Paper touch upon the problems of criminal policy in Lithuania after 1990. The author concentrates on two aspects of the problem: legislative criminal policy and practical criminal policy. 79 The author investigates the changes in present Penal code of Lithuania and their impact on the practical application of the laws by courts and other criminal justice institutions. The author describes the direction of major alterations of the laws and practical consequences of these changes. The author provides statistical material concerning application of penalties and other forms of sanctions. These data are being compared with the data in other European countries. The author makes conclusions concerning further development of criminal policy.
Paper touch upon the problems of criminal policy in Lithuania after 1990. The author concentrates on two aspects of the problem: legislative criminal policy and practical criminal policy. 79 The author investigates the changes in present Penal code of Lithuania and their impact on the practical application of the laws by courts and other criminal justice institutions. The author describes the direction of major alterations of the laws and practical consequences of these changes. The author provides statistical material concerning application of penalties and other forms of sanctions. These data are being compared with the data in other European countries. The author makes conclusions concerning further development of criminal policy.
In the article the author considers urgent problems of Extradition. The study is based on scientific researches in this area and Laws on Extradition in other countries. The article consists of 3 parts. In the first part the author analyses the notion of Extradition. The legal regulation on Extradition is considered in the second part and the problems of conditions and procedures related to Extradition are presented in the third part of the article. The author pays attention to shortcomings of the legal regulation on Extradition in Lithuania and gives the ways of their elimination. At the same time the author grounds the need of passing the National Extradition Act and at the end in the view he gives the scheme of such law.
In the article the author considers urgent problems of Extradition. The study is based on scientific researches in this area and Laws on Extradition in other countries. The article consists of 3 parts. In the first part the author analyses the notion of Extradition. The legal regulation on Extradition is considered in the second part and the problems of conditions and procedures related to Extradition are presented in the third part of the article. The author pays attention to shortcomings of the legal regulation on Extradition in Lithuania and gives the ways of their elimination. At the same time the author grounds the need of passing the National Extradition Act and at the end in the view he gives the scheme of such law.
In this article a presently existing public administration system in Lithuania as well as the position of municipalities (subjects of local self–government) in that system are described, the features of the "real" local self–government are being formulated, potentially possible groups of problems of local self–government are distinguished and currently main problems of municipalities of Lithuania are indicated. The author of the article notes that in Lithuania up till now the concept of the "real" local self–government has not been clearly and unambiguously defined yet. That makes the formulation of target goals, tasks and means as well as their implementation developing the system of local self–government more difficult. Seeking at least partly to fill the existing gap, the author of the article formulates eight features of the "real" local self–government. Having defined the problem of local self–government as a deviation from the "normal" conditions for the functioning of the local self–government system that cause negative changes in the system, the author of the article shows the relationship between the "normal" conditions for the functioning of local self–government and the formulated features of the "real" local self–government. According to this relationship the author of the article indicates eight potentially possible groups of problems of local self–government. On the basis of the accumulated knowledge and acquired experience the author of the article points out five groups of currently particularly important problems for local self–government of Lithuania, which are conditionally named as follows: 1) suppressed independence; 2) insufficient constructiveness of the relationship among different levels of government; 3) economic problems of municipalities; 4) not involving community members in managing local affairs; 5) inertness of municipalities.
In this article a presently existing public administration system in Lithuania as well as the position of municipalities (subjects of local self–government) in that system are described, the features of the "real" local self–government are being formulated, potentially possible groups of problems of local self–government are distinguished and currently main problems of municipalities of Lithuania are indicated. The author of the article notes that in Lithuania up till now the concept of the "real" local self–government has not been clearly and unambiguously defined yet. That makes the formulation of target goals, tasks and means as well as their implementation developing the system of local self–government more difficult. Seeking at least partly to fill the existing gap, the author of the article formulates eight features of the "real" local self–government. Having defined the problem of local self–government as a deviation from the "normal" conditions for the functioning of the local self–government system that cause negative changes in the system, the author of the article shows the relationship between the "normal" conditions for the functioning of local self–government and the formulated features of the "real" local self–government. According to this relationship the author of the article indicates eight potentially possible groups of problems of local self–government. On the basis of the accumulated knowledge and acquired experience the author of the article points out five groups of currently particularly important problems for local self–government of Lithuania, which are conditionally named as follows: 1) suppressed independence; 2) insufficient constructiveness of the relationship among different levels of government; 3) economic problems of municipalities; 4) not involving community members in managing local affairs; 5) inertness of municipalities.
