Suchergebnisse

Different shortcomings have been attributed to both legislators (the people & the parliament) in all countries & at all times. The key shortcoming of the people as a legislator is its unability to duly solve state-level issues: the totality of citizens can easily be misled, they lack knowledge or competence on specific issues, their decisions are based on stereotypes etc. Another limitation of people is related to the possibility that anonymity of its decisions can provoke cruelty & intolerance. Despite logical validity of the above-mentioned shortcomings their practical correctness is not proven. Falseness is also not proven as the only existing example of a frequent people's participation in legislation (Switzerland) among other things proving the falseness of the above-mentioned reproaches could hardly serve as a basis for generalization. To the disadvantage of people as a legislator, a procedural argument is presented: during a referendum it is not possible to adopt a maximum best & balanced law as in every case there is a choice "either... or." There is a vote en bloc & no editorial (even most rational) amendments are possible. Besides, the legislation that involves a referendum is related to huge costs. The people's participation in legislation is beneficial because it ensures a higher legitimacy of the decisions & brings people closer to the ruling elite (thus the gap between what citizens expect from the administration & what they receive from the administration is minimized), moreover, this guarantees every citizen's right to participate in tackling his/her affairs. There is one case where the laws adopted by the people have all the strengths of the laws adopted by the parliament & the people, & avoid almost all the failings. These are ratification referenda where the parliament-approved draft laws are adopted (or rejected). The people are only a nominal legislator in Lithuania. The recent practice proves that currently the requirements for holding a referendum make it impossible to pass laws in referenda. This conclusion is confirmed by the fact that the requirements for initiating a referendum are practically impossible to meet: so far nobody has managed to collect 300.000 signatures required to initiate a referendum, ie., 12 percent of the citizens of the Republic of Lithuania who have the right to vote. Consequently, the Seimas is de facto the only legislator in Lithuania. The Parliament as a lawmaker also has some weaknesses. First parliament members, unlike the people, are more prone to bribing or may be subject to some other personal impact. On the other hand, in contemporary electoral system, the parliamentarians who seek to stay in office pander both certain social or territorial groups of the electorate by adopting laws beneficial to them. The people as the whole is not the only popular actor in the legislative process. Individual citizens & their groups have certain powers as well. Yet they are not legislators as such, but rather merely participants of the legislative process. As compared to foreign practice, in Lithuania the conditions & procedure exercising citizens' legislative initiative (50.000 signatures required) are subject to relatively liberal regulation. Unlike in many countries of Europe, there are no direct restrictions on exercising this initiative. There are two indirect restrictions: 1) a draft law on the state budget of the Republic of Lithuania can only be prepared & submitted to the Seimas by the Government, 2) draft laws on ratification & denouncing international treaties are submitted by the President. In practice, however, citizens' legislative initiatives are related to politicians' rather than citizens' initiatives. Citizens' legislative initiative most often is used not to promote the idea of lawmaking but to use citizens' signatures for exerting political pressure on the Seimas ruling majority by opposition & communicating a certain message to the electorate. Out of seven initiatives, one brought some results. Exercising the right of petition at the Seimas is in fact an indirect legislative initiative. It diminishes the significance of the Constitutional right of 50.000 citizens' initiative. This right does not make any practical influence: so far only two laws have been passed on the basis of the problems addressed in petitions. Adapted from the source document.

In the final work of the master analyzed a temporary work through temporary work agency. Temporary agency work is an important and growing sector. In 2004 Lithuania ratified International Labor Organization Convention No. 181, which aims to develop employment policies and to establish a legal framework to regulate temporary agency work. In 2008, the European Parliament and the Council adopted Directive 2008/104/EC, which aims to raise the work through temporary employment companies' quality, and to ensure protection for workers. To this end, in 2011, in transposition of the directive into Lithuanian law was adopted, the Republic of Lithuania employment through temporary employment agencies Act. It sets out the characteristics of temporary work and temporary employment agency, temporary employee and the temporary employee's user firm rights and obligations. In the three-way relationships between temporary employment agencies, the employee and the user of temporary work, the weakest and most vulnerable party is an employee. To carry out research that temporary staff are far more vulnerable than permanent staff. Temporary agency workers' vulnerability are characterized by the fact that their salaries for the same work may be less than permanent staff in the field; there is no guarantee for the further work, frequent change in the workplace, etc. In addition, both the Directive 2008/104/EC and national legislation provide for the possibility to derogate from certain provisions (for example, the principle of equal treatment). Therefore, in this work analyses the legal protection of temporary agency workers. In view of the fact that the most common violations of the rights of workers, which is discrimination based on the principle of equal treatment and is not guaranteed safe and fair working conditions. At work raised the hypothesis – the Lithuanian legislation does not guarantee temporary agency workers, the protection of rights. The objective of work is to analyze the temporary employment through temporary employment agencies legal regulation of foreign countries and the Republic of Lithuania. Assessment of Directive 2008/104/EC transposed into the national legal systems, the impact on the protection of temporary agency workers. To achieve that objective are to formulate these tasks: 1. analyze the characteristics of the temporary work, and international regulation of the temporary work; 2. to examine in detail the regulation of temporary work in selected countries, and the protection afforded to workers; 3. discuss the protection provided to the temporary agency workers, after Directive 2008/104/EC transposition into national legal systems and to examine the current practice of the Court of Justice of the European Union; 4. to analyze the Republic of Lithuania national legislation which regulate temporary work. The first part of work analyzes the specifics of temporary work, the benefits and disadvantages. Is presented temporary work model and describes its performance. As well analyzes the emergence of international regulation and the International Labor Organization changing approaches on this form of work. In view of the fact that such work's form of a relatively new phenomenon in Lithuania, while Germany, France and the United States such work's form already exists in more than one decade is analyzed the practice of those States, regulating temporary work. In the second part of the analysis of the work analyze the European Parliament and Council Directive 2008/104/EC concerning temporary agency work. Analyze the protections and guarantees of workers offered by the directive and issues that arise from certain its provisions. There are also analyzed the Council of Europe report, which assesses the implementation of the provisions of the directive, how the Member States have succeeded in improving the situation of temporary workers. While discussing the jurisprudence of the Court of Justice of the European Union, the work describes the first and so far the only case law in the case, which clarifies the application of the provisions of the directive. The third part analyzes the Republic of Lithuania the temporary employment regulation. Emphasizes that, before fully adjusting to this form of work was approved the labor hire conception. The concept was reflected basic principles of Law of the temporary agencies workers and was set up by the analysis of the practice of European countries on this matter. Further in this part of the work is analyzed The Republic of Lithuania employment through temporary employment agencies Act, it is compared with the Directive 2008/104/EC, the provisions of the regulation of foreign temporary work and with the new the Republic of Lithuania Labour Code project. In the final work, raised the hypothesis that the Lithuanian legislation does not guarantee temporary agency workers, protection of the rights is confirmed only partially. The Republic of Lithuania employment through temporary employment agencies Act, drawn up in accordance with Directive 2008/104/EC enshrines the essential principles of the Directive and ensures protection of fundamental rights. However, the temporary employment agencies poor control and licensing absence creates preconditions to violate workers' rights.

