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.
The article analyses the plans of Germany to seize Klaipėda Region in 1938, the political circumstances of the German ultimatum issued to Lithuania on 20 March 1939, the response of the Lithuanian Government to the German demands, the organisation of the retreat of Lithuanian military units and state institutions from Klaipėda, its process, and the dynamics of German units marching into Klaipėda Region. ;In spring 1938, after the Austrian Anschluss, the situation of Eastern Europe and the German politics with regard to Klaipėda essentially changed. The tension reached its peak in 1939, when the Germans occupied Czechoslovakia and focused on the occupation of Danzig. Although the Lithuanian Government started contemplating on the possible military occupation of Klaipėda Region at the beginning of March 1939, the evacuation which took place on 21–22 March 1939 from Klaipėda Region was chaotic and non-organised. Before any official documents on the ceding of the territory had been signed, the Lithuanian Government gave the first orders to start secret military evacuation from Klaipėda Region. No clear evacuation order were received from Lithuanian governing authorities, and the export of private and state property was implemented without any organised transportation. Belated information about the ceding of Klaipėda Region to Germany impeded effective implementation of evacuation plans by Lithuanian institutions and military units. The plans worked out for the Riflemen Union failed. On 22 March 1939, Lithuanian institutions no longer controlled the situation either in the city or the region of Klaipėda.
The article analyses the plans of Germany to seize Klaipėda Region in 1938, the political circumstances of the German ultimatum issued to Lithuania on 20 March 1939, the response of the Lithuanian Government to the German demands, the organisation of the retreat of Lithuanian military units and state institutions from Klaipėda, its process, and the dynamics of German units marching into Klaipėda Region. ;In spring 1938, after the Austrian Anschluss, the situation of Eastern Europe and the German politics with regard to Klaipėda essentially changed. The tension reached its peak in 1939, when the Germans occupied Czechoslovakia and focused on the occupation of Danzig. Although the Lithuanian Government started contemplating on the possible military occupation of Klaipėda Region at the beginning of March 1939, the evacuation which took place on 21–22 March 1939 from Klaipėda Region was chaotic and non-organised. Before any official documents on the ceding of the territory had been signed, the Lithuanian Government gave the first orders to start secret military evacuation from Klaipėda Region. No clear evacuation order were received from Lithuanian governing authorities, and the export of private and state property was implemented without any organised transportation. Belated information about the ceding of Klaipėda Region to Germany impeded effective implementation of evacuation plans by Lithuanian institutions and military units. The plans worked out for the Riflemen Union failed. On 22 March 1939, Lithuanian institutions no longer controlled the situation either in the city or the region of Klaipėda.
In this article there, aa conditional release from the correction institutions is analysed, which was setup by the Punishment Enforcement Code of the Republic of Lithuania as an alternative to freedom deprivation punishment. Without looking into the process of historical development, to analyse the problems of conditional release from the correction institutions realisation and how to deal with them. Lithuanian legal regulations are compared to international documents, which are related with alternative to freedom deprivation punishment (Tokyo Rules (1990), European Rules on Prison Leave (1982), European Rules on social reactions to juvenile delinquency (1987), European Rules on Community Sanctions and Measures (1992), European Recommendation on Concerning Prison Overcrowding and Prison Population Inflation (1999), European Rules on Community Sanctions and Measures (2000), European Rules on Conditional release (parole) (2003)). Conditional release from the correction institutions legal regulations in foreign countries are looked over, an experience of conditional release from the correction institutions implementation in Lithuania and abroad and, most importantly, landmarks of conditional release from the correction institutions institution improvement had been given. The article is based on the national documents and the documents of the United Nations and the Council of Europe, legal regulations and practice of conditional release from the correction institutions in foreign countries. ; Šiame straipsnyje nagrinėjamas Lietuvos Respublikos bausmių vykdymo kodekse įteisintas institutas – lygtinis paleidimas iš pataisos įstaigų, kaip alternatyva laisvės atėmimui. Straipsnyje, nesigilinant į šio instituto formavimosi raidą, siekiama apžvelgti lygtinio paleidimo iš pataisos įstaigų turinį, išanalizuoti lygtinio