Suchergebnisse

This aim of this Master's thesis is to carry out the analysis of health care quality of people serving imprisonment sentences. There are several works and studies of foreign authors on this theme, however Lithuania is unlikely to have at least one scientific work dealing with health care quality of prisoners. Non-governmental organizations and defenders of human rights draw attention to the serious existing problems of health care quality assurance in places of detention. The existing international, regional and national legislation establish a person's right to health, the best possible mental, emotional and social well-being. The prisoners are not an exception. It is noted that the freedoms of prisoners must be the same, equivalent health care services that are available in the country without discrimination based on their legal status. However, the practice is different. Persons that are in custodial places lose access to health care services that were available to them while they were outside of prison. Often in prison certain health care services are not available, what is more, when a person ends up in an imprisonment institution the treatment given while such person was free is unilaterally terminated and other treatment or no treatment at all is given, as an argument is given legal regulation, the treatment adjustment to the detention regime, as well as the environment. The paper has analyzed in detail the international, regional, national legislation and other documents, as well as case law of Lithuania and European Court of Human Rights relating to legal regulation and guarantee of health care of persons serving imprisonment sentences. In the international and regional level the right to health is established by common principles and standards, and in the national legislation according to the international and regional sources, the organizational features of the person's right to health care are provided in detail. As for the regulation of prisoners' health, it is a bit confusing in the same national law, i.e. the general and special regulations are intertwined. In the national law, in the norms of health protection the assurance features of prisoners' health care are often separately stated, and on the contrary, in some areas the prisoners' health care is determined exclusively by mere general regulation. Also, certain areas are regulated by both the general and the special laws. Concepts of general health health care includes preventive medical care, emergency medical services, diagnosis and treatment, rehabilitation, sanatorium treatment, and care. Prisoners' health care is derived from the principle of equality, and the content of this right is analogous to the content of the general concept of health care. Given the conditions of detention, treatment and other factors, the method of provision of these services and their scope may differ. However, these differences must be objectively and reasonably justified. Paper has analyzed the features of prisoner's health care according to the most problematic aspects. This part has been also intended to reveal the basic standards, principles and attitudes describing security of prisoners' health care. The right to quality mental health care is not assured for the persons serving prison sentences. Current legal regulations do not provide treatment according to the individual indications, ignores that individuals with mental illness are more vulnerable, and they need a higher level of constant care. The availability of adequate specialized health care institutions is not assured, the health care institutions of penitentiaries do not have authority to issue instructions for treatment in a specialized institution. Equivalent services are not assured, the general regulation of mental health care is not followed, forced hospitalization in specialized institutions is solved only on the basis of criminal law. It has also been found out that the persons serving imprisonment sentences are not guaranteed access to quality treatment of mental and behavior disorders caused by drugs or psychotropic substances. When a person ends up in an imprisonment institutions the continuity of treatment is not ensured, the treatment is unilaterally terminated by the prison doctor. The availability is not guaranteed, i.e. in places of detention such treatment that is available being free is not available (substitution supportive treatment). The access to rehabilitation for addiction is restricted, there are selection criteria, and violations of procedure deprive a person's right to rehabilitation for one year. Also, the persons serving imprisonment sentences are not guaranteed the right to good quality health care. If the person serving imprisonment sentence was recommended some treatment in a public health institution, but in the prison it is not possible to provide such treatment, it is replaced by a similar treatment or is terminated as unnecessary. Such treatment as rehabilitation is not possible at all. The main finding of the thesis is that health care services are ensured for the prisoners, but their quality is poor. It is officially declared that the health care services of equivalent quality must be available to prisoners as those available outside of prison, it is aimed to formally establish the provision of such services. However, the reality is different. There is stigmatization and discrimination of the prisoners' legal status from not only the prison authorities but also the courts. The equal health care is not ensured, as the existing legal regulation does not provide availability, continuity, and provision of health care services according to indications on individual and environmental factors, does not provide the strategy for health care services (for a dual legal regulation, the general and special, the legal clarity is lost). After a review of the European Court of Human Rights and the sources that discuss the prisoners' health, it must be concluded that because of the conditions of detention and the treatment itself, the objectively and reasonably justified differences in society and in prison in the area of health care vary in their extent, their method and order. However, the principle of equality ensures that the person does not lose the right to adequate, affordable preventive medical care, emergency medical services, diagnosis and treatment, rehabilitation, sanatorium treatment, and care. The study leads to the conclusion that the laws of the Republic of Lithuania do not guarantee high-quality health care services for the prisoners.

La tesi sostiene che, mentre molte teorie di pianificazione si sono concentrate sulle differenze, il multiculturalismo e risoluzione dei conflitti sociali, non c'è ancora sufficiente approfondimento su come queste differenze possano restare profondamente irrisolte e come questa debolezza possa essere fortemente legata a razionalità contrastanti e a una sorta di "slittamento dei livelli di senso" o "equivoci" cognitivi tra i soggetti coinvolti (Bourdieu e Wacquant, 1992). Soprattutto in termini di conflitti urbani espliciti, generati non da opposti interessi economici o differenti volontà politiche, ma semplicemente da differenti background culturali e comportamentali, il livello cognitivo di com-prensione tra le persone coinvolte ha un ruolo fondamentale in termini di consapevolezza e di effi-cacia delle scelte. Dunque il legame tra pianificazione, governance, contesti istituzionali e partecipazione delle comu-nità è, prima di tutto, una questione di reciproca, profonda e vera comprensione, piuttosto che la continua ricerca di nuovi strumenti e politiche. Partendo dalla convinzione che i conflitti siano una fonte incredibile di soluzioni creative e inaspet-tate all'interno dei contesti urbani, dei sistemi di pianificazione e di condivisione di valori, questo lavoro si propone di sondare come la Mobilitazione Cognitiva (Dalton, 1984), per la cura e la prote-zione di un bene comune, può essere in grado di guidare una comunità nella lotta per i propri diritti, permettendo l'acquisizione di conoscenze politiche e abilità specifiche per il raggiungimento di decisioni condivise collettivamente, la costruzione di nuove forme di azione politica dal basso, nuove processi di educazione (Dolci, 1974) e ampliamento culturale contro il prevaricare di Egemonie politiche e sociali (Gramsci, 2007). Utilizzando metodi quantitativi e qualitativi, l'autore presenta due esperienze di pratiche insorgenti provenienti dall' Europa meridionale: (1) un tradizionale Caso-Studio nell' area marina protetta dell' Arrábida, in Portogallo, per illustrare come la mobilitazione cognitiva, volta alla genuina e profonda comprensione delle istanze portate avanti dalla collettività, può realizzare forme di partecipazione che, guardando ai problemi in termini di risorse, permettono alla comunità di collaborare democra-ticamente cercando soluzioni nuove e condivise in grado di modificare profondamente un piano isti-tuzionale il quale, a causa di una profonda contrapposizione tra poteri gioco e valori espressi, ha ge-nerato forme di conflitto dichiarato, ma anche latente; (2) un caso di Participatory Action Research nella valle del fiume Simeto, in Italia, dove le comunità locali, attraverso una forte mobilitazione collettiva, sono state in grado di difendere e curare il fiume Simeto, il più grande in termini di bacino idrogeologico in un territorio caratterizzato da scarsità idrica come la Sicilia, minacciato dalla scelta istituzionale di collocare un inceneritore proprio in un area fortemente incentrata sull'agricoltura, per il suo sostentamento economico, e profondamente legata al paesaggio circostante, in termini di riconoscimento e senso di appartenenza. Questo lavoro può avere importanti implicazioni sia per la teoria, che per la pratica di pianificazione. La scelta di un approccio multi-disciplinare, inoltre, aiuta nella comprensione di come sia possibile trasformare l'antagonismo in spirito competitivo tra soggetti, diversi per natura e per cultura, concentrandosi principalmente sul rispetto e l'apprendimento reciproco, sulla costruzione di processi veramente inclusivi e sulla scelta di soluzioni davvero condivise. ; The thesis argues that while many planning theories have focused the sight on the social differences, multiculturalism and conflicts resolution, there is not yet sufficient acknowledgement on how these differences can be deeply unsolved and how this weakness could be strongly linked with conflicting rationalities and with a 'cognitive slipping' planes of meaning (Bourdieu & Wacquant, 1992). Especially in terms of inexplicit urban conflicts, generated by not opposite economic interests or political will, but by simply and natural differences of the cultural and behavioral baggage, the cognitive level of understanding between people involved plays a fundamental role in terms of awareness and choices efficacy. So this works wants underlines that the link between planning, governance, institutional adjustments and community engagement is, first of all, a matter of mutual deep and real understanding, rather than new form of tools and policies. Starting from the persuasion that conflicts are an incredible source of unexpected creative solution for urban contexts, planning systems and sharing values, this paper aims to probe how a 'cognitive mobilization' (Dalton, 1984) of a community, for the care and the protection of a common good, can be able to "fight for a right" in terms of acquiring political resource and skills to reach own decisions, and constructing new form of genuine power through education (Dolci, 1974) and culture against a 'dominant discourse' (Gramsci, 2007). Using quantitative and qualitative methods, the author presents two field experiences of insurgent practices in the southern Europe: (1) a traditional Case-Study of a Marine Protected Area in Arrábida, Portugal, to illustrate how a community mobilization, that aims to understand really every form of instance and claim, can realize forms of participation that, first of all, sight problems in term of resources, and then allowed people to work democratically together building new and shared solutions able to modify deeply an institutional plan that, due to a displacement between powers and values, generated forms of conflicts between stakeholders, especially in terms of economic and decision making point of view; (2) a case of Participatory Action Research in the Simeto river valley, Italy, where local communities through a strong mobilization were able to defend and took care the river, the biggest in terms of basin in a scarcity water territory, threatened by the institutional choice to collocated an incinerator in a valley strongly based on agriculture, for its economic sustenance, and deeply linked with the landscape, for its recognition and sense of belonging to . This understanding, it is suggested, has important implications for both planning theory and practice. Choosing a multi-disciplinary approach, this work attempts to explore if and how it is possible to transform the antagonism between enemies in competitive spirit among subjects, different for nature and culture, focusing on respect and mutual learning and on the building up of processes really inclusive and choices really shared

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.

