Suchergebnisse

So the author introduces new rules of law, laid into legal regulation by the Directive 2011/36/EU but were not included in the Framework Decision 2002/629/JHA. First of all, the attention is drawn to the broader concept of human trafficking, which includes additional forms of exploitation. The author takes notice of the stricter European Union criminal policy on criminal repression for human trafficking (e. g. more severe penalties, added to the list of aggravating circumstances). Also, some provisions of preventive nature are introduced, which should lead to greater disclosure of human trafficking crimes. By analysing changes in European Union legal regulation of human trafficking the article is not only presents and compares them to the Framework Decision 2002/629/JHA. Besides, the article contains reasoned criticism of some formulations of provisions of the Directive 2011/36/EU. The Republic of Lithuania as a member of the European Union is obliged to harmonise national legislation with the acquis communautaire (European Union law). In view of this, the article aims to assess the norm of trafficking in humans laid down in the Criminal Code of the Republic of Lithuania and to determine its compliance with the requirements of the Directive 2011/36/EU. The author provides some suggestions for possible improvements of the norm.

So the author introduces new rules of law, laid into legal regulation by the Directive 2011/36/EU but were not included in the Framework Decision 2002/629/JHA. First of all, the attention is drawn to the broader concept of human trafficking, which includes additional forms of exploitation. The author takes notice of the stricter European Union criminal policy on criminal repression for human trafficking (e. g. more severe penalties, added to the list of aggravating circumstances). Also, some provisions of preventive nature are introduced, which should lead to greater disclosure of human trafficking crimes. By analysing changes in European Union legal regulation of human trafficking the article is not only presents and compares them to the Framework Decision 2002/629/JHA. Besides, the article contains reasoned criticism of some formulations of provisions of the Directive 2011/36/EU. The Republic of Lithuania as a member of the European Union is obliged to harmonise national legislation with the acquis communautaire (European Union law). In view of this, the article aims to assess the norm of trafficking in humans laid down in the Criminal Code of the Republic of Lithuania and to determine its compliance with the requirements of the Directive 2011/36/EU. The author provides some suggestions for possible improvements of the norm.

The system of parallel competence can lead to situations where the same violation of competition rules will be investigated and punished by several national competition authorities one after the other. However, under Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, Member States' competition authorities and courts in some cases are bound to apply article 101 or 102 of the Treaty on the Functioning of the European Union. Since, as already has been stated, this principle is enshrined in Article 4 of Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, at the beginning of this paper the author overviews the interpretation of the concept of ne bis in idem principle and its scope in the practice of the European Court of Human Rights. Then in the context of this principle the author analyses the system of parallel competences, established by Regulation 1/2003, highlighting main problems of the system. The paper is completed with the summary of the investigated issues and the main conclusions are presented.

The system of parallel competence can lead to situations where the same violation of competition rules will be investigated and punished by several national competition authorities one after the other. However, under Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty, Member States' competition authorities and courts in some cases are bound to apply article 101 or 102 of the Treaty on the Functioning of the European Union. Since, as already has been stated, this principle is enshrined in Article 4 of Protocol 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms, at the beginning of this paper the author overviews the interpretation of the concept of ne bis in idem principle and its scope in the practice of the European Court of Human Rights. Then in the context of this principle the author analyses the system of parallel competences, established by Regulation 1/2003, highlighting main problems of the system. The paper is completed with the summary of the investigated issues and the main conclusions are presented.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

Although shareholders' agreements in a broad sense are not defined in the laws of the Republic of Lithuania, the legislator has stipulated certain provisions regarding the specific types of shareholders' agreements. The author examines in detail the concepts of voting agreement and transfer of voting righ­ts agreement as they are stipulated in the Civil Code. Legal analysis of the mentioned agreements and legal consequences of entering into the agreements are also provided in the article.

