Suchergebnisse

The study of problems that are associated with the realization of human rights and freedoms is always relevant since their implementation affects the immediate vital interests of the individual. A special role is played by ensuring human rights and freedoms, mechanisms and procedures for their protection, that is corresponding positive and negative obligations of the state. We believe that civil and political rights of a person, usually characterized as negative rights, cannot be ensured only by negative obligations of the state. To ensure them, States still need to assume corresponding positive obligations, the proper fulfillment of which directly affects the effectiveness of ensuring guaranteed human rights and fundamental freedoms. In this regard the study of the positive obligations of the states of the European Union in the field of ensuring political and civil rights is relevant. The object of the master's work is public relations that arise in connection with the implementation of positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of European Union law. The purpose of the master's work is to analyze the peculiarities of the positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of the European Union law. Tasks of the master's work: 1) to analyze the sources of the main political and civil rights of citizens of the European Union; 2) to characterize the system and content of basic political and civil rights; 3) to give a definition and to consider the ratio of positive and negative obligations of states; 4) to give a definition and to characterize the scope of application of the positive obligations of a state in the field of ensuring the political and civil rights of citizens under the European Convention; 5) to analyze the problem of ensuring the political and civil rights of citizens of the European Union and their judicial protection; 6) to determine the responsibility of states for violation of obligations in the field of human rights protection in European law. There were used dialectical, historical methods, the methods of formal logic, the comparative legal method, the system method and other methods of cognition. The sources of the basic political and civil rights of citizens of the European Union have been established. Among them there are the documents adopted before the creation of the European Union and the documents of the European Union. The problem of the implementation of modern legal standards in the field of human rights has been revealed. The system and content of the basic political and civil rights of citizens of the European Union are considered. The ratio of positive and negative obligations of states is considered. It has been revealed that not only negative, but also positive obligations of states are required to ensure negative rights. The specific positive obligations of states to ensure civil and political rights are considered, the examples are supported by judicial practice. It has been revealed that the state has a triad of obligations in the field of human rights: obligations to respect, obligations to provide and obligations to protect. The principle of the responsibility to protect includes the following obligations: the obligation to prevent; the obligation to respond; the obligation to recover. Some scholars add the obligation to punish the guilty. It has been established that the responsibility of a state for harsh and massive violations of human rights arises before the international community as a whole. On this basis all states can demand the cessation of these violations and the provision of appropriate compensation to their victims making appropriate claims against the violating state. The scientific novelty of the study lies in the fact that it is a complex scientific work, in which a theoretical study of the relationship between positive and negative obligations of states is carried out, as well as specific positive obligations of states to ensure civil and political rights. The master's work can be useful to researchers, lecturers, lawyers and students.

