Suchergebnisse

Object.To investigate the flow of patients and nurses' workload ratio emergency section. Tasks. 1. Analise patient flow patterns change day period LSMU KK emergency departament. 2. Identify patient flow patterns change weekly.3. Compare flow changes in patients with nurses working hours per day during the period. Research methods. A retrospective analysis of patients flow was made analysis LSMU KK emergency section 01.01.2016 - 01.01.2017 calendar year. Also nurses work schedules are analysed in the same period. The obtained data were processed using SPSS 20.0 software package for Microsoft Office Excel 2010 program. The comparative analysis of the literature data, luginantto same type of work in the emergency department of the European Union. Results. The minimum number of patients served per day by the hour set from 4:00 to 7:00. - an average of 2 patients per hour., The highest from 12:00 to 12:59 hours. - an average of 12 patients per hour. The analysis of patient flows within a week minimum set of patients served Wednesdays - an average of 157 patients, the largest lead times - an average of 182 patients. Patient flow-month periods are different.The minimum number of patients served per day is in January - an average of 155 patients, the highest in July and August - an average of 181 patients. A comparison of patient-nurses ratio found that from 2 to 4 times there were more nurses than the patients from 0:00 to 8:59 min. From 22:00 to 12:00 min. and from 10:00 to 21:59 there was 1.2 more patients than nurses. Conclusions. 1.LSMU KK ED serves the average of 170 patients per day. Individual daily hours of patient flow changes. Minimum average quantity of patients are served from 0:00 to 7:00., The maximum average day flow of patients is from 10:00 to 20:00.2. Separately weekdays patient flow is different. Minimum patient flow points on Wednesday - average of 157 patients, the highest is on Monday - 181 patients. 3. Nurse - patient relationship (work intensity) significant changes in all analyzed in daily hours. From 0:00 to 8:59 min. nurses - patient ratio is 2-4: 1, from 22:00 to 0:00 min. 1.2: 1.All the other hours the ratio is 1: 1.2-1.5. The results show that nurses who work from 9:00 to 21:59 have significantly higher workload (1.2 - by 1.5 times) compared to nurses working from 22:00 to 8:59. Recommendations. In assessing the uneven distribution between patients and nurses during the day can be changed by adjusting the distribution of nurses' schedules. From 0:00 to 7:00 there should be smaller amount of nurses than it is at the moment, but it is recommended to increase the amount of nurses from 10:00 to 22:00.

Object.To investigate the flow of patients and nurses' workload ratio emergency section. Tasks. 1. Analise patient flow patterns change day period LSMU KK emergency departament. 2. Identify patient flow patterns change weekly.3. Compare flow changes in patients with nurses working hours per day during the period. Research methods. A retrospective analysis of patients flow was made analysis LSMU KK emergency section 01.01.2016 - 01.01.2017 calendar year. Also nurses work schedules are analysed in the same period. The obtained data were processed using SPSS 20.0 software package for Microsoft Office Excel 2010 program. The comparative analysis of the literature data, luginantto same type of work in the emergency department of the European Union. Results. The minimum number of patients served per day by the hour set from 4:00 to 7:00. - an average of 2 patients per hour., The highest from 12:00 to 12:59 hours. - an average of 12 patients per hour. The analysis of patient flows within a week minimum set of patients served Wednesdays - an average of 157 patients, the largest lead times - an average of 182 patients. Patient flow-month periods are different.The minimum number of patients served per day is in January - an average of 155 patients, the highest in July and August - an average of 181 patients. A comparison of patient-nurses ratio found that from 2 to 4 times there were more nurses than the patients from 0:00 to 8:59 min. From 22:00 to 12:00 min. and from 10:00 to 21:59 there was 1.2 more patients than nurses. Conclusions. 1.LSMU KK ED serves the average of 170 patients per day. Individual daily hours of patient flow changes. Minimum average quantity of patients are served from 0:00 to 7:00., The maximum average day flow of patients is from 10:00 to 20:00.2. Separately weekdays patient flow is different. Minimum patient flow points on Wednesday - average of 157 patients, the highest is on Monday - 181 patients. 3. Nurse - patient relationship (work intensity) significant changes in all analyzed in daily hours. From 0:00 to 8:59 min. nurses - patient ratio is 2-4: 1, from 22:00 to 0:00 min. 1.2: 1.All the other hours the ratio is 1: 1.2-1.5. The results show that nurses who work from 9:00 to 21:59 have significantly higher workload (1.2 - by 1.5 times) compared to nurses working from 22:00 to 8:59. Recommendations. In assessing the uneven distribution between patients and nurses during the day can be changed by adjusting the distribution of nurses' schedules. From 0:00 to 7:00 there should be smaller amount of nurses than it is at the moment, but it is recommended to increase the amount of nurses from 10:00 to 22:00.

