Suchergebnisse

Before principle of mutual recognition gained its force in European Union legal cooperation in criminal matters the methods used in legal cooperation were not as effective, fast and economical as they were expected to be. Mutual recognition principle was meant to solve these problems by recognition of other member states legal decisions as if they were their own, with minimum formalities. In order to make this principle work high level of trust must exist between member states, so primarily we have to analyse the concept of trust as a precondition of successful application of the principle of the mutual recognition. In this paper the concept of trust is analysed in linguistic, sociological and legal terms in the context of the principle of mutual recognition in European Union criminal law. ; Prieš pradedant taikyti abipusio pripažinimo principu grindžiamus teisinio bendradarbiavimo baudžiamojoje teisėje instrumentus iki tol naudojami metodai buvo ne tokie efektyvūs, greiti ir ekonomiški kokie turėtų būti. Abipusio pripažinimo principas turėjo išspręsti šias problemas priimant kitų valstybių narių sprendimus taip, lyg jie būtų savi sprendimai, su minimaliais formalumais. Siekiant veiksmingo šio principo taikymo turi būti aukštas pasitikėjimo lygis tarp valstybių narių, taigi visų pirma turime analizuoti pasitikėjimo sampratą kaip prielaidą abipusio pripažinimo principui. Straipsnyje lingvistiškai, sociologiškai ir teisiškai nagrinėjama pasitikėjimo samprata, atsižvelgiant į baudžiamosios teisės ypatumus, abipusio pripažinimo principo Europos Sąjungos baudžiamojoje teisėje kontekste.

The theories of identification and respondeat superior are consolidated in the Criminal Code of Lithuania, however, both models render the liability of a legal person impossible, if physical person, who had committed the crime, is not identified. Even in countries, where a corporate criminal liability is applied for more than a hundred years, legal persons are seen as hardly capable to commit sexual offences, because of the personal character of these crimes, although it is recognized that every case must be judged separately and according to the legislator's objectives. Therefore, before legislator makes such an innovative step, first of all detailed analysis of factual situation in Lithuania should be made, demand and expediency to criminalize one or another act must be evaluated and only afterwards, a specific act of law could be enacted. Considering the fact that the Framework decision declares the objectives but leaves for the member states the right to choose the means and the forms of implementation, international norms should not be transferred directly, but international commitments should be adopted in consideration of peculiarities of the national law.

The theories of identification and respondeat superior are consolidated in the Criminal Code of Lithuania, however, both models render the liability of a legal person impossible, if physical person, who had committed the crime, is not identified. Even in countries, where a corporate criminal liability is applied for more than a hundred years, legal persons are seen as hardly capable to commit sexual offences, because of the personal character of these crimes, although it is recognized that every case must be judged separately and according to the legislator's objectives. Therefore, before legislator makes such an innovative step, first of all detailed analysis of factual situation in Lithuania should be made, demand and expediency to criminalize one or another act must be evaluated and only afterwards, a specific act of law could be enacted. Considering the fact that the Framework decision declares the objectives but leaves for the member states the right to choose the means and the forms of implementation, international norms should not be transferred directly, but international commitments should be adopted in consideration of peculiarities of the national law.

The article seeks to develop the concept of social competence in higher education based not only on theoretical background but also on the reflections of social competence in European Union (EU) and national (in this case – Lithuanian) regulations of higher education. Theoretical analysis revealed that social competence as a concept has many definitions. As a result it was recognized that the set of skills defining social competence differs depending on the context where they are exploredand the particular components of the social competence in education are revealed. They served as the base to identify how social competence reveals itself in higher education. In order to carry out this task the empirical research – relevant document analysis was performed.

The article seeks to develop the concept of social competence in higher education based not only on theoretical background but also on the reflections of social competence in European Union (EU) and national (in this case – Lithuanian) regulations of higher education. Theoretical analysis revealed that social competence as a concept has many definitions. As a result it was recognized that the set of skills defining social competence differs depending on the context where they are exploredand the particular components of the social competence in education are revealed. They served as the base to identify how social competence reveals itself in higher education. In order to carry out this task the empirical research – relevant document analysis was performed.

The article seeks to develop the concept of social competence in higher education based not only on theoretical background but also on the reflections of social competence in European Union (EU) and national (in this case – Lithuanian) regulations of higher education. Theoretical analysis revealed that social competence as a concept has many definitions. As a result it was recognized that the set of skills defining social competence differs depending on the context where they are exploredand the particular components of the social competence in education are revealed. They served as the base to identify how social competence reveals itself in higher education. In order to carry out this task the empirical research – relevant document analysis was performed.