The author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.
The author examines legal attempts to regulate digital property. By 'digital property' any valuable that is usable or available in electronic form is understood, including computer programs, databases, digital audio and video, etc. Due to authors' own expertise, legal protection of digital property is represented through issues on legal protection of computer programed First part of the assignment accomplished by this article deals with copyright protection of digital property. The article surveys most important international legislation and caee law, ae well as academic opinions on legal regulation of digital property. The significant transformations and differences from traditional principles of Intellectual property law that took place with the rise of digital property are emphasized, together with the challenges brought by digital technology. It is further argued that for the newly established national legal systems, such as Lithuanian, a simple extension of the existing Intellectual property legislation, or mechanical Implantation of foreign laws is not adequate, while the risks are crucial. Careful national approach may be needed in order to achieve socially desirable results and not to prevent establishment of national information economy. The article is conducted ae a result of the research done by the author during the research visit to Donald berman laboratory for Information Technology and Law with the La Trobe University, Bundoora, VIC, Australia. The author wishes to express his gratitude to Dr. Andrew Stranieri, whose views and thoughts inspired this article, and Dr. John Zeleznikow, whose efforts have made possible this research visit.
The publication was compiled to provide the Lithuanian reader with a comprehensive understanding of gender responsive economic initiatives. It provides a conceptual and theoretical framework, traces the evolution of work in this area, shows how gender economics and gender analysis have been used as a tool of a more efficient allocation of economic resources. The article outlines and discusses the main gender problems and their impact into the government economic policy not only on the micro– but on the macro level too. It is the discussion about the gender responsive budget, trade liberalisation and gender impact into the trade liberalisation and gender responsive financial policy. The author concludes the integration and implementation of the gender analysis into the Lithuanian government economic policy could accelerate the sustainable economic growth and soften the consequences of globalisation process.
The publication was compiled to provide the Lithuanian reader with a comprehensive understanding of gender responsive economic initiatives. It provides a conceptual and theoretical framework, traces the evolution of work in this area, shows how gender economics and gender analysis have been used as a tool of a more efficient allocation of economic resources. The article outlines and discusses the main gender problems and their impact into the government economic policy not only on the micro– but on the macro level too. It is the discussion about the gender responsive budget, trade liberalisation and gender impact into the trade liberalisation and gender responsive financial policy. The author concludes the integration and implementation of the gender analysis into the Lithuanian government economic policy could accelerate the sustainable economic growth and soften the consequences of globalisation process.
The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
The article addresses a range of problems relating to qualifying crimes against economic and financial management. The analysis of the said issues starts with a brief overview of the development of Lithuania's legislation regulating criminal responsibility for crimes against economic and financial management, as well as preconditions for adopting currently existing laws. Further, the article deals with specific aspects of the qualification of crimes against economic and financial management such as separation of crimes from administrative offences, disclosing the content of qualifying characteristics, blanket nature of norms, etc. The author maintains that one of the main reasons leading to problems of qualification is the absence in certain cases of a clear-cut content of legal provisions. While working out the norms of criminal law, the legislator sometimes take no regard of the existing legal provisions in Administrative Law. In addition, there are no well-formulated and clear criminalisation and decriminalisation criteria of the activities qualified as crimes against economic and financial management.