Life and death in the daily: reflections with the professional of health was written with the purpose of contribute with the project of the State Politics of Humanization of the assistance and of the Health Management of the State of the Ceará, that defines in your guidelines " to provide the appropriate preparation to the experience of losses, of suffering, of dying and of the death ". The work is organized in thematic about of the senses of the death and of dying in the occident. It presents four chapters that talk about the life and the death in a valuable contribution about the understanding of the death as indispensable part of the life and your inclusion in the cares offered by the professionals of the health. The authors provoke in a competent and sensitive way the rethinking about the subjects of the death and of the dying, starting from the reality lived by the professionals. They put in evidence an indispensable theme for taking care humanized in the practices of health and not give the reference to the patients and your relatives, which in some way share with the professionals of the process of taking care. The first chapter: the death and the dying in the life and your senses, contains teachings retired of the poets that through your music and poems portray the death in the most different ways, but recognizes it as part of the life in your fullness. They present an abbreviation revision about the death´s history, the transformations happened along of the time and your several meanings. Concluding the chapter the authors reminds the fact that the man is the only animal that knows that will die and this conscience provokes fear and solitude feelings. They also portray importants subjects as the aging, the losses and your implications, that are going happening along the life, and last they talk about the science´s power, that tries to postpone the death considering that in this moment the biggest part of die´s process is the professional's of the health responsibility.The second chapter: the professional of the health before the death, treats of the professional's unpreparedness, it presents some basic concepts as euthanasia, medical futility, to discuss to subjects of the emotion, of sense of the life and of the death for each person, of the need of moments for that the professionals can to reflect on the own death. To think in the own death means to reflect about the life as not as a group of vital signs that have to be monitored. The reading invites us to consider the death as not as enemy, but as a complement of the life, in that life and death form the totality of being. The third chapter: the appeal to the re-humanization of the death. The authors reflect about the technological progress of the Medicine that at every cost tries the prolongation of the life and that not always those actions are accompanied of help for a good death. They point out, in this context, the solitude, the impersonal and the inhumanization of the Being that is dying. In this same chapter is discussed still the relevance of the palliative cares and the twelve beginnings for a good death published in England.>In the fourth chapter, practical application: like this in the life as in the death, the authors propose a series of practical activities for be developed in groups, with the objective of to sensitize the professionals to share, in wheels of chats in the services of health about the life and the death. The organization of this activities is in the workshop format meddled by appreciation of poems, music and support texts.In the final considerations the prominence is given for the fact that the most important seems to be a solidary attitude together to the Being that is dying. Besides, the authors also consider important the invigoration of the Public Politics and the consolidation of the Palliative Cares.It is treat of a work with clear style, objective, easy reading, that maintains us in the expectation of reaching the end. We recommend the reading of this book is recommended to the teachers of the courses of the health, professionals of health, students, as well as for people that are interested in enlarging knowledge about the subjects of the death and of the dying. ; La vida y muerte en el periódico: las reflexiones con el profesional de la salud fue escrito con el propósito de contribuir con el proyecto de la Política Estatal de Humanización de la Atención y de la Gestión en la Salud del Estado del Ceará, que define en sus directrices "proporcionar la preparación apropiada a la vivencia de pérdidas, de sufrimiento, de el morir y de la muerte."La obra es organizada en temáticas sobre los sentidos de la muerte y de el morir en el occidente. Presenta cuatro capítulos que abordan cuestiones sobre la vida y la muerte en una valiosa contribución sobre la comprensión de la muerte como la parte imprescindible de la vida y su inclusión en los cuidados dados por los profesionales de la salud. Los autores provocan de una manera competente y sensible o repensar sobre las cuestiones de la muerte y de el morir, a partir de la realidad vivieron por los profesionales. Ponen en la evidencia un tema imprescindible para el cuidar humanizado en las prácticas de salud y no si da la referencia a los pacientes y sus parientes que en alguna manera comparten con los profesionales del proceso de cuidar.El primer capítulo: la muerte y el morir en la vida y sus sentidos contiene las enseñanzas retirados de los poetas que a través de sus músicas y los poemas retratan la muerte de las más diferentes maneras, pero a reconoce con la parte de la vida en su plenitud. Presentan una breve revisión sobre la historia de la muerte, las transformaciones pasaron a lo largo del tiempo y sus varios significados. Concluyendo el capítulo los autores recuerda el hecho que el hombre es que el único animal que sabe cuando se morirá y esa conciencia provoca sentimientos de miedo y soledad. Retratan también asuntos importantes como el envejecimiento, las pérdidas y sus implicaciones, que van pasando a lo largo de la vida, y último abordan el poder de la ciencia, que intenta posponer la muerte considerando que en este momento la mayoría del proceso del morir es responsabilidad el profesional de la de salud.El segundo capítulo: el profesional de la salud enfrente de la muerte trata de el desarreglo de los profesionales, presenta algunos conceptos básicos como la eutanasia, el distanasia, para discutir los asuntos de la emoción, del sentido de vida y muerte para cada persona, de la necesidad de momentos para que los profesionales puedan reflejar sobre la propia muerte. Pensar en la propia muerte significa reflejar sobre la vida no como un conjunto de señales vitales que se debe supervisar. Considerar la muerte no come al enemigo, pero como un complemento de la vida. La vida y la muerte forman la totalidad del ser.El tercer capítulo: la apelación para la re-humanización de la muerte. Los autores reflejan sobre el progreso tecnológico de la Medicina que a todo costo los intentan la prolongación de la vida y que no siempre esas acciones se acompañan de ayuda por una buena muerte. Resaltan la soledad, la impessoalidad y el deshumanización de el Ser que está muriendo. Presentan la relevancia de los cuidados paliativos y los doce principios para una buena muerte publicados en Inglaterra.En el cuarto capítulo, la aplicación práctica: así en la vida como en la muerte, los autores proponen una serie de actividades prácticas para sean desarrolladas en los grupos, con el objetivo de sensibilizar los profesionales a compartir, en las ruedas de conversas en los servicios de salud sobre la vida y la muerte. Los talleres son organizados con la apreciación de poemas, música y textos de apoyo.En las consideraciones últimas los autores creen que el más importante parece ser una actitud solidaria junto al Ser que está muriendo. Considera ser importante también al fortalecimiento de las Políticas Públicas y la consolidación de los Cuidados Paliativos.Se trata de una obra con el estilo claro, objetivo, fácil lectura, mantiene la expectativa de alcanzar a lo fin. Se recomienda la lectura de este libro a los maestros de los cursos de la salud, a los profesionales de salud, a los estudiantes. Es recomendado también para las personas se interesen en agrandar el conocimientos sobre los asuntos de la muerte y de el morir. ; Vida e morte no cotidiano: reflexões com o profissional da saúde foi escrito com a finalidade de contribuir com o projeto da Política Estadual de Humanização da Atenção e da Gestão em Saúde do Estado do Ceará, que define em suas