Suchergebnisse

The article examines the problematic aspects of newly created civil property confiscation and concludes that seizure of property per se poses a number of problems in administrative and criminal law that need to be adressed. Moreover, it will be even more problematic in civil proceedings, which should not include criminal law ca tegories and institutes that do not adapt to this process. Criticizing the unclearness and ambiguity of the definitions contained in the draft legislation and the incompleteness, illogicality and contradiction to fundamental legal principles in the draft legislation it self, the author acknowledges that, in keeping with the principle of proportionality, there could be established a model for the confiscation of civil assets, which would allow the property to be seized as evidence when proved the illegality of its origin. The measures laid down and applied by law should be proportionate to the objective pursued, without limiting the rights of the individuals beyond what is necessary to achieve as a legitimate and universally important objective, and would not create suggestions for abuse. The article proposes to consider the creation of a new set of documents that meet the requirements of the constitutional and international instruments.

The article deals with the problematic aspects of the extended confiscation. Having assessed the institute of the extended confiscation of property through its objectives and compliance with the fundamental principles of criminal law, the author argues that when a court is convinced that the property in question is acquired from a criminal offense and the third parties acquire property from the suspected or accused person directly or indirectly, for example through an intermediary, including cases where the offense was committed on their behalf or for their benefit, and the offender tries to prevent the confiscation of property, such property may be confiscated in accordance with the 72nd article of the Criminal Code of the Republic of Lithuania and not the article 723. At the same time, the author raises doubts about the quality of the ongoing legislation process. In the author's view, the legislative process today naturally raises a rhetorical question: what is its purpose – to increase the protection of human rights or to raise new threats to the same rights. Legal regulation of the extended confiscation of property shows that threats to human rights may arise not from the interpretation and practical application of the law but from the legislator itself. It should be emphasized that no other branch of law provides for such serious consequences as criminal law, and therefore, punishment can not be based solely on popular scientific publications or elementary journalistic research. The norms and principles enshrined in the Constitution and in the international law must be respected in the legislative process. All public life problems cannot be solved by criminal law alone.

The article examines the problematic aspects of newly created civil property confiscation and concludes that seizure of property per se poses a number of problems in administrative and criminal law that need to be adressed. Moreover, it will be even more problematic in civil proceedings, which should not include criminal law ca tegories and institutes that do not adapt to this process. Criticizing the unclearness and ambiguity of the definitions contained in the draft legislation and the incompleteness, illogicality and contradiction to fundamental legal principles in the draft legislation it self, the author acknowledges that, in keeping with the principle of proportionality, there could be established a model for the confiscation of civil assets, which would allow the property to be seized as evidence when proved the illegality of its origin. The measures laid down and applied by law should be proportionate to the objective pursued, without limiting the rights of the individuals beyond what is necessary to achieve as a legitimate and universally important objective, and would not create suggestions for abuse. The article proposes to consider the creation of a new set of documents that meet the requirements of the constitutional and international instruments.

The article deals with the problematic aspects of the extended confiscation. Having assessed the institute of the extended confiscation of property through its objectives and compliance with the fundamental principles of criminal law, the author argues that when a court is convinced that the property in question is acquired from a criminal offense and the third parties acquire property from the suspected or accused person directly or indirectly, for example through an intermediary, including cases where the offense was committed on their behalf or for their benefit, and the offender tries to prevent the confiscation of property, such property may be confiscated in accordance with the 72nd article of the Criminal Code of the Republic of Lithuania and not the article 723. At the same time, the author raises doubts about the quality of the ongoing legislation process. In the author's view, the legislative process today naturally raises a rhetorical question: what is its purpose – to increase the protection of human rights or to raise new threats to the same rights. Legal regulation of the extended confiscation of property shows that threats to human rights may arise not from the interpretation and practical application of the law but from the legislator itself. It should be emphasized that no other branch of law provides for such serious consequences as criminal law, and therefore, punishment can not be based solely on popular scientific publications or elementary journalistic research. The norms and principles enshrined in the Constitution and in the international law must be respected in the legislative process. All public life problems cannot be solved by criminal law alone.

The article examines questions of compensation for non-pecuniary damage as an expression of the state's attitude towards human life. The article introduces the definition of non-pecuniary damage and urges to use provisions of criminal law, instead of civil law, to acknowledge a person as a victim. It also analyses key provisions of compensation for non-pecuniary damage in homicide cases that are related to the totality of objective and subjective elements of offence composition. The author pays particular attention to the issues of legal regulation in determination of the value of non-pecuniary damage and court practice in compensation of non-pecuniary damage. The author believes that Lithuanian society still exalts spiritual suffering, while its material value is hardly recognized, for which the judicial process, which should tackle the question of non-pecuniary damage, often turns into a process where the main concern is the protection of defendant's material welfare and what amount they would be able to pay. The compensation for non-pecuniary damage is not only a question of proving facts, it is foremost the question of the "price" of the murdered. This is why the interests of a victim shouldn't be collated to making a profit of disaster. The court makes decisions in specific cases and applies the legal norms created by the legislator by using facts, logical and rational arguments. By acting in the name of the state and in its interests, the court should firstly take into account the scale of values set by laws and recognized by the state; what is the priority - human life, the victim's pain of loss and suffering or the defendant's age, their material and family status. The court should determine that the defendant killed a person and by doing so they disregarded the highest value, therefore the relatives of the murdered must receive a just compensation. Only in this way the court can clearly set the priority of life over other values; by assessing it adequately, it expresses the state's attitude towards murder.