In the final work of the master analyzed a temporary work through temporary work agency. Temporary agency work is an important and growing sector. In 2004 Lithuania ratified International Labor Organization Convention No. 181, which aims to develop employment policies and to establish a legal framework to regulate temporary agency work. In 2008, the European Parliament and the Council adopted Directive 2008/104/EC, which aims to raise the work through temporary employment companies' quality, and to ensure protection for workers. To this end, in 2011, in transposition of the directive into Lithuanian law was adopted, the Republic of Lithuania employment through temporary employment agencies Act. It sets out the characteristics of temporary work and temporary employment agency, temporary employee and the temporary employee's user firm rights and obligations. In the three-way relationships between temporary employment agencies, the employee and the user of temporary work, the weakest and most vulnerable party is an employee. To carry out research that temporary staff are far more vulnerable than permanent staff. Temporary agency workers' vulnerability are characterized by the fact that their salaries for the same work may be less than permanent staff in the field; there is no guarantee for the further work, frequent change in the workplace, etc. In addition, both the Directive 2008/104/EC and national legislation provide for the possibility to derogate from certain provisions (for example, the principle of equal treatment). Therefore, in this work analyses the legal protection of temporary agency workers. In view of the fact that the most common violations of the rights of workers, which is discrimination based on the principle of equal treatment and is not guaranteed safe and fair working conditions. At work raised the hypothesis – the Lithuanian legislation does not guarantee temporary agency workers, the protection of rights. The objective of work is to analyze the temporary employment through temporary employment agencies legal regulation of foreign countries and the Republic of Lithuania. Assessment of Directive 2008/104/EC transposed into the national legal systems, the impact on the protection of temporary agency workers. To achieve that objective are to formulate these tasks: 1. analyze the characteristics of the temporary work, and international regulation of the temporary work; 2. to examine in detail the regulation of temporary work in selected countries, and the protection afforded to workers; 3. discuss the protection provided to the temporary agency workers, after Directive 2008/104/EC transposition into national legal systems and to examine the current practice of the Court of Justice of the European Union; 4. to analyze the Republic of Lithuania national legislation which regulate temporary work. The first part of work analyzes the specifics of temporary work, the benefits and disadvantages. Is presented temporary work model and describes its performance. As well analyzes the emergence of international regulation and the International Labor Organization changing approaches on this form of work. In view of the fact that such work's form of a relatively new phenomenon in Lithuania, while Germany, France and the United States such work's form already exists in more than one decade is analyzed the practice of those States, regulating temporary work. In the second part of the analysis of the work analyze the European Parliament and Council Directive 2008/104/EC concerning temporary agency work. Analyze the protections and guarantees of workers offered by the directive and issues that arise from certain its provisions. There are also analyzed the Council of Europe report, which assesses the implementation of the provisions of the directive, how the Member States have succeeded in improving the situation of temporary workers. While discussing the jurisprudence of the Court of Justice of the European Union, the work describes the first and so far the only case law in the case, which clarifies the application of the provisions of the directive. The third part analyzes the Republic of Lithuania the temporary employment regulation. Emphasizes that, before fully adjusting to this form of work was approved the labor hire conception. The concept was reflected basic principles of Law of the temporary agencies workers and was set up by the analysis of the practice of European countries on this matter. Further in this part of the work is analyzed The Republic of Lithuania employment through temporary employment agencies Act, it is compared with the Directive 2008/104/EC, the provisions of the regulation of foreign temporary work and with the new the Republic of Lithuania Labour Code project. In the final work, raised the hypothesis that the Lithuanian legislation does not guarantee temporary agency workers, protection of the rights is confirmed only partially. The Republic of Lithuania employment through temporary employment agencies Act, drawn up in accordance with Directive 2008/104/EC enshrines the essential principles of the Directive and ensures protection of fundamental rights. However, the temporary employment agencies poor control and licensing absence creates preconditions to violate workers' rights.

