Suchergebnisse

Organized criminality is a new social phenomenon, which has roots in illegal economic activity. It is becoming one of the most urgent problems all over the world and leaves Lithuania is not an exception. After the restoration of independence when market economy relations were taking form and legitimate economy was getting ever stronger, the organized crime by taking black markets, satisfying the demand for illicit goods and services and creating it as well took over some of the features legitimate economic activity. Activities of Lithuanian organized criminal associations encopmass everything starting with purely criminal racketeering and finishing with such crimes against economy as contraband, illegal economic activity, money laundering, bribery and etc. The degree of the phenomenon is emphasized by the fact that in the whole number of cleared crimes against economy make up 3–5 per cents of the total number of crimes only, however the damage to the state and society is much bigger than that inflicted in the wake of criminal crimes. For Lithuania, just as for other states reviving democratic society and market economy it's important to prepare and inplement a number of measures facilitating efficient combating of organized crime. The author founds its judgment of criminological research, practical material of criminal cases and statistical data analyses the appearance of organized crime in Lithuania, its factual state and practice of law enforcement institutions. The author distinguishes two major stages of development of organized crime and renders their major analysis. The first stage is related to 1990 and 1995, whereas from 1995 organized crime has entered into a new stage of development. ; Organizuotas nusikalstamumas tampa neatidėliotina ir vis didėjančia pasaulio problema. Ši problema tampa aktuali ir Lietuvai. Atkūrus nepriklausomybę besiformuojant Lietuvoje rinkos santykiams, vis labiau stiprėjant legaliai ekonomikai, organizuotas nusikalstamumas įgauna šių struktūrų veikimui daugelyje valstybių būdingų bruožų užimdamas nelegalias rinkas, tenkindamas bei kurdamas draudžiamų prekių ir paslaugų paklausą. Lietuvoje veikiančių organizuotų nusikalstamų grupuočių veikla yra įvairiapusė – pradedant grynai kriminaliniu reketu ir baigiant tokiais ekonominiais nusikaltimais kaip kontrabanda, nelegali ekonominė veikla, pinigų plovimas, pareigūnų papirkinėjimas ir kt. Organizuotas nusikalstamumas – tai tas pats kriminalinis pasaulis, tik įgavęs daug organizuotesnes formas. Organizuotas nusikalstamumas – tai įvairių lygių nusikalstamos grupuotės su jau parengtais kadrais, patikrintais nelegalios apyvartos kanalais bei ištobulinta korupcijos sistema. Tai reiškinys, apimantis beveik visų rūšių nusikaltimus. Šio reiškinio mastą pabrėžia tai, kad bendro atskleistų nusikaltimų skaičiaus tik apie 3– 5 proc. sudaro organizuoti ir ekonominiai nusikaltimai, tačiau žala, padaroma dėl tų nusikaltimų, daug didesnė nei dėl kriminalinių nusikaltimų padaryti nuostoliai žmonėms ir valstybei. Be to, organizuotas nusikalstamumas dažniausiai veikia keliose valstybėse, daro įtaką ne tik ekonominei, bet ir valstybės valdymo tvarkai. Straipsnyje autorius, remdamasis kriminologiniais tyrimais, praktine baudžiamųjų bylų medžiaga, statistikos duomenimis, analizuoja organizuoto nusikalstamumo atsiradimą Lietuvoje, jo faktinę padėtį bei teisėsaugos institucijų praktiką. Autorius skiria ir detaliai nagrinėja du pagrindinius organizuoto nusikalstamumo plėtros Lietuvoje etapus. Pirmasis etapas siejamas su 1990 m. pradžia, jis tęsėsi iki 1995 m., o po 1995 m. organizuotas nusikalstamumas išgyveno naują raidos etapą.

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]

Just as we never get a second chance to make a good first impression, we may equally be deprived of a unique chance to act both as witnesses and evaluators of the centennial after regaining the independence of the Republic of Lithuania if we fail to review and assess this period. Therefore, we have to seize the opportunity and reflect upon the twisting path of our history since regaining the independence of the state until the current situation. The centennial development of law cannot be disembodied from the story of state's development. One can treat law both as a pathfinder and as a legal guide of the state; however it can likewise be applied as an instrument to solely ensure proper functioning of the state. Creating an effective system of law is not a one-day project; it is the process requiring deliberation, constant effort and deep awareness, otherwise the system will be doomed to failure or malfunctioning. Every state or nation is believed to deserve such a legal system as the efforts that the state puts to ascertain and develop it. The centennial period since the restoration of the independence of the Republic of Lithuania can unmistakably be described as a unique one: on the one hand the state was faced with the challenges of restoration and creation in various areas of the state and the society; it later experienced the loss of independence and survived 50 years of occupation; it eventually restored an independent state and was repeatedly faced with fresh challenges of re-establishing a historically-literate, well-structured and well-functioning state-governance system in both national and international levels. On the other hand, the technological and communications progress intensified the recent hundred years to such an extent that it clearly outdistances any previous centennials. Advancement of information technologies intensifies our time, our law, while huge amounts of information and its immense spread accelerate the pace of our life and our history. New forms of social relations and new branches of law emerge all in need of proper legal regulation. The study "The Development of the Lithuanian Law within the Period of 1918-2018: the Centennial Experience and Prospects" is a result of joint research efforts of more than 50 outstanding lawyers representing different areas of law from Mykolas Romeris University, Vytautas Magnus University, and Vilnius University. The study, dedicated to the Centennial of Lithuanian statehood due in 2018, presents the results of scientific research on legal science and major branches of law, covering the period of 1918-beginning of 2018 (information presented in the study covers a period until end-2017); it reflects upon the centennial development of Lithuanian law, discusses its major characteristics, tendencies and preconditions of their formation; it examines its influence on the state and state authorities and envisages possible impact on the development of law in the future. The Lithuanian law of 1918-2018 is analysed from the perspective of three statehood periods. 1918-1940 is the period when the independence of the Republic of Lithuania was declared, the groundwork for the statehood was laid and an independent legal system was being established. 1940- 1990 denotes the period of occupation, when the authentic legal system of Lithuania was destroyed and the Soviet legal system was forcibly entrenched. The latter was based on socialist ideology and the superiority of governmental authority over the civil society. It is not easy to evaluate the span of 1990- 2018 as the impartial assessment of it is seriously hindered by the authors' partial attitude towards the existing surrounding phenomena. [.]