Suchergebnisse

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

The analysis is being focused on the matters connected with means of forced sale and purchase of shares and its realization. Author excludes five independent means of forced sale and purchase of shares. Forced sale of shares (interest, contribution), forced sale of shares (interest, contribution) due to the failure to exercise the Rights properly, mandatory bid, squeeze-out and sell-out rule. The regulation of institutions mention above in the legal acts of the Republic of Lithuania is sufficient, however the novelty of institutions, the lack of judicial precedents and interpretation of law encouraged author to analyze and interpret the rules of forced sale and purchase of shares that were existing and that still exist. Considering that same means of forced sale and purchase of shares are regulated the legal acts of European Union, applying the historical, systemic, comparison and logical methods the regulation of legal acts of European Union and its implementation in the acts of the Republic of Lithuania is being analyzed. It is tried strictly to exclude every mean of forced sale and purchase of shares and to individualize each. Despite the different level of regulation, author successively discusses conception, signs and principles of every forced sale and purchase of shares. Forced sale of shares (interest, contribution) was being taken from one of the modest civil code of Netherlands and implemented in civil code of the Republic of Lithuania. Exhaustively revealing the procedure of forced sale of shares (interest, contribution) and the existing judicial precedents it is tried to ascertain the most common problem that arise in realization. Urgency of mandatory bid and squeeze-out and sell-out rule is evident. Huge number of changing reglamentation of the instutions mentioned above prove, that previous regulation was not exausive, right and sufficient. The newest edition of Law of Securities come into force just before Master thesis. Author is trying to take an oportunity and to present and to analyze the rules that were implemented in newst edition of law.

The analysis is being focused on the matters connected with means of forced sale and purchase of shares and its realization. Author excludes five independent means of forced sale and purchase of shares. Forced sale of shares (interest, contribution), forced sale of shares (interest, contribution) due to the failure to exercise the Rights properly, mandatory bid, squeeze-out and sell-out rule. The regulation of institutions mention above in the legal acts of the Republic of Lithuania is sufficient, however the novelty of institutions, the lack of judicial precedents and interpretation of law encouraged author to analyze and interpret the rules of forced sale and purchase of shares that were existing and that still exist. Considering that same means of forced sale and purchase of shares are regulated the legal acts of European Union, applying the historical, systemic, comparison and logical methods the regulation of legal acts of European Union and its implementation in the acts of the Republic of Lithuania is being analyzed. It is tried strictly to exclude every mean of forced sale and purchase of shares and to individualize each. Despite the different level of regulation, author successively discusses conception, signs and principles of every forced sale and purchase of shares. Forced sale of shares (interest, contribution) was being taken from one of the modest civil code of Netherlands and implemented in civil code of the Republic of Lithuania. Exhaustively revealing the procedure of forced sale of shares (interest, contribution) and the existing judicial precedents it is tried to ascertain the most common problem that arise in realization. Urgency of mandatory bid and squeeze-out and sell-out rule is evident. Huge number of changing reglamentation of the instutions mentioned above prove, that previous regulation was not exausive, right and sufficient. The newest edition of Law of Securities come into force just before Master thesis. Author is trying to take an oportunity and to present and to analyze the rules that were implemented in newst edition of law.

The analysis is being focused on the matters connected with means of forced sale and purchase of shares and its realization. Author excludes five independent means of forced sale and purchase of shares. Forced sale of shares (interest, contribution), forced sale of shares (interest, contribution) due to the failure to exercise the Rights properly, mandatory bid, squeeze-out and sell-out rule. The regulation of institutions mention above in the legal acts of the Republic of Lithuania is sufficient, however the novelty of institutions, the lack of judicial precedents and interpretation of law encouraged author to analyze and interpret the rules of forced sale and purchase of shares that were existing and that still exist. Considering that same means of forced sale and purchase of shares are regulated the legal acts of European Union, applying the historical, systemic, comparison and logical methods the regulation of legal acts of European Union and its implementation in the acts of the Republic of Lithuania is being analyzed. It is tried strictly to exclude every mean of forced sale and purchase of shares and to individualize each. Despite the different level of regulation, author successively discusses conception, signs and principles of every forced sale and purchase of shares. Forced sale of shares (interest, contribution) was being taken from one of the modest civil code of Netherlands and implemented in civil code of the Republic of Lithuania. Exhaustively revealing the procedure of forced sale of shares (interest, contribution) and the existing judicial precedents it is tried to ascertain the most common problem that arise in realization. Urgency of mandatory bid and squeeze-out and sell-out rule is evident. Huge number of changing reglamentation of the instutions mentioned above prove, that previous regulation was not exausive, right and sufficient. The newest edition of Law of Securities come into force just before Master thesis. Author is trying to take an oportunity and to present and to analyze the rules that were implemented in newst edition of law.