The article examines questions of compensation for non-pecuniary damage as an expression of the state's attitude towards human life. The article introduces the definition of non-pecuniary damage and urges to use provisions of criminal law, instead of civil law, to acknowledge a person as a victim. It also analyses key provisions of compensation for non-pecuniary damage in homicide cases that are related to the totality of objective and subjective elements of offence composition. The author pays particular attention to the issues of legal regulation in determination of the value of non-pecuniary damage and court practice in compensation of non-pecuniary damage. The author believes that Lithuanian society still exalts spiritual suffering, while its material value is hardly recognized, for which the judicial process, which should tackle the question of non-pecuniary damage, often turns into a process where the main concern is the protection of defendant's material welfare and what amount they would be able to pay. The compensation for non-pecuniary damage is not only a question of proving facts, it is foremost the question of the "price" of the murdered. This is why the interests of a victim shouldn't be collated to making a profit of disaster. The court makes decisions in specific cases and applies the legal norms created by the legislator by using facts, logical and rational arguments. By acting in the name of the state and in its interests, the court should firstly take into account the scale of values set by laws and recognized by the state; what is the priority - human life, the victim's pain of loss and suffering or the defendant's age, their material and family status. The court should determine that the defendant killed a person and by doing so they disregarded the highest value, therefore the relatives of the murdered must receive a just compensation. Only in this way the court can clearly set the priority of life over other values; by assessing it adequately, it expresses the state's attitude towards murder.

The author examines the provisions of one of the most currently debated articles of the Criminal Code, Article 1891, by assessing them from the perspective of validity and legal thinking. After the research is presented, the reader is offered several conclusions. The process of criminalisation of the offence cited in Article 1891 of the Criminal Code was based on the emotional opinion of the holder of legislative initiative and on a superficial review of international and European Union legislation instead of a deep analysis of the situation, which would allow the legislator to ascertain the prevalence of undesirable social phenomena and factors that determine their existence; whether a social problem could be solved without criminalisation, through the help of administrative, labour or tax law; whether criminalisation of the new offence would do more damage than having a positive impact; the cost of criminalisation; and how a new criminal offence would fit in with the other articles of the Criminal Code and national legislation. Assessing the current version of Article 1891 of the Criminal Code, it follows that it presupposes the possibility (by violating the principles "nulla poena sine lege" and "nullum crimen sine culpa") of criminal prosecution and conviction for lawfully acquired property if the acquisition is not justified. The mere chance that the person could not legally purchase property can be the basis for resolving the issue of personal criminal liability under Article 1891 of the Criminal Code. In this article, the legislator de facto established the law retroactive, which means that if a person acquired certain assets before Article 1891 was adopted and entered into force, when illegal enrichment was not considered a crime and criminal responsibility for it had not been applied, the person now has no possibility of legalising the previously acquired property and thus avoiding unjustified criminal prosecution. The legislator should pay attention to the fact that the principles of criminal liability are not "decorations" of the law or insignificant slogans and declarations, but independent and the most common norms of criminal law, with legal force and significance. They are an essential reference to court practice forming entire law application strategy.

The author examines the provisions of one of the most currently debated articles of the Criminal Code, Article 1891, by assessing them from the perspective of validity and legal thinking. After the research is presented, the reader is offered several conclusions. The process of criminalisation of the offence cited in Article 1891 of the Criminal Code was based on the emotional opinion of the holder of legislative initiative and on a superficial review of international and European Union legislation instead of a deep analysis of the situation, which would allow the legislator to ascertain the prevalence of undesirable social phenomena and factors that determine their existence; whether a social problem could be solved without criminalisation, through the help of administrative, labour or tax law; whether criminalisation of the new offence would do more damage than having a positive impact; the cost of criminalisation; and how a new criminal offence would fit in with the other articles of the Criminal Code and national legislation. Assessing the current version of Article 1891 of the Criminal Code, it follows that it presupposes the possibility (by violating the principles "nulla poena sine lege" and "nullum crimen sine culpa") of criminal prosecution and conviction for lawfully acquired property if the acquisition is not justified. The mere chance that the person could not legally purchase property can be the basis for resolving the issue of personal criminal liability under Article 1891 of the Criminal Code. In this article, the legislator de facto established the law retroactive, which means that if a person acquired certain assets before Article 1891 was adopted and entered into force, when illegal enrichment was not considered a crime and criminal responsibility for it had not been applied, the person now has no possibility of legalising the previously acquired property and thus avoiding unjustified criminal prosecution. The legislator should pay attention to the fact that the principles of criminal liability are not "decorations" of the law or insignificant slogans and declarations, but independent and the most common norms of criminal law, with legal force and significance. They are an essential reference to court practice forming entire law application strategy.