diretrizes "proporcionar a preparação adequada à vivência de perdas, de sofrimento, do morrer e da morte."A obra está organizada em temáticas sobre os sentidos da morte e do morrer no ocidente. Apresenta quatro capítulos que versam sobre a vida e a morte numa valiosa contribuição sobre a compreensão da morte como parte imprescindível da vida e sua inclusão nos cuidados prestados pelos profissionais da saúde. Os autores provocam de forma competente e sensível o repensar sobre as questões da morte e do morrer, a partir da realidade vivida pelos profissionais, colocando em evidência um tema imprescindível para cuidá-lo humanizado nas práticas de saúde e não se da referência aos pacientes e seus familiares, que de alguma forma compartilham com os profissionais do processo de cuidar.O primeiro capítulo: a morte e o morrer na vida e os seus sentidos, contém ensinamentos retirados dos poetas que por meio de suas músicas e poemas retratam a morte das mais diferentes formas, mas a reconhece como parte da vida em sua plenitude. Estes apresentam uma breve revisão sobre a história da morte, as transformações ocorridas ao longo do tempo e seus diversos significados. Finalizando o capítulo os autores lembram o fato de que o homem é o único animal que sabe que vai morrer e essa consciência provoca sentimentos de medo e solidão. Retratam também questões importantes como o envelhecimento, as perdas e suas implicações, que vão ocorrendo ao longo da vida, e por último abordam o poder da ciência, que a todo custo tenta adiar a morte considerando que neste momento a maior parte do processo de morrer é responsabilidade do profissional da saúde.O segundo capítulo: o profissional da saúde diante da morte trata do despreparo dos profissionais, apresentando alguns conceitos básicos como eutanásia, distanásia para discutir a questões da emoção, do sentido de vida e morte para cada pessoa, da necessidade de momentos para que os profissionais possam refletir sobre a própria morte. Pensar a própria morte significa refletir sobre a vida não como um conjunto de sinais vitais que se deve monitorar. A leitura nos convida a ponderar a morte não como inimiga, mas como um complemento da vida, em que vida e morte formam a totalidade do Ser.No terceiro capítulo: apelo à re-humanização da morte, os autores refletem sobre o avanço tecnológico da Medicina que a todo custo tentam o prolongamento da vida e que nem sempre essas ações são acompanhadas de ajuda para uma boa morte. Ressaltam, nesse contexto, a solidão, a impessoalidade e a desumanização do Ser que está morrendo. No referido capítulo é discutida ainda a relevância dos cuidados paliativos e os doze princípios para uma boa morte publicados na Inglaterra.No quarto capítulo, aplicação prática: assim na vida como na morte, os autores propõem uma série de atividades práticas para serem desenvolvidas em grupos, com o objetivo de sensibilizar os profissionais a compartilhar, em rodas de conversas nos serviços de saúde sobre a vida e a morte. A organização de tais atividades é no formato de oficinas mediadas pela apreciação de poemas, músicas e textos de apoio.Nas considerações finais o destaque é dado para o fato de que o mais importante parece ser uma atitude solidária junto ao Ser que está morrendo. Além disso, os autores consideram importantes também, o fortalecimento das Políticas Públicas e a consolidação dos Cuidados Paliativos.Trata-se de uma obra com estilo claro, objetivo, fácil leitura, que nos mantém na expectativa de chegarmos ao fim. Recomendamos a leitura deste livro aos docentes dos cursos da saúde, profissionais de saúde, estudantes, assim como para pessoas que se interessam em ampliar conhecimentos sobre as questões da morte e do morrer.

Life and death in the daily: reflections with the professional of health was written with the purpose of contribute with the project of the State Politics of Humanization of the assistance and of the Health Management of the State of the Ceará, that defines in your guidelines " to provide the appropriate preparation to the experience of losses, of suffering, of dying and of the death ". The work is organized in thematic about of the senses of the death and of dying in the occident. It presents four chapters that talk about the life and the death in a valuable contribution about the understanding of the death as indispensable part of the life and your inclusion in the cares offered by the professionals of the health. The authors provoke in a competent and sensitive way the rethinking about the subjects of the death and of the dying, starting from the reality lived by the professionals. They put in evidence an indispensable theme for taking care humanized in the practices of health and not give the reference to the patients and your relatives, which in some way share with the professionals of the process of taking care. The first chapter: the death and the dying in the life and your senses, contains teachings retired of the poets that through your music and poems portray the death in the most different ways, but recognizes it as part of the life in your fullness. They present an abbreviation revision about the death´s history, the transformations happened along of the time and your several meanings. Concluding the chapter the authors reminds the fact that the man is the only animal that knows that will die and this conscience provokes fear and solitude feelings. They also portray importants subjects as the aging, the losses and your implications, that are going happening along the life, and last they talk about the science´s power, that tries to postpone the death considering that in this moment the biggest part of die´s process is the professional's of the health responsibility.The second chapter: the professional of the health before the death, treats of the professional's unpreparedness, it presents some basic concepts as euthanasia, medical futility, to discuss to subjects of the emotion, of sense of the life and of the death for each person, of the need of moments for that the professionals can to reflect on the own death. To think in the own death means to reflect about the life as not as a group of vital signs that have to be monitored. The reading invites us to consider the death as not as enemy, but as a complement of the life, in that life and death form the totality of being. The third chapter: the appeal to the re-humanization of the death. The authors reflect about the technological progress of the Medicine that at every cost tries the prolongation of the life and that not always those actions are accompanied of help for a good death. They point out, in this context, the solitude, the impersonal and the inhumanization of the Being that is dying. In this same chapter is discussed still the relevance of the palliative cares and the twelve beginnings for a good death published in England.>In the fourth chapter, practical application: like this in the life as in the death, the authors propose a series of practical activities for be developed in groups, with the objective of to sensitize the professionals to share, in wheels of chats in the services of health about the life and the death. The organization of this activities is in the workshop format meddled by appreciation of poems, music and support texts.In the final considerations the prominence is given for the fact that the most important seems to be a solidary attitude together to the Being that is dying. Besides, the authors also consider important the invigoration of the Public Politics and the consolidation of the Palliative Cares.It is treat of a work with clear style, objective, easy reading, that maintains us in the expectation of reaching the end. We recommend the reading of this book is recommended to the teachers of the courses of the health, professionals of health, students, as well as for people that are interested in enlarging knowledge about the subjects of the death and of the dying. ; La vida y muerte en el periódico: las reflexiones con el profesional de la salud fue escrito con el propósito de contribuir con el proyecto de la Política Estatal de Humanización de la Atención y de la Gestión en la Salud del Estado del Ceará, que define en sus directrices "proporcionar la preparación apropiada a la vivencia de pérdidas, de sufrimiento, de el morir y de la muerte."La obra es organizada en temáticas sobre los sentidos de la muerte y de el morir en el occidente. Presenta cuatro capítulos que abordan cuestiones sobre la vida y la muerte en una valiosa contribución sobre la comprensión de la muerte como la parte imprescindible de la vida