Suchergebnisse

Šiame straipsnyje jo skaitytojas (teisininkas, mokslininkas ar pensijų kaupimu besidomintis asmuo) supažindinamas su pensijų kaupimo sutartimi – šių dienų kontekste viena iš socialiai reikšmingiausių civilinių sutarčių. Pagrindinis straipsnio tikslas yra kvalifikuoti pensijų kaupimo sutartį, atskleidžiant šiai sutarčiai būdingus kitų civilinių sutarčių požymius. Taip pat autorė straipsnyje sprendžia bendrosios kompetencijos ir administracinių teismų kompetencijos atskyrimo problemą teismams nagrinėjant ginčus pensijų kaupimo srityje bei atskleidžia Konstitucinio Teismo jurisprudencijos įtaką pažeistų pensijų kaupimo sistemos dalyvių teisių gynybai. Be to, šiame darbe pateikiama trumpa Europos Sąjungos valstybėse narėse, įskaitant ir Lietuvą, įvykdytų pensijų sistemos reformų raida, siekiant visapusiškai atskleisti kontekstą, kuriame paskutinius kelerius metus veikia pensijų kaupimo sutarties šalys. This article introduces reader (who might be lawyer, academic or any other person who is interested in pension accumulation) to the legal nature of a pension accumulation contract which is one of the most and socially important civil contracts nowadays. The main aim of the article is to qualify pension accumulation contract and to reveal the specific features of pension accumulation contract from perspective of the other civil contracts. Moreover, the author pays attention to the problem of separation of civil and administrative courts' competence by hearing disputes in the area of pension accumulation. As well as the influence of Constitutional court jurisprudence to defence of the violated rights of pension system's participants are analyzed. In addition, this work also provides a brief overview of the pension systems reforms which were made in the European Union Member States (including Lithuania), with intention to disclose fully the context in which pension accumulation contract parties were acting in the last few years.

The paper is focused on the discussion about the role of non-governmental organizations during the decision-making process in local governance and what factors influence it. To achieve this, the following steps have been made: first, the concept of non-governmental organizations and their relationship with civil society was analyzed, then possible variations of relationship between non-governmental organizations and their impact to the public sector was described. In the last part of the paper, the stages of the decision–making and implementation process in the municipality were analyzed and theoretical aspects of enabling NGOs were discussed. The analyses showed that the decision-making and implementation processes depend on the understanding of the need to cooperate, the ability of both subjects to work together, their relationship with citizens and other interest groups.

Hunting legal regulation. Theoretical and practical aspects. Wildlife is public and all humanity distinctive natural inheritance, aesthetical, scientific, cultural and even economical worth. Hunting as the humans preserve and the social institute is miscellaneous expression which includes management of wildlife population (regulation and control), spare – time and work activities. The government has constitutional obligation to guarantee protection of animals living in the wild, protection of their resource and their rational practice. Wherefore the government creates rules in order to ordain the exclusive regulation of using some sort of wild animals which guarantee protection and rational their use. Every year the number of breach of hunting regulation increases. The increasing number of breach of hunting the regulation determinates the relevance of this theme. On the other side the shortage of legal literature about environmental law and administrative responsibility determinates the relevance of this theme too. For the breach of hunting rules in Lithuanian Republic the responsibility is regulated in several legal acts and the man, the breaker, responsible for the breach of hunting rules can be brought to criminal, civil or administrative responsibility. There is the study of administrative responsibility for the breach of hunting rules and the consideration of singularity of such responsibility by theoretical aspects, analysis of practical problems connected to put in practice administrative responsibility. In this theme the attention is laid on the breaches and on the separation of several responsibilities of the breaches of hunting rules. The attention is directed to the purpose of the responsibility and its importance. This study composes of two parts, which are brought into several smaller formations. In the first pat of this study the main point was to traverse legal documents which are important in regulating the hunting, discussing such actual questions as the property right on wild animals, the question of creating hunting areas and other questions of the hunting procedure. In the second part of the study the main theme was analyzed the legal composition of the breach of hunting rules, the problems solving such breaches and the juridical practice on the breakers. In that part there is discussed about perspectives solving the breaches of hunting rules and the juridical practice on the breakers.