The study of problems that are associated with the realization of human rights and freedoms is always relevant since their implementation affects the immediate vital interests of the individual. A special role is played by ensuring human rights and freedoms, mechanisms and procedures for their protection, that is corresponding positive and negative obligations of the state. We believe that civil and political rights of a person, usually characterized as negative rights, cannot be ensured only by negative obligations of the state. To ensure them, States still need to assume corresponding positive obligations, the proper fulfillment of which directly affects the effectiveness of ensuring guaranteed human rights and fundamental freedoms. In this regard the study of the positive obligations of the states of the European Union in the field of ensuring political and civil rights is relevant. The object of the master's work is public relations that arise in connection with the implementation of positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of European Union law. The purpose of the master's work is to analyze the peculiarities of the positive obligations of the states of the European Union in the field of ensuring political and civil rights at the international level and the level of the European Union law. Tasks of the master's work: 1) to analyze the sources of the main political and civil rights of citizens of the European Union; 2) to characterize the system and content of basic political and civil rights; 3) to give a definition and to consider the ratio of positive and negative obligations of states; 4) to give a definition and to characterize the scope of application of the positive obligations of a state in the field of ensuring the political and civil rights of citizens under the European Convention; 5) to analyze the problem of ensuring the political and civil rights of citizens of the European Union and their judicial protection; 6) to determine the responsibility of states for violation of obligations in the field of human rights protection in European law. There were used dialectical, historical methods, the methods of formal logic, the comparative legal method, the system method and other methods of cognition. The sources of the basic political and civil rights of citizens of the European Union have been established. Among them there are the documents adopted before the creation of the European Union and the documents of the European Union. The problem of the implementation of modern legal standards in the field of human rights has been revealed. The system and content of the basic political and civil rights of citizens of the European Union are considered. The ratio of positive and negative obligations of states is considered. It has been revealed that not only negative, but also positive obligations of states are required to ensure negative rights. The specific positive obligations of states to ensure civil and political rights are considered, the examples are supported by judicial practice. It has been revealed that the state has a triad of obligations in the field of human rights: obligations to respect, obligations to provide and obligations to protect. The principle of the responsibility to protect includes the following obligations: the obligation to prevent; the obligation to respond; the obligation to recover. Some scholars add the obligation to punish the guilty. It has been established that the responsibility of a state for harsh and massive violations of human rights arises before the international community as a whole. On this basis all states can demand the cessation of these violations and the provision of appropriate compensation to their victims making appropriate claims against the violating state. The scientific novelty of the study lies in the fact that it is a complex scientific work, in which a theoretical study of the relationship between positive and negative obligations of states is carried out, as well as specific positive obligations of states to ensure civil and political rights. The master's work can be useful to researchers, lecturers, lawyers and students.

This master paper presents the analysis of the collective defence of civil servants' rights and interests in the civil service in theory and in practice. The concept of a civil servant and its kinds are defined at the beginning of the research that in the most common meaning determine the scope of the collective advocacy rights as well as the restrictions applied to them. The right of civil servants to join the organisations which is viewed as a necessary presumption of collective bargaining is discussed in great detail. Moreover, the peculiarities of legal regulations of the right to join the organisations are pointed out at national and international levels. The distinctive features of social partnerships as an implementation of effective means of interest adjustment in the civil service are analysed in this study whereas the forms of social partnership implementation are discussed separately. The presumptions of the development of a social dialogue in the civil service are discussed while highlighting the necessity of the implementation of information and consultation procedures in the civil service with the view to appropriate and efficient advocacy of the civil servant rights and interests. The problems and tendencies of collective bargaining regarding the conclusion of collective agreements in the civil service are also set out and discussed. Collective work disagreements that arose in the civil service are viewed and the resolution methods as well as proposed suggestions regarding the development of positive methods are presented in this paper while tackling collective work disagreements in the civil service.

This master paper presents the analysis of the collective defence of civil servants' rights and interests in the civil service in theory and in practice. The concept of a civil servant and its kinds are defined at the beginning of the research that in the most common meaning determine the scope of the collective advocacy rights as well as the restrictions applied to them. The right of civil servants to join the organisations which is viewed as a necessary presumption of collective bargaining is discussed in great detail. Moreover, the peculiarities of legal regulations of the right to join the organisations are pointed out at national and international levels. The distinctive features of social partnerships as an implementation of effective means of interest adjustment in the civil service are analysed in this study whereas the forms of social partnership implementation are discussed separately. The presumptions of the development of a social dialogue in the civil service are discussed while highlighting the necessity of the implementation of information and consultation procedures in the civil service with the view to appropriate and efficient advocacy of the civil servant rights and interests. The problems and tendencies of collective bargaining regarding the conclusion of collective agreements in the civil service are also set out and discussed. Collective work disagreements that arose in the civil service are viewed and the resolution methods as well as proposed suggestions regarding the development of positive methods are presented in this paper while tackling collective work disagreements in the civil service.

