Suchergebnisse

In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of fight against terrorists – that is, targeted killings, especially by the means of unmanned airplanes, in the context of the norms and principles of IHL.

The amount of non-state actors and their influence at the end of the XX centuries increased rapidly in various international areas. Thereby, non-state actors became one of the most prominent international actors on a level with states but with limited legal subjectivity. Moreover, this limited legal subjectivity does not give a huge scope of rights and does not impose full obligations with regard to following all international rules in their practice. In this respect, the creation of the unified definition of non-state actors for further its implementation as a legally binding is vital for all international community. Moreover, it should be noted that there is a vital necessity to determine the status of the non-state actors in specific areas of international law namely: the role of the non-state actors in the law-making process and possible applicability of international humanitarian law to non-state actors. From the results of research, it should be mentioned that the unified definition of non-state actors that was given in this Master thesis would be appropriate for recognition by the international community as legally binding. Moreover, despite the fact that non-state actors do not have a direct impact on the international law-making process they found out another possible option -to influence states and participate in the law-making process as an advisor in various fields. Also, it is necessary to emphasize that international humanitarian law in limited scope is applicable to non-state actors.

SUMMARY The fundamental conceptions of the tax law are analyzed in the Master's Thesis "Tax Law: the aspects of the common law theory". The objective of the Master's Thesis is to describe and analyze the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory. The fundamental categories of the common law theory and legal norms, regulating public relations in the tax area, are researched in the Master's Thesis. The work contains the analysis of the problematic issues of the tax law conception. It contains the analysis of the theoretical section of the tax law functioning by concentrating on the phenomenon itself, and the discussion of the main concepts and limits. There is no strong opinion on the topic, whether it is already time to discuss the tax law as an independent law branch as yet. The answer to this problem and other similar issues is sought in this Master's Thesis from the perspective of the common law by researching and testing the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory (legal norm, conception of law, structure of law, law resources, subject of legal regulation, method, etc.). The work contains the review of theoretical issues of legal regulation and law application, the analysis of normative legislative acts and the practice of courts, the research of the following normative legislative acts: the Constitution, the Civil Code of the Republic of Lithuania, the Law on Tax Administration of the Republic of Lithuania and other legislation, and the analysis of the practice of the Supreme Court of Lithuania. The review is completed by the evaluation, i.e. strengths and weaknesses of the authors' opinions are highlighted and the personal opinion on the analyzed issues is submitted. The conclusion is reached that perception of the problematic issues of the law conception may bring a lot of benefits both in theoretical and practical activities, since the perception of the law by the particular judge may determine the judgment in a specific case.

SUMMARY The fundamental conceptions of the tax law are analyzed in the Master's Thesis "Tax Law: the aspects of the common law theory". The objective of the Master's Thesis is to describe and analyze the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory. The fundamental categories of the common law theory and legal norms, regulating public relations in the tax area, are researched in the Master's Thesis. The work contains the analysis of the problematic issues of the tax law conception. It contains the analysis of the theoretical section of the tax law functioning by concentrating on the phenomenon itself, and the discussion of the main concepts and limits. There is no strong opinion on the topic, whether it is already time to discuss the tax law as an independent law branch as yet. The answer to this problem and other similar issues is sought in this Master's Thesis from the perspective of the common law by researching and testing the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory (legal norm, conception of law, structure of law, law resources, subject of legal regulation, method, etc.). The work contains the review of theoretical issues of legal regulation and law application, the analysis of normative legislative acts and the practice of courts, the research of the following normative legislative acts: the Constitution, the Civil Code of the Republic of Lithuania, the Law on Tax Administration of the Republic of Lithuania and other legislation, and the analysis of the practice of the Supreme Court of Lithuania. The review is completed by the evaluation, i.e. strengths and weaknesses of the authors' opinions are highlighted and the personal opinion on the analyzed issues is submitted. The conclusion is reached that perception of the problematic issues of the law conception may bring a lot of benefits both in theoretical and practical activities, since the perception of the law by the particular judge may determine the judgment in a specific case.

SUMMARY The fundamental conceptions of the tax law are analyzed in the Master's Thesis "Tax Law: the aspects of the common law theory". The objective of the Master's Thesis is to describe and analyze the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory. The fundamental categories of the common law theory and legal norms, regulating public relations in the tax area, are researched in the Master's Thesis. The work contains the analysis of the problematic issues of the tax law conception. It contains the analysis of the theoretical section of the tax law functioning by concentrating on the phenomenon itself, and the discussion of the main concepts and limits. There is no strong opinion on the topic, whether it is already time to discuss the tax law as an independent law branch as yet. The answer to this problem and other similar issues is sought in this Master's Thesis from the perspective of the common law by researching and testing the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory (legal norm, conception of law, structure of law, law resources, subject of legal regulation, method, etc.). The work contains the review of theoretical issues of legal regulation and law application, the analysis of normative legislative acts and the practice of courts, the research of the following normative legislative acts: the Constitution, the Civil Code of the Republic of Lithuania, the Law on Tax Administration of the Republic of Lithuania and other legislation, and the analysis of the practice of the Supreme Court of Lithuania. The review is completed by the evaluation, i.e. strengths and weaknesses of the authors' opinions are highlighted and the personal opinion on the analyzed issues is submitted. The conclusion is reached that perception of the problematic issues of the law conception may bring a lot of benefits both in theoretical and practical activities, since the perception of the law by the particular judge may determine the judgment in a specific case.

