Suchergebnisse

The aim of the Master thesis was to investigate is the compensation for damages arising from land servitude established by an administrative act not in breach of the just compensation principle in the Republic of Lithuania. The investigation was accomplished by analysis of related legal doctrine, valid legal regulation and case law. For the purpose of objective conclusions and recommendations for mentioned theme in the Republic of Lithuania also the compensation for damages arising from society beneficial land servitude was estimated by the specific examples in the case of the European Union. The first part of the Master thesis revealed that land servitude established by an administrative act is the pattern of ownership limiting while the expropriation is used in case of need to limit ownership in level that disproves its essence and means a loss of ownership. Despite differences the both legal institutions are possible to establish only in circumstances of society beneficial and objective based need, for instance to build infrastructure objects for public use, when the public interest appears. In such circumstances the subject of public administration enacts a decision for ownership limitation or loss and that determines administrative legal relations between legal parties. The conceptions of expropriation and servitude, i. e. land servitude established by an administrative act, are dual especially by different positions of legal parties when one legal party acquires particular rights whereas another legal party loses such rights or faces it limiting. This dualism inter alia is the reason of legal provided possibility to compensate damages arising from expropriation and servitude. In the Republic of Lithuania in case of expropriation damages are being compensated in compliance with the just compensation principle. The conception of this principle is the objective to restore person's lost status and ensure the balance of rights and legitimate interests between all interested parties in legal relations. After analysis done in the second part of the Master thesis it must be stated that legal regulations, which are in force in the Republic of Lithuania, determine that damages arising from land servitude established by an administrative act can be compensated only by destroyed crops, plantation, felled timber market value and loss of lost possibility to use the whole land parcel or part of it by its basic purpose, manner and (or) nature. That does not refer to duration of servitude, loss of market value in land parcel part without servitude and other criterions causing damages while calculating compensation so that is the reason why the compensation for damages arising from land servitude established by an administrative act conflicts with real or close to real damages. According to the case law of the Supreme Court of Lithuania, in circumstances of civil legal relations damages arising from land servitude are being compensated in compliance with the just compensation principle. Damages arising from land servitude established by an administrative act would be justifiable to compensate not in compliance with the just compensation principle in case of the Supreme Administrative Court of Lithuania proved that compliance with the just compensation principle would be breach of public interest or other protected valuables, indicated other important justifiable circumstances. In absence from such circumstances it must be stated that persons who suffer damages arising from land servitude established by an administrative act should be treated equally to those, who suffer damages arising from expropriation or those, who suffer damages arising from land servitude in circumstances of civil legal relations – as having the right to just compensation. The compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania can be characterized as tentative because of relation only to three circumstances of damage rise. In consideration of valid legal provisions, case law and legal principles it must be stated that the compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania is in breach of the just compensation principle. After estimation patterns from abroad in the third part of the Master thesis it must be stated that in the Republic of Latvia damages arising from public infrastructure beneficial land servitude are being compensated with reference to reduction of property value, current loss of investment and paper profit. In this state different attitude from existing in the Republic of Lithuania prevails – the circumstance that ownership is limited by installation, construction or development of society significant objects determines higher protection of ownership, which appears as the right of restricted land owner to compensation equivalent or close to equivalent damages. In the Republic of Poland land servitude revealing public interest, for instance land servitude for infrastructure projects, is accomplished by enactmend of an administrative decision on expropriation, therefore it falls into the scope of expropriation institution. In such circumstances damages are being compensated by market value of deprived or limited ownership in accordance with prospective variations of that market value in the future. That does not conform to condition in the Republic of Lithuania. In the Republic of Poland by analysed situation with some important exceptions compensation for damages prevails equivalent or close to equivalent damages, so that can be estimated as in conformity with standards of justice. If the competent authority limits by servitude land owner's ownership for the purpose of public interest in the Netherlands (the European part of the Kingdom of the Netherlands with three special municipalities of the Netherlands located in the Caribbean), landowner of private property has the right to full compensation as well as in case of expropriation. That supposes basically the same estimation of consequences that may result from these two legal institutions, but does not conform to judical opinion in the Republic of Lithuania. Full compensation is considered as equivalent to landowner's losses including not only direct losses, but also additional related expenditures, so that comply with the just compensation principle. It must be stated that in all three cases of the European Union damages arising from society beneficial land servitude, contrary to the Republic of Lithuania, are being compensated in compliance with the just compensation principle.

