This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
This article analyses one element of corpus delicti of misappropriation of authorship, criminalised in Lithuanian Criminal Code Article 191 – the object (or the protected good) of a crime. The quality of Lithuanian national regulation and the scope of object of misappropriation of authorship, which affects the qualification of the crime, is evaluated by comparing it with other European Union countries' criminal legal regulation of intellectual property.
In this final thesis author analyses problematic aspects of legitimate interest as a lawful basis for processing personal data, its conditions of legitimacy and proper application in practice. Therefore, author analyses the purpose of the legitimate interest, the essential conditions of legitimacy for this lawful basis and its exclusivity from other lawful bases for the processing of personal data. Moreover, author provides a definition of legitimate interest as a lawful basis for processing of personal data. Author analyses stages of the assessment of legitimate interests, the most important evaluation criterions and the practical significance of the results. Also, the author presents relevant case law and examines hypothetical situations, reveals the significance of the necessity and the close connection with the principle of data minimization, the meaning of the balancing test and the proportionality of the impact on the legitimate interests and fundamental rights and freedoms of data subjects. In this final thesis legitimate interest was compared with other lawful bases for the processing of personal data in order to reveal the advantages and disadvantages of legitimate interest. Lastly, in this final thesis author presents other insights into the shortcomings of the legitimate interest as a lawful basis, which could have practical implications for data controllers, who are choosing to process personal data on this lawful basis, and for legislators when considering legislative amendments or new legislation.
In this final thesis author analyses problematic aspects of legitimate interest as a lawful basis for processing personal data, its conditions of legitimacy and proper application in practice. Therefore, author analyses the purpose of the legitimate interest, the essential conditions of legitimacy for this lawful basis and its exclusivity from other lawful bases for the processing of personal data. Moreover, author provides a definition of legitimate interest as a lawful basis for processing of personal data. Author analyses stages of the assessment of legitimate interests, the most important evaluation criterions and the practical significance of the results. Also, the author presents relevant case law and examines hypothetical situations, reveals the significance of the necessity and the close connection with the principle of data minimization, the meaning of the balancing test and the proportionality of the impact on the legitimate interests and fundamental rights and freedoms of data subjects. In this final thesis legitimate interest was compared with other lawful bases for the processing of personal data in order to reveal the advantages and disadvantages of legitimate interest. Lastly, in this final thesis author presents other insights into the shortcomings of the legitimate interest as a lawful basis, which could have practical implications for data controllers, who are choosing to process personal data on this lawful basis, and for legislators when considering legislative amendments or new legislation.
This thesis analyses determinants that have influence on Venture Capital (VC) activity in Europe. Majority of previous researches used Jeng and Wells (2000) model, where VC demand (Investments) and supply (Raised Fund) side were tested, this model was applied to this research as well. The panel data analysis with fixed and random effects of 22 European countries period 2008 - 2018 was used for this paper and model was improved by introducing 18 new factors together with 9 selected from previous studies. Results revealed that fixed effects model were more appropriate to use in this research. Investment model revealed 9 significant factors: positive impact with GDP, Export, Starting Business, Scientific legislation and negative with 10Y Government bonds, FDI, Internet use, Patents and Protectionism. While Fund Raised model observed 5 significant determinants: positive connection with FDI and Corruption, while negative with Science employees, Patents and Corporate Tax. In previous studies variables were categorized in three sectors: macroeconomic, entrepreneurial and technological (Prohorovs & Pavlyuk, 2013). This model was improved by combining factors into the four sectors including also institutional sector. As a result 4 hypotheses were tested. 3 hypotheses find supported: Macroeconomic, Technological and Institutional variables had an effect on VC activity in European countries. Though, 1 hypothesis was rejected: Entrepreneurial variables did not have effect on European VC activity. These results highlight the importance of Macroeconomic, Technological and Institutional variables in Europe, while selected Entrepreneurial factors did not revealed significant impact (22 486 words).
This thesis analyses determinants that have influence on Venture Capital (VC) activity in Europe. Majority of previous researches used Jeng and Wells (2000) model, where VC demand (Investments) and supply (Raised Fund) side were tested, this model was applied to this research as well. The panel data analysis with fixed and random effects of 22 European countries period 2008 - 2018 was used for this paper and model was improved by introducing 18 new factors together with 9 selected from previous studies. Results revealed that fixed effects model were more appropriate to use in this research. Investment model revealed 9 significant factors: positive impact with GDP, Export, Starting Business, Scientific legislation and negative with 10Y Government bonds, FDI, Internet use, Patents and Protectionism. While Fund Raised model observed 5 significant determinants: positive connection with FDI and Corruption, while negative with Science employees, Patents and Corporate Tax. In previous studies variables were categorized in three sectors: macroeconomic, entrepreneurial and technological (Prohorovs & Pavlyuk, 2013). This model was improved by combining factors into the four sectors including also institutional sector. As a result 4 hypotheses were tested. 3 hypotheses find supported: Macroeconomic, Technological and Institutional variables had an effect on VC activity in European countries. Though, 1 hypothesis was rejected: Entrepreneurial variables did not have effect on European VC activity. These results highlight the importance of Macroeconomic, Technological and Institutional variables in Europe, while selected Entrepreneurial factors did not revealed significant impact (22 486 words).
