Suchergebnisse

Furthermore, in order to find out the possible obstacles for the proposal to apply criminal liability for the attempts with dolus eventualis, related norms of the Penal Code as well as the opinions of the researchers of criminal law are analysed. The analysis of Article 22 of the Lithuanian Penal Code shows that the text of the Penal Code does not preclude criminal liability for an attempt with dolus eventualis. What is more, the analysis of the theoretical discussion of the pro and contra views regarding the criminalisation of an attempt with dolus eventualis allows to conclude that dolus eventualis is compatible with the concept of attempt. Consequently, the author ascertains that there are no formal (dogmatic) reasons to object to the criminal liability for an attempt with dolus eventualis. He indicates that the discussion is of penal-political nature. The author concludes that because of the high dangerousness of the crimes committed with dolus eventualis, it is more politicaly reasonable to qualify such crimes according to the rules that are applied for intentional crimes (and, consequently, punish attempts) than to qualify them similarly to negligent crimes (and leave attempts unpunished).

Furthermore, in order to find out the possible obstacles for the proposal to apply criminal liability for the attempts with dolus eventualis, related norms of the Penal Code as well as the opinions of the researchers of criminal law are analysed. The analysis of Article 22 of the Lithuanian Penal Code shows that the text of the Penal Code does not preclude criminal liability for an attempt with dolus eventualis. What is more, the analysis of the theoretical discussion of the pro and contra views regarding the criminalisation of an attempt with dolus eventualis allows to conclude that dolus eventualis is compatible with the concept of attempt. Consequently, the author ascertains that there are no formal (dogmatic) reasons to object to the criminal liability for an attempt with dolus eventualis. He indicates that the discussion is of penal-political nature. The author concludes that because of the high dangerousness of the crimes committed with dolus eventualis, it is more politicaly reasonable to qualify such crimes according to the rules that are applied for intentional crimes (and, consequently, punish attempts) than to qualify them similarly to negligent crimes (and leave attempts unpunished).

The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.

The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.

The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.

The author studies a legal measure, which was introduced by a type of European Union law known as Framework Decision, adopted in June 2002 by the European Union Council of Ministers. Lithuania has implemented the Framework Decision on the European Arrest Warrant by making modifications to the national Criminal Code and the Code of Criminal Procedure. It should be noted, that the European Arrest Warrant is the first European instrument, implementing the principle of mutual recognition. The master's thesis deals with the concept and system of the European Arrest Warrant, it's historical development, examines mandatory and discretionary grounds for non execution of the European Arrest Warrant, legal procedure, requirements of the form and content of the European Arrest Warrant. The author also focuses on some obstacles and problems found at national level during implementation of the Framework Decision. Furthermore, the author analyzes the statistical rates of issuing European Arrest Warrant and the surrendered persons to Lithuania. Aditionally, the master's thesis is illustrated by practical application of the European Arrest Warrant. Finally, the author gives summarized conclusions and makes particular suggestions for improving existing legal norms, which regulate the European Arrest Warrant.

This paper explores the conditions for close collaboration between higher education institutions and printing industry. Firstly, the author demonstrates that formal methods in education fail to correspond to a present day reality, and, secondly, she sets recommendations for tackling the problems. For a thorough analysis of the situation, the author considers strategic development plans for higher education in the European Union and Lithuania, analyses models and options for collaboration between higher education institutions and industry in other countries, a qualitative survey is carried out in the form of an interview of managers of Lithuanian printing companies and of the printing department of higher education institutions.

This paper explores the conditions for close collaboration between higher education institutions and printing industry. Firstly, the author demonstrates that formal methods in education fail to correspond to a present day reality, and, secondly, she sets recommendations for tackling the problems. For a thorough analysis of the situation, the author considers strategic development plans for higher education in the European Union and Lithuania, analyses models and options for collaboration between higher education institutions and industry in other countries, a qualitative survey is carried out in the form of an interview of managers of Lithuanian printing companies and of the printing department of higher education institutions.

Parties reach an amicable settlement of any disputes in Lithuania by the way of making an amicable settlement more and more often, so founding out of what legal power has the settlement in the civil procedure, what problems arise to the parties after reconciliation, what tendencies recently appear in the reconciliation process and what objects are pursued in reconciliation of the parties in the course of civil proceedings were actual. The author analyses reconciliation of the parties as an objective of the civil proceedings with the major tasks to reinstate both the legal and the social peace. The author also presents some samples of cases, which were resolved amicably. Objectives of the Master's final thesis were as follows: 1. Estimation of reconciliation of the parties as an objective of the civil proceedings; 2. Estimation of the legal and social meaning of reconciliation of the parties; 3. Exhaustive and well-rounded disclosure of the meaning of reconciliation of the parties; 4. Representing of the newly originated and actively developing alternative way of settlement of civil and commercial disputes- mediation. At the end of the thesis the author presents some conclusions and offers for improvement of reconciliation procedure regulation.

