Suchergebnisse

This article examines the provisions of the Law of the Republic of Lithuania on Compensation of Damage Resulting from the USSR Occupation (hereinafter -- the Law), which was adopted on 13 June 2000, in the light of customary rules of international law on state responsibility, as codified in the 2001 the UN International Law Commission's Draft Articles on Responsibility of States for Internationally Wrongful Acts (hereinafter -- the ILC Draft Articles). The main aim of the article is to deal with the international legal grounds of the responsibility of the Russian Federation for the Soviet occupation of the Republic of Lithuania and, against this background, to identify the role of the Law. The ground of Russia's responsibility is an internationally wrongful act committed as the aggression against the Republic of Lithuania, which was started by the 15 June 1940 incursion by the Soviet armed forces & subsequently continued in the form of the illegal occupation of Lithuania until the restoration of Lithuania's independence on 11 March 1990, however, the illegal presence of the foreign forces on Lithuania's soil ended only in 1993. The fact of the 1940 Soviet aggression & illegal occupation of the Baltic States has been widely recognized by the international community, it was even acknowledged by the USSR & Russia in 1989-1991. Therefore there is no doubt that under international law from 1940-1990 the Republic of Lithuania had been an occupied State. That is why the illegal occupation with its consequences, as the breach of an international obligation not to resort to aggression having a continuing character, constitutes an objective element of an internationally wrongful act being the ground for Russia's responsibility. That also explains why the title of the Law refers to the occupation. Meanwhile the specific feature of subjective element is addressed in the preamble of the Law. That is the continuity of the Russian State & the corresponding identity of its international legal personality with the Soviet Union, which was claimed by Russia & generally recognized by the international community. Therefore under international law the Russian Federation is the State continuing the rights & obligations of the former USSR (ie., it is the same international legal person). Consequently, internationally wrongful acts of the latter, including the Soviet occupation of Lithuania & the other two Baltic States, should be attributable to the Russian Federation. Apart from the ground for Russia's responsibility, the issue of reparation is addressed in the article. In accordance with international law (the ILC Draft Article), the principle of full reparation should be applied to realize responsibility for an internationally wrongful act. The full reparation for the injury can be provided in the form of restitution, compensation & satisfaction, while any financially assessable damage should be covered by compensation when restitution is not practically possible. Responsibility for the Soviet occupation is the latter case. Therefore in this sense the Law concretizes the claim of Lithuania as it lays down the obligations of the Government of Lithuania to calculate the damage & seek its compensation from Russia. In conformity with the principle of full reparation, the provisions of the Law require to calculate the damage for all period of the Soviet occupation as well as to cover all types of financially assessable damage. The third main issue addressed in this article is admissibility of a claim for reparation, ie., the procedural requirements to be observed by the injured State invoking an international responsibility of other State. The main requirement, as follows from Art. 43 of the ILC Draft Articles, is that the injured State should give a timely & proper notice of its claim to the State responsible for an internationally wrongful act; the claim is admissible when it is waived by the injured State or it can be inadmissible when it is not maintained. However, a mere lapse of time without a claim is being resolved, including delay in its prosecution due to refusal of the respondent State, cannot result in loss of the right of the injured State to invoke responsibility. In this regard the Law is a unilateral act of the State of Lithuania which formulates & concretizes the claim for Russia's responsibility. The form of this act was determined by Lithuanian national rather than international law as the former requires that any compulsory rules or instructions for the Government