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
The author of the dissertation "Peculiarities of Legal Regulation of Customs Duties in International Trade between the European Union and the People's Republic of China, the Russian Federation and the Republic of India" investigates the legal regulation of customs duties (tariffs) as the main instrument of regulating the international trade in the EU and the peculiarities of its application towards the third countries of the BRICS region, as the leading international trade partners of the EU. In this context, the author uses thematic analysis method and investigates the emerging practice of the international dispute settlement bodies (WTO), the Court of Justice of the EU and national courts (Supreme Administrative Court of Lithuania) in the legal disputes concerning the application of customs duties towards the investigated countries. Based on this analysis, the author identifies the problems of legal regulation of customs duties and other related import taxes arising both at the international/multilateral level, the supranational level as well as at the national level and suggests their solutions, relevant to the EU and its Member States (the Republic of Lithuania). By formulating these proposals, the author takes into account the necessity (which was evidenced by the study data), to eliminate the identified gaps and uncertainties of EU customs law, as well as to ensure the compliance of national practices and legal regulations with the provisions of the EU customs policy.
The author of the dissertation "Peculiarities of Legal Regulation of Customs Duties in International Trade between the European Union and the People's Republic of China, the Russian Federation and the Republic of India" investigates the legal regulation of customs duties (tariffs) as the main instrument of regulating the international trade in the EU and the peculiarities of its application towards the third countries of the BRICS region, as the leading international trade partners of the EU. In this context, the author uses thematic analysis method and investigates the emerging practice of the international dispute settlement bodies (WTO), the Court of Justice of the EU and national courts (Supreme Administrative Court of Lithuania) in the legal disputes concerning the application of customs duties towards the investigated countries. Based on this analysis, the author identifies the problems of legal regulation of customs duties and other related import taxes arising both at the international/multilateral level, the supranational level as well as at the national level and suggests their solutions, relevant to the EU and its Member States (the Republic of Lithuania). By formulating these proposals, the author takes into account the necessity (which was evidenced by the study data), to eliminate the identified gaps and uncertainties of EU customs law, as well as to ensure the compliance of national practices and legal regulations with the provisions of the EU customs policy.
The Master's thesis assesses the professional development policy of nursing professionals in Lithuania. Theoretical aspects ofp rofessional qualification improvement are discussed: the concepts of competence and qualification, components of competence of nursing professionals are defined, continuing professional development in the context of lifelong learning is analyzed. The thesis also examines the human resource management, focused on the effectiveness of professional development, and assessment of competencies. The paper also analyzes the legal acts, regulating professional development of nurses in Lithuania. In order to assess the opinion of nursing professionals on the effectiveness of the compulsory qualification system in the human resource development strategy, a quantitative research – questionnaire survey – was carried out. SPSS 22 was used to analyze the research data. Conclusions and practical recommendations are presented at the end of the thesis.
The Master's thesis assesses the professional development policy of nursing professionals in Lithuania. Theoretical aspects ofp rofessional qualification improvement are discussed: the concepts of competence and qualification, components of competence of nursing professionals are defined, continuing professional development in the context of lifelong learning is analyzed. The thesis also examines the human resource management, focused on the effectiveness of professional development, and assessment of competencies. The paper also analyzes the legal acts, regulating professional development of nurses in Lithuania. In order to assess the opinion of nursing professionals on the effectiveness of the compulsory qualification system in the human resource development strategy, a quantitative research – questionnaire survey – was carried out. SPSS 22 was used to analyze the research data. Conclusions and practical recommendations are presented at the end of the thesis.
The purpose of the research - to reveal the theoretical basics of mediation - as a way of solving business disputes - and peculiarities of its application. In order to fully disclose the chosen research subject, it was decided to analyze the fundamental features of business dispute mediation and the concept of business disputes. The author of the dissertation seeks to answer the question of why the Lithuanian legal system should make some room for a business dispute mediation? The dissertation deals with the investigation of the peculiarities of mediation in when a different category dispute is being resolved, mediation in the resolution of international commercial disputes and business mediation characteristics in other countries. The conceptions of the mediation agreement as a contractual basis of business dispute mediation as well as the agreement over the heart of the dispute are discussed. The dissertation presents the results of quantitative research on the peculiarities of mediation its application in business carried out by the author. Finally, the development concept of business dispute mediation in the Republic of Lithuania, proposed by the author of the dissertation, is presented.