The transition processes in post-soviet area show the lack of knowledge and experiences in conflict resolution, when the authorities, the organisations and individuals have to solve the controversial problems as well as conflicts of interests and values. The first part of the article represents the scope of ideas and practices of conflict resolution and conciliation in international relations. The actions of the Security Council of the UNO and some agreements of the European Conference for Security and Co-operation have been surveyed as having sense of peace-keeping, peace-making and peace-building. In the process of European integration some political and legal mechanisms were approved with the mean to conciliate controversities between the members and candidates of the EU. Using them the European Community functions as a whole, and the process of joining new members is sequent and progressive. The philosophy and experience of conflict resolution and conciliation is applicable in many cases of the states internal affairs. In the next part of the article the author examines applications and development of conciliation procedures in social life of Lithuania. One of such examples is three parts roundtable between representatives of governmental bodies, employers and trade unions on issues of social politics, unemployment, payment etc. developing the rules and incentives for strengthening the culture of conflict resolution in social life serves the new democracy. The next direction in which conciliation and conflict resolution has been used is third party participation in community and family conflicts. Several projects on mediation have been accomplished in Lithuania. They were aimed to train mediators and to educate individuals in what circumstances they may be served by mediators. The author examines in which way peace-making procedures can be used in public administration. The Lithuanian laws regulate some principles of administrating to avoid or prevent disputes between the governmental bodies and the citizen and interest groups as well as (for example one-window rule in servicing the applicator). Lithuania as other post-communist countries has to develop the culture of conflict resolution and conciliation to ensure social and communal stability. ; Transformaciniuose procesuose, kuriuos mes išgyvename, išryškėjo žmonių ir organizacijų, verslo įmonių, valdžios institucijų bendravimo ir bendradarbiavimo, gebėjimo spręsti sudėtingus ir prieštaringus klausimus problemiškumas, vertybių ir interesų konfliktų prevencijos ir valdymo aktualumas. Straipsnyje pristatoma konfliktų sprendimo ir taikinamosios veiklos idėjų ir praktinio patyrimo raida pasaulyje. Apžvelgiamos tos mūsų gyvenimo sritys, kur pradeda rastis kryptinga taikinamoji veikla, svarstomos tolesnės plėtotės galimybės, ypač kreipiant dėmesį į žmogaus santykius su kitais ir į viešąjį administravimą.
Lithuania faces difficult dilemmas in the field of old age security. Aging population, weak bonds between current wages, salaries and amount of (size of) future pensions causes certain dissatisfactions and risks. They alongside with the pressure of certain interest groups which are interested in possibility to enter financial flows and to take benefits from partial privatization of these flows create certain gnoseological, political and ideological climate surrounding the issue of pension reform. In these circumstances the use of neutral, scientific approach would be helpful. Together with more open, comprehensive, democratic discourse it would add to the rationality, prudence of the decisions concerning the issue. Author of the article argues that the currently functioning pay-as-you-go (PAYG) system together with some shortcomings have its advantages which should not be neglected in the discussion on the pension reforms. On the other hand private pension system based on individual accumulation is not so advantages and effective as its portrayed by its proponents. It is connected with rather high risk both for individuals and for state. The danger of loss of money in the financial markets in case of downfall of the value of securities and the threat to budgetary stability of the country are two major reasons to refrain from overly enthusiastic attitudes towards private, especially mandatory, pension funds. The experience of Argentina, Hungary, Poland should caution us against impulsive, non-comprehensive decision. West European and especially Scandinavian pattern could serve us a good service.
Lithuania faces difficult dilemmas in the field of old age security. Aging population, weak bonds between current wages, salaries and amount of (size of) future pensions causes certain dissatisfactions and risks. They alongside with the pressure of certain interest groups which are interested in possibility to enter financial flows and to take benefits from partial privatization of these flows create certain gnoseological, political and ideological climate surrounding the issue of pension reform. In these circumstances the use of neutral, scientific approach would be helpful. Together with more open, comprehensive, democratic discourse it would add to the rationality, prudence of the decisions concerning the issue. Author of the article argues that the currently functioning pay-as-you-go (PAYG) system together with some shortcomings have its advantages which should not be neglected in the discussion on the pension reforms. On the other hand private pension system based on individual accumulation is not so advantages and effective as its portrayed by its proponents. It is connected with rather high risk both for individuals and for state. The danger of loss of money in the financial markets in case of downfall of the value of securities and the threat to budgetary stability of the country are two major reasons to refrain from overly enthusiastic attitudes towards private, especially mandatory, pension funds. The experience of Argentina, Hungary, Poland should caution us against impulsive, non-comprehensive decision. West European and especially Scandinavian pattern could serve us a good service.
