Suchergebnisse

Researchers of Kant's political philosophy have not paid enough attention to the problem of certainty in politics which is inseparable from the distinction between phenomenon and noumenon. The primacy of practical reason means that morality has a higher value than knowledge. This is a fundamental presupposition of Kant's philosophy. However, this emphasis on the importance of morality leads to the problematic question of certainty in politics. The recognition of the primacy of morality seems to lead to a situation where politics loses the certainty that belongs to the sphere of noumenon. Such a situation seems to lead to an impossible situation when the distinction between phenomenon and noumenon reappears in the theory of practical reason. The paper puts forward a thesis that for Kant morality is the only ground that allows speaking about the certainty of politics. However, his understanding of certainty in politics has its drawbacks. Politics is dependent not only on the ontology of morality that was emphasized by Kant, but it is also dependent on the kind of certainty that one finds in the sphere of interpersonal relationships. Kant did not pay enough attention to this aspect which remains outside the sphere of the universal law of morality.

Researchers of Kant's political philosophy have not paid enough attention to the problem of certainty in politics which is inseparable from the distinction between phenomenon and noumenon. The primacy of practical reason means that morality has a higher value than knowledge. This is a fundamental presupposition of Kant's philosophy. However, this emphasis on the importance of morality leads to the problematic question of certainty in politics. The recognition of the primacy of morality seems to lead to a situation where politics loses the certainty that belongs to the sphere of noumenon. Such a situation seems to lead to an impossible situation when the distinction between phenomenon and noumenon reappears in the theory of practical reason. The paper puts forward a thesis that for Kant morality is the only ground that allows speaking about the certainty of politics. However, his understanding of certainty in politics has its drawbacks. Politics is dependent not only on the ontology of morality that was emphasized by Kant, but it is also dependent on the kind of certainty that one finds in the sphere of interpersonal relationships. Kant did not pay enough attention to this aspect which remains outside the sphere of the universal law of morality.

Researchers of Kant's political philosophy have not paid enough attention to the problem of certainty in politics which is inseparable from the distinction between phenomenon and noumenon. The primacy of practical reason means that morality has a higher value than knowledge. This is a fundamental presupposition of Kant's philosophy. However, this emphasis on the importance of morality leads to the problematic question of certainty in politics. The recognition of the primacy of morality seems to lead to a situation where politics loses the certainty that belongs to the sphere of noumenon. Such a situation seems to lead to an impossible situation when the distinction between phenomenon and noumenon reappears in the theory of practical reason. The paper puts forward a thesis that for Kant morality is the only ground that allows speaking about the certainty of politics. However, his understanding of certainty in politics has its drawbacks. Politics is dependent not only on the ontology of morality that was emphasized by Kant, but it is also dependent on the kind of certainty that one finds in the sphere of interpersonal relationships. Kant did not pay enough attention to this aspect which remains outside the sphere of the universal law of morality.

Researchers of Kant's political philosophy have not paid enough attention to the problem of certainty in politics which is inseparable from the distinction between phenomenon and noumenon. The primacy of practical reason means that morality has a higher value than knowledge. This is a fundamental presupposition of Kant's philosophy. However, this emphasis on the importance of morality leads to the problematic question of certainty in politics. The recognition of the primacy of morality seems to lead to a situation where politics loses the certainty that belongs to the sphere of noumenon. Such a situation seems to lead to an impossible situation when the distinction between phenomenon and noumenon reappears in the theory of practical reason. The paper puts forward a thesis that for Kant morality is the only ground that allows speaking about the certainty of politics. However, his understanding of certainty in politics has its drawbacks. Politics is dependent not only on the ontology of morality that was emphasized by Kant, but it is also dependent on the kind of certainty that one finds in the sphere of interpersonal relationships. Kant did not pay enough attention to this aspect which remains outside the sphere of the universal law of morality.