Lithuania as well as many European countries has implemented in the new civil code the pluralistic civil relations of objects to the doctrine of assigning property rights. This paper analyzes the specific assignment transaction - sale and purchase agreement of succession rights. The transaction problem areas are the following: limits of the transfer of succession rights, responsibility for the debts of the deceased, sale of status of the successor, documents which confirms the property rights for the purchaser of succsession rights, also discussed the assumptions to assess the agreement as having the element of risk. The same sale and purchase agreement of succession rights makes it easy for the successor position in respect of the disposition of those rights. However, it is rarely applied due to lack of analysis of its legal practice. The paper expressed the view that the successor rights of the sale and purchase agreement of succession rights is transferred to the heir to the legacy which has adopted a subjective property right, the object - the right of successor - legacy as property complexes, seen as an integrated set of rights and obligations, recognized as an intangible asset that can be transferred to the right of succession certificate. It is also very important for left-making process, which depends on the successor rights of the buyer's responsibility for the debts of the deceased. The paper criticizes the nascent Lithuanian case law that does not recognize the possibility of transfer of rights of successor belonging to the heir to part of the succession or assignment providing access to inherited wealth sharing. Choose the methods in the work resulted of a multitude of contemporary as well as - possibly in the future emerging issues in practice patterns, the actual examples of compelling. The scientific basis of the methodology in question tried to identify the successor rights of purchase and sale of legal relations in the interpretation and application problems, propose effective solutions to their civil rights not only in implementing the rules of civil turnover participants, disputes the courts which deal with, but the legislature also.

Lithuania as well as many European countries has implemented in the new civil code the pluralistic civil relations of objects to the doctrine of assigning property rights. This paper analyzes the specific assignment transaction - sale and purchase agreement of succession rights. The transaction problem areas are the following: limits of the transfer of succession rights, responsibility for the debts of the deceased, sale of status of the successor, documents which confirms the property rights for the purchaser of succsession rights, also discussed the assumptions to assess the agreement as having the element of risk. The same sale and purchase agreement of succession rights makes it easy for the successor position in respect of the disposition of those rights. However, it is rarely applied due to lack of analysis of its legal practice. The paper expressed the view that the successor rights of the sale and purchase agreement of succession rights is transferred to the heir to the legacy which has adopted a subjective property right, the object - the right of successor - legacy as property complexes, seen as an integrated set of rights and obligations, recognized as an intangible asset that can be transferred to the right of succession certificate. It is also very important for left-making process, which depends on the successor rights of the buyer's responsibility for the debts of the deceased. The paper criticizes the nascent Lithuanian case law that does not recognize the possibility of transfer of rights of successor belonging to the heir to part of the succession or assignment providing access to inherited wealth sharing. Choose the methods in the work resulted of a multitude of contemporary as well as - possibly in the future emerging issues in practice patterns, the actual examples of compelling. The scientific basis of the methodology in question tried to identify the successor rights of purchase and sale of legal relations in the interpretation and application problems, propose effective solutions to their civil rights not only in implementing the rules of civil turnover participants, disputes the courts which deal with, but the legislature also.

This article is devoted to investigation of problems of implementation of article 6 of the European Convention on Human Rights. On the basis of the social research carried out by the author a presumption has been made that the legislative endows certain social privileges, marks officers of statutory institutions out of other social groups, however, does not give enough attention as to their human and civil rights. The article comprehensively analyses officers' right to defence, moral support during disciplinary proceedings, in when imposing of statutory reprimands (sanctions). A distinguishing feature of the 21st century is united and democratic Europe where fundamental democratic values, supremacy of law and human rights, are respected. Due to peculiarities of institution activities officers inevitably encounter restrictions of their civil rights, although provisions of the Convention are supposed to be fully applied towards them and problems of their implementation are to be solved on the basis of legal acts and recommendations of the community law. Thus, when implementing human rights in internal administration of statutory institutions, it is needed to solve controversial questions where unified powers of scientists and experts of public administration are necessary.

