Suchergebnisse

In doctoral thesis "The limits of judicial commercial contracts content control" the author analyses the grounds of judicial control of commercial contract content executed in order to ensure the balance of parties' rights and obligations, as well, the criteria limiting such control, defined in legislation, case law, soft law and other documents. The author analyses the conception of commercial contractual relations, as well, the conception of businessman and weaker party of commercial contractual relation, different approaches towards such judicial control defined in contract law theories. The research includes three instruments of commercial contractual content control used in cases of ensuring the balance of interests chosen by the author – reduction of penalties, gross disparity and unfair contract terms control. After the conclusion that some of the national Lithuanian legislation and rules defined in case law can violate the principles of legal certainty and predictability, the author provides several suggestions for the improvement.

In doctoral thesis "The limits of judicial commercial contracts content control" the author analyses the grounds of judicial control of commercial contract content executed in order to ensure the balance of parties' rights and obligations, as well, the criteria limiting such control, defined in legislation, case law, soft law and other documents. The author analyses the conception of commercial contractual relations, as well, the conception of businessman and weaker party of commercial contractual relation, different approaches towards such judicial control defined in contract law theories. The research includes three instruments of commercial contractual content control used in cases of ensuring the balance of interests chosen by the author – reduction of penalties, gross disparity and unfair contract terms control. After the conclusion that some of the national Lithuanian legislation and rules defined in case law can violate the principles of legal certainty and predictability, the author provides several suggestions for the improvement.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

Summary Fixed-term Employment Contract in the Context of Other Employment Contracts A right to work is one of the basic human rights. After Lithuania joined the European Union, it's legal system became inseperable part of Lithuania's legal system, therefore the author of this thesis is comparing the possibilities for formation, pursuance and discontinuation of temporary job contract in accordance with acting legal regulations, emphasising the restrictions, which were not present until Labour Code of Republic of Lithuania came to act. Thus, the author gives the analysis if the provisions of directive, regulating the work by temporary job contracts, are implemented into the Lithuanian legal system. The thesis concentrates mainly on temporary job contract, it's formation possibilities and laws, prohibiting formation of such contract. In order to display the pecularities of temporary job contract, the author reviews necessary contract preconditions not only for temporary job contracts, but other job contracts as well, including temporary job, seasonal job, avocation, settlement for additional job. Author points out the guarantees and restrictions, which originate when a temporary job contract is signed instead of usual job contract. The author pays great attention to job contracts where the contractor is the head of a company, and emphasises the basis of discontinuation of such contracts.

The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.

The author conducted extensive comparative-legal research of shareholders' agreements in common and continental law jurisdictions. The author analyses the main approaches to the regulation of legal nature, restrictions, execution, classification, and disclosure of shareholders' agreements.The study was based on the doctrine, legislation, and case law of such jurisdictions as the UK, the USA, Germany, France, Lithuania, and Ukraine.

In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.

In this paper the author performs analysis of United Nations peacekeeping legal regulation. The author's goal ‒ to analyze legal basis of different kinds of peacekeeping operations, fundamental peacekeeping principles and disclose typical problems in practice. The work is divided in two parts. First part begins with section devoted to historical development of peacekeeping missions ‒ from the Cold War to the present, and classification of peacekeeping missions. In the second section the author analyses legal basis of different types of peacekeeping operations. The third section comprises separation of powers of the main United Nations organs, while conducting security policy. Furthermore, the author analyses The Charter of The United Nations and the practice of The International Court of Justice. The fourth section consists of content analysis of three substantial peacekeeping principles. In the second part the practical peacekeeping challenges are analysed. The author reviews Official United Nations documents and raises problems related to application of legal basis and fundamental principles of traditional peacekeeping in Congo and wider peacekeeping operations in Bosnia and Afghanistan. The second part is concluded by legal analysis of Lithuanian participation in peacekeeping operations: a) national legislation related to the participation in peacekeeping operations b) Lithuania's leadership in one of Afghanistan province – Ghor ‒ reconstruction. At the end, the author represents final conclusions of the analysis of legal basis and practical problems. The most frequent problem is the breach of fundamental peacekeeping principles when forces used exceed the necessary amount and are inadequate to situation on the ground.

The author of the present article analyzes the legal regulation regarding the subjects responsible for the protection of public order in municipal territories with an emphasis on the collision between the activity and responsibility of the police and municipal institutions. The author suggests multiple solutions to the problem of competence delimitation in the sphere of public protection. According to the author, in municipal territories four multiple- choice forms of public order protection are possible and the right to choose the forms which would most effectively guarantee the safety of the community should belong to local government institutions. What is more, the article deals with an analysis of the organizational problems related to the implementation of the functions of public order protection and an evaluation of the prospects of the decentralization of these functions. The author presents a critical evaluation of the situation when public order protection requirements which logically derive from the interests of local residents are identified by central public administration institutions rather than local government institutions or regional-level institutions. The planning of the safe environment strategy must be based on the interests of a country's local residents; what is more, the particularities of different regions must be considered. To solve the mentioned problems two alternative public order protection strategy models are suggested. Finally, the author comes to the conclusion that local government institutions should be actively motivated to get involved in securing public safety through legal and organizational means.

The author of the present article analyzes the legal regulation regarding the subjects responsible for the protection of public order in municipal territories with an emphasis on the collision between the activity and responsibility of the police and municipal institutions. The author suggests multiple solutions to the problem of competence delimitation in the sphere of public protection. According to the author, in municipal territories four multiple- choice forms of public order protection are possible and the right to choose the forms which would most effectively guarantee the safety of the community should belong to local government institutions. What is more, the article deals with an analysis of the organizational problems related to the implementation of the functions of public order protection and an evaluation of the prospects of the decentralization of these functions. The author presents a critical evaluation of the situation when public order protection requirements which logically derive from the interests of local residents are identified by central public administration institutions rather than local government institutions or regional-level institutions. The planning of the safe environment strategy must be based on the interests of a country's local residents; what is more, the particularities of different regions must be considered. To solve the mentioned problems two alternative public order protection strategy models are suggested. Finally, the author comes to the conclusion that local government institutions should be actively motivated to get involved in securing public safety through legal and organizational means.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.

In this article the author analysis certain issues of application of the European payment order procedure. Relationship between the rules established in the European Union legal instrument – the regulation – and national civil procedure norms is discussed as far as they concern procedural requirements for document instituting the proceedings. Amenability of applications for issuing the European payment order is surveyed. The author proposes certain changes in legal regulation.