The principle of legal certainty is a general principle of law. It takes its origin from Ancient Greece and Rome. Greeks used legal certainty as a main criterion for just legislation, but Romans understood it as a requirement for judicial activities. Modern requirements of the legal certainty principle have the same spheres of usage – legislative and judiciary. The main of them are the following: restrictions must be provided for a specific legal act, which is public, predictable and general, clearly formulated, has legitimate public interest; clear division of powers and responsibilities; enforcement must be unique and predictable. Nowadays, legal certainty is a generally recognized democratic value that is part of the European common heritage. The European Court of Human Rights has a great influence on the legal certainty formation. It has stable practice of using the legal certainty principle in different spheres. The ECHR has developed legal certainty to the level that it has now. Legal certainty begins to penetrate into the Ukrainian legal system. Nowadays, this process is very slow and developed only by the scholars and the Constitutional Court of Ukraine. From the other hand, uprising of the rule of law and other fundamental principles of law application is moving in a positive way. This positive tendency could be found not only in constitutional law, but also in different branches of law, such as land law. The Constitutional Court of Ukraine tries to use the concept of "living instrument" that was established by the ECHR in Tyrer v. The United Kingdom case. The majority of legal certainty requirements in land sphere are connected to the legislative usage. Predictability of the acts and legislative policy is the most problematic aspect of the legal certainty implementation in Ukraine.

The principle of legal certainty is a general principle of law. It takes its origin from Ancient Greece and Rome. Greeks used legal certainty as a main criterion for just legislation, but Romans understood it as a requirement for judicial activities. Modern requirements of the legal certainty principle have the same spheres of usage – legislative and judiciary. The main of them are the following: restrictions must be provided for a specific legal act, which is public, predictable and general, clearly formulated, has legitimate public interest; clear division of powers and responsibilities; enforcement must be unique and predictable. Nowadays, legal certainty is a generally recognized democratic value that is part of the European common heritage. The European Court of Human Rights has a great influence on the legal certainty formation. It has stable practice of using the legal certainty principle in different spheres. The ECHR has developed legal certainty to the level that it has now. Legal certainty begins to penetrate into the Ukrainian legal system. Nowadays, this process is very slow and developed only by the scholars and the Constitutional Court of Ukraine. From the other hand, uprising of the rule of law and other fundamental principles of law application is moving in a positive way. This positive tendency could be found not only in constitutional law, but also in different branches of law, such as land law. The Constitutional Court of Ukraine tries to use the concept of "living instrument" that was established by the ECHR in Tyrer v. The United Kingdom case. The majority of legal certainty requirements in land sphere are connected to the legislative usage. Predictability of the acts and legislative policy is the most problematic aspect of the legal certainty implementation in Ukraine.

The author of the dissertation "Effect of the European Union Directives: Aspects of Ensuring the Principle of Legal Certainty" analyses the doctrines of the effect of EU directives formulated by the Court of Justice of the European Union, identifies problems of their application in national court proceedings and provides suggestions regarding alternative regulation of the effect of directives. The research analyses the compliance of the rules on the effect of EU directives with the formal (predictability) and material (acceptability) aspects of legal certainty. The author carries out also an evaluation of the compliance of the norms of the Lithuanian civil and administrative procedure that are significant for ensuring the effectiveness of directives in national courts with the principle of legal certainty. The author arrives at a conclusion that the existing legal regulation may cause violations of the principle of legal certainty and provides suggestions for its improvement. In order to find out whether the effectiveness of the directives is ensured in national court proceedings, the case-law of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania in applying the rules of the effect of EU directives is investigated.

The author of the dissertation "Effect of the European Union Directives: Aspects of Ensuring the Principle of Legal Certainty" analyses the doctrines of the effect of EU directives formulated by the Court of Justice of the European Union, identifies problems of their application in national court proceedings and provides suggestions regarding alternative regulation of the effect of directives. The research analyses the compliance of the rules on the effect of EU directives with the formal (predictability) and material (acceptability) aspects of legal certainty. The author carries out also an evaluation of the compliance of the norms of the Lithuanian civil and administrative procedure that are significant for ensuring the effectiveness of directives in national courts with the principle of legal certainty. The author arrives at a conclusion that the existing legal regulation may cause violations of the principle of legal certainty and provides suggestions for its improvement. In order to find out whether the effectiveness of the directives is ensured in national court proceedings, the case-law of the Supreme Court of Lithuania and the Supreme Administrative Court of Lithuania in applying the rules of the effect of EU directives is investigated.