This article is devoted to investigation of problems of implementation of article 6 of the European Convention on Human Rights. On the basis of the social research carried out by the author a presumption has been made that the legislative endows certain social privileges, marks officers of statutory institutions out of other social groups, however, does not give enough attention as to their human and civil rights. The article comprehensively analyses officers' right to defence, moral support during disciplinary proceedings, in when imposing of statutory reprimands (sanctions). A distinguishing feature of the 21st century is united and democratic Europe where fundamental democratic values, supremacy of law and human rights, are respected. Due to peculiarities of institution activities officers inevitably encounter restrictions of their civil rights, although provisions of the Convention are supposed to be fully applied towards them and problems of their implementation are to be solved on the basis of legal acts and recommendations of the community law. Thus, when implementing human rights in internal administration of statutory institutions, it is needed to solve controversial questions where unified powers of scientists and experts of public administration are necessary.

The object of the work is issues and problems which occur within the jurisdiction of the Republic of Lithuania. In parallel, civil law systems of other traditional continental European legal states as well as traditional common law states are analyzed, in order to perform more thoughtful research. This work scrutinizes the economic rights in civil circulation that are most commonly transferred, i.e. sold, to the property of third parties. According to the legal nature and essence of economic rights, which could be independent objects of civil rights, four groups of rights are distinguished: (1) obligatory rights (creditor's right to claim the right to lease); (2) property rights, which are not transferred to the buyer along with the rights that constitute the content of ownership rights, i.e. rights of hypothec and mortgage; (3) rights of intellectual property and (4) rights of succession (inheritance). In the work, most attention is paid to the institute of sale of creditor's right to claim from a debtor, distinguishing factoring, a special financing agreement under which only monetary demands are transferred for the entitled creditor (the factor). It must be noted that the author conducted a systematic analysis of the financial turnover of all four mentioned economic rights groups. On the basis of the analysis, relationships between different principles of sale of rights contracts, their execution and invalidity are considered. It is also detected that important connections exist among the prima facie discontiguous norms of the economic rights institutes. Selected methods of analysis determined many contemporary practical problem models as well as issues that could occur in the future, and presented some actual and compelling examples. Foreign and Lithuanian national civil law resources are used for the implementation of the comparison method. Based on this scientific methodology, it is attempted to identify the problems of interpretation and application of the legal relationships of economic rights selling and suggest effective solutions not only for the persons who are entitled to exercise civil law rules, or the courts or arbitrations, but also to the legislature.

The object of the work is issues and problems which occur within the jurisdiction of the Republic of Lithuania. In parallel, civil law systems of other traditional continental European legal states as well as traditional common law states are analyzed, in order to perform more thoughtful research. This work scrutinizes the economic rights in civil circulation that are most commonly transferred, i.e. sold, to the property of third parties. According to the legal nature and essence of economic rights, which could be independent objects of civil rights, four groups of rights are distinguished: (1) obligatory rights (creditor's right to claim the right to lease); (2) property rights, which are not transferred to the buyer along with the rights that constitute the content of ownership rights, i.e. rights of hypothec and mortgage; (3) rights of intellectual property and (4) rights of succession (inheritance). In the work, most attention is paid to the institute of sale of creditor's right to claim from a debtor, distinguishing factoring, a special financing agreement under which only monetary demands are transferred for the entitled creditor (the factor). It must be noted that the author conducted a systematic analysis of the financial turnover of all four mentioned economic rights groups. On the basis of the analysis, relationships between different principles of sale of rights contracts, their execution and invalidity are considered. It is also detected that important connections exist among the prima facie discontiguous norms of the economic rights institutes. Selected methods of analysis determined many contemporary practical problem models as well as issues that could occur in the future, and presented some actual and compelling examples. Foreign and Lithuanian national civil law resources are used for the implementation of the comparison method. Based on this scientific methodology, it is attempted to identify the problems of interpretation and application of the legal relationships of economic rights selling and suggest effective solutions not only for the persons who are entitled to exercise civil law rules, or the courts or arbitrations, but also to the legislature.