The aim of the Master thesis was to investigate is the compensation for damages arising from land servitude established by an administrative act not in breach of the just compensation principle in the Republic of Lithuania. The investigation was accomplished by analysis of related legal doctrine, valid legal regulation and case law. For the purpose of objective conclusions and recommendations for mentioned theme in the Republic of Lithuania also the compensation for damages arising from society beneficial land servitude was estimated by the specific examples in the case of the European Union. The first part of the Master thesis revealed that land servitude established by an administrative act is the pattern of ownership limiting while the expropriation is used in case of need to limit ownership in level that disproves its essence and means a loss of ownership. Despite differences the both legal institutions are possible to establish only in circumstances of society beneficial and objective based need, for instance to build infrastructure objects for public use, when the public interest appears. In such circumstances the subject of public administration enacts a decision for ownership limitation or loss and that determines administrative legal relations between legal parties. The conceptions of expropriation and servitude, i. e. land servitude established by an administrative act, are dual especially by different positions of legal parties when one legal party acquires particular rights whereas another legal party loses such rights or faces it limiting. This dualism inter alia is the reason of legal provided possibility to compensate damages arising from expropriation and servitude. In the Republic of Lithuania in case of expropriation damages are being compensated in compliance with the just compensation principle. The conception of this principle is the objective to restore person's lost status and ensure the balance of rights and legitimate interests between all interested parties in legal relations. After analysis done in the second part of the Master thesis it must be stated that legal regulations, which are in force in the Republic of Lithuania, determine that damages arising from land servitude established by an administrative act can be compensated only by destroyed crops, plantation, felled timber market value and loss of lost possibility to use the whole land parcel or part of it by its basic purpose, manner and (or) nature. That does not refer to duration of servitude, loss of market value in land parcel part without servitude and other criterions causing damages while calculating compensation so that is the reason why the compensation for damages arising from land servitude established by an administrative act conflicts with real or close to real damages. According to the case law of the Supreme Court of Lithuania, in circumstances of civil legal relations damages arising from land servitude are being compensated in compliance with the just compensation principle. Damages arising from land servitude established by an administrative act would be justifiable to compensate not in compliance with the just compensation principle in case of the Supreme Administrative Court of Lithuania proved that compliance with the just compensation principle would be breach of public interest or other protected valuables, indicated other important justifiable circumstances. In absence from such circumstances it must be stated that persons who suffer damages arising from land servitude established by an administrative act should be treated equally to those, who suffer damages arising from expropriation or those, who suffer damages arising from land servitude in circumstances of civil legal relations – as having the right to just compensation. The compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania can be characterized as tentative because of relation only to three circumstances of damage rise. In consideration of valid legal provisions, case law and legal principles it must be stated that the compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania is in breach of the just compensation principle. After estimation patterns from abroad in the third part of the Master thesis it must be stated that in the Republic of Latvia damages arising from public infrastructure beneficial land servitude are being compensated with reference to reduction of property value, current loss of investment and paper profit. In this state different attitude from existing in the Republic of Lithuania prevails – the circumstance that ownership is limited by installation, construction or development of society significant objects determines higher protection of ownership, which appears as the right of restricted land owner to compensation equivalent or close to equivalent damages. In the Republic of Poland land servitude revealing public interest, for instance land servitude for infrastructure projects, is accomplished by enactmend of an administrative decision on expropriation, therefore it falls into the scope of expropriation institution. In such circumstances damages are being compensated by market value of deprived or limited ownership in accordance with prospective variations of that market value in the future. That does not conform to condition in the Republic of Lithuania. In the Republic of Poland by analysed situation with some important exceptions compensation for damages prevails equivalent or close to equivalent damages, so that can be estimated as in conformity with standards of justice. If the competent authority limits by servitude land owner's ownership for the purpose of public interest in the Netherlands (the European part of the Kingdom of the Netherlands with three special municipalities of the Netherlands located in the Caribbean), landowner of private property has the right to full compensation as well as in case of expropriation. That supposes basically the same estimation of consequences that may result from these two legal institutions, but does not conform to judical opinion in the Republic of Lithuania. Full compensation is considered as equivalent to landowner's losses including not only direct losses, but also additional related expenditures, so that comply with the just compensation principle. It must be stated that in all three cases of the European Union damages arising from society beneficial land servitude, contrary to the Republic of Lithuania, are being compensated in compliance with the just compensation principle.