In the final work of the master analyzed a temporary work through temporary work agency. Temporary agency work is an important and growing sector. In 2004 Lithuania ratified International Labor Organization Convention No. 181, which aims to develop employment policies and to establish a legal framework to regulate temporary agency work. In 2008, the European Parliament and the Council adopted Directive 2008/104/EC, which aims to raise the work through temporary employment companies' quality, and to ensure protection for workers. To this end, in 2011, in transposition of the directive into Lithuanian law was adopted, the Republic of Lithuania employment through temporary employment agencies Act. It sets out the characteristics of temporary work and temporary employment agency, temporary employee and the temporary employee's user firm rights and obligations. In the three-way relationships between temporary employment agencies, the employee and the user of temporary work, the weakest and most vulnerable party is an employee. To carry out research that temporary staff are far more vulnerable than permanent staff. Temporary agency workers' vulnerability are characterized by the fact that their salaries for the same work may be less than permanent staff in the field; there is no guarantee for the further work, frequent change in the workplace, etc. In addition, both the Directive 2008/104/EC and national legislation provide for the possibility to derogate from certain provisions (for example, the principle of equal treatment). Therefore, in this work analyses the legal protection of temporary agency workers. In view of the fact that the most common violations of the rights of workers, which is discrimination based on the principle of equal treatment and is not guaranteed safe and fair working conditions. At work raised the hypothesis – the Lithuanian legislation does not guarantee temporary agency workers, the protection of rights. The objective of work is to analyze the temporary employment through temporary employment agencies legal regulation of foreign countries and the Republic of Lithuania. Assessment of Directive 2008/104/EC transposed into the national legal systems, the impact on the protection of temporary agency workers. To achieve that objective are to formulate these tasks: 1. analyze the characteristics of the temporary work, and international regulation of the temporary work; 2. to examine in detail the regulation of temporary work in selected countries, and the protection afforded to workers; 3. discuss the protection provided to the temporary agency workers, after Directive 2008/104/EC transposition into national legal systems and to examine the current practice of the Court of Justice of the European Union; 4. to analyze the Republic of Lithuania national legislation which regulate temporary work. The first part of work analyzes the specifics of temporary work, the benefits and disadvantages. Is presented temporary work model and describes its performance. As well analyzes the emergence of international regulation and the International Labor Organization changing approaches on this form of work. In view of the fact that such work's form of a relatively new phenomenon in Lithuania, while Germany, France and the United States such work's form already exists in more than one decade is analyzed the practice of those States, regulating temporary work. In the second part of the analysis of the work analyze the European Parliament and Council Directive 2008/104/EC concerning temporary agency work. Analyze the protections and guarantees of workers offered by the directive and issues that arise from certain its provisions. There are also analyzed the Council of Europe report, which assesses the implementation of the provisions of the directive, how the Member States have succeeded in improving the situation of temporary workers. While discussing the jurisprudence of the Court of Justice of the European Union, the work describes the first and so far the only case law in the case, which clarifies the application of the provisions of the directive. The third part analyzes the Republic of Lithuania the temporary employment regulation. Emphasizes that, before fully adjusting to this form of work was approved the labor hire conception. The concept was reflected basic principles of Law of the temporary agencies workers and was set up by the analysis of the practice of European countries on this matter. Further in this part of the work is analyzed The Republic of Lithuania employment through temporary employment agencies Act, it is compared with the Directive 2008/104/EC, the provisions of the regulation of foreign temporary work and with the new the Republic of Lithuania Labour Code project. In the final work, raised the hypothesis that the Lithuanian legislation does not guarantee temporary agency workers, protection of the rights is confirmed only partially. The Republic of Lithuania employment through temporary employment agencies Act, drawn up in accordance with Directive 2008/104/EC enshrines the essential principles of the Directive and ensures protection of fundamental rights. However, the temporary employment agencies poor control and licensing absence creates preconditions to violate workers' rights.

This Master's thesis is dedicated to the analysis of investor protection mechanisms in case of state insolvency. The classic notion of state immunity provides that a state is the sovereign that is immune from judicial proceedings. However, Lithuania as well as other states waive the sovereign immunity and participate in financial markets as equal entities. Contractual relationship forms between a state and an investor who has purchased debt securities issued by the state. An investor who invests into the state securities and participates in the financial market shall be entitled to special protection, as he remains the weaker party to the relations in any case. The thesis has analysed interpretation of the notion of sovereign insolvency in international law; however, no such notion has been found. The research has shown that this notion is construed as a state's incapacity to comply with its financial liabilities. Thus, according to the world's practice, if a state has become insolvent, it is incapable of complying with the assumed financial liabilities to its creditors, i.e. high profile foreign and local banks and investors holding bonds or other debt securities of the state. Key factors determining a state's resolution to proclaim own insolvency are excessive indebtedness of the state, slow economic growth. State's insolvency and incapacity to comply with the assumed liabilities as well as debt restructuring have negative effects on financial markets, given that the state's, i.e. issuer's, debt securities have spread all over the world. In such a situation, the state launches a debt restructuring offer to its investors with the intention to amend terms and conditions of the bonds or postpone their repurchase. The Master's thesis provides comprehensive analysis of investor rights in case of a state's intention to restructure the debt. Hence, if a state is incapable of paying the nominal value of bonds to the respective bondholders, it launches an offer to exchange the bonds held to new restructured bonds and compensation of other sorts. Lithuania and other EU member states are subject to a Collective Action Clause (CAC) that establishes state securities restructuring conditions for the cases where a state is incapable of paying the primary nominal value of the securities. The European Parliament has established that all new more than one year maturity securities issued by Governments of the Eurozone, i.e. state-issued bonds, shall be subject to the CAC. These clauses are aimed at creating more favourable conditions for agreement between the state and its private sector creditors, considering that the private sector is involved. However, the concern is whether or not inclusion of such clauses into bond subscription agreements might create an obstacle for the investors to dispute such offer and reject debt restructuring. As a result, state debt restructuring would satisfy state's interests by compromising the investors' interests. Absence of the CAC from bond agreements might pose difficulties for the investors to protect the violated rights and reject debt restructuring on pari passu basis. Many scientists acknowledge that there is currently no universal system that would govern state debt restructuring and protection of investor interests. Witnessing the state bankruptcy and incapacity to pay the debt to the bondholders in Greece as well as the effect of it on other member states of the Eurozone, the European Union has adopted a resolution to establish the European Stability Mechanism (ESM) to tighten budget discipline and enforce coordination of economic and financial policies of the member states. The thesis also discusses the implications of legislative acts and institutions for investors protecting their violated rights. Analysis of investor protection mechanisms is unreasonable unless the possibility for investors to seek protection of the violated rights is discussed. Hence, the Master's thesis has also involved review of two options for the investors to protect the violated rights. The first option is to address the International Centre for Settlement of Investment Disputes, where investors initiate judicial disputes on the basis of the Bilateral International Agreement, or to apply to foreign national courts according to the governing law specified in the respective bond subscription agreement. Investors address the International Centre for Settlement of Investment Disputes primarily due to failure of national courts in a number of countries to directly ensure enforcement of investment agreements. This investor protection mechanism has proven its value as the specialized place for resolution of investment disputes, and is the most favourable rights protection mechanism that can be used by investors at present. There is little chance for the investors' claim to be satisfied if submitted to the respective country's courts. However, if the issued bond subscription agreement specifies the governing law of a country other than the issuing country's law (e.g. English law), investors have more chances when submitting the claim to the other country's courts.