In doctoral thesis "The limits of judicial commercial contracts content control" the author analyses the grounds of judicial control of commercial contract content executed in order to ensure the balance of parties' rights and obligations, as well, the criteria limiting such control, defined in legislation, case law, soft law and other documents. The author analyses the conception of commercial contractual relations, as well, the conception of businessman and weaker party of commercial contractual relation, different approaches towards such judicial control defined in contract law theories. The research includes three instruments of commercial contractual content control used in cases of ensuring the balance of interests chosen by the author – reduction of penalties, gross disparity and unfair contract terms control. After the conclusion that some of the national Lithuanian legislation and rules defined in case law can violate the principles of legal certainty and predictability, the author provides several suggestions for the improvement.

In doctoral thesis "The limits of judicial commercial contracts content control" the author analyses the grounds of judicial control of commercial contract content executed in order to ensure the balance of parties' rights and obligations, as well, the criteria limiting such control, defined in legislation, case law, soft law and other documents. The author analyses the conception of commercial contractual relations, as well, the conception of businessman and weaker party of commercial contractual relation, different approaches towards such judicial control defined in contract law theories. The research includes three instruments of commercial contractual content control used in cases of ensuring the balance of interests chosen by the author – reduction of penalties, gross disparity and unfair contract terms control. After the conclusion that some of the national Lithuanian legislation and rules defined in case law can violate the principles of legal certainty and predictability, the author provides several suggestions for the improvement.

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.

The thesis explores the postcolonial failures in the Middle East through a case study of Syria. Syria like the whole Middle East as we know it nowadays is a state and region of imagination drafted by the colonial Europe after the collapse of the Ottoman Empire. Author defines the concept of postcolonial state of Syria and argues that after the Arab upheaval, Syria as a postcolonial state does not exist anymore. Since the "Arab Spring" Syria got dragged into an ongoing civil war and the Assad regime has refused to go down peacefully. The conflict broke out in 2011 hence the developments in Syria through 2011-2015 are the key interest for the study, however in their analysis author has to take into account the historical context and certain vital developments in Syrian history. Currently, Syrian government is unable to deliver the basic services to its population and thus has been regarded as a failed state. Author analyzes the concept of the failed state, its application in Syrian case and attempts to understand what factors led to the failure of the postcolonial state of Syria. The study builds on an argument that postcolonial state of Syria has failed due to the foundational problems and the failure of the national identity, accompanied with the involvement of external actors, which are further prolonging the conflict. Author tries to examine to what extent have those actors promoted or undermined the failure of the postcolonial state of Syria and further sectarianization of the country. Theories of National identity failure and Constructivism are used as a theoretical framework to guide the whole research; with the former providing the explanation of the failure of the Syrian state and the latter addressing the logic behind the involvement of external actors and assists in generalizing the pattern detected in Syria over the whole Middle East, examining whether postcolonial Middle East has ended in light of Syrian case and given way to the emergence of New Middle East.

The thesis explores the postcolonial failures in the Middle East through a case study of Syria. Syria like the whole Middle East as we know it nowadays is a state and region of imagination drafted by the colonial Europe after the collapse of the Ottoman Empire. Author defines the concept of postcolonial state of Syria and argues that after the Arab upheaval, Syria as a postcolonial state does not exist anymore. Since the "Arab Spring" Syria got dragged into an ongoing civil war and the Assad regime has refused to go down peacefully. The conflict broke out in 2011 hence the developments in Syria through 2011-2015 are the key interest for the study, however in their analysis author has to take into account the historical context and certain vital developments in Syrian history. Currently, Syrian government is unable to deliver the basic services to its population and thus has been regarded as a failed state. Author analyzes the concept of the failed state, its application in Syrian case and attempts to understand what factors led to the failure of the postcolonial state of Syria. The study builds on an argument that postcolonial state of Syria has failed due to the foundational problems and the failure of the national identity, accompanied with the involvement of external actors, which are further prolonging the conflict. Author tries to examine to what extent have those actors promoted or undermined the failure of the postcolonial state of Syria and further sectarianization of the country. Theories of National identity failure and Constructivism are used as a theoretical framework to guide the whole research; with the former providing the explanation of the failure of the Syrian state and the latter addressing the logic behind the involvement of external actors and assists in generalizing the pattern detected in Syria over the whole Middle East, examining whether postcolonial Middle East has ended in light of Syrian case and given way to the emergence of New Middle East.