The aim of the Master thesis was to investigate is the compensation for damages arising from land servitude established by an administrative act not in breach of the just compensation principle in the Republic of Lithuania. The investigation was accomplished by analysis of related legal doctrine, valid legal regulation and case law. For the purpose of objective conclusions and recommendations for mentioned theme in the Republic of Lithuania also the compensation for damages arising from society beneficial land servitude was estimated by the specific examples in the case of the European Union. The first part of the Master thesis revealed that land servitude established by an administrative act is the pattern of ownership limiting while the expropriation is used in case of need to limit ownership in level that disproves its essence and means a loss of ownership. Despite differences the both legal institutions are possible to establish only in circumstances of society beneficial and objective based need, for instance to build infrastructure objects for public use, when the public interest appears. In such circumstances the subject of public administration enacts a decision for ownership limitation or loss and that determines administrative legal relations between legal parties. The conceptions of expropriation and servitude, i. e. land servitude established by an administrative act, are dual especially by different positions of legal parties when one legal party acquires particular rights whereas another legal party loses such rights or faces it limiting. This dualism inter alia is the reason of legal provided possibility to compensate damages arising from expropriation and servitude. In the Republic of Lithuania in case of expropriation damages are being compensated in compliance with the just compensation principle. The conception of this principle is the objective to restore person's lost status and ensure the balance of rights and legitimate interests between all interested parties in legal relations. After analysis done in the second part of the Master thesis it must be stated that legal regulations, which are in force in the Republic of Lithuania, determine that damages arising from land servitude established by an administrative act can be compensated only by destroyed crops, plantation, felled timber market value and loss of lost possibility to use the whole land parcel or part of it by its basic purpose, manner and (or) nature. That does not refer to duration of servitude, loss of market value in land parcel part without servitude and other criterions causing damages while calculating compensation so that is the reason why the compensation for damages arising from land servitude established by an administrative act conflicts with real or close to real damages. According to the case law of the Supreme Court of Lithuania, in circumstances of civil legal relations damages arising from land servitude are being compensated in compliance with the just compensation principle. Damages arising from land servitude established by an administrative act would be justifiable to compensate not in compliance with the just compensation principle in case of the Supreme Administrative Court of Lithuania proved that compliance with the just compensation principle would be breach of public interest or other protected valuables, indicated other important justifiable circumstances. In absence from such circumstances it must be stated that persons who suffer damages arising from land servitude established by an administrative act should be treated equally to those, who suffer damages arising from expropriation or those, who suffer damages arising from land servitude in circumstances of civil legal relations – as having the right to just compensation. The compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania can be characterized as tentative because of relation only to three circumstances of damage rise. In consideration of valid legal provisions, case law and legal principles it must be stated that the compensation for damages arising from land servitude established by an administrative act in the Republic of Lithuania is in breach of the just compensation principle. After estimation patterns from abroad in the third part of the Master thesis it must be stated that in the Republic of Latvia damages arising from public infrastructure beneficial land servitude are being compensated with reference to reduction of property value, current loss of investment and paper profit. In this state different attitude from existing in the Republic of Lithuania prevails – the circumstance that ownership is limited by installation, construction or development of society significant objects determines higher protection of ownership, which appears as the right of restricted land owner to compensation equivalent or close to equivalent damages. In the Republic of Poland land servitude revealing public interest, for instance land servitude for infrastructure projects, is accomplished by enactmend of an administrative decision on expropriation, therefore it falls into the scope of expropriation institution. In such circumstances damages are being compensated by market value of deprived or limited ownership in accordance with prospective variations of that market value in the future. That does not conform to condition in the Republic of Lithuania. In the Republic of Poland by analysed situation with some important exceptions compensation for damages prevails equivalent or close to equivalent damages, so that can be estimated as in conformity with standards of justice. If the competent authority limits by servitude land owner's ownership for the purpose of public interest in the Netherlands (the European part of the Kingdom of the Netherlands with three special municipalities of the Netherlands located in the Caribbean), landowner of private property has the right to full compensation as well as in case of expropriation. That supposes basically the same estimation of consequences that may result from these two legal institutions, but does not conform to judical opinion in the Republic of Lithuania. Full compensation is considered as equivalent to landowner's losses including not only direct losses, but also additional related expenditures, so that comply with the just compensation principle. It must be stated that in all three cases of the European Union damages arising from society beneficial land servitude, contrary to the Republic of Lithuania, are being compensated in compliance with the just compensation principle.