The goal of every health care institution (HCI) is to provide safe and highquality services to patients, but sometimes the provision of health care (HC) services result in unavoidable adverse events (AE). AE can harm and cause irreversible health problems to the patient, so patient safety and AE remain a global concern worldwide. Recently there has been a growing number of researches both locally and worldwide on how to ensure patient safety (PS), how to deliver quality services in HC sector, and how to reduce the number of AE. Council of Europe has issued recommendations on how to improve HC services, but according to the results of the survey conducted in 2014, AE remain a big problem in EU countries. Later in 2017, it has been noted that the recommendations were insufficiently implemented at a national level. The European Commission has pointed out some shortcomings: lack of cooperation between EU countries, deficiencies in safety culture implementation, lack of knowledge and skills in analyzing AE. This article analyzes the success of AE policy implementation in Lithuania, why Lithuania and the EU countries have created a mandatory AE register, but the registration of these events is slow, most of them are still unreported, their real number and frequency are still hidden, and their causes are not analyzed. Based on a case study and qualitative study in one large hospital, attempts are made to identify the factors of AE management that constitute a barrier to effective AE management policy in healthcare institutions. Prerequisites for successful AE management consist of electronisation of AE reporting system, development and control of quality standards, strategic, continuous and ongoing leadership of HC administration and staff involvement and their motivation, also adjusted training, creating organizational culture of confidentiality and learning from mistakes. Some shortcomings were also noted: lack of knowledge and skills, overcoming fears of being punished and humiliated, lack of feedback, lack of national AE IT system. This limits the efficiency of the AE management process both nationally and locally. Successful choice of AE management model directly depends on the internal policies, operations, and leadership of HC institution. Well-planned, organized and controlled measures, based on European recommendations, help to achieve the objectives by monitoring and evaluating their results in a consistent and long-term manner. It is confirmed, that AE registration and continuous analysis is key to prevent future AE. Therefore, the basis of EU countries' AE management policy is choosing the right AE management model according to the maturity of the system, which includes the implementation of the reporting system in HC institutions and, most importantly, the analysis and development of prevention actions. This helps to share experience, constantly analyze, learn from mistakes, and shape a new approach and PS culture. ; Kiekvienos asmens sveikatos priežiūros įstaigos (toliau – ASPĮ) tikslas suteikti saugias ir kokybiškas paslaugas pacientams, tačiau kartais teikiant sveikatos priežiūros (toliau – SP) paslaugas susiduriama su nepageidaujamais įvykiais (toliau – NĮ), kurių nepavyksta išvengti. NĮ gali pakenkti pacientui ir sukelti negrįžtamas sveikatos problemas, todėl pacientų sauga ir NĮ medicinoje išlieka globalinė problema visame pasaulyje. Pastaruoju metu mūsų šalyje ir pasaulyje gausėja tyrimų, įrodančių, kaip užtikrinti pacientų saugą (toliau – PS), kaip teikti kokybiškas paslaugas SP sektoriuje ir sumažinti NĮ skaičių. Europos Taryba 2009 m. pateikė rekomendacijas, kaip tobulinti PS, tačiau 2014 m. atlikto tyrimo rezultatai rodo, kad NĮ išlieka ASPĮ problema Europos Sąjungos (toliau – ES) šalyse.1 Kiek vėliau, 2017 m., nuspręsta, kad pateiktos rekomendacijos nacionaliniu lygiu nepakankamai įgyvendintos. Europos Komisija įvertino, kad vis dar yra trūkumų: bendradarbiavimo stoka tarp ES šalių, saugos kultūros įgyvendinimo, žinių ir įgūdžių analizuojant NĮ trūkumai. Straipsnyje analizuojama, kaip sekasi Lietuvoje įgyvendinti NĮ politiką, kodėl Lietuvoje ir ES šalyse patvirtintas privalomų registruoti nepageidaujamų įvykių sąrašas, tačiau šių įvykių registravimas vyksta vangiai, apie daugumą jų nepranešama, slepiamas jų realus skaičius ir dažnis, neanalizuojamos priežastys. Per praktinį didelės ligoninės pavyzdį atliekant atvejo studiją ir kokybinį tyrimą bandoma identifikuoti NĮ valdymo veiksnius, kurie yra barjeras veiksmingai vykdyti NĮ valdymo politiką SP įstaigose. Įžvelgiamos prielaidos sėkmingam NĮ valdymui: NĮ pranešimų sistemos elektronizavimas, kokybės standartų sukūrimas ir jų kontrolė, strateginė, tęstinė ir nuolatinė SP įstaigos administracijos lyderystė bei viso personalo įtraukimas jį motyvuojant, pritaikyti padalinio reikmėms mokymai, organizacinės kultūros laikantis konfidencialumo ir mokymosi iš klaidų palaikymas. Taip pat pastebėti ir trūkumai: žinių ir įgūdžių stoka, baimės būti nubaustam ir pažemintam įveikimas, grįžtamojo ryšio trūkumas, nacionalinės NĮ IT sistemos nebuvimas. Tai riboja NĮ valdymo proceso efektyvumą ir nacionaliniu, ir įstaigos mastu. Sėkmingas NĮ valdymo pasirinkimas tiesiogiai priklauso ir nuo vidinės tinkamos ASPĮ politikos, veiklos ir lyderystės. Nuosekliai ir ilgalaikėje perspektyvoje remiantis europinėmis rekomendacijomis planuojamos, organizuojamos ir kontroliuojamos priemonės stebint ir vertinant jų rezultatus padeda pasiekti tikslus. Dar kartą patvirtinta, kad, norint išvengti NĮ ateityje, būtina juos registruoti ir nuolat analizuoti. Todėl ES šalių NĮ valdymo politikos pamatas – tinkamo NĮ valdymo modelio, priklausomai nuo sistemos brandos, pasirinkimas; valdymo modelis apima pranešimų sistemos diegimą ASPĮ, jų analizavimą ir prevencijos veiksmų sudarymą bei įgyvendinimą. Tai padeda dalytis patirtimi, nuolat analizuoti, mokytis iš klaidų ir formuoti naują požiūrį ir PS kultūrą.

