Suchergebnisse

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

Civil-military relations in Lithuania have serious deficiencies, which have appeared because of the simulation of a recommended Western model of civilian control. After regaining Independence, Lithuania had the difficult task of creating its armed forces and system of national defence following the Western model. At the same time we had to implement two political programs: to create functio-ning armed forces and a institutional-legal system of democratic civil-military control. However, this control is not only proper laws and functioning institutions. Equally, an important role must be given to intellectual reflection, which enables the posing of questions such as: what is war; how is the character of war changing; how does this affect Lithuanian defence policies and the perception of threats? Raising such questions inside the armed forces and in wider political and civil society is an essential condition for having effective and flexible civilian control over the military.

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.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The research object of the dissertation is the legal regulation of judicial mediation in civil disputes in Lithuania. The identified object is approached from the perspective of consolidation of the main principals of judicial mediation and the guarantees for their application; the conducted research aims inter alia at identifying whether the legal regulation of judicial mediation in civil disputes is adequate for the peaceful settlement of disputes, inter alia, whether it entrenches the rules that consolidate the universal principles of judicial mediation – rules that are required in order this ADR procedure can be trusted and applied in practice, and whether it creates preconditions for their application. The selected problematic is analysed in the dissertation also from the international perspective, i.e. with respect to the relevant experience of foreign countries and of the European Union. The peculiarities of the model of judicial mediation in civil disputes introduced into the Lithuanian legal system are also identified on the basis of the conducted research.

The research object of the dissertation is the legal regulation of judicial mediation in civil disputes in Lithuania. The identified object is approached from the perspective of consolidation of the main principals of judicial mediation and the guarantees for their application; the conducted research aims inter alia at identifying whether the legal regulation of judicial mediation in civil disputes is adequate for the peaceful settlement of disputes, inter alia, whether it entrenches the rules that consolidate the universal principles of judicial mediation – rules that are required in order this ADR procedure can be trusted and applied in practice, and whether it creates preconditions for their application. The selected problematic is analysed in the dissertation also from the international perspective, i.e. with respect to the relevant experience of foreign countries and of the European Union. The peculiarities of the model of judicial mediation in civil disputes introduced into the Lithuanian legal system are also identified on the basis of the conducted research.

The article offers an attempt to reconstruct the concept of civic society and, with the help of new instrumentation, to analyze the dilemmas of the appearance and development of the civic society in Lithuania. In the concept of the civic society, the emphasis on its non-political and self-building character predominates. The basic motive of the attempt to reconstruct the civic society, as presented in the article, accentuates the necessity of the appearance of the political component in the civic society. The political connections of the civic society have been labeled as sub-politics or non-state politics. Not only the potential of the political connections of the civic society, but also their limits have been analyzed: the civic society is able not only to take over some of the state functions that are managed inefficiently, but, by doing it in a resolute way, to stimulate the society's fragmentation. It has also been emphasized that the concept of the civic society implies two not identical, but simultaneous actions: the civic society is not built by the state "from above", however, it is not the result of a mere selfbuilding process, either. […]