This article discusses the concept of environmental compensation and provides the examples of environmental compensation practices in various European Union countries. The principle of environmental compensation is to avoid, minimize, restore or compensate the damage to the biodiversity due to human activities, however in practice it is almost impossible to achieve no net loss to the biodiversity. European Union has issued Directive that established the principles of environmental compensation already in 2004, however until now the practices of environmental compensation in European Union countries are very fragmented. The implementation of environmental compensation principles in urban development is constrained mainly by factors such as lack of space, and the complexity of environments that are affected. There is a lack of integrated approach towards the strategies how environmental compensation should be implemented in the planning of various projects that have impact upon biodiversity. Furthermore, there is a lack of holistic approach towards the nature in legislation and practices of environmental compensation, as usually focus of instruments is on specific parts of natural environment. Ideally, the principles of environmental compensation should be an integral part of national strategies of sustainable development.

This article discusses the concept of environmental compensation and provides the examples of environmental compensation practices in various European Union countries. The principle of environmental compensation is to avoid, minimize, restore or compensate the damage to the biodiversity due to human activities, however in practice it is almost impossible to achieve no net loss to the biodiversity. European Union has issued Directive that established the principles of environmental compensation already in 2004, however until now the practices of environmental compensation in European Union countries are very fragmented. The implementation of environmental compensation principles in urban development is constrained mainly by factors such as lack of space, and the complexity of environments that are affected. There is a lack of integrated approach towards the strategies how environmental compensation should be implemented in the planning of various projects that have impact upon biodiversity. Furthermore, there is a lack of holistic approach towards the nature in legislation and practices of environmental compensation, as usually focus of instruments is on specific parts of natural environment. Ideally, the principles of environmental compensation should be an integral part of national strategies of sustainable development.

This article discusses the concept of environmental compensation and provides the examples of environmental compensation practices in various European Union countries. The principle of environmental compensation is to avoid, minimize, restore or compensate the damage to the biodiversity due to human activities, however in practice it is almost impossible to achieve no net loss to the biodiversity. European Union has issued Directive that established the principles of environmental compensation already in 2004, however until now the practices of environmental compensation in European Union countries are very fragmented. The implementation of environmental compensation principles in urban development is constrained mainly by factors such as lack of space, and the complexity of environments that are affected. There is a lack of integrated approach towards the strategies how environmental compensation should be implemented in the planning of various projects that have impact upon biodiversity. Furthermore, there is a lack of holistic approach towards the nature in legislation and practices of environmental compensation, as usually focus of instruments is on specific parts of natural environment. Ideally, the principles of environmental compensation should be an integral part of national strategies of sustainable development.

This article discusses the concept of environmental compensation and provides the examples of environmental compensation practices in various European Union countries. The principle of environmental compensation is to avoid, minimize, restore or compensate the damage to the biodiversity due to human activities, however in practice it is almost impossible to achieve no net loss to the biodiversity. European Union has issued Directive that established the principles of environmental compensation already in 2004, however until now the practices of environmental compensation in European Union countries are very fragmented. The implementation of environmental compensation principles in urban development is constrained mainly by factors such as lack of space, and the complexity of environments that are affected. There is a lack of integrated approach towards the strategies how environmental compensation should be implemented in the planning of various projects that have impact upon biodiversity. Furthermore, there is a lack of holistic approach towards the nature in legislation and practices of environmental compensation, as usually focus of instruments is on specific parts of natural environment. Ideally, the principles of environmental compensation should be an integral part of national strategies of sustainable development.