SUMMARY The objective of this Master's Thesis is to analyze and compare Lithuania, Norway, Netherlands and The Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. With regard to the comparative analysis of the present findings, disclosed the sexual minority rights in Lithuania. The Thesis consists of an introduction followed by two chapters and conclusions. The first chapter deals with the conceptions of sexual minorities and homosexual orientation. Also analyzed the Lithuanian Constitutional human rights and legal provisions wich provide the right to protection, equality, freedom of expression and privacy of sexual minorities. The second section consist legal acts analysis wich regulate sexual minorities rights in Norway, Netherlands and Great Britain. Specifying Constitutional rights and statutory provisions which are providing legal rights to protection, equality, freedom of expression and privacy of sexual minorities. Analyze and compare Lithuania, Norway, Netherlands and Great Britain Constitutional human rights and legal provisions wich ensure the rights and freedoms of sexual minorities. Sexual minorities are groups of people whose sexual orientation, gender identity or sexual characteristics are different from the presumed majority of the population, which are male or female heterosexuals. The term referred primarily to lesbians and gays, bisexuals and transgender people. These four categories are often grouped together and called as LGBT persons. Regarding of society formed stereotypes, these individuals are often faced with the legal and social exclusion. Opposition receives both authorization and prohibition to marry, adopt or publicly promote their way of life. Therefore, sexual minority rights and freedoms is one of the most debated topics in Lithuania and in the world. Article 21 of Lithuania Constitution provides that, the human person is inviolable. Human dignity shall be protected by law. It shall be prohibited to torture, injure, degrade, or maltreat, and to impose such penalties. Article 169 of the Criminal Code prohibit direct discrimination on grounds of sex, sexual orientation, race, nationality, beliefs or other attitudes. Prohibition of sale, produce, acquire to send, carry, keep the things that incite or promote hatred violence and discrimination based on gender, sexual orientation, race, ethnicity, and other cases are provided in the Criminal Code article 170. Article 29 of Lithuania Constitution lay down non-discrimination principle of all persons, other existing legislations guarantees equal rights to all people regardless of gender, sexual orientation, race or ethnic origin, disability, age, religion or belief. Article 2 paragraph 4 of Labour Code provides equality of employment law subjects, regardless of gender, sexual orientation and other circumstances. Article 2 of this act requires the employer to implement equal opportunities at work and in public service. Labour Safety and Health Act guarantees employed safe and healthy working conditions, regardless of the employee's sexual orientation. This act prohibit direct or indirect discrimination on grounds of age, sexual orientation, disability, race or ethnic origin, religion or belief. Article 25 of Lithuania Constitution provides that everyone has the right to hold opinions and to express them freely. Article 36 of Constitution lay, that unarmed citizens have the right in peaceful assembly. These two Constitutional provisions guaranties human right to expression. Country's Criminal Code, the Labour Code, the Occupational Safety and Health Act, the Equal Opportunity Act establishes the prohibition of discrimination on grounds of sexual orientation, but comparing to the rest of the world Lithuania valid legal regulation does not ensure sexual minority rights and freedoms. In Norway, the Netherlands and Great Britain gender identity is stored value of the law and same-sex marriage are legal by the law. These countries have established legal regulation laying down the conditions and gender reassignment procedures. In Netherlands and Great Britain the same sex can form a partnership. There is no statutory regulations, which set the conditions for gender reassignment procedures in Lithuania. Article 2.27 of Lithuanian Civil Code provides that \"an unmarried adult has the right to medically change their sex, if it is medically possible. Sex changing conditions laid down by law". To implement these provisions was prepared draft law regulating the treatment of transsexualism, but due to conflicting public assessment, this law has not been adopted. For this reason in country does not exist discriminatory crimes of sexual identity basis. The country does not allow same-sex marriage or partnership formation. Article 38 of Lithuania Constitution establishes that "marriage are formed in agreement between a man and a woman ''. According to this provision, the same-sex marriage are not available in the Country. Lithuania legal acts unlike in Norway, Netherlands and Great Britain does not include gender identity concept. In Lithuania transsexual person (a person who has a gender identity confusion) rights and freedoms are not guaranteed, because none of the above provisions of the law does not include gender identity grounds. For this reason, information about hate crimes, sexual identity simply does not exist.

The article deals with the development of legal grounds of the European Union common defence policy in a draft Constitution for Europe. In order to identify trends in the legal regulation of the EU common defence policy, the author compares respective provisions of the draft European Constitution and the Treaty on European Union. The key Art. I-40 of the draft Constitution establishing specific provisions for implementing the common security and defence policy provides for significant changes, in comparison with the respective Art. 17 of the Treaty on European Union. Apart from that, the specific provisions of Art. I-40 of the European Constitution are developed by the more detailed provisions on the common security and defence policy which are contained in Section 2, Chapter II, Title V of Part III of the Constitution (from Art. III-210 to Art. III-214 thereof). Most of these provisions are new. However, they are based on the same principles, as stated in Art. 17(1) of the Treaty on European Union and Art. I-11(4), I-15(1) and I-40(1, 2) of the draft Constitution. Namely, under the Constitution, the common defence policy will remain an integral part of the common foreign and security policy and will continue to provide operational capabilities for the Union's external actions in a specific situation when diplomatic and economic actions will be insufficient in order to achieve the common foreign and security policy goals. As previously, the main aim of the common defence policy will be to increase civilian and military capabilities assigned for the implementation of the so-called Petersberg tasks (humanitarian and rescue, peacekeeping, crisis management and peacemaking operations). The draft Constitution also preserves sufficient legal guarantees to ensure compatibility with the activities of the NATO and corresponding legal obligations of a number of Member States. On the other hand, some new provisions of the Constitution can be assessed as the reflection of efforts of some EU countries to make the common defence policy more autonomous with respect to the NATO and the USA. Some of them may even raise a danger of duplication of the NATO's activities. With regard to implementation of the Petersberg tasks, the provisions of the Constitution remains generally unchanged in comparison with those of the Treaty on European Union, except a few provisions updating the Petersberg tasks and strengthening the institutional