined in the law but is evaluated according to different criteria; there is no uniform case law on this issue. In qualifying psychological violence and mental violence, there are no specific criteria for proving these criminal acts, which makes courts asses such forms of violence differently, therefore it remains unclear what kind of violence was experienced and how it should be assessed in accordance with the provisions of the criminal procedure.

Domestic violence is negative phenomenon, which occurs in society quite frequently. This is criminal act, which proper qualification raises various legal issues. The latter are related to the lack of violence forms definition, qualification of violence and proper assessment of phenomenon that depends from limitation of legislation. Therefore, purpose of this study is to reveal forms of domestic violence (physical, psychological, sexual and economic) and their qualification in Lithuanian courts practice. Study purpose: to reveal problematic aspects of domestic violence qualification. The study revealed that psychological and economic violence proving is difficult due to the lack of criteria for identifying this act in the absence of solid evidence. The analysis of Lithuanian case law revealed that classification of physical violence as a minor criminal offense does not reach the level of severity for which the perpetrator could be prosecuted is problem. In the courts, it is difficult to determine the insignificance of experienced physical domestic violence. This is due to different case law in assessing the nature of physical violence experienced in the immediate surroundings, subjective and objective criteria and circumstances. The issue of negligible is not defined in the law but is evaluated according to different criteria; there is no uniform case law on this issue. In qualifying psychological violence and mental violence, there are no specific criteria for proving these criminal acts, which makes courts asses such forms of violence differently, therefore it remains unclear what kind of violence was experienced and how it should be assessed in accordance with the provisions of the criminal procedure.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

Family disputes are one of the major growth areas for mediation in USA, Canada and many European countries. Mediation is just starting to be used in Lithuania. The first exeprimental court mediation project was ratified in 2005. Mediation is going to be tendered in civil cases. Nevertheless family mediaton was not distinguished as a special service. In this articel we made an attempt to analyse experience of foreign countries in the family mediation and to consider psychological aspects of family mediation. Analysis of literature helped to formulate suggestions for family mediation model in Lithuania. It is important to inform those seeking legal aid in family disputes about the availability of family mediation. It is important to include psychologists, social work specialists not only lawyers in preparation of family mediation programs. State service model of family mediation is more suitable for Lithuania. Family mediation is more able to satisfy needs of the clients and their children than traditional court processes. ; Šeimos ginčai yra viena populiariausių mediacijos sričių JAV, Kanadoje ir daugelyje Vakarų Europos šalių. Lietuvoje mediacija žengia pirmuosius žingsnius. Pirmasis bandomasis teismų mediacijos projektas Vilniaus miesto 2 apylinkės teisme civilinėse bylose neišskyrė šeimos mediacijos kaip atskiros paslaugos ir nerengė šeimos mediatorių. Šiame straipsnyje analizuojama užsienio šalių patirtis šeimos mediacijos srityje, aptariami šeimos mediacijos psichologiniai aspektai. Remiantis literatūros apžvalga, suformuluotos rekomendacijos šeimos mediacijos modeliui Lietuvoje parengti. Siekiant Lietuvoje įdiegti ir populiarinti šeimos mediaciją, svarbu, kad apie šeimos mediacijos paslaugas informaciją gautų visi, kas kreipiasi teisinės pagalbos dėl šeiminių ginčų. Rengiant šeimos mediatorių programas ir šeimos mediatorius, Lietuvoje svarbu įtraukti ir psichologus, ir socialinio darbo specialistus, norint, kad šeimos mediacija ir Lietuvoje būtų išpopuliarinta, pirmiausia reikalinga valstybės teikiama paslauga. Šeimos mediacijos procesas padeda geriau negu tradicinės teisines procedūros patenkinti abiejų ginčo šalių ir jų vaikų interesus.