paleidimo iš pataisos įstaigų instituto įgyvendinimo problemas ir pasiūlyti priemones joms pašalinti, palyginti, ar Lietuvos teisinis lygtinio paleidimo reguliavimas atitinka pagrindinių tarptautinių dokumentų, susijusių su alternatyvomis laisvės atėmimo bausmei, nuostatas, taip pat palyginti nacionalinę bei užsienio valstybių patirtį, įgyvendinant lygtinio paleidimo iš pataisos įstaigų institutą. Palyginti tai su Jungtinių Tautų Organizacijos (toliau – JTO) standartinėmis minimaliomis su laisvės atėmimu nesusijusių priemonių taisyklėmis (Tokijo taisyklėmis), Europos Tarybos Ministrų komiteto rekomendacija Nr. R (82) 16 "Dėl paleidimo iš kalėjimo", Europos Tarybos Ministrų komiteto rekomendacija Nr. (87) 20 "Dėl socialinės reakcijos į nepilnamečių nusikalstamumą", Europos Tarybos Ministrų komiteto rekomendacija Nr. R (92) 16 "Dėl Europos bendruomenės sankcijų ir priemonių taisyklių", Europos Tarybos Ministrų komiteto rekomendacija Nr. R (99) 22 "Dėl kalėjimų perpildymo ir kalėjimų populiacijos padidėjimo", Europos Tarybos Ministrų komiteto rekomendacija Rec (2000) 22 "Dėl Europos bendruomeninių sankcijų ir priemonių taisyklių taikymo tobulinimo", Europos Tarybos Ministrų komiteto rekomendacija Rec (2003) 22 valstybėms narėms "Dėl lygtinio paleidimo (parolio)". Straipsnyje pateikiamos gairės dėl lygtinio paleidimo iš pataisos įstaigų instituto teisinio reguliavimo ir nuteistųjų resocializacijos tobulinimo.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.
In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.
In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.
The author of the present article analyzes the legal regulation regarding the subjects responsible for the protection of public order in municipal territories with an emphasis on the collision between the activity and responsibility of the police and municipal institutions. The author suggests multiple solutions to the problem of competence delimitation in the sphere of public protection. According to the author, in municipal territories four multiple- choice forms of public order protection are possible and the right to choose the forms which would most effectively guarantee the safety of the community should belong to local government institutions. What is more, the article deals with an analysis of the organizational problems related to the implementation of the functions of public order protection and an evaluation of the prospects of the decentralization of these functions. The author presents a critical evaluation of the situation when public order protection requirements which logically derive from the interests of local residents are identified by central public administration institutions rather than local government institutions or regional-level institutions. The planning of the safe environment strategy must be based on the interests of a country's local residents; what is more, the particularities of different regions must be considered. To solve the mentioned problems two alternative public order protection strategy models are suggested. Finally, the author comes to the conclusion that local government institutions should be actively motivated to get involved in securing public safety through legal and organizational means.
The author of the present article analyzes the legal regulation regarding the subjects responsible for the protection of public order in municipal territories with an emphasis on the collision between the activity and responsibility of the police and municipal institutions. The author suggests multiple solutions to the problem of competence delimitation in the sphere of public protection. According to the author, in municipal territories four multiple- choice forms of public order protection are possible and the right to choose the forms which would most effectively guarantee the safety of the community should belong to local government institutions. What is more, the article deals with an analysis of the organizational problems related to the implementation of the functions of public order protection and an evaluation of the prospects of the decentralization of these functions. The author presents a critical evaluation of the situation when public order protection requirements which logically derive from the interests of local residents are identified by central public administration institutions rather than local government institutions or regional-level institutions. The planning of the safe environment strategy must be based on the interests of a country's local residents; what is more, the particularities of different regions must be considered. To solve the mentioned problems two alternative public order protection strategy models are suggested. Finally, the author comes to the conclusion that local government institutions should be actively motivated to get involved in securing public safety through legal and organizational means.
In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.
In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.
In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.
In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.