framework of the common defence policy. The new missions, such as joint disarmament operations, military advice and assistance tasks, conflict prevention and post-conflict stabilisation, were added to the range of Petersberg missions, in order to respond properly to the emerging new threats to the European security. In line with that, the solidarity clause is added by Art. I-42 which obliges the Member States to mobilise all instruments at their disposal in order to prevent terrorist threats and assist each other in case of disasters. The next novelty is that, in addition to the existent institutions of the common defence policy, the draft Constitution provides for the establishment of the European Armaments, Research and Military Capabilities Agency that will be subordinate to the Council of Ministers. Apart from the cooperation in the field of armaments, the Agency will also be responsible for supervision of the implementation by the Member States of their military capability commitments. On the one hand, that could significantly improve the fulfilment of the Union's defence policy objectives. On the other hand, there is a danger that the Agency can serve as one of the means for domination of certain Member States and, as a consequence, it can become a catalyst of different-speed and divided Europe in the field of defence policy. The subsequent novelty provided for in the draft Constitution is the possibility of the structured defence and military cooperation between certain Member States, which might be treated as a specific kind of enhanced cooperation. Despite of possible advantages of increase of the Union's military capability, this kind of cooperation could also result in a deeper division of Member States rather than a desired unity on the defence policy matters. ; Straipsnyje analizuojamos Sutarties dėl Konstitucijos Europai nuostatos, skirtos Europos Sąjungos bendrajai gynybos politikai. Šios nuostatos lyginamos su bendrąją gynybos politiką reglamentuojančiomis galiojančios Europos Sąjungos steigimo sutarties nuostatomis, įtvirtintomis Nicos sutartimi. Išryškinamos pagrindinės Europos Sąjungos bendrosios gynybos politikos teisinio reglamentavimo tendencijos Europos Konstitucijos projekte. Savo išvadoms pagrįsti, be lyginamojo, autorius taip pat taiko sisteminį, istorinį, teleologinį, loginį ir kitus tyrimo metodus. Pagrindinė autoriaus daroma išvada yra ta, kad Europos Konstitucijos projektas numato toliau stiprinti Europos Sąjungos bendrąją gynybos politiką jos autonomiškumo santykiuose su NATO didinimo linkme, nors ir iš esmės nekeičia šios politikos principų. Tokią išvadą lemia naujos, lyginant su galiojančia Europos Sąjungos steigimo sutartimi, Europos Konstitucijos projekto nuostatos, atspindinčios Europos Sąjungos bendrosios gynybos politikos institucijų stiprinimo bei struktūrinio karinio bendradarbiavimo plėtros tendencijas ir nustatančios galimybę valstybėms narėms prisiimti bendros gynybos įsipareigojimus. Pagal Europos Konstitucijos projektą taip pat sudaromos sąlygos Europos Sąjungai perimti visas Vakarų Europos Sąjungos funkcijas ir formaliai likviduoti šią organizaciją. Vis dėlto Europos Konstitucijos projekte išlieka pakankamos teisinės garantijos, kad Europos Sąjungos bendroji gynybos politika nepakeis NATO veiklos ir nepažeis valstybių, NATO narių, įsipareigojimų pagal Šiaurės Atlanto sutartį. Be to, dauguma naujų Europos Sąjungos bendrosios gynybos politikos nuostatų buvo suformuluotos siekiant veiksmingai reaguoti į naujus iššūkius tarptautinei taikai ir saugumui. Straipsnyje trumpai apžvelgiami ir Lietuvos dalyvavimo Europos Sąjungos bendrojoje gynybos politikoje pagrindai pagal nacionalinę teisę. Daroma išvada, kad Lietuvos nacionalinės teisės normos numato pakankamas sąlygas šaliai dalyvauti visose Europos Sąjungos ben-drosios gynybos politikos formose. Kita vertus, Lietuvai politiniu požiūriu gali būti netikslinga palaikyti visas galimas šios politikos raidos tendencijas.

As legal researches of the relation between the institutes of joinder of parties and procedural representation and the institute of group action as well as analysis of legal norms of the classical group action show in the article, the institute of group action cannot be identified with the institute of joinder of parties. When the joinder of parties is impossible due to a great number of persons, the group action can be a solution to the problem. In the event legal violations affect many persons, only the persons, who are proactive, knowing their rights, and possessing enough time and material resources, can make a use of the institutes of joinder of parties, procedural representation, and joinder of cases. These problems are resolved by the procedure of group action because it makes judicial defence available to all persons concerned irrespective of their material standing and other capacities as well as of organizational and other personal characteristics. As far as the joinder of parties is concerned, each joint party acts in his own name and has a right to conduct a case independently. All joint parties have to be invited to the hearing. They can also commit the case to one of joint parties. In such legal relationships, effectiveness of judicial defence of group interests is conditioned upon a number of joint parties. If a group is small, the joinder of parties is effective. The greater a number of joint parties is, the lesser effectiveness of the joinder of parties occurs. After a certain number is exceeded, the joinder of parties becomes almost impossible. When the joinder of parties is impossible due to a great number of persons, the theory and practice of the civil procedure suggest the institute of group action, which overcomes deficiencies and uses advantages of the institute of joinder of parties. The group action is a rational means to save human and material resources in the judicial system since it affects positively the economy of the proceedings as claims of many persons are tried in one case in the event the use of the joinder of parties is especially difficult or almost impossible. The group action is the major effective procedural means of judicial defence for numerous groups. The theory of civil procedure considers the institute of group action as a sort of synthesis of two procedural institutes – the joinder of parties and procedural representation. The institute of group action distinguishes for its originality because it includes the institute of joinder of parties without a need to join all parties into the proceedings and the institute of procedural representation without a need of formal authorisations. Enactment of norms regulating the procedure of group action should not create any material problems or adverse effects in Lithuania since the institutes of joinder of parties and of procedural representation are already functioning here. The party in the group action is a group as a one undivided entity. The plaintiff or defendant representing a group acts on behalf of such group's members, who do not participate in the proceedings. The representative of a group has no special authorisations to represent a group and non-participating members in the procedure of group action because rights and duties of a member of a group are determined by legal norms of the group action. The model of the institute of classical group action analyzed in this article could be followed in Lithuania because it includes necessary and sufficient conditions for submission and admission of the group action. ; Civilinio proceso teisės teorijoje grupės ieškinio institutas laikomas dviejų procesinių institutų: procesinio bendrininkavimo ir procesinio atstovavimo, savotiška sinteze, tačiau jo negalima tapatinti su procesinio bendrininkavimo institutu. Grupės ieškinio institutas