Suchergebnisse

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

The work comprises the analysis of similarities and disparities in the field of disciplinary liability in both- the sphere of labour relations and the sphere of civil service. On the grounds of the current legislation- Labour code of the Republic of Lithuania (since the 1st of January 2003) and the Law on the Civil Service (since the year 1999)- this paper tries to draw a clear distinction between these two kinds of legal responsibilities. Otherwise, the other objective of this paper is to try to unveil the similar nature of two legal institutes mentioned above. The work consists of three main parts. The first one is devoted to theoretical legal backgrounds, while the third one is set for the practical application of disciplinary punishments. Afterwards, the ground of legal disciplinary liability is described in the second part of this paper. Some aspects in the field of special liability of specific servants are also mentioned. In conclusion, after reviewing it can be said that legal regulation of disciplinary responsibility of ordinary employees and public officials is almost the same but with some specialties in public sector.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

Problems of Tax Legal Liability The Master thesis "Problems of Tax Liability" is divided and examined for obligation of legal tax problems for its point of aspect, purpose, concept and rising problems thus continuing with ways of solution. For this thesis to be properly revealed a doctrine of law is being examined, Case law of Lithuanian Supreme Court, as well Court of Justice of The European Union's and the European Court of Human Rights, international documents and other legal acts. The first part of it reveals it is purpose, meaning and principles for which they are based on applying liability of Legal Tax. Signs of legal tax liability are being withdrawn and therefore analyzed for its regulated law perspective. To continue, main legal tax liability problems are being analyzed in its purpose and importance in every person for their own liberty of law and as well to ensure their legal interest's applying liability of legal tax. The second part of the thesis distinguishes separate problems of tax legal liability. The following problems are analyzed: application of the limitation period for tax liability; interpretation of tax laws; selection of sanctions for breaches of tax laws and application of the "non bis in idem principle"; the problem of the subjective side of tax liability; the problem of imposing economic sanctions as a means of enforcing liability for breaches of tax law; the fault of the taxpayer. The third part of the thesis provides an analysis of the development of tax legal liability problems before and after the restoration of Lithuania's independence. The problems that the legislature faced at those times, the social and economic situation of the State during different times and the State's impact on emerging liability issues are discussed. This part also analyses problem solving methods, peculiarities of tax reforms carried out by the State, future perspectives on tax liability and their impact.

The subject of this master thesis is the legal institute of full material liability of employees under labor law and the aim is to find out its effectiveness and role in the Lithuanian legal system. After Labor Code entered into force in 2003, it marked a new stage of development of labor relations, which had an impact on certain changes for the legal institute of full material liability. After nearly 10 years since the Code entered into force, it is interesting to look at how full material liability is established and functioning in contemporary labor relations. To analyze effectiveness and role of the legal institute of full material liability, comparative, logical, systemical, historical and analytical methods are used where necessary. In order to archieve the goal set for this master thesis and fulfill the tasks that help to archieve it, master thesis is divided into three main parts. The first part deals with the general issues of legal liability, legal sources and concept of material liability that directly affect the legal institute of full material liability. In the second part laws and other regulations that affect full material liability of employees are reviewed. The third part deals with the cases and research done by the Supreme Court of Lithuania that are related to the object of the master thesis. In the end it is concluded that the legal institute of full material liability that exist in Lithuania is a result of high-quality legislation, which on one hand, is working effectively but on the other – is not popular in terms of its use. It is also concluded that there is a good working relationship between the Lithuanian courts, legal doctrine and law enforcement because there are not many legal conflicts or legal gaps. Finally it is stated that the full material liability of executives of entities in Lithuania is not fully tuned, a bit confounding and harder to apply in general, so instead the unification of current regulatory status is proposed.

The subject of this master thesis is the legal institute of full material liability of employees under labor law and the aim is to find out its effectiveness and role in the Lithuanian legal system. After Labor Code entered into force in 2003, it marked a new stage of development of labor relations, which had an impact on certain changes for the legal institute of full material liability. After nearly 10 years since the Code entered into force, it is interesting to look at how full material liability is established and functioning in contemporary labor relations. To analyze effectiveness and role of the legal institute of full material liability, comparative, logical, systemical, historical and analytical methods are used where necessary. In order to archieve the goal set for this master thesis and fulfill the tasks that help to archieve it, master thesis is divided into three main parts. The first part deals with the general issues of legal liability, legal sources and concept of material liability that directly affect the legal institute of full material liability. In the second part laws and other regulations that affect full material liability of employees are reviewed. The third part deals with the cases and research done by the Supreme Court of Lithuania that are related to the object of the master thesis. In the end it is concluded that the legal institute of full material liability that exist in Lithuania is a result of high-quality legislation, which on one hand, is working effectively but on the other – is not popular in terms of its use. It is also concluded that there is a good working relationship between the Lithuanian courts, legal doctrine and law enforcement because there are not many legal conflicts or legal gaps. Finally it is stated that the full material liability of executives of entities in Lithuania is not fully tuned, a bit confounding and harder to apply in general, so instead the unification of current regulatory status is proposed.

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.

This paper addresses the concept of international trafficking in human beings in the international and EU legislation and reveals, how the concept had changed over time. It also analyses the evolution of the legal rule of trafficking in human beings, since its very adoption in the criminal law to the currently applicable legal rule, as well as assesses its compliance with the international and EU legal rule, and proposes certain improvements thereto. Objective and subjective characteristics of trafficking in human beings and characteristics constituting body of the crime, as provided for in Article 147 of the Criminal Code, are discussed in the second part of the analysis with a focus on recent changes to Article 147 of the Criminal Code. The author provides some insights into the difficulties related to application of the said legal rule and considers a few examples from the case-law. The last part of the thesis examines the connection of trafficking in human beings to other criminal offenses, namely, profiting from another person's prostitution, exploiting another person for forced labour or services, using another person's forced labour or services, etc. Lastly, the conclusions and suggestions for improvement of the regulatory framework are presented.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.

Every European country has its own system of tort law, but it should be considered that the main systems are French, German, English and Scandinavian, which are discussed in this paper. Lithuanian tort law system, which is mainly based on French approach, is also researched. In these days different fields of law are being harmonized, and tort law was not left aside. Separate questions already are harmonized in treaties and acts of European Union. Present harmonization is fragmentary, therefore insufficient in most scholars' view. In this paper, presuppositions of further harmonization and arguments for and against necessity of harmonisation of tort law are analysed and evaluations of different attitudes are given. Despite disagreements for demand of harmonized tort law, some significant projects of harmonisation of tort law have been implemented at scholarly level: a project of European Civil Code is almost finished, Principles of European Tort Law have been introduced, scholars also work on Trento Common Core Project. In this paper, the main attention is paid for the first two projects because the participants of these projects have prepared important documents, which include all the essential aspects of tort law, thus these documents could become a basis for harmonized European tort law. The legal rules of Principles of European Tort Law and European Civil Code are being compared with the legal systems of aforesaid states – England, Germany, France and, of course, Lithuania. The influence of the main legal systems of tort law for these projects is researched, the decisions of both projects, their advantages and disadvantages are dealt. All these aspects are revealed by analysing the main conceptions of conditions of liability (fault and unlawfulness, causation, damage) in different legal systems and in projects harmonizing tort law. At the end of the paper, specifics of practical implementation of the harmonizing projects is dealt.