Suchergebnisse

In recent years there has been some upheaval in Lithuania regarding the liability of health-care institutions and the preservation of patients' rights. This commotion can also be heard in some of the common-law countries. This is so, because not everyone thinks that the rights of the patients are being preserved justly. It is very difficult for the inexperienced in the medical field patient to prove delictual liability of the health-care professional. In Lithuania the patient has to prove four aspects of delictual liability: unlawful actions, causation, fault and harm. In United Kingdom and in the United States, for example, it is similar, the patient must prove that the duty of care was owed, that it was breached and that the breach cost harm (along with causation). But, because it is hard to prove delictual liability, many countries tend to move towards no-fault liability. Lithuania is not an exception, however, talks about no-fault liability for now are only on the recommendation level in the Parliament. Whether it shall be implemented, remains to be seen.

In recent years there has been some upheaval in Lithuania regarding the liability of health-care institutions and the preservation of patients' rights. This commotion can also be heard in some of the common-law countries. This is so, because not everyone thinks that the rights of the patients are being preserved justly. It is very difficult for the inexperienced in the medical field patient to prove delictual liability of the health-care professional. In Lithuania the patient has to prove four aspects of delictual liability: unlawful actions, causation, fault and harm. In United Kingdom and in the United States, for example, it is similar, the patient must prove that the duty of care was owed, that it was breached and that the breach cost harm (along with causation). But, because it is hard to prove delictual liability, many countries tend to move towards no-fault liability. Lithuania is not an exception, however, talks about no-fault liability for now are only on the recommendation level in the Parliament. Whether it shall be implemented, remains to be seen.

In recent years there has been some upheaval in Lithuania regarding the liability of health-care institutions and the preservation of patients' rights. This commotion can also be heard in some of the common-law countries. This is so, because not everyone thinks that the rights of the patients are being preserved justly. It is very difficult for the inexperienced in the medical field patient to prove delictual liability of the health-care professional. In Lithuania the patient has to prove four aspects of delictual liability: unlawful actions, causation, fault and harm. In United Kingdom and in the United States, for example, it is similar, the patient must prove that the duty of care was owed, that it was breached and that the breach cost harm (along with causation). But, because it is hard to prove delictual liability, many countries tend to move towards no-fault liability. Lithuania is not an exception, however, talks about no-fault liability for now are only on the recommendation level in the Parliament. Whether it shall be implemented, remains to be seen.

Bribery is one of the corruptive criminal acts. Criminal liability for this criminal offence is established in article 225 of Criminal Code of Lithuania. In this master's work approach of bribery offence in Criminal Code is revealed by analyzing the configuration of bribery: the subject - matter, the objective part, the subject and the subjective part. Moreover, there is examined history of treatment of bribery offence in Lithuania since 1918 when Lithuania proclaimed its independence. Also this criminal offence is distinguished from other offences against public authority (such as backhander, misuse and bribery of agent) accenting main differences among those criminal offences which all together defines corruption. Furthermore, in this work there is analyzed treatment of bribery in main European Union, Council of Europe and United Nations Organization international documents in which this offence is called passive corruption or passive bribery and which are compulsory for the Republic of Lithuania. In the end, there is reviewed regulation of bribery criminal offence in main criminal laws of foreign countries – Latvia, Estonia, Sweden, France, Germany, United Kingdom, Ireland, United States of America and Canada.

Bribery is one of the corruptive criminal acts. Criminal liability for this criminal offence is established in article 225 of Criminal Code of Lithuania. In this master's work approach of bribery offence in Criminal Code is revealed by analyzing the configuration of bribery: the subject - matter, the objective part, the subject and the subjective part. Moreover, there is examined history of treatment of bribery offence in Lithuania since 1918 when Lithuania proclaimed its independence. Also this criminal offence is distinguished from other offences against public authority (such as backhander, misuse and bribery of agent) accenting main differences among those criminal offences which all together defines corruption. Furthermore, in this work there is analyzed treatment of bribery in main European Union, Council of Europe and United Nations Organization international documents in which this offence is called passive corruption or passive bribery and which are compulsory for the Republic of Lithuania. In the end, there is reviewed regulation of bribery criminal offence in main criminal laws of foreign countries – Latvia, Estonia, Sweden, France, Germany, United Kingdom, Ireland, United States of America and Canada.

Bribery is one of the corruptive criminal acts. Criminal liability for this criminal offence is established in article 225 of Criminal Code of Lithuania. In this master's work approach of bribery offence in Criminal Code is revealed by analyzing the configuration of bribery: the subject - matter, the objective part, the subject and the subjective part. Moreover, there is examined history of treatment of bribery offence in Lithuania since 1918 when Lithuania proclaimed its independence. Also this criminal offence is distinguished from other offences against public authority (such as backhander, misuse and bribery of agent) accenting main differences among those criminal offences which all together defines corruption. Furthermore, in this work there is analyzed treatment of bribery in main European Union, Council of Europe and United Nations Organization international documents in which this offence is called passive corruption or passive bribery and which are compulsory for the Republic of Lithuania. In the end, there is reviewed regulation of bribery criminal offence in main criminal laws of foreign countries – Latvia, Estonia, Sweden, France, Germany, United Kingdom, Ireland, United States of America and Canada.