pasižymi originalumu, nes apima procesinio bendrininkavimo be visų bendrininkų įtraukimo į procesą ir procesinio atstovavimo neturint formalių įgaliojimų institutus, todėl procesinio bendrininkavimo ir procesinio atstovavimo institutų santykio su grupės ieškinio institutu moksliniai teisiniai tyrimai padeda geriau pažinti grupės ieškinio instituto ypatybes. Jei dėl didelio asmenų skaičiaus išsenka procesinio bendrininkavimo galimybės, tai šios problemos sprendimas – grupės ieškinys. Grupės ieškinio procese teisminė gynyba tampa prieinama visiems suinteresuotiems asmenims ir tai nepriklauso nuo jų materialinių ir kitokių galimybių, nuo organizacinių ir asmeninių savybių. Esant procesiniam bendrininkavimui kiekvienas bendrininkas veikia savo vardu, turi teisę savarankiškai vesti savo bylą, į teismo posėdį turi būti kviečiami visi bendrininkai, bendrininkai gali pavesti bylą vesti vienam iš bendrininkų. Jei bendrininkų grupė nedidelė, tai procesinis bendrininkavimas būna veiksmingas. Kuo daugiau bendrininkų, tuo procesinis bendrininkavimas yra mažiau veiksmingas, o peržengus tam tikrą jų skaičiaus ribą procesinis bendrininkavimas tampa beveik neįmanomas. Kai dėl didelio asmenų skaičiaus procesinis bendrininkavimas yra neįmanomas, civilinio proceso teisės teorija ir praktika siūlo taikyti grupės ieškinio institutą, kuris įveikia procesinio bendrininkavimo instituto trūkumus ir išsaugo šio instituto pranašumus. Autorius mano, kad grupės ieškinio procesą reglamentuojančių normų įteisinimas Lietuvoje nesukeltų jokių esminių problemų ir nepageidaujamų padarinių, nes Lietuvos teisės sistemoje jau veikia procesinio bendrininkavimo ir procesinio atstovavimo institutai. Grupės ieškinio proceso šalis yra grupė kaip vientisa ir nedaloma visuma. Tokio proceso metu nedalyvaujančių grupės narių vardu veikia grupei atstovaujantis ieškovas arba atstovaujantis atsakovas. Grupės atstovo įgaliojimai atstovauti grupei ir nedalyvaujantiems jos nariams grupės ieškinio proceso metu nėra kaip nors specialiai įforminti, nes grupės atstovo teisės ir pareigos yra įtvirtintos grupės ieškinio instituto teisės normomis. Lietuvoje sektinas pavyzdys galėtų būti šiame straipsnyje analizuotas klasikinio grupės ieškinio instituto modelis ir jame įteisintos būtinosios ir pakankamos grupės ieškinio pateikimo ir priėmimo teisme sąlygos.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.

Ever since 1992 UN global conference on Environment and Development (UNCED) in Rio de Janeiro the countries that took part in this global event agreed upon the development of the concept of sustainable development. This latter concept has become the basis and as well the main objective of the international environmental regime, trying to fulfill it to its highest theoretical level. The concept of sustainable development is pointed at the balance of three different spheres: economical, social and environmental, at the same time not prioritizing any of them, thus making sure none of them is superior to others. Considering the main idea of the latter concept it is seen why it has become so important in the years from the day it was presented – today the humanity has to deal with constantly developing environmental problems and their caused aftermaths which have a close link with the globally acknowledged human rights. Such aftermaths infringe the human rights as well as the principles of the common welfare deriving from them, like the right to clean environment, to shelter, to food, to water and, of course, the most fundamental rights of all – the right to health and the right to life. It is important to mention that a number of people that pattern of life is being affected by the actual global environmental problems (such as climate change, water, ground and air pollution, ineffective waste management or naturally or human-caused environmental degradation) is constantly growing and has an increasing tendency to grow unless these problems are effectively addressed internationally. The main objective of this master's work is to determine the specifics of the actual global environmental problems, what international legal instruments cover them, to determine the effectiveness of their regimes and what value they provide towards the creation of the global environmental system that would ensure sustainability in reaching international environmental law solutions. Trying to make sure how the international environmental law instruments and their regimes work the following aspects are reviewed: 1) today's ecological situation in the world, today's ecological problems and what relation they have with the fundamental welfare principles derived from the human rights; 2) theoretical model of sustainable development and the role of the European Union as one of the most ecologically aware actors in the international arena; 3) specifics, efficiency and implementation problems of the international environmental instruments which regulation is addressed to climate change such as United Nations Framework Convention on Climate Change and Kyoto Protocol; 4) regimes of the international waste management (including dry land as well as water, seas and ocean areas), their efficiency, implementation problems and methods addressed to waste prevention; 5) status of ecological refugees – how they are treated and what dangers as well as legal problems they are facing. The hypothesis of this mater's work is as follows: The international solution of the global environmental problems can be ensured implementing today's international environmental legal instruments and together with them ensuring creation of the international sustainable environmental system. Considering the analyzed data and the legal scholars' opinions considered in this work it is seen that the latter hypothesis is not proved out. It is seen that both, implementing international environmental legal instruments and creation of the international sustainable environmental system with the regimes deriving from such instruments, depend on several factors that are primarily related to separate states and their sovereign power. Moreover, while many states (especially the states referred as the third world countries) are not financially strong to consider the possibility to invest a lump sum of money in order to fight environmental problems, there are concerning cases when a bunch of economically strong states is not even considering such behavior – they are simply not willing to lose their economic competitive ability abiding the rules of international environmental legal instruments addressed to prevent certain factors that have a significant footprint in a progress of the environmental problems that are being faced, for example, the case with the climate change and following obligations to reduce emissions. We can see that there is a specific legal vacuum when the states that have previously ratified specific international legal instruments, for example Kyoto Protocol, can even avoid common obligations that other states obligate themselves to follow (for example the case with Russia, Japan and Canada when these countries simply opted out from the second commitment period (2013 to 2020) of the Kyoto Protocol due to strict emission obligations) – such imperative-free option is one of the main reasons why the idea of international sustainable environmental legal system is in a stage of stagnation. Therefore, now we can see that implementation of sustainable development principle is only possible in state and regional level (as common states' initiative, for example, the case of the European Union and its member states). Meanwhile, the global level is considered to be a future objective, a pursuable model of environmental international cooperation which at the given moment is only possible on a theoretical plane.

