Suchergebnisse

Article is prepared during the performance of the scientific research "The convergence and divergence of legal forms of business: does Lithuanian legal regulation is attractive in international context", which is financed by the Research Council of Lithuania. The article deals with the evolution of legal regulation of individual business in Lithuania and with the present legal forms of business – individual entrepreneurship and individual enterprise. The legal regulation of individual entrepreneurship is analysed from the historical, statistical and comparative point of view. The conclusion is made that the number of individual enterprises and peoples, involved in individual entrepreneurship reflects entrepreneurship of all society. According to the official statistics the number of self-employed workers in Lithuania is about 13 percent of the total number of working-age population. The European Union average is 16.5 percent. According to this indicator, Lithuania is ahead of Finland (13.5 percent.), United Kingdom (14.5 percent.), Belgium (15.1 percent.), Slovakia (15.6 percent.), Netherlands (15.9 percent), Slovenia (16.9 percent.), Ireland (17.1 percent.), Czech Republic (17.9 percent.), Spain (17.9 percent.), Poland (21.8 percent.) Portugal (22.1 percent.), Italy (25.1 percent.), Greece (36.9 percent.).At present, there are four forms of individual business in Lithuania: 1) the individual enterprise having the status of legal person and functioning according to the Law on individual companies and the Civil Code; 2) agriculture farm (farmer), which does not have the status of legal person, acting on the basis of the Law on farmer's farm; 3) a natural person engaged in individual business activities on the basis of individual activity certificate; 4) a natural person engaged in individual business activities on the basis business certificate.The change of legal status of individual enterprise and their becoming a legal person can be considered to be one of the reasons behind the decline in their numbers in Lithuania. A legal person status granted to an individual enterprise is to be regarded negatively for several reasons. First, it has become more complex to start business, because of the need to prepare the articles of association, and take other actions necessary for the establishment of legal persons (Art. 4 of the Law on individual enterprises). It also increases the costs and length of the establishment of business. Secondly, it has become more complex the liquidation procedure of individual enterprise. Third, the taxpayer is not only the natural person – the owner of the individual enterprise, but also the individual enterprise, as legal person, which is subject of corporate taxes, such as profit tax, real estate tax, etc. ; Straipsnyje analizuojama individualaus verslo teisinio reglamentavimo Lietuvoje raida ir šio verslo reikšmė šalies ekonomikai. Daroma išvada, kad, vertinant istoriniu požiūriu, individuali įmonė yra pirmoji teisinė verslo forma. Tinkamas individualaus verslo teisinis reglamentavimas skatina visuomenės verslumą, jos konkurencingumą, visuomenės vidurinio sluoksnio susiformavimą ir stiprėjimą.

The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016. This law entered into force on the 1 January 2017 and replaced the Order of the Ministry of Health of 1999 which regulated assisted reproductive technologies (ART) until then. After the adoption of the new Civil Code in 2000, Parliament recommended that the Government prepare a draft law on ART by 2002. The first "liberal" draft was presented to Parliament in 2004. Its opponents also prepared a "conservative" draft. Both drafts were rejected. Only in 2010, a new draft was prepared but the adoption of this law was delayed until 2016. This article could be one of the first to present an overview and analysis of the history of legal regulation of ART in Lithuania; it also describes the main features of the new law, reveals its shortcomings and gaps, and explains the main reasons for such a long legislative process in this area.

The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016. This law entered into force on the 1 January 2017 and replaced the Order of the Ministry of Health of 1999 which regulated assisted reproductive technologies (ART) until then. After the adoption of the new Civil Code in 2000, Parliament recommended that the Government prepare a draft law on ART by 2002. The first "liberal" draft was presented to Parliament in 2004. Its opponents also prepared a "conservative" draft. Both drafts were rejected. Only in 2010, a new draft was prepared but the adoption of this law was delayed until 2016. This article could be one of the first to present an overview and analysis of the history of legal regulation of ART in Lithuania; it also describes the main features of the new law, reveals its shortcomings and gaps, and explains the main reasons for such a long legislative process in this area.

The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016. This law entered into force on the 1 January 2017 and replaced the Order of the Ministry of Health of 1999 which regulated assisted reproductive technologies (ART) until then. After the adoption of the new Civil Code in 2000, Parliament recommended that the Government prepare a draft law on ART by 2002. The first "liberal" draft was presented to Parliament in 2004. Its opponents also prepared a "conservative" draft. Both drafts were rejected. Only in 2010, a new draft was prepared but the adoption of this law was delayed until 2016. This article could be one of the first to present an overview and analysis of the history of legal regulation of ART in Lithuania; it also describes the main features of the new law, reveals its shortcomings and gaps, and explains the main reasons for such a long legislative process in this area.

The Law on Assisted Reproduction was adopted by the Parliament of Lithuania (Parliament) on 14 September 2016. This law entered into force on the 1 January 2017 and replaced the Order of the Ministry of Health of 1999 which regulated assisted reproductive technologies (ART) until then. After the adoption of the new Civil Code in 2000, Parliament recommended that the Government prepare a draft law on ART by 2002. The first "liberal" draft was presented to Parliament in 2004. Its opponents also prepared a "conservative" draft. Both drafts were rejected. Only in 2010, a new draft was prepared but the adoption of this law was delayed until 2016. This article could be one of the first to present an overview and analysis of the history of legal regulation of ART in Lithuania; it also describes the main features of the new law, reveals its shortcomings and gaps, and explains the main reasons for such a long legislative process in this area.

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. [.]