can be laid down by the Seimas (the Parliament) only in the form of (statutory) law. As it is clear from the preamble of the Law, in continuing & consolidating the previous Lithuanian acts invoking Russia's responsibility the Law demonstrates that the claim for responsibility has been raised without any unreasonable delay a long time ago (the first time Lithuania declared about its claim for reparation in 1991) & Russia is aware of that claim from the very beginning. In such a manner the Law also proves a consistent & unchanging position of Lithuania with regard to Russia's responsibility. Therefore, the Law evidences that the claim of Lithuania remains admissible although still being unresolved & notwithstanding that Russia is rejecting it. Under international law the injured State has the right to waive its claim for responsibility of another State. National law may, however, restrict that right in setting up appropriate duties for the authorities of the injured State. In this regard it follows from the preamble of the Law that under Lithuanian constitutional law no State organ or official can declare a waiver of the claim for Russia's responsibility because the Law is based on & aims at implementation of the corresponding decision by the 14 June 1992 national referendum that demanded to seek reparation for the Soviet occupation. Therefore, the waiver can be declared only by other referendum as well as without a referendum the Seimas cannot abolish the provisions of the Law requiring to seek a compensation (such kind of action could amount to the waiver in the sense of Art. 45(a) of the ILC Draft Articles). To keep the claim for responsibility of another State admissible & valid, when it is being unresolved a long time, the injured State should do everything it can reasonably do to maintain the claim. Otherwise it can be questioned, whether the right to invoke responsibility is lost due to conduct of the injured State in the sense of Art. 45(b) of the ILC Draft Articles. Therefore, to avoid similar doubts the Law obliged the Government to seek constantly the compensation for the damage caused by the Soviet occupation. Since Russia used to reject Lithuania's initiatives to conduct negotiations on the matter & any other way of settlement is not available without Russia's consent, it can be stated that as yet, in particular due to the Law, the conduct of Lithuania has not raised any serious doubts with regard to validity of its claim for compensation. Obviously such doubts would be serious if any kind of moratorium on the claim had been announced. To sum it up, it can be concluded that the Law is based on & is consistent with the rules of international law. It also implements the international legal requirements for the proper declaration & maintenance of the claim for reparation. Therefore both under international law & under Lithuanian constitutional law the Law has been necessary to consolidate & consistently maintain the claim to Russia for the compensation of the damages caused by the Soviet occupation. Lastly, it should be noted that a proper settlement of the problem of Russia's responsibility for the Soviet occupation of Lithuania is not a question of self-interest for Lithuania & it should pursue the claim for compensation not only due to the decision by the 14 June 1992 referendum. Not accidentally Art. 1 of the ILC Draft Articles refers that "every internationally wrongful act of a State entails the international responsibility of that State." It is also not accidentally that the preamble of the 1991 Treaty between Lithuania & Russia states that mutual confidence between the people of both Parties is hard to achieve without elimination of the consequences of the Soviet annexation of Lithuania. Like for national law, rule of law & justice cannot be established without realization & inevitability of responsibility for grave breaches of international law. Therefore the realization of responsibility for the 1940 aggression against the Baltic States & its consequences would undoubtedly contribute to general prevention of such grave breaches as well as would assure that similar tragic events never happen again in the history of Lithuania. Such kind of prevention should be at the focus of attention of the whole international community rather than only Lithuania & the other two Baltic States, since a prohibition of aggression is a long-standing rule of jus cogens character & obligation erga omnes towards international community. Adapted from the source document.