SUMMARY The fundamental conceptions of the tax law are analyzed in the Master's Thesis "Tax Law: the aspects of the common law theory". The objective of the Master's Thesis is to describe and analyze the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory. The fundamental categories of the common law theory and legal norms, regulating public relations in the tax area, are researched in the Master's Thesis. The work contains the analysis of the problematic issues of the tax law conception. It contains the analysis of the theoretical section of the tax law functioning by concentrating on the phenomenon itself, and the discussion of the main concepts and limits. There is no strong opinion on the topic, whether it is already time to discuss the tax law as an independent law branch as yet. The answer to this problem and other similar issues is sought in this Master's Thesis from the perspective of the common law by researching and testing the legal norms, regulating public relations related to taxes, in their entirety using categories of the common law theory (legal norm, conception of law, structure of law, law resources, subject of legal regulation, method, etc.). The work contains the review of theoretical issues of legal regulation and law application, the analysis of normative legislative acts and the practice of courts, the research of the following normative legislative acts: the Constitution, the Civil Code of the Republic of Lithuania, the Law on Tax Administration of the Republic of Lithuania and other legislation, and the analysis of the practice of the Supreme Court of Lithuania. The review is completed by the evaluation, i.e. strengths and weaknesses of the authors' opinions are highlighted and the personal opinion on the analyzed issues is submitted. The conclusion is reached that perception of the problematic issues of the law conception may bring a lot of benefits both in theoretical and practical activities, since the perception of the law by the particular judge may determine the judgment in a specific case.

Civil Aspects of International Child Abduction in the European Union Law This thesis analyses the institute of Civil Aspects of International Child Abduction in European Union law. The purpose of this institute is to discourage child's parents or other custody rights holders from unlawful child's removal and/or retention to other countries. The procedure of a child return is strictly regulated, inter alia, by the provisions set out in the 1980 Hague Convention on Child Abduction and Brussels II bis Regulation. As of 2022 Brussels II bis Regulation is being recast resulting changes in the legal regulation of this institute consequently they were described in this work. The first part of this thesis deals with the general concept of the institute, the jurisdictional rules, the principles of the protection of the best interests of a child. The second part of this thesis analyses the procedure of a child return in court, the peculiarities of the exemptions provided in the 1980 Hague Convention, the importance of the terms established by the previous mentioned laws. In the third part of this paper the author analyses the process after the decision of the court to return or to refuse to return child to the country of his origin. It is anticipated that this analysis will contribute to more effective application of the institute of the Child Abduction in the case law of Lithuania.

Civil Aspects of International Child Abduction in the European Union Law This thesis analyses the institute of Civil Aspects of International Child Abduction in European Union law. The purpose of this institute is to discourage child's parents or other custody rights holders from unlawful child's removal and/or retention to other countries. The procedure of a child return is strictly regulated, inter alia, by the provisions set out in the 1980 Hague Convention on Child Abduction and Brussels II bis Regulation. As of 2022 Brussels II bis Regulation is being recast resulting changes in the legal regulation of this institute consequently they were described in this work. The first part of this thesis deals with the general concept of the institute, the jurisdictional rules, the principles of the protection of the best interests of a child. The second part of this thesis analyses the procedure of a child return in court, the peculiarities of the exemptions provided in the 1980 Hague Convention, the importance of the terms established by the previous mentioned laws. In the third part of this paper the author analyses the process after the decision of the court to return or to refuse to return child to the country of his origin. It is anticipated that this analysis will contribute to more effective application of the institute of the Child Abduction in the case law of Lithuania.

Civil Aspects of International Child Abduction in the European Union Law This thesis analyses the institute of Civil Aspects of International Child Abduction in European Union law. The purpose of this institute is to discourage child's parents or other custody rights holders from unlawful child's removal and/or retention to other countries. The procedure of a child return is strictly regulated, inter alia, by the provisions set out in the 1980 Hague Convention on Child Abduction and Brussels II bis Regulation. As of 2022 Brussels II bis Regulation is being recast resulting changes in the legal regulation of this institute consequently they were described in this work. The first part of this thesis deals with the general concept of the institute, the jurisdictional rules, the principles of the protection of the best interests of a child. The second part of this thesis analyses the procedure of a child return in court, the peculiarities of the exemptions provided in the 1980 Hague Convention, the importance of the terms established by the previous mentioned laws. In the third part of this paper the author analyses the process after the decision of the court to return or to refuse to return child to the country of his origin. It is anticipated that this analysis will contribute to more effective application of the institute of the Child Abduction in the case law of Lithuania.

Civil Aspects of International Child Abduction in the European Union Law This thesis analyses the institute of Civil Aspects of International Child Abduction in European Union law. The purpose of this institute is to discourage child's parents or other custody rights holders from unlawful child's removal and/or retention to other countries. The procedure of a child return is strictly regulated, inter alia, by the provisions set out in the 1980 Hague Convention on Child Abduction and Brussels II bis Regulation. As of 2022 Brussels II bis Regulation is being recast resulting changes in the legal regulation of this institute consequently they were described in this work. The first part of this thesis deals with the general concept of the institute, the jurisdictional rules, the principles of the protection of the best interests of a child. The second part of this thesis analyses the procedure of a child return in court, the peculiarities of the exemptions provided in the 1980 Hague Convention, the importance of the terms established by the previous mentioned laws. In the third part of this paper the author analyses the process after the decision of the court to return or to refuse to return child to the country of his origin. It is anticipated that this analysis will contribute to more effective application of the institute of the Child Abduction in the case law of Lithuania.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.

The biggest concern for the Lithuanian national criminal and criminal procedure law is the definition of features of certain crimes and minimal terms of imprisonment for certain crimes in EU legislation, as well as withdrawal of the rule of ne bis in idem in international legal assistance in criminal matters.