Parties reach an amicable settlement of any disputes in Lithuania by the way of making an amicable settlement more and more often, so founding out of what legal power has the settlement in the civil procedure, what problems arise to the parties after reconciliation, what tendencies recently appear in the reconciliation process and what objects are pursued in reconciliation of the parties in the course of civil proceedings were actual. The author analyses reconciliation of the parties as an objective of the civil proceedings with the major tasks to reinstate both the legal and the social peace. The author also presents some samples of cases, which were resolved amicably. Objectives of the Master's final thesis were as follows: 1. Estimation of reconciliation of the parties as an objective of the civil proceedings; 2. Estimation of the legal and social meaning of reconciliation of the parties; 3. Exhaustive and well-rounded disclosure of the meaning of reconciliation of the parties; 4. Representing of the newly originated and actively developing alternative way of settlement of civil and commercial disputes- mediation. At the end of the thesis the author presents some conclusions and offers for improvement of reconciliation procedure regulation.

Having arrived at the conclusion that principles inherent in national legal systems of the member states cannot constitute the basis for substantiating state liability for the acts attributable to courts of final instance, the author invokes the method of teleological interpretation and examines whether it is enough to base the doctrine of state liability for the acts attributable to national courts of final instance on the principle of effectiveness. The author concludes that the ECJ acts within the framework of the EC Treaty and the object and the purpose of the Treaty require a state to be liable for the act attributable to a court of final instance if it adopts a decision that is incompatible with the EC law.

Having arrived at the conclusion that principles inherent in national legal systems of the member states cannot constitute the basis for substantiating state liability for the acts attributable to courts of final instance, the author invokes the method of teleological interpretation and examines whether it is enough to base the doctrine of state liability for the acts attributable to national courts of final instance on the principle of effectiveness. The author concludes that the ECJ acts within the framework of the EC Treaty and the object and the purpose of the Treaty require a state to be liable for the act attributable to a court of final instance if it adopts a decision that is incompatible with the EC law.

The transaction value method is prevailing for the purpose of customs valuation. Therefore, in this study the author analyses the customs valuation legislation of the Agreement on customs valuation of WTO, Customs Code of the European Union and its implementing provisions as well as the legislation of the Republic of Lithuanian. The study is divided into seven chapters. In the first chapter author introduces in brief the regulation of this specific method, the second- reasons of its prevailing in customs valuation. Next chapter more in detail analyzes such concepts of transaction value as "sold", "sold for export", "price actually paid or payable", "activities, undertaken by the buyer on his own account". The fourth chapter is dedicated to the conditions for the departure of the transaction value method. The fifth chapter analyzes the elements of pricing of transaction value. The last ones analyze documents produced to support the transaction value and the particularity of the valuation of the imported used cars. The comparative analysis of legal acts and judicial decisions proves that it is important to understand properly the transaction value method and all of its elements as it directly relate to the payable customs and other taxes. The author also concludes that customs legislation of the Republic of Lithuania is not well harmonized with the EC legislation ant International trade practice.

The transaction value method is prevailing for the purpose of customs valuation. Therefore, in this study the author analyses the customs valuation legislation of the Agreement on customs valuation of WTO, Customs Code of the European Union and its implementing provisions as well as the legislation of the Republic of Lithuanian. The study is divided into seven chapters. In the first chapter author introduces in brief the regulation of this specific method, the second- reasons of its prevailing in customs valuation. Next chapter more in detail analyzes such concepts of transaction value as "sold", "sold for export", "price actually paid or payable", "activities, undertaken by the buyer on his own account". The fourth chapter is dedicated to the conditions for the departure of the transaction value method. The fifth chapter analyzes the elements of pricing of transaction value. The last ones analyze documents produced to support the transaction value and the particularity of the valuation of the imported used cars. The comparative analysis of legal acts and judicial decisions proves that it is important to understand properly the transaction value method and all of its elements as it directly relate to the payable customs and other taxes. The author also concludes that customs legislation of the Republic of Lithuania is not well harmonized with the EC legislation ant International trade practice.

The transaction value method is prevailing for the purpose of customs valuation. Therefore, in this study the author analyses the customs valuation legislation of the Agreement on customs valuation of WTO, Customs Code of the European Union and its implementing provisions as well as the legislation of the Republic of Lithuanian. The study is divided into seven chapters. In the first chapter author introduces in brief the regulation of this specific method, the second- reasons of its prevailing in customs valuation. Next chapter more in detail analyzes such concepts of transaction value as "sold", "sold for export", "price actually paid or payable", "activities, undertaken by the buyer on his own account". The fourth chapter is dedicated to the conditions for the departure of the transaction value method. The fifth chapter analyzes the elements of pricing of transaction value. The last ones analyze documents produced to support the transaction value and the particularity of the valuation of the imported used cars. The comparative analysis of legal acts and judicial decisions proves that it is important to understand properly the transaction value method and all of its elements as it directly relate to the payable customs and other taxes. The author also concludes that customs legislation of the Republic of Lithuania is not well harmonized with the EC legislation ant International trade practice.