Hunting legal regulation. Theoretical and practical aspects. Wildlife is public and all humanity distinctive natural inheritance, aesthetical, scientific, cultural and even economical worth. Hunting as the humans preserve and the social institute is miscellaneous expression which includes management of wildlife population (regulation and control), spare – time and work activities. The government has constitutional obligation to guarantee protection of animals living in the wild, protection of their resource and their rational practice. Wherefore the government creates rules in order to ordain the exclusive regulation of using some sort of wild animals which guarantee protection and rational their use. Every year the number of breach of hunting regulation increases. The increasing number of breach of hunting the regulation determinates the relevance of this theme. On the other side the shortage of legal literature about environmental law and administrative responsibility determinates the relevance of this theme too. For the breach of hunting rules in Lithuanian Republic the responsibility is regulated in several legal acts and the man, the breaker, responsible for the breach of hunting rules can be brought to criminal, civil or administrative responsibility. There is the study of administrative responsibility for the breach of hunting rules and the consideration of singularity of such responsibility by theoretical aspects, analysis of practical problems connected to put in practice administrative responsibility. In this theme the attention is laid on the breaches and on the separation of several responsibilities of the breaches of hunting rules. The attention is directed to the purpose of the responsibility and its importance. This study composes of two parts, which are brought into several smaller formations. In the first pat of this study the main point was to traverse legal documents which are important in regulating the hunting, discussing such actual questions as the property right on wild animals, the question of creating hunting areas and other questions of the hunting procedure. In the second part of the study the main theme was analyzed the legal composition of the breach of hunting rules, the problems solving such breaches and the juridical practice on the breakers. In that part there is discussed about perspectives solving the breaches of hunting rules and the juridical practice on the breakers.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court. ; Lietuvos Respublikoje keliais etapais, pirmiausia Konstitucijoje 2019 m. kovo 21 d. įtvirtinus individualaus konstitucinio skundo pagrindus ir įstatymuose 2019 m. liepos mėnesį nustačius šio skundo teikimo Konstituciniam Teismui reikalavimus bei skundo patenkinimo Konstituciniame Teisme pasekmes kitame teisme išnagrinėtos bylos (proceso joje) atnaujinimui, buvo sukurtas naujas "kompleksinis" asmens konstitucinių teisių ir laisvių gynimo instrumentas (teisinė priemonė). Naujovės esmę sudaro Lenkijos Konstitucijoje numatytas modelis, t. y. asmens, kuris teisme išnaudojo įprastas konstitucinių teisių ir laisvių gynybos priemones, papildoma galimybė tiesiogiai kreiptis į Konstitucinį Teismą dėl tokio Seimo, Respublikos Prezidento ar Vyriausybės priimto teisės akto, kuris buvo pagrindas priimti asmeniui nepalankų galutinį neskundžiamą teismo sprendimą, atitikties Konstitucijai. Šios teisinės priemonės įtvirtinimas Lietuvos teisės sistemoje reiškia tolimesnę žmogaus teisių ir laisvių apsaugos plėtrą bei pastarajai būtino teisinės valstybės principo realizavimą aukštesniu lygmeniu. Todėl nagrinėjant konstitucinio skundo institutą atskleidžiami konstitucinio skundo modeliai, instituto įtvirtinimo specifika Lietuvoje Respublikoje bei tiriami praktiniai aspektai, analizuojant pirmuosius Konstituciniam Teismui pateiktus ir priimtus konstitucinius skundus.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

In several stages a new legal instrument (the constitutional complaint) was established in the legal system of Lithuania starting by the amendment of the Constitution on March 21, 2019 and continuing in July by introducing the requirements for appealing to the Constitutional Court. The essence of this novelty lies in the model established in the Polish Constitution, i. e. the additional possibility for a person who has exhausted all usual means of defence of constitutional rights and freedoms to appeal directly to the Constitutional Court questioning the constitutionality of such a legislative and executive act, which was the basis for the adoption of a final non-appealable judgment against that person in a court. The introduction of such novelty in the legal system of Lithuania implies the further development of the protection of human rights and freedoms and the realization of the principle of the Rule of Law which is necessary for the latter. Therefore, while investigating the novelty of the constitutional complaint in Lithuania, models of constitutional complaint, specific details of the establishment of this institute in Lithuania are unravelled, and practical aspects are investigated by analysing first constitutional complaints submitted to and accepted by the Constitutional Court.

This master thesis concentrates on impeachment procedures as it is a form of constitutional liability of highest state officials in Lithuania. There is a number of aspects of the impeachment procedure that are analysed in this paper: a violation of a law as a ground for applying constitutional liability, elements of impeachment procedure and the evolution of them through the years since Constitution of Lithuania was adopted in 1992, the questions concerning legal consequences of impeachment. In this paper it is analysed both the constitutional concept of impeachment and it's regulation in ordinary law and also the problems and questions that arose in practice when the legal norms regulating imeachment have been applied. Part of the research concentrates on whether the regulation in ordinary law is always compatible with the constitutional provisions and also what steps legislative had to make to make sure that Statute of Seimas or other acts are in accordance with Constitution. As European Court of Human Rights declared in it's verdict of the case Paksas v. Lithuania that Lithuania violated Article 3 of Protocol 1 of European Convention on Human Rights and Fundamental Freedoms by establishing unconditional and permanent prohibition to participate in parliamentary elections for a person guilty of breach of oath and thus removed from office, the proposals made to amend the Lithuanian legal system are also investigated.