y su inclusión en los cuidados dados por los profesionales de la salud. Los autores provocan de una manera competente y sensible o repensar sobre las cuestiones de la muerte y de el morir, a partir de la realidad vivieron por los profesionales. Ponen en la evidencia un tema imprescindible para el cuidar humanizado en las prácticas de salud y no si da la referencia a los pacientes y sus parientes que en alguna manera comparten con los profesionales del proceso de cuidar.El primer capítulo: la muerte y el morir en la vida y sus sentidos contiene las enseñanzas retirados de los poetas que a través de sus músicas y los poemas retratan la muerte de las más diferentes maneras, pero a reconoce con la parte de la vida en su plenitud. Presentan una breve revisión sobre la historia de la muerte, las transformaciones pasaron a lo largo del tiempo y sus varios significados. Concluyendo el capítulo los autores recuerda el hecho que el hombre es que el único animal que sabe cuando se morirá y esa conciencia provoca sentimientos de miedo y soledad. Retratan también asuntos importantes como el envejecimiento, las pérdidas y sus implicaciones, que van pasando a lo largo de la vida, y último abordan el poder de la ciencia, que intenta posponer la muerte considerando que en este momento la mayoría del proceso del morir es responsabilidad el profesional de la de salud.El segundo capítulo: el profesional de la salud enfrente de la muerte trata de el desarreglo de los profesionales, presenta algunos conceptos básicos como la eutanasia, el distanasia, para discutir los asuntos de la emoción, del sentido de vida y muerte para cada persona, de la necesidad de momentos para que los profesionales puedan reflejar sobre la propia muerte. Pensar en la propia muerte significa reflejar sobre la vida no como un conjunto de señales vitales que se debe supervisar. Considerar la muerte no come al enemigo, pero como un complemento de la vida. La vida y la muerte forman la totalidad del ser.El tercer capítulo: la apelación para la re-humanización de la muerte. Los autores reflejan sobre el progreso tecnológico de la Medicina que a todo costo los intentan la prolongación de la vida y que no siempre esas acciones se acompañan de ayuda por una buena muerte. Resaltan la soledad, la impessoalidad y el deshumanización de el Ser que está muriendo. Presentan la relevancia de los cuidados paliativos y los doce principios para una buena muerte publicados en Inglaterra.En el cuarto capítulo, la aplicación práctica: así en la vida como en la muerte, los autores proponen una serie de actividades prácticas para sean desarrolladas en los grupos, con el objetivo de sensibilizar los profesionales a compartir, en las ruedas de conversas en los servicios de salud sobre la vida y la muerte. Los talleres son organizados con la apreciación de poemas, música y textos de apoyo.En las consideraciones últimas los autores creen que el más importante parece ser una actitud solidaria junto al Ser que está muriendo. Considera ser importante también al fortalecimiento de las Políticas Públicas y la consolidación de los Cuidados Paliativos.Se trata de una obra con el estilo claro, objetivo, fácil lectura, mantiene la expectativa de alcanzar a lo fin. Se recomienda la lectura de este libro a los maestros de los cursos de la salud, a los profesionales de salud, a los estudiantes. Es recomendado también para las personas se interesen en agrandar el conocimientos sobre los asuntos de la muerte y de el morir. ; Vida e morte no cotidiano: reflexões com o profissional da saúde foi escrito com a finalidade de contribuir com o projeto da Política Estadual de Humanização da Atenção e da Gestão em Saúde do Estado do Ceará, que define em suas diretrizes "proporcionar a preparação adequada à vivência de perdas, de sofrimento, do morrer e da morte."A obra está organizada em temáticas sobre os sentidos da morte e do morrer no ocidente. Apresenta quatro capítulos que versam sobre a vida e a morte numa valiosa contribuição sobre a compreensão da morte como parte imprescindível da vida e sua inclusão nos cuidados prestados pelos profissionais da saúde. Os autores provocam de forma competente e sensível o repensar sobre as questões da morte e do morrer, a partir da realidade vivida pelos profissionais, colocando em evidência um tema imprescindível para cuidá-lo humanizado nas práticas de saúde e não se da referência aos pacientes e seus familiares, que de alguma forma compartilham com os profissionais do processo de cuidar.O primeiro capítulo: a morte e o morrer na vida e os seus sentidos, contém ensinamentos retirados dos poetas que por meio de suas músicas e poemas retratam a morte das mais diferentes formas, mas a reconhece como parte da vida em sua plenitude. Estes apresentam uma breve revisão sobre a história da morte, as transformações ocorridas ao longo do tempo e seus diversos significados. Finalizando o capítulo os autores lembram o fato de que o homem é o único animal que sabe que vai morrer e essa consciência provoca sentimentos de medo e solidão. Retratam também questões importantes como o envelhecimento, as perdas e suas implicações, que vão ocorrendo ao longo da vida, e por último abordam o poder da ciência, que a todo custo tenta adiar a morte considerando que neste momento a maior parte do processo de morrer é responsabilidade do profissional da saúde.O segundo capítulo: o profissional da saúde diante da morte trata do despreparo dos profissionais, apresentando alguns conceitos básicos como eutanásia, distanásia para discutir a questões da emoção, do sentido de vida e morte para cada pessoa, da necessidade de momentos para que os profissionais possam refletir sobre a própria morte. Pensar a própria morte significa refletir sobre a vida não como um conjunto de sinais vitais que se deve monitorar. A leitura nos convida a ponderar a morte não como inimiga, mas como um complemento da vida, em que vida e morte formam a totalidade do Ser.No terceiro capítulo: apelo à re-humanização da morte, os autores refletem sobre o avanço tecnológico da Medicina que a todo custo tentam o prolongamento da vida e que nem sempre essas ações são acompanhadas de ajuda para uma boa morte. Ressaltam, nesse contexto, a solidão, a impessoalidade e a desumanização do Ser que está morrendo. No referido capítulo é discutida ainda a relevância dos cuidados paliativos e os doze princípios para uma boa morte publicados na Inglaterra.No quarto capítulo, aplicação prática: assim na vida como na morte, os autores propõem uma série de atividades práticas para serem desenvolvidas em grupos, com o objetivo de sensibilizar os profissionais a compartilhar, em rodas de conversas nos serviços de saúde sobre a vida e a morte. A organização de tais atividades é no formato de oficinas mediadas pela apreciação de poemas, músicas e textos de apoio.Nas considerações finais o destaque é dado para o fato de que o mais importante parece ser uma atitude solidária junto ao Ser que está morrendo. Além disso, os autores consideram importantes também, o fortalecimento das Políticas Públicas e a consolidação dos Cuidados Paliativos.Trata-se de uma obra com estilo claro, objetivo, fácil leitura, que nos mantém na expectativa de chegarmos ao fim. Recomendamos a leitura deste livro aos docentes dos cursos da saúde, profissionais de saúde, estudantes, assim como para pessoas que se interessam em ampliar conhecimentos sobre as questões da morte e do morrer.

Brazil grew 2.4 percent per year on average in the last 25 years-somewhat less than Latin America, a good deal less than the world, far less than the emerging countries of Asia in the same period, and indeed far less than Brazil itself in previous decades. If anything stands out favorably in recent Brazilian experience, it is not growth but stabilization and the successful opening of the economy. The purpose of this paper is more modest. It is limited to setting out the authors' particular view of recent efforts to consolidate democracy in Brazil while controlling inflation and resuming economic growth. At the same time the paper presents, as objectively as possible, some thoughts on the limits but also the relevance of action by political leaders to set a course and circumvent obstacles to that process. Here and there, the paper refers to the experiences of other Latin American countries, especially Argentina, Chile, and Mexico, not to offer a full fledged comparative analysis but merely to note contrasts and similarities that may shed light on the peculiarities of the Brazilian case and suggest themes for a more wide-ranging exchange of views.