An origin, an history of an institute of the court's penal order (hereinafter – penal order) (a form of a simplified criminal process'es model), an influence of the European criminal procedure laws on the criminal code of procedure (hereinafter – the CCP) of the Republic of Lithuania is briefly presented within an introduction of the Master's thesis (hereinafter – Thesis). In addition, some principles of legal regulation and the requirements of legal technique (hereinafter – Requirements) are represented. An hypothesis is then formed that legal regulations of the penal order's issuing process (regulated in the CCP of Lithuania) that violate the principles, Requirements raise problems of applying the institute of the penal order. In order to test the hypothesis, a concept of the penal order's issuing process is represented and the most possibly problematic legal regulations identified in the research. Furthermore, there are ascertained which identified legal regulations conflict with the principles, Requirements; proper legal regulations is then proposed to alter or supplement some provisions of the CCP of Lithuania. The structure of the Thesis includes 2 chapters, 4 paragraphs, conclusions and recommendations for the legislator. In the first chapter (the analysis of the concept of the penal order's issuing process), the penal order issuing process, which is similar in whole jurisdictions, is briefly presented highlighting it's essential features. The second chapter consists of 4 paragraphs that provide the identification of the most possibly problematic legal regulations and statements if and why the legislator violated the principles and Requirements. In the first paragraph, a first problem of the applying of the institute of the penal order is analysed, identifying, that an opportunity to misinterpret the Art. 418 (4), 420 (1) of the CCP exists. Considering the fact that an implied, supplementing and extending the explicit legal regulation, legal regulation is not clear to a law applier (in this case – a prosecutor), because it needs to clarify a legislator's will so that he / she would not send investigating materials and a statement of the completion of the process by the penal order's issuing process to a court before this court examins a victim's complaint to that, there are ascertained violations of the principle of clarity and the Requirement that legal regulation shall prevent misinterpreting legal norms. There has been resumed that, in order to ensure a purpose of this legal regulation (a victim's title to appeal a prosecutor's decision on completing the process by the way of the penal order in a court. Consequently, in case of this appeal's outcomes' appearing in favor of the victim, the decision would be announced as ineffective and the prosecutor would lose the right to send investigating materials and the statement of the completion of the process by the penal order's issuing process to the court), the legislator shall clearly (expressis verbis) supplement into the Art. 418 (3) of the CCP a prosecutor's title to apply to a court for issuing a penal order exclusively after a deadline of possibility to implement a victim's right to appeal a prosecutor's decision of completing process by a penal order and a date of receipt of data about not-receiving the appeal from the court, or, in case of receiving it, upon receipt of a copy of the court's decision on the victim's appeal. In the second paragraph, an issue of possibility of misinterpreting the Art. 423 (1), 420 (1), 234 (2) that enables malpractise of removing substantial violations of the CCP in the same manner as unclear case's circumstances, although they are different in nature, is solved. A conclusion was drawn that the problematic legal regulation violates the clarity principle, Requirements that legal norms shall be understandable to the adressees, formulated clearly, simply, there shall be prevented possibility of interpreting them illegaly, because, in case of substantial violations of the CCP, the law applier sees alternative, but not-fulfilling legislator's will, a not-justified way of applying it. It usually applies the Art of 420 (1(2)) (transferring the process from the simplified into the common criminal procedure's model when a judge detects substantial violations of the CCP within case's materials, although the transferring is executed exclusively in case of unclear case's circumstances (the Art. 423 (1), 420 (1(2))), not substantial violations of the CCP, because unclear case's circumstances might be removed in a court, but substantial violations of the CCP might not), 234 (2) of the CCP (returning case's materials then to a prosecutor so that he / she would remove the substantial violations of the CCP), instead of the implicit Art. 234 (2) of the CCP (directly returning case's materials to the prosecutor, without applying the Art of 420 (1(2)) prior (indirectly)). The third paragraph deals with a problem when it is impossible to serve a penal order on the accused in case of his / her hiding and he / she not-having other actors mentioned in the Art. 422 (1) of the CCP. In such a case, the penal order does not acquire legal force, the risk of reaching limitation period becomes large. It is researched whether: 1) in case of participating of a defense attorney in the process, is it possible to serve the penal order on him / her; 2) in case of his / her not-participation, might legal norms, regulating persons' search, be held as implicit, and the term of a defendant's submitting a demand of trying a case in a court be started to count after he / she has been found and with the penal order served; 3) shall a state's institutions' duty to ensure a defendant's title to pick up the penal order on his / her own initiative be held as a better alternative; 4) is a proposal of the Supreme Court of Lithuania to start the counting from the receipt of data about defendant's hiding justified. The findings show the breach of principles of systematic (the legal norms are inconsistent), effectiveness (the most efficient alternative has not been chosen. As the most efficient one shall be held a state's institutions' duty to ensure a defendant's title to pick up the penal order on his / her own initiative. The court could send it him / her per e-mail, mail or leave in the court)), Requirements that legal regulation shall be easily implemented, unsophisticated. In the fourth paragraph, a problem of prohibiting a prosecutor to submit a demand of trying a case in a court according to the common rules of the criminal procedure is tackled. There was concluded that the legislator violated the principles of effectiveness, systematic, the Requirement that legal norms shall be consistent, because the legal regulation is not constitutionally justified, in accordance with it, a prevention of human (a prosecutor's, a judge's) errors is not carried, there are no other opportunities for these subjects to correct those errors, the principle of equality is violated. As a better alternative shall be held allowing a prosecutor to submit a demand of trying a case in a court. As a result, a content of conclusions drawn in the paragraphs are presented. Furthermore, it is resumed that the hypothesis confirmed fully itself. In the recommendations for the legislator, there is suggested to revise the problematic legal regulations, submitted concrete alterations of the CCP.

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.

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.