Bribery is one of the corruptive criminal acts. Criminal liability for this criminal offence is established in article 225 of Criminal Code of Lithuania. In this master's work approach of bribery offence in Criminal Code is revealed by analyzing the configuration of bribery: the subject - matter, the objective part, the subject and the subjective part. Moreover, there is examined history of treatment of bribery offence in Lithuania since 1918 when Lithuania proclaimed its independence. Also this criminal offence is distinguished from other offences against public authority (such as backhander, misuse and bribery of agent) accenting main differences among those criminal offences which all together defines corruption. Furthermore, in this work there is analyzed treatment of bribery in main European Union, Council of Europe and United Nations Organization international documents in which this offence is called passive corruption or passive bribery and which are compulsory for the Republic of Lithuania. In the end, there is reviewed regulation of bribery criminal offence in main criminal laws of foreign countries – Latvia, Estonia, Sweden, France, Germany, United Kingdom, Ireland, United States of America and Canada.

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]

This scientific study is the sequel of works from the Department of Constitutional Law, Faculty of Law at Mykolas Romeris University, aimed at widening the knowledge about constitutions and democratic constitutionalism in the context of comparative constitutional law. It should be noted that after 11 March 1990 the independent Lithuanian state was restored, and no studies about constitutions of other countries or constitutional development experience in Europe and other regions of the world were published. The educational publication "Constitutions of Foreign Countries" was released in order to fill this gap, at least partially. The texts of the constitutions of the French Republic, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland (non-consolidated constitutions), the Finnish Republic, the Estonian Republic, the Latvian Republic, the Polish Republic, the United States of America and the Russian Federation were published within. The texts were translated from the respective foreign languages. Compilers of the publication wrote afterwards that it was sought to present the constitutions in the Lithuanian language which was very important in the awakening of constitutionalism, as well as the constitutions that expressed specific political and legal features in Europe. [.]

An analysis is provided in the paper of foreign privatization practice; the efficiency of such practice is evaluated, and the opportunities and perspectives of its application in Lithuania are discussed. In Chapter 1 of the paper, the general survey is given of privatization of detention facilities in foreign countries; the forms of privatization are introduced. Chapter 2 gives an analysis of the form of the total privatization of prisons which caused numerous discussions and contradictory evaluations and is most popular in the USA and the United Kingdom. The (non)constitutional aspect of the total privatization of detention facilities which is especially underlined in Germany is discussed. Basing on the foreign scientific literature, the efficiency of the implementation of privatization goals of detention facilities in those countries is assessed. In the last chapter, on the basis of foreign practice analysis performed in this work, it is aimed at evaluating the expediency and opportunities for the formation of private detention facilities in Lithuania.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.

In this work is analyzed The 1980 Hague Convention's on the Civil Aspects of International Child Abduction implementation in Lithuanian courts, supplemented by international case law in this area. The first part of the work is to discuss the most important theoretical questions, look at the legal regulation in international, the European Union and national level, the actual procedure questions. The second part of the work is to consider the theoretical and practical analysis of two child abduction cases heard in Lithuanian courts, in particular the priority of children's rights and interests of the principle point of view. In the Rinau case, the decision to return the child to Germany in accordance with legal regulation, international law and legal doctrine, but it is questionable in the light of child's interests. The process protracted, and the girl managed to adapt to the new environment, took a fancy to her mother and brother who lived together. The court failed to consider all the relevant circumstances of the Convention and narrowly interpreted paragraph 1 b of the Article 13 of the Convention. Because of the long-lasted procedure it may have been violated the father's rights under the Article 8 of European Convention on Human Rights and Fundamental Freedoms. The judgement in the Manic case fulfiled actual interests of the child and prevented him from possible psychological trauma determined by return to live in the United Kingdom, but paragraph 1 b of the Article 13 of the Convention may be applied more widely interpreted by the court, nor accepted the case in practice. This decision could lead to legal problems if the child's father succeed to gain child custody in the competent courts of the United Kingdom. The third part of the work is an actual international case law in this area. Especially, the ECHR decisions in cases where, for a protracted return of children under the Convention procedure was violated Article 8 of European Convention on Human Rights and Fundamental Freedoms as well as other cases, which have refused to return children acording to paragraph 1 b of the Article 13, paragraph 2 of the Article 13 and paragraph 2 of Article 12 of the Convention. An examination of the case law, concluded that the decision to return a child under the Convention are not always met his real interests, so some law implementation and interpretation might be replaced by a broader application of the exceptions and take more care of each case analysis of the direction.