The aim of this study is to identify the peculiarities of a hospitalization process of the health care institution X and to find out their optimisation possibilities, also to determine how this process is evaluated by health care professionals and their managers working in the orthopaedic traumatology units. The aim was to determine how the management methods of health service can be used in order to improve the quality of these processes. Recently, the ISO management quality standards have been used mainly, and Lean is often implemented as one of the most successful management concepts. Aim: to reveal the possibilities to optimise processes of orthopaedic services in the health care institution X in terms of employees and managers. Tasks: 1. To reveal features of planned hospitalization processes of orthopaedic services in the health care institution X; 2. To identify disadvantages of optimal functioning of planned hospitalization services in the institution X from the point of view of employees and managers; 3. To reveal the possibilities of improving services of planned hospitalization and health care process in the institution X. Methods and sample of the study: the study was carried out in March and April 2019 at the Orthopaedic traumatology units at the institution X. The research instrument was an anonymous standardized questionnaire, with a response rate of 89.47 percent. During the study it was chosen to analyze the non-random target sample for the evaluation of the processes of hospitalization. 51 respondents took part in the current study: 68.6 percent (n=35) of women and 31.4 percent (n=16) of men; 46.9 percent of doctors, 53.1 percent of nurses; 15.7 percent (n=8) of administrative staff and 84.3 percent (n=43) of clinical specialists. Results: 39.2 percent of respondents indicated that the implementation of information technologies was important for the work optimisation, 33.3 percent FOR updating of work procedures, 78.4 percent FOR upgrading of medical equipment, 72.5 percent FOR staff qualification improvement, 86.3 percent FOR salary increasy and motivation. 75 percent of managers pointed out that the implementation of information technology improves the efficiency of work, which was statistically significantly different from those employed in the medical unit (p=0.024). It was found that the lack of qualified professionals (51 percent) and medical equipment (52.9 percent) are the main obstacles for the improvement of medical services. 62.9 percent of female respondents noted that the lack of qualified professionals influenced the availability of orthopaedic services, which was statistically significantly different from men (p=0.012). 73.1 percent of nurses pointed to a shortage of skilled employees, and 78.3 percent of doctors indicated a sufficient number of qualified staff (p=0.001). According to the respondents, lack of funds (84.3 percent) was the main source of improvement in the quality of medical services. Managers stated that the lack of initiative of health system politicians and heads of the institution plays an important role for optimising quality of services compared to medical unit workers (75 percent), p=0.016. Planned hospitalization process was well rated by respondents (54.9 percent). The patient's transport process was well rated by 72.5 percent, and unsatisfactory only 9.8 percent (n=5), had no opinion 17.6 percent (n=9) of respondents. 37.5 percent of managers judged the process unsatisfactory, and medical staff 4.7 percent, p=0.01. 67.9 percent of nurses supported the establishment of a new courier unit for patient's transportation, p=0.017. The study revealed that the patient's hospitalization process is mostly prolonged by the insufficient number of medical staff (51 percent) and technical barriers (52.9 percent). 73.7 percent of nurses pointed out that late discharge of patient's from hospital is one of the reasons for prolonged hospitalization, doctors 26.3 percent, p=0.021. 87.5 percent of managers stated that medical equipment was not sufficient, and medical staff 42.2 percent, p=0.024. 65 percent of nurses indicated that the patient was insufficiently prepared, therefore the operation delayed, and doctors 35.0 percent, p=0.032. The prolonged discharge of patients from the hospital was mainly influenced by late document delivery (51.0 percent), late patient transfer to another department (39.2 percent), inadequate patient information about departure from hospital (31.4 percent). A statistically significantly more nurses than doctors indicated that late delivery of the medical documents to the patient was an important cause of late discharge, respectively, 69.3 and 34.8 percent, p=0.016. More doctors than nurses indicated that late patient transfer to another specialized department influences late patient discharge a lot, respectively 72.2 and 27.8 percent, p=0.007. Conclusions. 1. Stages of processes of planned hospitalization of the health care institution X and their peculiarities starting with arrival of patient to discharge from hospital were analysed, as well as the main obstacles of processes identified. The study revealed the following findings: insufficient number of professional workers is an obstacle to improve medical services. In order to optimise the process of a patient transportation in the orthopaedic units, a new courier unit could be established. Late discharge of patients from hospital is one of the reasons for prolonging hospitalization time in hospital. The greatest reason for a patient's delay in surgery is poor preparation of a patient. Delay of medical documentation to the patient was a more important cause for a late discharge compared to doctors. 2. The processes of implementing orthopaedic services of the institution X and their optimisation possibilities are differently perceived by medical staff and managers. Employees of the administrative division paid more attention to the implementation of information technologies in order to optimise work. They have stated that the lack of initiative of health politicians and heads of the institution is very important for improving the quality of medical services. A transportation process of patient's to an operating room was more unsatisfactory. Medical equipment was reported more often as inadequate for diagnostics, treatment, and research compared to the medical unit. The research indicated that managers (administrative staff) emphasize upgrading and purchasing of medical equipment. Medical staff though underlined qualification improvement, motivation incentive, and a lack of medical personnel. 3. It was found out that all staff should be involved in the improvement of processes, and processes of planned hospitalization of the institution X should be optimised. Questions and decisions concerning patient flow should be addressed to a social worker or unit administrator who does not require for medicine qualification, not to the medical staff. The Ministry of Health, international funds could be considered as a source to apply for finances for upgrade and purchase of medical equipment. Since the number of nurses seems to be too low search and hiring of new qualified nurses is advisable. Issuing patient's medical documentation on time ensures the process of hospital discharge. Informing patients timely about being discharged from hospital or moved to a different unit is also recommended.

The aim of this study is to identify the peculiarities of a hospitalization process of the health care institution X and to find out their optimisation possibilities, also to determine how this process is evaluated by health care professionals and their managers working in the orthopaedic traumatology units. The aim was to determine how the management methods of health service can be used in order to improve the quality of these processes. Recently, the ISO management quality standards have been used mainly, and Lean is often implemented as one of the most successful management concepts. Aim: to reveal the possibilities to optimise processes of orthopaedic services in the health care institution X in terms of employees and managers. Tasks: 1. To reveal features of planned hospitalization processes of orthopaedic services in the health care institution X; 2. To identify disadvantages of optimal functioning of planned hospitalization services in the institution X from the point of view of employees and managers; 3. To reveal the possibilities of improving services of planned hospitalization and health care process in the institution X. Methods and sample of the study: the study was carried out in March and April 2019 at the Orthopaedic traumatology units at the institution X. The research instrument was an anonymous standardized questionnaire, with a response rate of 89.47 percent. During the study it was chosen to analyze the non-random target sample for the evaluation of the processes of hospitalization. 51 respondents took part in the current study: 68.6 percent (n=35) of women and 31.4 percent (n=16) of men; 46.9 percent of doctors, 53.1 percent of nurses; 15.7 percent (n=8) of administrative staff and 84.3 percent (n=43) of clinical specialists. Results: 39.2 percent of respondents indicated that the implementation of information technologies was important for the work optimisation, 33.3 percent FOR updating of work procedures, 78.4 percent FOR upgrading of medical equipment, 72.5 percent FOR staff qualification improvement, 86.3 percent FOR salary increasy and motivation. 75 percent of managers pointed out that the implementation of information technology improves the efficiency of work, which was statistically significantly different from those employed in the medical unit (p=0.024). It was found that the lack of qualified professionals (51 percent) and medical equipment (52.9 percent) are the main obstacles for the improvement of medical services. 62.9 percent of female respondents noted that the lack of qualified professionals influenced the availability of orthopaedic services, which was statistically significantly different from men (p=0.012). 73.1 percent of nurses pointed to a shortage of skilled employees, and 78.3 percent of doctors indicated a sufficient number of qualified staff (p=0.001). According to the respondents, lack of funds (84.3 percent) was the main source of improvement in the quality of medical services. Managers stated that the lack of initiative of health system politicians and heads of the institution plays an important role for optimising quality of services compared to medical unit workers (75 percent), p=0.016. Planned hospitalization process was well rated by respondents (54.9 percent). The patient's transport process was well rated by 72.5 percent, and unsatisfactory only 9.8 percent (n=5), had no opinion 17.6 percent (n=9) of respondents. 37.5 percent of managers judged the process unsatisfactory, and medical staff 4.7 percent, p=0.01. 67.9 percent of nurses supported the establishment of a new courier unit for patient's transportation, p=0.017. The study revealed that the patient's hospitalization process is mostly prolonged by the insufficient number of medical staff (51 percent) and technical barriers (52.9 percent). 73.7 percent of nurses pointed out that late discharge of patient's from hospital is one of the reasons for prolonged hospitalization, doctors 26.3 percent, p=0.021. 87.5 percent of managers stated that medical equipment was not sufficient, and medical staff 42.2 percent, p=0.024. 65 percent of nurses indicated that the patient was insufficiently prepared, therefore the operation delayed, and doctors 35.0 percent, p=0.032. The prolonged discharge of patients from the hospital was mainly influenced by late document delivery (51.0 percent), late patient transfer to another department (39.2 percent), inadequate patient information about departure from hospital (31.4 percent). A statistically significantly more nurses than doctors indicated that late delivery of the medical documents to the patient was an important cause of late discharge, respectively, 69.3 and 34.8 percent, p=0.016. More doctors than nurses indicated that late patient transfer to another specialized department influences late patient discharge a lot, respectively 72.2 and 27.8 percent, p=0.007. Conclusions. 1. Stages of processes of planned hospitalization of the health care institution X and their peculiarities starting with arrival of patient to discharge from hospital were analysed, as well as the main obstacles of processes identified. The study revealed the following findings: insufficient number of professional workers is an obstacle to improve medical services. In order to optimise the process of a patient transportation in the orthopaedic units, a new courier unit could be established. Late discharge of patients from hospital is one of the reasons for prolonging hospitalization time in hospital. The greatest reason for a patient's delay in surgery is poor preparation of a patient. Delay of medical documentation to the patient was a more important cause for a late discharge compared to doctors. 2. The processes of implementing orthopaedic services of the institution X and their optimisation possibilities are differently perceived by medical staff and managers. Employees of the administrative division paid more attention to the implementation of information technologies in order to optimise work. They have stated that the lack of initiative of health politicians and heads of the institution is very important for improving the quality of medical services. A transportation process of patient's to an operating room was more unsatisfactory. Medical equipment was reported more often as inadequate for diagnostics, treatment, and research compared to the medical unit. The research indicated that managers (administrative staff) emphasize upgrading and purchasing of medical equipment. Medical staff though underlined qualification improvement, motivation incentive, and a lack of medical personnel. 3. It was found out that all staff should be involved in the improvement of processes, and processes of planned hospitalization of the institution X should be optimised. Questions and decisions concerning patient flow should be addressed to a social worker or unit administrator who does not require for medicine qualification, not to the medical staff. The Ministry of Health, international funds could be considered as a source to apply for finances for upgrade and purchase of medical equipment. Since the number of nurses seems to be too low search and hiring of new qualified nurses is advisable. Issuing patient's medical documentation on time ensures the process of hospital discharge. Informing patients timely about being discharged from hospital or moved to a different unit is also recommended.

