Taxation of Options in Lithuania: a Comparison with Other OECD States The author of this master thesis analyzes the taxation of employee stock options in Lithuania and three OECD countries: United States of America, United Kingdom and Germany. At the beginning of the thesis, the concept and purpose of the stock options as a form of employee financial participation are discussed and the types of employee stock options are identified. Later on, author explains the main aspects of taxation of employee stock options and distinguishes practically arising taxation issues. International double taxation is identified as one of the most problematic issues that countries encounter in the respect of the taxation of employee stock options. However, author seeks to find and name possible solutions for the avoidance of double taxation and analyzes the Double Taxation Avoidance Agreement between Lithuania and Latvia. The taxation of employee stock options in this thesis is examined from the perspective of both employee and the employer. In the context of Lithuanian tax law, the taxation of employee stock options is assessed in terms of income, social insurance and compulsory health insurance taxes, as well as the procedure for calculating and declaring the aforementioned taxes. In the context of foreign countries, author studies the legal requirements for stock option grant and the taxation of stock options. Finally, author compares the taxation of stock options in Lithuania, United States of America, United Kingdom and Germany and evaluates Lithuanian tax environment regarding employee stock options. In the conclusion, a few possible improvements for the tax legislation are proposed.
Taxation of Options in Lithuania: a Comparison with Other OECD States The author of this master thesis analyzes the taxation of employee stock options in Lithuania and three OECD countries: United States of America, United Kingdom and Germany. At the beginning of the thesis, the concept and purpose of the stock options as a form of employee financial participation are discussed and the types of employee stock options are identified. Later on, author explains the main aspects of taxation of employee stock options and distinguishes practically arising taxation issues. International double taxation is identified as one of the most problematic issues that countries encounter in the respect of the taxation of employee stock options. However, author seeks to find and name possible solutions for the avoidance of double taxation and analyzes the Double Taxation Avoidance Agreement between Lithuania and Latvia. The taxation of employee stock options in this thesis is examined from the perspective of both employee and the employer. In the context of Lithuanian tax law, the taxation of employee stock options is assessed in terms of income, social insurance and compulsory health insurance taxes, as well as the procedure for calculating and declaring the aforementioned taxes. In the context of foreign countries, author studies the legal requirements for stock option grant and the taxation of stock options. Finally, author compares the taxation of stock options in Lithuania, United States of America, United Kingdom and Germany and evaluates Lithuanian tax environment regarding employee stock options. In the conclusion, a few possible improvements for the tax legislation are proposed.
Taxation of Options in Lithuania: a Comparison with Other OECD States The author of this master thesis analyzes the taxation of employee stock options in Lithuania and three OECD countries: United States of America, United Kingdom and Germany. At the beginning of the thesis, the concept and purpose of the stock options as a form of employee financial participation are discussed and the types of employee stock options are identified. Later on, author explains the main aspects of taxation of employee stock options and distinguishes practically arising taxation issues. International double taxation is identified as one of the most problematic issues that countries encounter in the respect of the taxation of employee stock options. However, author seeks to find and name possible solutions for the avoidance of double taxation and analyzes the Double Taxation Avoidance Agreement between Lithuania and Latvia. The taxation of employee stock options in this thesis is examined from the perspective of both employee and the employer. In the context of Lithuanian tax law, the taxation of employee stock options is assessed in terms of income, social insurance and compulsory health insurance taxes, as well as the procedure for calculating and declaring the aforementioned taxes. In the context of foreign countries, author studies the legal requirements for stock option grant and the taxation of stock options. Finally, author compares the taxation of stock options in Lithuania, United States of America, United Kingdom and Germany and evaluates Lithuanian tax environment regarding employee stock options. In the conclusion, a few possible improvements for the tax legislation are proposed.
Taxation of Options in Lithuania: a Comparison with Other OECD States The author of this master thesis analyzes the taxation of employee stock options in Lithuania and three OECD countries: United States of America, United Kingdom and Germany. At the beginning of the thesis, the concept and purpose of the stock options as a form of employee financial participation are discussed and the types of employee stock options are identified. Later on, author explains the main aspects of taxation of employee stock options and distinguishes practically arising taxation issues. International double taxation is identified as one of the most problematic issues that countries encounter in the respect of the taxation of employee stock options. However, author seeks to find and name possible solutions for the avoidance of double taxation and analyzes the Double Taxation Avoidance Agreement between Lithuania and Latvia. The taxation of employee stock options in this thesis is examined from the perspective of both employee and the employer. In the context of Lithuanian tax law, the taxation of employee stock options is assessed in terms of income, social insurance and compulsory health insurance taxes, as well as the procedure for calculating and declaring the aforementioned taxes. In the context of foreign countries, author studies the legal requirements for stock option grant and the taxation of stock options. Finally, author compares the taxation of stock options in Lithuania, United States of America, United Kingdom and Germany and evaluates Lithuanian tax environment regarding employee stock options. In the conclusion, a few possible improvements for the tax legislation are proposed.