The purpose of this article is to discuss the principle of responsible governance as a basic principle, upon which the Constitutional Court of the Republic of Lithuania has relied in explication of the peculiarities of constitutional status of Member of Parliament. On the basis of analysis of the decision of the Constitutional Court, made on 1 July 2004, this article seeks to reveal the specifics of argumentation of the decisions of Constitutional Court, as well as their impact on legislation. Institutions of constitutional supervision in two post-communist countries (Hungary & Lithuania) are compared with a focus on the causes & reasons of their activism & the legitimacy of such activism. Adapted from the source document.

The article belongs to the scope of pension reforms, however does not analyse different reform models but goes into the base of necessity to reform. The major attention is given to explore different and contradicting interests of pension system's participants. The article claims that to reform pension system means to change the interests of its participants from antagonistic -- which are in PAYG schemes -- to cooperational. The latter can develop among individuals, business and communities only in more free, more flexible and less politically influenced social security system. The conclusion is made that in other case no economic and political means can resolve the inner tension of the pension systems and to achieve its long term viability as well as social value. Adapted from the source document.

The article presents the survey, comparison & evaluation of the concepts of individual & social well-being used in the contemporary social science, with the main attention paid to their value assumptions & problems of measurement. In the neoclassical economics, presently predominant in the economic science, individual well-being is identified with welfare & is defined as satisfaction of informed preferences of an actor. This "welfarist" idea of well-being, accepted also by liberal social philosophy, is consequently subjectivist & formalist. According to the critics of welfarism, this idea is erroneous because it neglects the influence exercised by the production & advertising upon the consumer's desires, & because of its minimalist idea of social welfare, reduced to the concept of Pareto optimum. According to anti-welfarists, the evaluation of well-being should take as its point of departure not individual's wants, but objective human needs, providing the foundation for the substantive (content-rich) concept of well-being as individual's or society's high quality life. However, according to welfarists, the enriching of the idea of "good life" with substance goes hand in hand with the increasing danger of its instrumentalization to legitimate the paternalist suppression of the experiments with the alternative projects of the good life. On the article author's opinion, the reformed welfarist concept of well-being is most acceptable. In this concept, well-being is defined as the satisfaction of agent's informed preferences, which are compatible with her metapreferences. In this definition, values are conceived as wants of wants or metapreferences. Normally, human beings prefer do not have many of those wants, which they have as a matter of fact; they prefer to have some other wants instead of them. Advertising & pop culture do harm for individual well-being inasmuch as they "pollute" agent's wants, "seducing" them to satisfy the wants which they (meta)want do not have. The article closes by advancing a hypothesis, how non-linear character of the relation between the objective & subjective aspects of well-being which was discovered by Ronald F. Inglehart in his research on the value change in the developed countries, could be explained, This hypothesis ex-plains "Inglehart's effect" by the differences in the temporal dynamics & risk of failure characteristic for the consumption & self-realization activities. Adapted from the source document.

This article is unique in that, for the first time, Russian and Soviet social security development in Lithuania is studied comprehensively and systematically, including all major types of social insurance, tracking changes over time and identifying their causes. The article broadly analyzes the social security legislation, publications of Soviet Union and Lithuanian SSR official statistics, presents a national and international analysis and the archival materials revealing how the Lithuanian social security system evolved during the Russian and Soviet rule. The article reveals the structure and ideology of the Soviet social insurance system. In the whole territory of the USSR, the same principles and laws of social insurance were applied. However, in several Soviet republics, for example, Lithuania, some specific elements were observed, which influenced the administrative methods of social security, social insurance, and social support. Adapted from the source document.

Aim of the article is to explore whether existing possibilities to join online political discussions have any politicizing effect on social networks. Politicizing effect is defined both in quantitative & qualitative terms. Internet may enlarge existing networks by providing opportunities to connect to new people & to engage with them in political conversations. Internet may also provide new experiences of political talk, assuming that offline political conversations tend to avoid disagreement, while online communication is better adapted to expression of divergent opinions & discussions. Yet such potential of the Internet to expose people to cross-cutting conversation depends on the motivations of its users. To explore the actual effect of the Internet on politicization of social networks data of representative survey of Lithuanian population is analyzed. Adapted from the source document.

Adapted from the source document.