Modern Western states declaring the right to fair and speedy trial have faced serious obstacles while implementing it. The judicial procedure is suffering from severe caseload leading to a substantial delay and increasing costs in litigation. The situation resulted in growing public dissatisfaction with the formal court system and a justice as a whole. This encouraged the states to look for new dispute resolution mechanisms which could be alternative to litigation and could overtake certain disputes from courts leaving access to justice more available. In 1950's USA introduced mediation in solving labor disputes. It showed a success and gained the support of legislation and judiciary which led to wide spread of mediation to other areas of dispute resolution: small claims, neighborhood, consumer, landlord-tenant, victim-offender, family, environmental disputes. Mediation can offer a cheaper, faster, less formal procedure compared to litigation. Mediation leaves the ultimate decision making process in the hands of the parties themselves. The third neutral person is only assisting the parties in developing the dialogue and reaching a mutually acceptable settlement of issues in dispute. This voluntarily reached settlement diminishes the friction between adverse parties, helps to maintain further amicable relations between parties and preserve the social peace and harmony. Confidentiality is regarded as a fundamental feature to effective mediation. It encourages candid and free nature of the discussion. Parties are then free to communicate without fear that the facts they disclosed during mediation will be used against them in court if mediation fails. Parties to mediation, the mediator, non-party participants are obliged to keep all the information related to mediation confidential. Parties to dispute can agree to disclose the protected information or a part of it. The mediator doesn't have such authority to decide upon disclosure of protected communications – he has an obligation to keep it confidential. But are there circumstances when mediator is compelled to disclose the confidential information? If so, what are they? Scientific novelty of the thesis The European Union (hereinafter – the EU) has acknowledged the importance of alternative dispute resolution (hereinafter - ADR) and especially mediation in reaching one of its political objectives in securing better access to justice. The EU institutions produced a number of legal instruments promoting the use of ADR: Green Paper on Alternative Dispute Resolution in Civil and Commercial Law presented by the European Commission in April 2002, European Code of Conduct for Mediators passed by the European Commission in 2004 and finally the Directive on certain aspects of mediation in civil and commercial matters enacted by the European Parliament and the Council in May 2008. Lithuania as a Member State has to ensure a proper implementation of the provisions of this Directive through the means of national legislation. The Directive provides for a minimum standards to ensure the protection of confidentiality in mediation but Member States are free to take stricter measures at domestic level. Regardless which approach Lithuania is going to take – softer or stricter - it has to ensure that legislation regulating confidentiality is to be clear, precise, understandable and fair to the users of mediation and especially to mediators. Parties to dispute can agree to disclose certain confidential information in later judicial or arbitration proceedings. Mediator doesn't have such authority – he is obliged to keep information confidential. The obligation of confidentiality for mediator arise from statutes defining mediation, codes of professional conduct or mediation agreements. The duty of confidentiality must be preserved in order to assure that the reasonable expectations of participants regarding the confidentiality are met rather than frustrated. The goal of this thesis is to provide the answer for the legal issue: is the duty of confidentiality placed upon mediators absolute? The proposed hypothesis is that the duty of confidentiality placed upon mediators is not absolute. In order to accomplish the goal of the thesis and to support or deny the hypothesis we take the following steps: 1. to analyze the mediation and to determine what its main features are; 2. to analyze the confidentiality in mediation; 3. to determine what are the legal means for safeguarding the confidentiality in mediation; 4. to determine the role of mediator in preserving the confidentiality in mediation; 5. to determine the scope of confidentiality whether there is exceptions to it. In order to accomplish the tasks set above we analyzed number of legal instruments passed by the institutions of European Union, Lithuanian legislation on mediation, the provisions of confidentiality in Uniform Mediation Act of United States of America. It was important to explore the legal means in safeguarding the confidentiality in mediation in different countries: statutory protection, without prejudice rule, mediation privilege, attorney-client privilege and contractual protection – in order to determine which legal instrument provides the most protection of confidentiality. We looked at the case law of United Kingdom, USA, Australia that emphasized the importance of confidentiality in mediation, also analyzed British case law establishing the exceptions from the confidentiality. After the above mentioned tasks are accomplished we make the following conclusions: 1. Mediation unlike other ADR and unlike judicial procedures, can offer an amicable dispute resolution procedure which is strictly confidential. 2. Confidentiality is one of the most important mediation features distinguishing it from other dispute resolution mechanisms and making it more attractive to the users. Legally protected confidentiality fosters the candid and open communications between parties and mediator increasing the effectiveness of the procedure. Lifting the shield of confidentiality would destroy the public trust in mediation and would discourage its potential users from engaging in mediation. 3. The statutory privilege against disclosure of any mediation communication by parties, the mediator and non-parties participants and ability to block others from disclosure – is the most effective legal instrument preserving the confidentiality in mediation and protecting the mediator from being called as a witness regarding confidential information. 4. The duty of confidentiality placed upon mediator is not absolute as it can be proved by several exceptions created by legislation and by courts. There is certain situations when courts can decide to look at otherwise privileged information when public interest to hear mediator testimony outweighs the interest in protecting the confidentiality and integrity of mediation. There are certain situations when courts are willing to hear the confidential information related to mediation. Absent any statutory protection the mediator may be called as a witness and could be compelled to testify. The mediator testimony may reveal certain information which could be in favor of one party and damaging to the other party this undermines the principle of mediator neutrality and the integrity of the process. All the exceptions to confidentiality must be construed carefully and precisely by statute leaving no ambiguities and providing the legal certainty for participants. The recommendations: In order to ensure the adequate protection of confidentiality in mediation we recommend: 1. to incorporate in the Code of Civil Procedure the provision prohibiting to call the mediator as a witness in civil or commercial proceedings; 2. to incorporate in Civil Dispute Conciliation Mediation Act the exception to confidentiality for information that is sought or offered to prove mediator malpractice claim or complaint; 3. to add an exception in Civil Dispute Conciliation Mediation Act that information about future or ongoing crimes which became known during mediation is not protected and must be disclosed to authorities.