Globalization requires joint actions in order to combat crime. The aim of this paper is to analyze the development of forensic science information sys- tem in the common European Union area. The Council of the European Union acknowledges that European Forensic Science Area has to be created by 2020. The article presents the results of an expert evaluation carried out in the course of the project «Conception for the implementation of the vision for European Fo- rensic Science 2020 in Lithuania». Lithuanian forensic science information system is being developed according to the European Union e-Justice Strategy and the decision to create the European Forensic Science Area. However, conditions and problems of developing the forensic science information system in Lithuania have not been sufficiently analysed. This paper presents only part of the survey re- sults and the analysis of theoretical material. The results of our analysis of current Lithuanian forensic science system allow to identify the strengths, weaknesses, threats and opportunities of the current Lithuanian forensic science system. This is necessary for the second stage of the project.

Globalization requires joint actions in order to combat crime. The aim of this paper is to analyze the development of forensic science information sys- tem in the common European Union area. The Council of the European Union acknowledges that European Forensic Science Area has to be created by 2020. The article presents the results of an expert evaluation carried out in the course of the project «Conception for the implementation of the vision for European Fo- rensic Science 2020 in Lithuania». Lithuanian forensic science information system is being developed according to the European Union e-Justice Strategy and the decision to create the European Forensic Science Area. However, conditions and problems of developing the forensic science information system in Lithuania have not been sufficiently analysed. This paper presents only part of the survey re- sults and the analysis of theoretical material. The results of our analysis of current Lithuanian forensic science system allow to identify the strengths, weaknesses, threats and opportunities of the current Lithuanian forensic science system. This is necessary for the second stage of the project.

As a response to current global trends in the field of higher education and studies, the attitude has become prevalent in the European Commission and among member states of the European Union (EU) that major reforms are required to help European higher education successfully compete under the conditions of globalization and a knowledge-based economy. Studies focused on student personal success and citizenship education are inseparable from technological advancement and international mobility opportunities, the integration of top international teachers, collaborative studies with students from various countries, as well as other factors that can help prepare open, tolerant, creative and well-prepared graduates. The quality of research and education remains a priority in European higher education. University management must be based on community spirit, the autonomy of academic units, as well as on a results-oriented approach leading toward greater efficiency and financial stability. The aim of the present article is to examine the effects of management innovations in higher education using the case of Mykolas Romeris University, as this learning institution was one of the first in Lithuania to apply the modern study management methods. The research goal is to determine whether or not there is a difference between general higher education trends in Lithuania and the trends observed at MRU. Descriptive statistical methods were applied in the data analysis, with the relations of the data, the indexes as well as speed of change calculated. Strength among links is assessed using the Pearson correlation coefficient. The article analyses the use of modern innovation management methods that have helped the university survive in the difficult conditions of greater competition and reduced state funding.

As a response to current global trends in the field of higher education and studies, the attitude has become prevalent in the European Commission and among member states of the European Union (EU) that major reforms are required to help European higher education successfully compete under the conditions of globalization and a knowledge-based economy. Studies focused on student personal success and citizenship education are inseparable from technological advancement and international mobility opportunities, the integration of top international teachers, collaborative studies with students from various countries, as well as other factors that can help prepare open, tolerant, creative and well-prepared graduates. The quality of research and education remains a priority in European higher education. University management must be based on community spirit, the autonomy of academic units, as well as on a results-oriented approach leading toward greater efficiency and financial stability. The aim of the present article is to examine the effects of management innovations in higher education using the case of Mykolas Romeris University, as this learning institution was one of the first in Lithuania to apply the modern study management methods. The research goal is to determine whether or not there is a difference between general higher education trends in Lithuania and the trends observed at MRU. Descriptive statistical methods were applied in the data analysis, with the relations of the data, the indexes as well as speed of change calculated. Strength among links is assessed using the Pearson correlation coefficient. The article analyses the use of modern innovation management methods that have helped the university survive in the difficult conditions of greater competition and reduced state funding.

As a response to current global trends in the field of higher education and studies, the attitude has become prevalent in the European Commission and among member states of the European Union (EU) that major reforms are required to help European higher education successfully compete under the conditions of globalization and a knowledge-based economy. Studies focused on student personal success and citizenship education are inseparable from technological advancement and international mobility opportunities, the integration of top international teachers, collaborative studies with students from various countries, as well as other factors that can help prepare open, tolerant, creative and well-prepared graduates. The quality of research and education remains a priority in European higher education. University management must be based on community spirit, the autonomy of academic units, as well as on a results-oriented approach leading toward greater efficiency and financial stability. The aim of the present article is to examine the effects of management innovations in higher education using the case of Mykolas Romeris University, as this learning institution was one of the first in Lithuania to apply the modern study management methods. The research goal is to determine whether or not there is a difference between general higher education trends in Lithuania and the trends observed at MRU. Descriptive statistical methods were applied in the data analysis, with the relations of the data, the indexes as well as speed of change calculated. Strength among links is assessed using the Pearson correlation coefficient. The article analyses the use of modern innovation management methods that have helped the university survive in the difficult conditions of greater competition and reduced state funding.