This master paper presents the research of peculiarities of civil servants right to join trade unions. We also individually analysed peculiarities of this right for statutory servants and for members of armed forces. The concept and the contents of the right of civil servants to join trade unions are determined at the beginning of the research. We present the analysis of international law regulation of this right: the research of conventions initiated by The International Labour Organization, reports of the ILO's Committee on Freedom of Association, the conclusions of the Committees of Experts, the European Social Charter and the conclusions of European Committee of Social Rights. An investigation of national law legislation of the right of civil servants to join trade unions and it's fulfilment to international law regulations was conducted in this study. We discussed opportunities and peculiarities of collective bargaining in civil service. The analysis of strike opportunities for civil servants is presented as well as prohibition of this right to statutory servants.

This master paper presents the research of peculiarities of civil servants right to join trade unions. We also individually analysed peculiarities of this right for statutory servants and for members of armed forces. The concept and the contents of the right of civil servants to join trade unions are determined at the beginning of the research. We present the analysis of international law regulation of this right: the research of conventions initiated by The International Labour Organization, reports of the ILO's Committee on Freedom of Association, the conclusions of the Committees of Experts, the European Social Charter and the conclusions of European Committee of Social Rights. An investigation of national law legislation of the right of civil servants to join trade unions and it's fulfilment to international law regulations was conducted in this study. We discussed opportunities and peculiarities of collective bargaining in civil service. The analysis of strike opportunities for civil servants is presented as well as prohibition of this right to statutory servants.

Contracts of Services: the Civil Code Compared to the Draft Common Frame of Reference Service contracts - legal instrument often used in civil relations which seeks to establish set-off obligations between the provider and client. Despite the daily consumption of services, this institute is considered one of the obligations and civil rights and obligations incurred, and thus has jurisdiction over isolated in a separate section of the regulation. However, as is seen from the master work of analysis, the Service Agreement has a complex structure and there is no universal service contract term definition. Therefore, often a dispute arises between contractors, interpreting the mutual rights and obligations. Master's thesis analyzed on the basis of these services contractual relationship governing sources: the Civil Code and the Draft Common Frame of Reference. Analysis carried out a comparative approach, comparing the contract service provisions of the Civil Code with the provisions of Draft Common Frame of Reference. The paper compares the provisions governing the concept of a service contract, the parties' relationship, service and price of the service contract to fulfill the legal consequences. This analysis shows that most of the Civil Code and Draft Common Frame of Reference provisions essentially are the same. this was of great importance to unify European Union Member States legal regulation. However, there are many significant differences that occur, for example, an object of the service contract institute or any other character.

Contracts of Services: the Civil Code Compared to the Draft Common Frame of Reference Service contracts - legal instrument often used in civil relations which seeks to establish set-off obligations between the provider and client. Despite the daily consumption of services, this institute is considered one of the obligations and civil rights and obligations incurred, and thus has jurisdiction over isolated in a separate section of the regulation. However, as is seen from the master work of analysis, the Service Agreement has a complex structure and there is no universal service contract term definition. Therefore, often a dispute arises between contractors, interpreting the mutual rights and obligations. Master's thesis analyzed on the basis of these services contractual relationship governing sources: the Civil Code and the Draft Common Frame of Reference. Analysis carried out a comparative approach, comparing the contract service provisions of the Civil Code with the provisions of Draft Common Frame of Reference. The paper compares the provisions governing the concept of a service contract, the parties' relationship, service and price of the service contract to fulfill the legal consequences. This analysis shows that most of the Civil Code and Draft Common Frame of Reference provisions essentially are the same. this was of great importance to unify European Union Member States legal regulation. However, there are many significant differences that occur, for example, an object of the service contract institute or any other character.

The article discloses that the modern prevalent consciousness of the society (ideology and psychology) predetermines that human rights and freedoms are the most importand value of the modern world.