Modern Western states declaring the right to fair and speedy trial have faced serious obstacles while implementing it. The judicial procedure is suffering from severe caseload leading to a substantial delay and increasing costs in litigation. The situation resulted in growing public dissatisfaction with the formal court system and a justice as a whole. This encouraged the states to look for new dispute resolution mechanisms which could be alternative to litigation and could overtake certain disputes from courts leaving access to justice more available. In 1950's USA introduced mediation in solving labor disputes. It showed a success and gained the support of legislation and judiciary which led to wide spread of mediation to other areas of dispute resolution: small claims, neighborhood, consumer, landlord-tenant, victim-offender, family, environmental disputes. Mediation can offer a cheaper, faster, less formal procedure compared to litigation. Mediation leaves the ultimate decision making process in the hands of the parties themselves. The third neutral person is only assisting the parties in developing the dialogue and reaching a mutually acceptable settlement of issues in dispute. This voluntarily reached settlement diminishes the friction between adverse parties, helps to maintain further amicable relations between parties and preserve the social peace and harmony. Confidentiality is regarded as a fundamental feature to effective mediation. It encourages candid and free nature of the discussion. Parties are then free to communicate without fear that the facts they disclosed during mediation will be used against them in court if mediation fails. Parties to mediation, the mediator, non-party participants are obliged to keep all the information related to mediation confidential. Parties to dispute can agree to disclose the protected information or a part of it. The mediator doesn't have such authority to decide upon disclosure of protected communications – he has an obligation to keep it confidential. But are there circumstances when mediator is compelled to disclose the confidential information? If so, what are they? Scientific novelty of the thesis The European Union (hereinafter – the EU) has acknowledged the importance of alternative dispute resolution (hereinafter - ADR) and especially mediation in reaching one of its political objectives in securing better access to justice. The EU institutions produced a number of legal instruments promoting the use of ADR: Green Paper on Alternative Dispute Resolution in Civil and Commercial Law presented by the European Commission in April 2002, European Code of Conduct for Mediators passed by the European Commission in 2004 and finally the Directive on certain aspects of mediation in civil and commercial matters enacted by the European Parliament and the Council in May 2008. Lithuania as a Member State has to ensure a proper implementation of the provisions of this Directive through the means of national legislation. The Directive provides for a minimum standards to ensure the protection of confidentiality in mediation but Member States are free to take stricter measures at domestic level. Regardless which approach Lithuania is going to take – softer or stricter - it has to ensure that legislation regulating confidentiality is to be clear, precise, understandable and fair to the users of mediation and especially to mediators. Parties to dispute can agree to disclose certain confidential information in later judicial or arbitration proceedings. Mediator doesn't have such authority – he is obliged to keep information confidential. The obligation of confidentiality for mediator arise from statutes defining mediation, codes of professional conduct or mediation agreements. The duty of confidentiality must be preserved in order to assure that the reasonable expectations of participants regarding the confidentiality are met rather than frustrated. The goal of this thesis is to provide the answer for the legal issue: is the duty of confidentiality placed upon mediators absolute? The proposed hypothesis is that the duty of confidentiality placed upon mediators is not absolute. In order to accomplish the goal of the thesis and to support or deny the hypothesis we take the following steps: 1. to analyze the mediation and to determine what its main features are; 2. to analyze the confidentiality in mediation; 3. to determine what are the legal means for safeguarding the confidentiality in mediation; 4. to determine the role of mediator in preserving the confidentiality in mediation; 5. to determine the scope of confidentiality whether there is exceptions to it. In order to accomplish the tasks set above we analyzed number of legal instruments passed by the institutions of European Union, Lithuanian legislation on mediation, the provisions of confidentiality in Uniform Mediation Act of United States of America. It was important to explore the legal means in safeguarding the confidentiality in mediation in different countries: statutory protection, without prejudice rule, mediation privilege, attorney-client privilege and contractual protection – in order to determine which legal instrument provides the most protection of confidentiality. We looked at the case law of United Kingdom, USA, Australia that emphasized the importance of confidentiality in mediation, also analyzed British case law establishing the exceptions from the confidentiality. After the above mentioned tasks are accomplished we make the following conclusions: 1. Mediation unlike other ADR and unlike judicial procedures, can offer an amicable dispute resolution procedure which is strictly confidential. 2. Confidentiality is one of the most important mediation features distinguishing it from other dispute resolution mechanisms and making it more attractive to the users. Legally protected confidentiality fosters the candid and open communications between parties and mediator increasing the effectiveness of the procedure. Lifting the shield of confidentiality would destroy the public trust in mediation and would discourage its potential users from engaging in mediation. 3. The statutory privilege against disclosure of any mediation communication by parties, the mediator and non-parties participants and ability to block others from disclosure – is the most effective legal instrument preserving the confidentiality in mediation and protecting the mediator from being called as a witness regarding confidential information. 4. The duty of confidentiality placed upon mediator is not absolute as it can be proved by several exceptions created by legislation and by courts. There is certain situations when courts can decide to look at otherwise privileged information when public interest to hear mediator testimony outweighs the interest in protecting the confidentiality and integrity of mediation. There are certain situations when courts are willing to hear the confidential information related to mediation. Absent any statutory protection the mediator may be called as a witness and could be compelled to testify. The mediator testimony may reveal certain information which could be in favor of one party and damaging to the other party this undermines the principle of mediator neutrality and the integrity of the process. All the exceptions to confidentiality must be construed carefully and precisely by statute leaving no ambiguities and providing the legal certainty for participants. The recommendations: In order to ensure the adequate protection of confidentiality in mediation we recommend: 1. to incorporate in the Code of Civil Procedure the provision prohibiting to call the mediator as a witness in civil or commercial proceedings; 2. to incorporate in Civil Dispute Conciliation Mediation Act the exception to confidentiality for information that is sought or offered to prove mediator malpractice claim or complaint; 3. to add an exception in Civil Dispute Conciliation Mediation Act that information about future or ongoing crimes which became known during mediation is not protected and must be disclosed to authorities.

Modern Western states declaring the right to fair and speedy trial have faced serious obstacles while implementing it. The judicial procedure is suffering from severe caseload leading to a substantial delay and increasing costs in litigation. The situation resulted in growing public dissatisfaction with the formal court system and a justice as a whole. This encouraged the states to look for new dispute resolution mechanisms which could be alternative to litigation and could overtake certain disputes from courts leaving access to justice more available. In 1950's USA introduced mediation in solving labor disputes. It showed a success and gained the support of legislation and judiciary which led to wide spread of mediation to other areas of dispute resolution: small claims, neighborhood, consumer, landlord-tenant, victim-offender, family, environmental disputes. Mediation can offer a cheaper, faster, less formal procedure compared to litigation. Mediation leaves the ultimate decision making process in the hands of the parties themselves. The third neutral person is only assisting the parties in developing the dialogue and reaching a mutually acceptable settlement of issues in dispute. This voluntarily reached settlement diminishes the friction between adverse parties, helps to maintain further amicable relations between parties and preserve the social peace and harmony. Confidentiality is regarded as a fundamental feature to effective mediation. It encourages candid and free nature of the discussion. Parties are then free to communicate without fear that the facts they disclosed during mediation will be used against them in court if mediation fails. Parties to mediation, the mediator, non-party participants are obliged to keep all the information related to mediation confidential. Parties to dispute can agree to disclose the protected information or a part of it. The mediator doesn't have such authority to decide upon disclosure of protected communications – he has an obligation to keep it confidential. But are there circumstances when mediator is compelled to disclose the confidential information? If so, what are they? Scientific novelty of the thesis The European Union (hereinafter – the EU) has acknowledged the importance of alternative dispute resolution (hereinafter - ADR) and especially mediation in reaching one of its political objectives in securing better access to justice. The EU institutions produced a number of legal instruments promoting the use of ADR: Green Paper on Alternative Dispute Resolution in Civil and Commercial Law presented by the European Commission in April 2002, European Code of Conduct for Mediators passed by the European Commission in 2004 and finally the Directive on certain aspects of mediation in civil and commercial matters enacted by the European Parliament and the Council in May 2008. Lithuania as a Member State has to ensure a proper implementation of the provisions of this Directive through the means of national legislation. The Directive provides for a minimum standards to ensure the protection of confidentiality in mediation but Member States are free to take stricter measures at domestic level. Regardless which approach Lithuania is going to take – softer or stricter - it has to ensure that legislation regulating confidentiality is to be clear, precise, understandable and fair to the users of mediation and especially to mediators. Parties to dispute can agree to disclose certain confidential information in later judicial or arbitration proceedings. Mediator doesn't have such authority – he is obliged to keep information confidential. The obligation of confidentiality for mediator arise from statutes defining mediation, codes of professional conduct or mediation agreements. The duty of confidentiality must be preserved in order to assure that the reasonable expectations of participants regarding the confidentiality are met rather than frustrated. The goal of this thesis is to provide the answer for the legal issue: is the duty of confidentiality placed upon mediators absolute? The proposed hypothesis is that the duty of confidentiality placed upon mediators is not absolute. In order to accomplish the goal of the thesis and to support or deny the hypothesis we take the following steps: 1. to analyze the mediation and to determine what its main features are; 2. to analyze the confidentiality in mediation; 3. to determine what are the legal means for safeguarding the confidentiality in mediation; 4. to determine the role of mediator in preserving the confidentiality in mediation; 5. to determine the scope of confidentiality whether there is exceptions to it. In order to accomplish the tasks set above we analyzed number of legal instruments passed by the institutions of European Union, Lithuanian legislation on mediation, the provisions of confidentiality in Uniform Mediation Act of United States of America. It was important to explore the legal means in safeguarding the confidentiality in mediation in different countries: statutory protection, without prejudice rule, mediation privilege, attorney-client privilege and contractual protection – in order to determine which legal instrument provides the most protection of confidentiality. We looked at the case law of United Kingdom, USA, Australia that emphasized the importance of confidentiality in mediation, also analyzed British case law establishing the exceptions from the confidentiality. After the above mentioned tasks are accomplished we make the following conclusions: 1. Mediation unlike other ADR and unlike judicial procedures, can offer an amicable dispute resolution procedure which is strictly confidential. 2. Confidentiality is one of the most important mediation features distinguishing it from other dispute resolution mechanisms and making it more attractive to the users. Legally protected confidentiality fosters the candid and open communications between parties and mediator increasing the effectiveness of the procedure. Lifting the shield of confidentiality would destroy the public trust in mediation and would discourage its potential users from engaging in mediation. 3. The statutory privilege against disclosure of any mediation communication by parties, the mediator and non-parties participants and ability to block others from disclosure – is the most effective legal instrument preserving the confidentiality in mediation and protecting the mediator from being called as a witness regarding confidential information. 4. The duty of confidentiality placed upon mediator is not absolute as it can be proved by several exceptions created by legislation and by courts. There is certain situations when courts can decide to look at otherwise privileged information when public interest to hear mediator testimony outweighs the interest in protecting the confidentiality and integrity of mediation. There are certain situations when courts are willing to hear the confidential information related to mediation. Absent any statutory protection the mediator may be called as a witness and could be compelled to testify. The mediator testimony may reveal certain information which could be in favor of one party and damaging to the other party this undermines the principle of mediator neutrality and the integrity of the process. All the exceptions to confidentiality must be construed carefully and precisely by statute leaving no ambiguities and providing the legal certainty for participants. The recommendations: In order to ensure the adequate protection of confidentiality in mediation we recommend: 1. to incorporate in the Code of Civil Procedure the provision prohibiting to call the mediator as a witness in civil or commercial proceedings; 2. to incorporate in Civil Dispute Conciliation Mediation Act the exception to confidentiality for information that is sought or offered to prove mediator malpractice claim or complaint; 3. to add an exception in Civil Dispute Conciliation Mediation Act that information about future or ongoing crimes which became known during mediation is not protected and must be disclosed to authorities.