The thesis explores the postcolonial failures in the Middle East through a case study of Syria. Syria like the whole Middle East as we know it nowadays is a state and region of imagination drafted by the colonial Europe after the collapse of the Ottoman Empire. Author defines the concept of postcolonial state of Syria and argues that after the Arab upheaval, Syria as a postcolonial state does not exist anymore. Since the "Arab Spring" Syria got dragged into an ongoing civil war and the Assad regime has refused to go down peacefully. The conflict broke out in 2011 hence the developments in Syria through 2011-2015 are the key interest for the study, however in their analysis author has to take into account the historical context and certain vital developments in Syrian history. Currently, Syrian government is unable to deliver the basic services to its population and thus has been regarded as a failed state. Author analyzes the concept of the failed state, its application in Syrian case and attempts to understand what factors led to the failure of the postcolonial state of Syria. The study builds on an argument that postcolonial state of Syria has failed due to the foundational problems and the failure of the national identity, accompanied with the involvement of external actors, which are further prolonging the conflict. Author tries to examine to what extent have those actors promoted or undermined the failure of the postcolonial state of Syria and further sectarianization of the country. Theories of National identity failure and Constructivism are used as a theoretical framework to guide the whole research; with the former providing the explanation of the failure of the Syrian state and the latter addressing the logic behind the involvement of external actors and assists in generalizing the pattern detected in Syria over the whole Middle East, examining whether postcolonial Middle East has ended in light of Syrian case and given way to the emergence of New Middle East.

The ombudsman tradition originated in Sweden in 1809 and spread throughout the world in less than two hundred years. The progress of development of independent human rights institutions in the 20th century was remarkable. Since 1981, when the institution of Ombudsman for Children was established in Norway, more than 200 institutions have been created and exist today. They are of different forms, but share the same role: to ensure that governments and other state institutions, public and private bodies implement the Convention on the Rights of the Child. The Ombudsman (ombudsperson) is the key player in promoting and protecting children's rights and best interests. The main task of ombudsman institutions is to close the gap between the rights rhetoric and the realities of children's lives, ensuring that rights are translated into law, policy and practice. The author analyses the Norwegian model of a specialised ombudsman institution, as this model was influential in western European countries and Nordic countries with democratic governance and strong individual human rights traditions. On the other hand, the author examines the advantages and disadvantages of an inclusive model, which was chosen by some eastern European countries, often in the context of democratic transition and usually integrated in general (parliamentary) ombudsman institutions or human rights bodies. Bearing in mind that the integration of children's rights issues into a broad-based human rights institution may face particular challenges, the author concludes that every country must establish an effective independent institution for promoting and protecting children's rights and best interests.

The ombudsman tradition originated in Sweden in 1809 and spread throughout the world in less than two hundred years. The progress of development of independent human rights institutions in the 20th century was remarkable. Since 1981, when the institution of Ombudsman for Children was established in Norway, more than 200 institutions have been created and exist today. They are of different forms, but share the same role: to ensure that governments and other state institutions, public and private bodies implement the Convention on the Rights of the Child. The Ombudsman (ombudsperson) is the key player in promoting and protecting children's rights and best interests. The main task of ombudsman institutions is to close the gap between the rights rhetoric and the realities of children's lives, ensuring that rights are translated into law, policy and practice. The author analyses the Norwegian model of a specialised ombudsman institution, as this model was influential in western European countries and Nordic countries with democratic governance and strong individual human rights traditions. On the other hand, the author examines the advantages and disadvantages of an inclusive model, which was chosen by some eastern European countries, often in the context of democratic transition and usually integrated in general (parliamentary) ombudsman institutions or human rights bodies. Bearing in mind that the integration of children's rights issues into a broad-based human rights institution may face particular challenges, the author concludes that every country must establish an effective independent institution for promoting and protecting children's rights and best interests.