Nowadays advertising is one of the major factors used in order to attract as many clients as possible, form their needs and in such way guarantee that they would become regular clients. Usually these regular clients are teenagers. They are a special group of spectators. Unlike adults, they do not always understand what advertising is and what their creators seek for by it. The principal factor, influencing how a child or a teenager understands advertising, is his age. Objective of the research is teenagers' attitude towards advertising as a socio-cultural phenomenon. The aim of research is to find out teenagers' attitude towards advertising as a socio-cultural phenomenon. The hypothesis is the following: whereas advertising develop consumer society; therefore, having analyzed teenagers' attitude towards advertising as a socio-cultural phenomenon, we could understand how they conceive it and offer recommendations how to teach teenagers to understand the advertising. The goals of research: 1) to reveal the features of advertising as a socio-cultural phenomenon in accordance with the bibliography; 2) to discuss the psychological aspects of the stage of adolescence; 3) to analyze teenagers' attitude towards advertising as a socio-cultural phenomenon. Research methods. Theoretical: system analysis of bibliography analyzing psychological peculiarities of advertising as a socio-cultural phenomenon and of the stage of adolescence. Empirical: declarative research (questionnaire survey of student from forms VII-X). Methods of mathematical statistics: percentage data analysis, correlation analysis, application of chi-square criterion. Findings. 1. Advertising reflects our culture, politics, economics and morality. It functions as a mirror; however, by reflecting the image which is seen, distort it as well. Being concise, information, advertising is able to create and adjust values, having influence to the socio-culture. 2. Identity crisis; visual expression crisis; formation of self-consciousness; problem of psychical and social maturation; moral, cognitive development is common to the stage of adolescence. 3. The data of research showed that advertising is not only the source of information to some students. Advertising dictates fashions to them, stimulates their interest, and provides with ideas for creation. VII form students look at advertising superficially, it is more as a source of information about the goods to them. X form students start to select, compare and seek for creative ideas in them. They show less interest in the good itself in the advertisement, but try to understand its meaning more, gain concrete values. For students, advertisement is not only a common image. Teenagers are able to reveal the means of art expression in the advertising. Recommendations:1. Ad creators should pay bigger attention towards the auditory, for which the advertisement is directly intended, the possibilities of distortion of information and the level of maturity. Ad creators should raise moral values of the society, such as, for example, friendship, tenderness, honesty, justice, dignity and respect to others in the advertisements. 2. Advertisers understanding that teenagers have a very vivid and they are very trustful can not have the use of it. Having the ability to directly and indirectly stimulate the possible images of quality of product and its usage, they have a huge power due to which they could define the boundary between the reality and illusion.

Nowadays advertising is one of the major factors used in order to attract as many clients as possible, form their needs and in such way guarantee that they would become regular clients. Usually these regular clients are teenagers. They are a special group of spectators. Unlike adults, they do not always understand what advertising is and what their creators seek for by it. The principal factor, influencing how a child or a teenager understands advertising, is his age. Objective of the research is teenagers' attitude towards advertising as a socio-cultural phenomenon. The aim of research is to find out teenagers' attitude towards advertising as a socio-cultural phenomenon. The hypothesis is the following: whereas advertising develop consumer society; therefore, having analyzed teenagers' attitude towards advertising as a socio-cultural phenomenon, we could understand how they conceive it and offer recommendations how to teach teenagers to understand the advertising. The goals of research: 1) to reveal the features of advertising as a socio-cultural phenomenon in accordance with the bibliography; 2) to discuss the psychological aspects of the stage of adolescence; 3) to analyze teenagers' attitude towards advertising as a socio-cultural phenomenon. Research methods. Theoretical: system analysis of bibliography analyzing psychological peculiarities of advertising as a socio-cultural phenomenon and of the stage of adolescence. Empirical: declarative research (questionnaire survey of student from forms VII-X). Methods of mathematical statistics: percentage data analysis, correlation analysis, application of chi-square criterion. Findings. 1. Advertising reflects our culture, politics, economics and morality. It functions as a mirror; however, by reflecting the image which is seen, distort it as well. Being concise, information, advertising is able to create and adjust values, having influence to the socio-culture. 2. Identity crisis; visual expression crisis; formation of self-consciousness; problem of psychical and social maturation; moral, cognitive development is common to the stage of adolescence. 3. The data of research showed that advertising is not only the source of information to some students. Advertising dictates fashions to them, stimulates their interest, and provides with ideas for creation. VII form students look at advertising superficially, it is more as a source of information about the goods to them. X form students start to select, compare and seek for creative ideas in them. They show less interest in the good itself in the advertisement, but try to understand its meaning more, gain concrete values. For students, advertisement is not only a common image. Teenagers are able to reveal the means of art expression in the advertising. Recommendations:1. Ad creators should pay bigger attention towards the auditory, for which the advertisement is directly intended, the possibilities of distortion of information and the level of maturity. Ad creators should raise moral values of the society, such as, for example, friendship, tenderness, honesty, justice, dignity and respect to others in the advertisements. 2. Advertisers understanding that teenagers have a very vivid and they are very trustful can not have the use of it. Having the ability to directly and indirectly stimulate the possible images of quality of product and its usage, they have a huge power due to which they could define the boundary between the reality and illusion.