The analysis is being focused on the matters connected with means of forced sale and purchase of shares and its realization. Author excludes five independent means of forced sale and purchase of shares. Forced sale of shares (interest, contribution), forced sale of shares (interest, contribution) due to the failure to exercise the Rights properly, mandatory bid, squeeze-out and sell-out rule. The regulation of institutions mention above in the legal acts of the Republic of Lithuania is sufficient, however the novelty of institutions, the lack of judicial precedents and interpretation of law encouraged author to analyze and interpret the rules of forced sale and purchase of shares that were existing and that still exist. Considering that same means of forced sale and purchase of shares are regulated the legal acts of European Union, applying the historical, systemic, comparison and logical methods the regulation of legal acts of European Union and its implementation in the acts of the Republic of Lithuania is being analyzed. It is tried strictly to exclude every mean of forced sale and purchase of shares and to individualize each. Despite the different level of regulation, author successively discusses conception, signs and principles of every forced sale and purchase of shares. Forced sale of shares (interest, contribution) was being taken from one of the modest civil code of Netherlands and implemented in civil code of the Republic of Lithuania. Exhaustively revealing the procedure of forced sale of shares (interest, contribution) and the existing judicial precedents it is tried to ascertain the most common problem that arise in realization. Urgency of mandatory bid and squeeze-out and sell-out rule is evident. Huge number of changing reglamentation of the instutions mentioned above prove, that previous regulation was not exausive, right and sufficient. The newest edition of Law of Securities come into force just before Master thesis. Author is trying to take an oportunity and to present and to analyze the rules that were implemented in newst edition of law.

In the work author examines the questions, rising from the international area of division of separate states' taxing rights on income from immovable property, business profits, individual activity, dependent personal services and capital; also author explains related legal definitions. The evaluation of concrete maximum withholding tax rates for dividends, interest and royalties, stated in conventions for the avoidance of double taxation, applied in Lithuania, is also discussed. Though the text of conventions, which were ratified in majority states, is almost consentient, however, the global practice shows that sometimes courts read conventions differently. Therefore, in a number of cases of this work it is tried to eliminate obscurities in interpreting the content of particular conventions' provisions. Also those provisions of conventions, which forbid taxpayer to use the treaty for state's tax duties avoidance, are analysed. What is more, the work contains the practical evaluation of states' competent authorities' cooperation opportunities, intended for the implementation of the purposes of conventions for the avoidance of double taxation. For the reason to make analysis more comprehensive, the theme under consideration is sometimes incorporated in the context of national, European Union's law and global practice. It should be noted that the most part of the related questions are discussed by emphasizing the main purposes of conventions for the avoidance of double taxation, especially the aim to eliminate juridical double taxation in international relationship. Furthermore, the author tries to seek law gaps, which are to be eliminated in international agreements on purpose to reach benefits for both taxpayers and tax administration institutions.

In the work author examines the questions, rising from the international area of division of separate states' taxing rights on income from immovable property, business profits, individual activity, dependent personal services and capital; also author explains related legal definitions. The evaluation of concrete maximum withholding tax rates for dividends, interest and royalties, stated in conventions for the avoidance of double taxation, applied in Lithuania, is also discussed. Though the text of conventions, which were ratified in majority states, is almost consentient, however, the global practice shows that sometimes courts read conventions differently. Therefore, in a number of cases of this work it is tried to eliminate obscurities in interpreting the content of particular conventions' provisions. Also those provisions of conventions, which forbid taxpayer to use the treaty for state's tax duties avoidance, are analysed. What is more, the work contains the practical evaluation of states' competent authorities' cooperation opportunities, intended for the implementation of the purposes of conventions for the avoidance of double taxation. For the reason to make analysis more comprehensive, the theme under consideration is sometimes incorporated in the context of national, European Union's law and global practice. It should be noted that the most part of the related questions are discussed by emphasizing the main purposes of conventions for the avoidance of double taxation, especially the aim to eliminate juridical double taxation in international relationship. Furthermore, the author tries to seek law gaps, which are to be eliminated in international agreements on purpose to reach benefits for both taxpayers and tax administration institutions.

This thesis was set out to analyse the application of competition law on unfair pricing related to the abuse of dominant positions in the European Community and the Republic of Lithuania. Firstly, the study gives a definition of unfair pricing and identifies four types of such pricing: excessive pricing, "predatory" pricing, discriminatory pricing and unfair discounts and rebates. Then, it overviews the practice of the European Court of Justice, the European Commission and the Competition Council and the administrative courts of the Republic of Lithuania in hearing cases on unfair pricing. The author then lists the fundamental rules that may help to distinguish between fair and unfair pricing. The third chapter indicates the main problems faced when applying these rules in practice. The last chapter gives an overview of the application of competition law on unfair pricing following Lithuania's accession to the EU. The author also analyses the effectiveness and quality of the implementation of competition policy and presents the fundamental judgements on and interpretations of unfair pricing in relation to the abuse of dominant positions.