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system

In the present work the author reviews the two scientific monographs and twenty scientific articles in which the history of the Lithuanian legal system is investigated. The author aspires to elucidate how did the main subsystems of the Lithuanian legal system – legislation, jurisdiction and jurisprudence – appeared and developed up to the end of the 20th century in the context of evolution of the Western legal tradition. The basic methods of research used in the works are historical, comparative and teleological. The main theses of the reviewed scientific monographs and articles are these: The law of the Grand Duchy of Lithuania (GDL) was created by the Government on the basis of the national Lithuanian law and some elements of the custom Slav law. Substitution of the custom Slav law for the Lithuanian public and private law took place in those provinces in the 14th-16th centuries. The custom Slav law hampered forming of the system of law of the GDL. It was created finally in the middle of the 16th century. The law of the GDL was a medieval estate law. Estate is a legal phenomenon and law determines signs and features of any estate. Main sign of any estate is rights leaved to him by law and protected by state. Estate system, that is an organization of society into classes rigidly divided for political purposes and defined primarily by law, is based on a legal inequality of estates. Any estate is a stable order closed to outsiders. In order to belong to estate any person must correspond to certain conditions determined by law. At the same time any person can belong to a few different social groups but only to one estate. The estate system of the GDL was formed finally in the middle of the 16th century. It was defined by the Second Statute of Lithuania and consisted of four estates: nobility, clergy, peasantry and townspeople. The nobility and the clergy were privileged. They governed the state and exploited bondsmen. In the towns which obtained the Magdeburg Law the townsmen were free, but haven't political rights and privileges. The author believes that all persons were subjects of medieval law of Lithuania, but their legal capacity was not equal. This inequality was determined by law. Volume of legal capacity of these persons depended upon their age, sex, citizenship, religion and estate. It could be changed in accordance with law. Under certain conditions loss of legal capacity also was able. Collective subjects of law were the GDL itself (not its government bodies or officials), the people of Lithuania as a political unit (not estates or ethnographic nations), political confederations of noblemen (if they were sanctioned by the Grand Duke), self-governing territorial units (counties, towns, etc.), guilds organized by craftsmen and merchants and self-governing religions communities. The author believes that a land-ownership in the GDL was divided. Two persons held the same land. One of them was an immediate owner, the second was a superior owner of the land. An immediate owner's right to dispose the land was limited by a superior owner's rights to this land. In the 14th-first half of the 16th century an ancestral land was the main form of land-ownership in the GDL. At first an ancestral land was owned without obligation of vassalage. Since the beginning of the 16th century an owner of an ancestral land was obliged to military service from his land. Since the 14th century a benefice was the second form of feudal land-ownership in the GDL. Gradually a benefice turned into a feud. In 1566 the Second Statute of Lithuania gave the equal rights to all owners of ancestral lands and feuds. They got the freedom to dispose all their lands, but were obliged to military service from their real estate. In the middle of the 16th century the domain of the Grand Duke was divided into the State lands and Throne lands. The Grand Duke's freedom to dispose these lands was limited. Up to the middle of the 16th century there were no permanent circuit courts for land disputes in the Grand Duchy of Lithuania. All state courts heard land cases in their permanent quarters and moved in locality to survey borders only if it was very necessary. The Government of the GDL stimulated activity of arbitration and village courts and set them to resolve land disputes in locality. The first permanent circuit court (Sub-Chamber court) for boundary disputes was established in every county during the court reform in 1564-1566. Up to the middle of the 16th century jurisdiction of the Church determined by canons was very wide and came into collision with jurisdiction of the State. Besides clergymen and other subjects of the Church spiritual courts prosecuted noblemen, peasants and townsfolk. Competence of secular and spiritual courts was delimited clearly by the Third Statute of Lithuania. In accordance with this Statute spiritual courts could prosecute noblemen, peasants and townsfolk only if a certain case was bound up with religion or marriage. The medieval conception of formal evidences existed and dominated in the GDL from the 13th century up to the 18th century. The court was passive because all evidences were collected and produced by the plaintiff or by the defendant, and legal force of any evidence was determined by Lithuanian custom law and by the Lithuanian Statutes. The author believes that compurgators were not eye-witnesses of crime or event, there testified on oath only about good name of somebody. Compurgators swore together with plaintiff or defendant. Witnesses testified to or against somebody without oath. The legal status of witnesses and compurgators determined by the Lithuanian custom law and the First Lithuanian Statute was partly corrected by the Second and the Third Lithuanian Statutes in 1566 and 1588. Dietsky office appeared in the Ancient Slav State about the 11th century. From the 13th century onwards this office functioned in the GDL. Vizh office was instituted in the end of the 15th century or in the beginning of the 16th century in the GDL. Dietsky and Vizh were court officers executed judgements. Vizh was also official witness in criminal and civil cases. Vozny office was established in the GDL during the judicial reform in 1564-1566. Vozny was an important official of a court of law. He used to be elected by county noblemen. His duty was to inspect damages, wounds, and to witness at a trial. He was an executor of court's sentences. The number of lawyers who took scholastic degrees increased in the GDL in the 16th century. They developed legal terminology, introduced the written form of contracts and elaborated many legal acts. The Lithuanian Statutes should be regarded as the acme of progressive legal theoretical thought and practical activity. They surmounted the codification of the legislation of the GDL and brought the country to the leading position among other European countries. Yet the high standard, progressive spirit and intrinsic humanistic ideas by themselves did not mean that the Statutes were properly applied. In the 16th century, the lack of qualified lawyers complicated application of the Lithuanian Statutes. The legal sophistication of judges was often rather poor. Even members of the Lithuanian Tribunal of the GDL were not professional lawyers. The requirement constituted in the Lithuanian Statutes that only nobility were eligible to the position of judges was hardly observed because for a long time there had been not a single law school or college in the GDL. Why the Faculty of Law had not been founded in the Vilnius Jesuits' Academy before 1641? The author believes that the problem may be viewed in the context of international relations between the Kingdom of Poland and the GDL. In the year of the foundation of Vilnius University, one more event important for the legal development of GDL took place: creation of the highest appeal court – Lithuanian Tribunal. Polish landlords did not tolerate the steps strengthening the statehood of Lithuania. Creation of the Lithuanian Tribunal was a difficult victory of the GDL nobility. It is quite possible that concession to the University of Krakow and recognition of Polish monopoly in preparing lawyers were the cost paid for the mentioned victory. It seemed then more important to have their own appeal court than to prepare lawyers in the GDL. In the one article the author aspires to elucidate what was a medieval university – integral part of the town or feudal benefice, what were professors ant students – full fledged citizens of the town or aliens, and what were courts of the university – State or private, secular or ecclesiastical. The author established that any university in the Middle Ages was a self-governing professional corporation similar with guild or craft. Doctors and scholars (like merchants or craftsmen) elected rector and some others officials who governed and administered justice. Mostly university was an integral part of the town; professors ant students could exercise their rights on an equality with citizens of the town. Sometimes university was ruled by the Bishop or King as a feudal benefice independent from the town magistrates and courts (in this case the relations between town citizens and students were exceptionally strained). A very ample jurisdiction was allowed to the Rector's court, extending to all civil cases and all criminal cases except such as involved mutilation (in those criminal cases the jurisdiction of the town Magistrates, King's or Bishop's judges was recognized). Rector was required to suppress quarrels between students and townsmen, or among the students themselves. If Rector failed to punish offenders, a scholar or doctor was amenable to the town Magistrates, King's or Bishop's judges. The Bishop always reserved to himself spiritual jurisdiction over professors ant students. An appellate civil jurisdiction was reserved to the town Magistrates, King's or Bishop's judges. It should be recognized that the legal system