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.
In this MA final thesis the author has analyzed and evaluated implementation of tooth decay prophylaxis in the context of Lithuanian health policy and provided possible solution methods. In the first, second and third parts the author analyzes current situation of tooth decay occurrence and intensity in Lithuania, she also analyzes legal acts that regulate mouth cavity health in the context of Lithuanian health policy and provides an analysis of implementation of tooth decay prophylaxis programmes. The fourth part contains overview and analysis of opinions of tooth decay prophylaxis implementers / mouth cavity care specialists as well as patients on the implemented tooth decay prophylaxis and its treatment.
In this MA final thesis the author has analyzed and evaluated implementation of tooth decay prophylaxis in the context of Lithuanian health policy and provided possible solution methods. In the first, second and third parts the author analyzes current situation of tooth decay occurrence and intensity in Lithuania, she also analyzes legal acts that regulate mouth cavity health in the context of Lithuanian health policy and provides an analysis of implementation of tooth decay prophylaxis programmes. The fourth part contains overview and analysis of opinions of tooth decay prophylaxis implementers / mouth cavity care specialists as well as patients on the implemented tooth decay prophylaxis and its treatment.
The article analyzes the legal concept of tax evasion and its equivalents in the system of special part of criminal legislation. The author, emphasizing subsidiarity of criminal law in relation with the tax law, assesses the quality and consistency of relevant norms of criminal code, rationality of criteria to criminalize various forms of tax evasion, discusses the ways to improve the legal regulation, draws attention to the issues of qualification of tax offenses illustrating his conclusions by reference to the relevant precedents of the Court of Cassation. The author draws attention to the lack of Criminal Code regulation, which by misunderstanding uses the notion of tax avoidance instead of tax evasion, while in the Code there is a whole chaotic set of tax evasion corresponding norms, which are scattered in different sections. This collection contains both the articles set out in the chapter of offenses against financial system (Chapter XXXII) and the articles defining offences against property, property rights and property interests (Chapter XXVIII), as well as offences against the economy and business (Chapter XXXI). The basic idea of the presented research is that the application of criminal liability for tax violations and their delimitation from non-criminal activity of tax payers must be based on classification of tax burden reduction adopted in the tax law. In other terms, the criminal justice must be able to distinguish between tax optimization, tax avoidance and tax evasion, as well as to ensure that criminal liability would be applied only for the illegal tax burden reduction which corresponds to the concept of tax evasion. Very important are also criterions of delimitation of the criminal and administrative liability for tax evasion, paying special attention to their clarity and rationality. The author is critical of the existing criminal legal regulation, according to which offences corresponding to the concept of tax evasion are scattered in different chapters of criminal legislation, are not compatible with each other and based on different legal logic. The author criticizes also the provision of article 220 of Criminal Code under which € 380 evasion is sufficient to result in criminal liability. According to the author, this size should be 25 times higher, while the existing criterion is inconsistent with the Code of Administrative Offenses. The author also criticizes part 1 of article 202 of Criminal Code, which establishes the criteria of criminal liability for illegal economic activities, one of them (entrepreneurial way) is very vague and naturally inherent in any business. This complicates the issue of criminal and administrative responsibility delimitation and creates favorable conditions to carry redundant criminal proceedings for minor violations. The article critically evaluates also the norms on deceptive and negligent accounting, in which the criteria of criminalization are extremely abstract. The author also advocates the need for a total decriminalization of negligent accounting as incompatible with the purposes of criminal legislation. The article also criticizes the definition of illicit enrichment which lacks the legal logic and rationality. According to the author, the criminality of illicit enrichment (art. 189(1) of CC) should not be associated with the value of the assets held, but to the value of concealed income from such assets are acquired. The article expresses the idea that criminal punishability of all tax evasion offenses must lead to the same criteria – the value of concealed or attempted to conceal taxes and income. All such tax evasion norms should be included into the financial crimes section of criminal legislation.