This master thesis concentrates on impeachment procedures as it is a form of constitutional liability of highest state officials in Lithuania. There is a number of aspects of the impeachment procedure that are analysed in this paper: a violation of a law as a ground for applying constitutional liability, elements of impeachment procedure and the evolution of them through the years since Constitution of Lithuania was adopted in 1992, the questions concerning legal consequences of impeachment. In this paper it is analysed both the constitutional concept of impeachment and it's regulation in ordinary law and also the problems and questions that arose in practice when the legal norms regulating imeachment have been applied. Part of the research concentrates on whether the regulation in ordinary law is always compatible with the constitutional provisions and also what steps legislative had to make to make sure that Statute of Seimas or other acts are in accordance with Constitution. As European Court of Human Rights declared in it's verdict of the case Paksas v. Lithuania that Lithuania violated Article 3 of Protocol 1 of European Convention on Human Rights and Fundamental Freedoms by establishing unconditional and permanent prohibition to participate in parliamentary elections for a person guilty of breach of oath and thus removed from office, the proposals made to amend the Lithuanian legal system are also investigated.

Theoretical and practical aspects of investigation of accidents at work are analyzed in this Master work. In the paper are analyzed legal acts, which regulate the procedure of investigation of accidents at work, also the conception of accidents and incidents at work is on the course of discussion. The main purposes of investigation of accidents at work are mentioned, subjects and institutes, which have the right to organize and perform the procedure of investigation, and their position in investigation are disputed. There are analyzed the different forms of documents, which are filled in during the investigation of accidents at work, and the period of investigation in this Master work. The procedure of investigation of accidents at work is divided in to several parts according to the subjects' actions which take place in the procedure of investigation. Also the changes of legal acts are suggested. The analysis is based on the cases of the General Administrative Court of Lithuania the Supreme Court of Lithuania, the Constitutional Court of Lithuania, legislation, the information statistics about the accidents at work during the three years of the National Labour Inspection and the Social Security and Labour Ministry of Lithuania. The main attention in this Master work is given to analyze the conditions and the cases, when the accidents at work are accepted as the insurance events. This analysis is based on the cases of Administrative Courts.

Theoretical and practical aspects of investigation of accidents at work are analyzed in this Master work. In the paper are analyzed legal acts, which regulate the procedure of investigation of accidents at work, also the conception of accidents and incidents at work is on the course of discussion. The main purposes of investigation of accidents at work are mentioned, subjects and institutes, which have the right to organize and perform the procedure of investigation, and their position in investigation are disputed. There are analyzed the different forms of documents, which are filled in during the investigation of accidents at work, and the period of investigation in this Master work. The procedure of investigation of accidents at work is divided in to several parts according to the subjects' actions which take place in the procedure of investigation. Also the changes of legal acts are suggested. The analysis is based on the cases of the General Administrative Court of Lithuania the Supreme Court of Lithuania, the Constitutional Court of Lithuania, legislation, the information statistics about the accidents at work during the three years of the National Labour Inspection and the Social Security and Labour Ministry of Lithuania. The main attention in this Master work is given to analyze the conditions and the cases, when the accidents at work are accepted as the insurance events. This analysis is based on the cases of Administrative Courts.

Theoretical and practical aspects of investigation of accidents at work are analyzed in this Master work. In the paper are analyzed legal acts, which regulate the procedure of investigation of accidents at work, also the conception of accidents and incidents at work is on the course of discussion. The main purposes of investigation of accidents at work are mentioned, subjects and institutes, which have the right to organize and perform the procedure of investigation, and their position in investigation are disputed. There are analyzed the different forms of documents, which are filled in during the investigation of accidents at work, and the period of investigation in this Master work. The procedure of investigation of accidents at work is divided in to several parts according to the subjects' actions which take place in the procedure of investigation. Also the changes of legal acts are suggested. The analysis is based on the cases of the General Administrative Court of Lithuania the Supreme Court of Lithuania, the Constitutional Court of Lithuania, legislation, the information statistics about the accidents at work during the three years of the National Labour Inspection and the Social Security and Labour Ministry of Lithuania. The main attention in this Master work is given to analyze the conditions and the cases, when the accidents at work are accepted as the insurance events. This analysis is based on the cases of Administrative Courts.