The ECJ Lucchini judgment is also analysed in the article as well as significance of its outcomes to the principle of res judicata in regard to the limitation of the latter. In the opinion of the author, this case does not raise the collision between legal certainty and a clear definition of res judicata, on the one side, and the supremacy and effectiveness of the EU law, on the other side. In this case the ECJ did not rely on the principles of effectiveness and equivalence, but it rather underlined the principle of supremacy and that state aid felt into the exclusive competence of the EU.I

The ECJ Lucchini judgment is also analysed in the article as well as significance of its outcomes to the principle of res judicata in regard to the limitation of the latter. In the opinion of the author, this case does not raise the collision between legal certainty and a clear definition of res judicata, on the one side, and the supremacy and effectiveness of the EU law, on the other side. In this case the ECJ did not rely on the principles of effectiveness and equivalence, but it rather underlined the principle of supremacy and that state aid felt into the exclusive competence of the EU.I

The ECJ Lucchini judgment is also analysed in the article as well as significance of its outcomes to the principle of res judicata in regard to the limitation of the latter. In the opinion of the author, this case does not raise the collision between legal certainty and a clear definition of res judicata, on the one side, and the supremacy and effectiveness of the EU law, on the other side. In this case the ECJ did not rely on the principles of effectiveness and equivalence, but it rather underlined the principle of supremacy and that state aid felt into the exclusive competence of the EU.I

The ECJ Lucchini judgment is also analysed in the article as well as significance of its outcomes to the principle of res judicata in regard to the limitation of the latter. In the opinion of the author, this case does not raise the collision between legal certainty and a clear definition of res judicata, on the one side, and the supremacy and effectiveness of the EU law, on the other side. In this case the ECJ did not rely on the principles of effectiveness and equivalence, but it rather underlined the principle of supremacy and that state aid felt into the exclusive competence of the EU.I

This thesis is devoted to special type of free movement of goods – parallel import and all problems related to it. It is special because of lack of regulation under European Community law. The implication is that the main objective of thesis is jurisprudence of European Court of Justice, which decisions are subject to regular changes. The great number of disputes that have arisen in the Common Market over past forty years point to a lack if certainty as to how intellectual property owners' rights are exhausted through use. Considering this the first part of thesis is dedicated to analysis of different doctrines of exhaustion and problems related to different types of goods movement. Further the chapter concerns the parallel import if medicaments – goods that are special because of particular attention from national authorities of member states that is through licensing system. Concentrating to particularities of exhaustion of intellectual property rights, the second chapter explains the grounds for legal start for parallel import. It should be noted that articles of EC Treaty and the Trade marks directive leaves in confusion because of lack of certainty how particular clauses needs to be explained. Further the chapter considers useful theories of intellectual property law, such as common origin doctrine, that the courts might have developed as a basis for evaluating all instances of parallel importation. In this chapter the problem with different level of protection of intellectual property in different member states is considered. Finally, the third chapter discusses problems related relabelling, repackaging and rebranding of goods moving through the Common Market. The main target for consideration is barriers established by national regulations, which creates price differences that promote both parallel barriers to that trade specifically and to the free movement of goods generally. The judicial response to these barriers has been to extend the exhaustion of rights doctrine, particular in the case of trade marks, to allow unauthorized alterations to packaging, where those alterations are necessary to give parallel goods access to national markets, is analyzed further.

This thesis is devoted to special type of free movement of goods – parallel import and all problems related to it. It is special because of lack of regulation under European Community law. The implication is that the main objective of thesis is jurisprudence of European Court of Justice, which decisions are subject to regular changes. The great number of disputes that have arisen in the Common Market over past forty years point to a lack if certainty as to how intellectual property owners' rights are exhausted through use. Considering this the first part of thesis is dedicated to analysis of different doctrines of exhaustion and problems related to different types of goods movement. Further the chapter concerns the parallel import if medicaments – goods that are special because of particular attention from national authorities of member states that is through licensing system. Concentrating to particularities of exhaustion of intellectual property rights, the second chapter explains the grounds for legal start for parallel import. It should be noted that articles of EC Treaty and the Trade marks directive leaves in confusion because of lack of certainty how particular clauses needs to be explained. Further the chapter considers useful theories of intellectual property law, such as common origin doctrine, that the courts might have developed as a basis for evaluating all instances of parallel importation. In this chapter the problem with different level of protection of intellectual property in different member states is considered. Finally, the third chapter discusses problems related relabelling, repackaging and rebranding of goods moving through the Common Market. The main target for consideration is barriers established by national regulations, which creates price differences that promote both parallel barriers to that trade specifically and to the free movement of goods generally. The judicial response to these barriers has been to extend the exhaustion of rights doctrine, particular in the case of trade marks, to allow unauthorized alterations to packaging, where those alterations are necessary to give parallel goods access to national markets, is analyzed further.

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.