An unambiguous assessment of the results of changes in the post-communist political regime of Ukraine is hardly possible. The political system of this country has experienced both periods of democratic expectations & democratic setbacks during the last fifteen years. For example, in 1990-1994, before the first competitive parliamentary elections, there was a clear fragmentation among the old (communist) political elite in Ukraine; the country's first democratic constitution was adopted in 1996. However, after Leonid Kuchma was elected President in 1994, authoritarian tendencies gradually recrudesced, "oligarchic" clans took hold of the country's political system, & the elections were increasingly blatantly manipulated & rigged to the advantage of the ruling elite. This cycle of political development recurred ten years later. Manipulations of the results of the 2004 presidential election raised a massive protest among the inhabitants of Ukraine, which was symbolically dubbed the "Orange Revolution." A new influx of democratic expectations forced the ruling elite to concede to re-running the second round of Ukraine's presidential election, which was won by the opposition. However, the political crisis which struck the new government in September 2005 & the mutual accusations of corruption raised by the former "revolutionary" comrades-in-arms -- President Viktor Yushchenko & former Prime Minister Yuliya Tymoshenko -- raised new questions regarding the vitality of the democratic processes in Ukraine. The main question examined in this article is therefore whether the vacillation of Ukraine's political regime is not a regular, permanent condition. Having two main aims -- (1) to construct a theory of Ukraine's post-soviet political transformation, & (2) to disclose the possibilities of democracy consolidation in this country -- the article starts with making some "corrections" to the transitologist approach to regime change. Firstly, it is argued that political transformation theories should have a shared concept of democracy, irrespective of the number or type of the stages of democratization distinguished. The experience of post-communist countries shows that formal procedural democratic criteria are insufficient in order to characterize a political system as democratic. Secondly, traditional theories of regime change focus mostly on the analysis of the behavior of the main political actors (the political elite) & their decisions (agreements). The structural conditions (eg., the characteristics of socio-economic development) should be also included into theoretical thinking about regime change. Thirdly, the analysis of elites & their agreements is sufficiently developed to explain how & when the transition to democracy occurs. However, the democratic consolidation stage has remained somewhat mystified by 'transitologists.' The article argues that an assumption should probably be made that the behavior of political elite factions competing in the political system is always rational & self-interested, ie., democracy (or any other form of political regime) becomes "the only game in town" only if & when it is mostly advantageous for the political elite functioning in that system. Taking into account the above mentioned "corrections" to the transitologist approach, in the article, there is produced a model for analyzing post-soviet regime transformations. The model consists of three main explanatory variables: (1) the structure of political elite, (2) the 'rules of game' prevalent in the system, & (3) the strategies of political elite aiming at gaining business and/or mass support. Consequently, various interrelations of these variables may produce four possible ideal-type outcomes of regime change -- (1) democracy, (2) 'democracy with adjectives,' (3) zero-sum game (a very unstable option when political regime may be temporarily democratic but is at a huge risk of downfall), (4) authoritarianism. In post-soviet countries, it is not enough to examine the structure of political elite & the institutions in order to predict the consolidation of one or another form of political regime. 'Building politicians' "alliances" with business & (or) mobilizing mass support may negate any such predictions & produce additional (regressive, in terms of democratization) impulses to further regime change. The very possibilities of the political elite to form "alliances" with business & (or) to mobilize the masses are mostly determined by the structural characteristics of the country. Thus, the analysis of the latter may not also be omitted in examining post-soviet transitions. Political regime in Ukraine, which beginning of 1990s started evolving as a probable liberal democracy or at least 'democracy with adjectives,' after 1998 Verkhovna Rada elections moved to the situation of the zero-sum game. Such transition was conditioned by two factors. First, the changes within political elite structure -- the communist camp, which occupied an important, although not the most important place in the pluralist political elite structure in 1994-1998, became an anti-systemic political force after the adoption of the 1996 Constitution. For these reasons, only two opposing elite factions (oligarchs-"centrists" vs. national democrats) remained in the political system of Ukraine after the 1998 elections, the ideological confrontation of which was constantly increasing & became particularly acute at the outset of the "Orange Revolution" in 2004. Second, the fact that the business class in Ukraine was forming with the "assistance" of politicians allowed the political elite to build an alliance with business community already in 1994-1996 & maintain these tight clientelist relations even after the privatization period was over. When at the end of 2004 the national democrats gathered mass support & became virtually equal or even more influential than the so-called "centrists," who traditionally draw support from business structures, the zero-sum game in Ukraine became especially acute. Such it remains by now, even after the Orange revolution is over. In more than ten years of independence the business community of Ukraine has consolidated its positions in the Verkhovna Rada & accumulated control over almost all national TV channels & other media outlets, as well as separate industrial regions. Therefore even anti-oligarchically disposed government cannot ignore this power. The ruling elite that cares about its survival & political success is forced to co-ordinate its decisions with the interests of various business clans. On the other hand, since Ukraine's business class consists of several competing clans, any government decisions that seek to limit the political influence of business groups immediately affect the interests of competing business clans. The government cannot remain neutral in principal. Any attempts of the supposed "deoligarchisation" will only result in provoking sharper disagreements between business groups because the curtailment of the positions of one clan will open new prospects for the strengthening of the influence of its competitors. It may be argued that for these reasons there will always be at least one (and, most likely, the strongest one) oligarchic political camp supported by an "alliance" with business. In other words, Ukraine's political regime does not have any chance to be consolidated in the liberal democracy perspective. Another structural characteristic of Ukraine is the politically unorganized working class. At least several competing political forces claim to represent the workers' interests -- the Communist Party of Ukraine, the Socialist Party of Ukraine, & the Progressive Socialist Party of Ukraine. The internal competition among the left-wing forces encourages at least one of them (the Communist Party of Ukraine, the Progressive Socialist Party) to take a radical, anti-systemic position in order that potential supporters may distinguish it from other leftist parties. Therefore, it is likely that the political system of Ukraine will preserve a left-wing segment that will not wield much power but will propagate an anti-systemic ideology without "communicating" with other political forces. Due to its anti-systemic nature it will not be able to participate in the government of the state & the votes of the left-wing voters (comprising the basis for mass support) will probably be collected by the national democrats. This circumstance enables predicting that the zero-sum game will remain very intensive in Ukraine in the future as well. Thus, the permanent instability of the state & both -- democracy & authoritarianism -- in Ukraine (a zero-sum game) may actually be considered to be its consolidated political regime form. Adapted from the source document.