According to principle pacta sunt servanta, commonly each non-fulfilment of the contract as well as undue fulfilment is considered as an infringement, for which the promisor is liable. However, this rule has an exception – it is not applied, when performance of a contract is impeded by particular legally significant circumstances, which occurred after conclusion of a contract and the risk thereof was not assumed by either party. Such situations in foreign, international and national practice are dealt by applying legal institutes of impossibility of performance due to change of circumstances and hardship of performance due to change of circumstances, the various aspects whereof are analysed in the master thesis. First part of the thesis analyses origins, concepts, main features and correlation between the legal institutes, developed to deal with the problem of performance of contracts under changed circumstances. It has been found out that they are independent and, thus could not be applied simultaneously or subsidiary. In second part the author historically-comparatively reviews, how the problem of performance of contract under changed circumstances is dealt in Germany, France and England. The study has shown that these countries solve problem of impossibility to perform the contract due to changed circumstances in a very similar way. However, they have quite a different approach towards the legal institute of hardship of performance due to change of circumstances. Third part of the thesis is dedicated to methods of solving the analysed problem in international legal documents, significant to Lithuania – CISG Convention, UNIDROIT, PECL and DCFR Principles. All documents recognise and very similarly regulate the legal institute of impossibility of performance due to the change of circumstances. Though, the institute of hardship of performance due to change of circumstances is not established in CISG Convention, while other documents regulate it very similarly, but also include a few peculiarities. In the last part of the thesis author examines the peculiarities of regulation of the analysed legal institutes in Lithuania and judicial practice of the Supreme Court of Lithuania in this field. The legislator regulates mentioned institutes very similarly as UNIDROIT Principles, yet national regulation also embraces specific features. The practice of the national Supreme Court in this field is still under development, thus it is hard to forecast not only final court rulings in particular cases, but also general trend of Supreme Courts' practice. The hypothesis raised by the author has been confirmed. Examined legal institutes in foreign, international and national legal doctrine, regulations and practice are considered as exceptional legal instruments, thus principle pacta sunt servanta remains underlying while dealing with problems of performance of contracts under changed circumstances.

According to principle pacta sunt servanta, commonly each non-fulfilment of the contract as well as undue fulfilment is considered as an infringement, for which the promisor is liable. However, this rule has an exception – it is not applied, when performance of a contract is impeded by particular legally significant circumstances, which occurred after conclusion of a contract and the risk thereof was not assumed by either party. Such situations in foreign, international and national practice are dealt by applying legal institutes of impossibility of performance due to change of circumstances and hardship of performance due to change of circumstances, the various aspects whereof are analysed in the master thesis. First part of the thesis analyses origins, concepts, main features and correlation between the legal institutes, developed to deal with the problem of performance of contracts under changed circumstances. It has been found out that they are independent and, thus could not be applied simultaneously or subsidiary. In second part the author historically-comparatively reviews, how the problem of performance of contract under changed circumstances is dealt in Germany, France and England. The study has shown that these countries solve problem of impossibility to perform the contract due to changed circumstances in a very similar way. However, they have quite a different approach towards the legal institute of hardship of performance due to change of circumstances. Third part of the thesis is dedicated to methods of solving the analysed problem in international legal documents, significant to Lithuania – CISG Convention, UNIDROIT, PECL and DCFR Principles. All documents recognise and very similarly regulate the legal institute of impossibility of performance due to the change of circumstances. Though, the institute of hardship of performance due to change of circumstances is not established in CISG Convention, while other documents regulate it very similarly, but also include a few peculiarities. In the last part of the thesis author examines the peculiarities of regulation of the analysed legal institutes in Lithuania and judicial practice of the Supreme Court of Lithuania in this field. The legislator regulates mentioned institutes very similarly as UNIDROIT Principles, yet national regulation also embraces specific features. The practice of the national Supreme Court in this field is still under development, thus it is hard to forecast not only final court rulings in particular cases, but also general trend of Supreme Courts' practice. The hypothesis raised by the author has been confirmed. Examined legal institutes in foreign, international and national legal doctrine, regulations and practice are considered as exceptional legal instruments, thus principle pacta sunt servanta remains underlying while dealing with problems of performance of contracts under changed circumstances.