The article analyzes the legal concept of tax evasion and its equivalents in the system of special part of criminal legislation. The author, emphasizing subsidiarity of criminal law in relation with the tax law, assesses the quality and consistency of relevant norms of criminal code, rationality of criteria to criminalize various forms of tax evasion, discusses the ways to improve the legal regulation, draws attention to the issues of qualification of tax offenses illustrating his conclusions by reference to the relevant precedents of the Court of Cassation. The author draws attention to the lack of Criminal Code regulation, which by misunderstanding uses the notion of tax avoidance instead of tax evasion, while in the Code there is a whole chaotic set of tax evasion corresponding norms, which are scattered in different sections. This collection contains both the articles set out in the chapter of offenses against financial system (Chapter XXXII) and the articles defining offences against property, property rights and property interests (Chapter XXVIII), as well as offences against the economy and business (Chapter XXXI). The basic idea of the presented research is that the application of criminal liability for tax violations and their delimitation from non-criminal activity of tax payers must be based on classification of tax burden reduction adopted in the tax law. In other terms, the criminal justice must be able to distinguish between tax optimization, tax avoidance and tax evasion, as well as to ensure that criminal liability would be applied only for the illegal tax burden reduction which corresponds to the concept of tax evasion. Very important are also criterions of delimitation of the criminal and administrative liability for tax evasion, paying special attention to their clarity and rationality. The author is critical of the existing criminal legal regulation, according to which offences corresponding to the concept of tax evasion are scattered in different chapters of criminal legislation, are not compatible with each other and based on different legal logic. The author criticizes also the provision of article 220 of Criminal Code under which € 380 evasion is sufficient to result in criminal liability. According to the author, this size should be 25 times higher, while the existing criterion is inconsistent with the Code of Administrative Offenses. The author also criticizes part 1 of article 202 of Criminal Code, which establishes the criteria of criminal liability for illegal economic activities, one of them (entrepreneurial way) is very vague and naturally inherent in any business. This complicates the issue of criminal and administrative responsibility delimitation and creates favorable conditions to carry redundant criminal proceedings for minor violations. The article critically evaluates also the norms on deceptive and negligent accounting, in which the criteria of criminalization are extremely abstract. The author also advocates the need for a total decriminalization of negligent accounting as incompatible with the purposes of criminal legislation. The article also criticizes the definition of illicit enrichment which lacks the legal logic and rationality. According to the author, the criminality of illicit enrichment (art. 189(1) of CC) should not be associated with the value of the assets held, but to the value of concealed income from such assets are acquired. The article expresses the idea that criminal punishability of all tax evasion offenses must lead to the same criteria – the value of concealed or attempted to conceal taxes and income. All such tax evasion norms should be included into the financial crimes section of criminal legislation.
The author of the dissertation "Effect of the European Union Directives: Aspects of Ensuring the Principle of Legal Certainty" analyses the doctrines of the effect of EU directives formulated by the Court of Justice of the European Union, identifies problems of their application in national court proceedings and provides suggestions regarding alternative regulation of the effect of directives. The research analyses the compliance of the rules on the effect of EU directives with the formal (predictability) and material (acceptability) aspects of legal certainty. The author carries out also an evaluation of the compliance of the norms of the Lithuanian civil and administrative procedure that are significant for ensuring the effectiveness of directives in national courts with the principle of legal certainty. The author arrives at a conclusion that the existing legal regulation may cause violations of the principle of legal certainty and provides suggestions for its improvement. In order to find out whether the effectiveness of the directives is ensured in national court proceedings, the case-law of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania in applying the rules of the effect of EU directives is investigated.
The author of the dissertation "Effect of the European Union Directives: Aspects of Ensuring the Principle of Legal Certainty" analyses the doctrines of the effect of EU directives formulated by the Court of Justice of the European Union, identifies problems of their application in national court proceedings and provides suggestions regarding alternative regulation of the effect of directives. The research analyses the compliance of the rules on the effect of EU directives with the formal (predictability) and material (acceptability) aspects of legal certainty. The author carries out also an evaluation of the compliance of the norms of the Lithuanian civil and administrative procedure that are significant for ensuring the effectiveness of directives in national courts with the principle of legal certainty. The author arrives at a conclusion that the existing legal regulation may cause violations of the principle of legal certainty and provides suggestions for its improvement. In order to find out whether the effectiveness of the directives is ensured in national court proceedings, the case-law of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania in applying the rules of the effect of EU directives is investigated.