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Adapted from the source document.

The article states that membership in the EU results in the Europeanization of organized interests & learning process, through which three types of interests -- business, labor & public interest groups -- make their decisions on how to extend their lobbying activities to the EU. Europeanization, which stands for the adoption of values, policy styles & knowledge by the EU-based interest community, is viewed as a major source of organizational change in the system of Lithuania's interest groups. On the other hand, the article lists structural, institutional & perceptive factors that move the Lithuanian interest community in the opposite direction. Adapted from the source document.

The article deals with the impact of globalization on social security & social exclusion in Lithuania for the first time in Lithuanian social sciences literature. The article consists of 5 parts: in the first part "globalization risk" & related non-traditional methodology is examined, in the second part the relation between globalization & glocalization is analyzed, in the third part of the article the changes of Lithuanian macrosocial indicators are examined, in the fourth part the role of libertarian ideology & practice for social exclusion development is shown & the fifth part reveals the positive & negative shifts in Lithuanian state social security. The author relies on Lithuanian macrosocial data & tries to prove that parallelly with globalization its antipode -- glocalization -- is thriving in the social processes. Globalization impact on social exclusion may be understood not only in its narrow sense -- as marginalization of different "traditional" social risk groups but also in the wider meaning because globalization is raising risks for many life spheres & even for entire society. Globalization often positively influences the social position of the "winners" & enables their better self-realization. But globalization often negatively influences the situation of the "losers" when they are imprisoned in glocalization for the longer or shorter time without any clear perspectives to rise. Among social security backwardness & the reasons of social exclusion formation were: a) the lack of financial resources, b) accelerating globalization & transformation rates -- when the system could not "develop into deepness" but was forced to chase headlong perfunctory all the time accelerating processes. The strife was followed not against the reasons but against the separate negative social consequences. The preventive activities were very limited, c) the lack of new progressive administrative theories & decisions, d) insufficient development of social policy, social security & social exclusion research, e) frequent confinement of social administration agents on barely theoretical solutions & solving problems "on paper," f) unfavorable international & native influence of ideology & practice of extreme liberalism. The article shows that globalization had influenced the distinctive administrative reforms & measures in Lithuania, which have given controversial results (New Public Management, private pensions funds reform, development of social services). The conclusion is possible to make that characteristic contradiction in Lithuanian social security is between organizational maturity & scarcity of real results after implementation of social security measures. Adapted from the source document.