Master's thesis analyzes the contemporary Alcohol Control Policy of Lithuania. Author of the work conducted a public opinion survey-interview, used the analysis of scientific literature and other methods of research to disclose and evaluate the issues of the Lithuanian Alcohol Control Policy. The paper not only reveals the lack of implementation of alcohol control in Lithuania, but also provides guidance on how to improve it with/adapting the effective science-based and used globally alcohol control measures. Lithuanian residents (survey data) and alcohol-control experts have an average view of this policy. Many of them support the stronger alcohol control policy. One of the major constraints on evidence-based alcohol policy development – strong influence of the alcohol industry in the country.

Master's thesis analyzes the contemporary Alcohol Control Policy of Lithuania. Author of the work conducted a public opinion survey-interview, used the analysis of scientific literature and other methods of research to disclose and evaluate the issues of the Lithuanian Alcohol Control Policy. The paper not only reveals the lack of implementation of alcohol control in Lithuania, but also provides guidance on how to improve it with/adapting the effective science-based and used globally alcohol control measures. Lithuanian residents (survey data) and alcohol-control experts have an average view of this policy. Many of them support the stronger alcohol control policy. One of the major constraints on evidence-based alcohol policy development – strong influence of the alcohol industry in the country.

The Dissertation covers the aspect of term limits of head of state and its links with the principles of national sovereignty, separation of powers and supremacy of the constitution in various forms of state government. The analysis of the concept of powers and term limits of head of state, put into the context of development of the global legal thought, uncovers progress in the scientific understanding of the concept and paves the way to the key arguments of the Paper (the right to establish term limits of authorities lies with the nation (John Locke); the term limit of authority is inversely proportional to the greatness of power (Charles Montesquieu). The study into the features and dynamics of constitutional regulation of term limits of head of state is based on the analysis of the relevant provisions in over 500 constitutions; as a result, the study establishes the development trends in the definition of term limits enshrined in the said constitutions. Another part of the study looks into the reasons behind the violations of constitutional provisions on term limits of head of state and analyses the dynamics of the said violations in monarchies and republics as forms of government, paying attention to the criterion of greatness of authority of head of state. On the basis of the present research, the author establishes the effectiveness of direct and inverse application of the rule formulated by Charles Montesquieu (the greatness of power must be compensated by the brevity of the duration). The work confirms the research assumption that vulnerability of constitutional provisions on term limits of head of state is proportional to the greatness of power. The author proposes to address this problem of constitutional regulation by using the inverse rule to the axiom of Montesquieu (the smaller the power, the less important its duration).

The Dissertation covers the aspect of term limits of head of state and its links with the principles of national sovereignty, separation of powers and supremacy of the constitution in various forms of state government. The analysis of the concept of powers and term limits of head of state, put into the context of development of the global legal thought, uncovers progress in the scientific understanding of the concept and paves the way to the key arguments of the Paper (the right to establish term limits of authorities lies with the nation (John Locke); the term limit of authority is inversely proportional to the greatness of power (Charles Montesquieu). The study into the features and dynamics of constitutional regulation of term limits of head of state is based on the analysis of the relevant provisions in over 500 constitutions; as a result, the study establishes the development trends in the definition of term limits enshrined in the said constitutions. Another part of the study looks into the reasons behind the violations of constitutional provisions on term limits of head of state and analyses the dynamics of the said violations in monarchies and republics as forms of government, paying attention to the criterion of greatness of authority of head of state. On the basis of the present research, the author establishes the effectiveness of direct and inverse application of the rule formulated by Charles Montesquieu (the greatness of power must be compensated by the brevity of the duration). The work confirms the research assumption that vulnerability of constitutional provisions on term limits of head of state is proportional to the greatness of power. The author proposes to address this problem of constitutional regulation by using the inverse rule to the axiom of Montesquieu (the smaller the power, the less important its duration).

The article deals with the problem of determining the most noticeable features of the living conditions and their changes in the settlement Rokai located near the second biggest city Kaunas in Lithuania during the period of the Independency. The field research in Rokai was arranged in July and August 2012, and 110 respondents of various groups of the people of Rokai and the government institutions answered the questions which are analyzed in this article. According to the methodology of ethnological and anthropological researches the questioning was based on the quantitative and qualitative analysis. Besides, the method of observation was invoked, because the author is a native of Rokai and he had a good possibility to watch the process of the change of the people's lifestyle of this settlement from inside.