Researched problem and relevance of the paper. In the second half of the 198th century the concept of medicine as art was finally refused: achievements of the science of medicine allowed to explain physiological processes, revealed the reasons of many pathological processes, quickly developed technologies granted a possibility not only observe all functions of an organism, nut frequently – to control them as well. On one hand, rapid development of the science of medicine and practice determined an obvious improvement of health indicators (decrease of babies' mortality, extension of average lifetime), on the other hand, it has to be admitted that possibilities to control the treatment process and to achieve the desired result are limited . Application of nanotechnologies and genes engineering in medicine aroused the problems of the preservation of the identity of an individual, therefore it had to be discussed anew the nature and essence and the effectiveness of the means ensuring the protection of patients' rights including the effectiveness of legal instruments. The topic of the regulation of patients' rights and duties and the effectiveness of the provided legal protection are determined by the following factors: multiplicity and complexity of the relationship of the physician and patient, frequent ethnical problems arising during treatment and examination, fragmentary regulation of the relationship of physician and patient at the national level and abundant non-codified so-called soft law norms, the participation of the state which provided social guarantees to patients in the relationship of physician and patient, phenomena of the culture of consumption and "shame and blame" in the health relationship, increasing effectiveness of health care and potential dangerous for the patient's health and rapid increase of patients' civil plaints and the amount of the adjusted loss, provoking health care services providers' civil liability insurance "crisis" (situation, when there no insurance companies in the market which provide the services of civil liability insurance). In 1997 the Council of Europe approved the Protection of Human Rights and Dignity of the Human Being with re-gard to the Application of Biology and Medicine (hereafter in referred to as Convention on Human Rights and Biomedi-cine) which is a fundamental over-national document in the law doctrine, consolidating patients' rights. Political, eco-nomic, social processes of integration requires a deep analysis of the content of the patients' rights entrenched in the sys-tems of national rights, their implementation and protection mechanisms, the need of the provided legal protection unifi-cation and possibilities. Recognition of the sanctity of a person's body in health care, implementation of new treatment and examination methods, more frequent implementation of the automatic management of the data on a patient's health and other factor require to evaluate the topicality of the patient's rights' list and to correct them if needed. However, the aim of this paper – to examine, considering the acknowledgement in the law doctrine, the peculiarities of one of the most important patient's right – patient's right to the compensation of loss aroused due to treatment or examination, and the institutes influencing the conditions of compensation – informed consent of the patient and the patient's duties. The topicality of the theme is determined by different factors. In recent years the date of the performed researches confirms the topicality of the topic of the compensation of damage aroused due to treatment or examination: health care has been acknowledged as the most dangerous activity of humanity; frequency of undesirable events in developed countries comprises more than 10 percent of all treatment events , at least 44 000 residents of the United States of America (hereinafter – USA) die in hospitals due to the mistakes of treatment . Therefore it is necessary to evaluate the effectiveness of the legal protection provided to patients. The conclusions of the audit performed by State control institutions of the Republic of Lithuania of the implementation of the compulsory insurance of the civil liability for the damaged performed to patients and the social researches performed in Lithuania show the distrust of the society in the system of the compensation to patient for damage and the dissatisfaction of the participants of the health system for the present legal regime of the patient's right to compensation for damage and the way of the implementation of this right. The validity of such opinion is supposed by the fact that the number of complaints regarding the compensation for damage suffered by patients is one of the smallest in the world (37 claims for a million of residents per year). The number of complaints regarding the compensation for damage suffered by patients in other countries varies a lot (for example, in North European countries there are five times more complaints regarding the compensation for damage suffered by patients for a million of residents per year than in the USA). On the other hand, the expenses for compensation of the damaged made for the patient in various countries correlates not with the number of the satisfied claims, but with the regime of the protection of patients' rights: the largest expenses of the compensation for damage suffered by patients where the patients' right to the compensation of damage is implemented according to the plaint order of the rule of civil liability in case of fault (USA – 112 EUR/ resident, Italy – 41 EUR/ resident) .At the meantime, in the countries which have implemented special systems of compensation for damage suffered by patients which are based on the concept of health care services providers' civil liability without fault, the expenses of these systems for one resident fluctuates from 4 to 9 Euros (9 EUR / resident in Denmark, 4 EUR / resident in Sweden, 6 EUR / resident in Finland, 8 EUR / resident in New Zealand). The systems of the compensation of special damage for patients are deemed as favourable for patients and it is often indicated that these systems are based on the concept of liability without fault. Therefore it is purposeful to examine of the countries with the longest experience of the regulation of the systems of the compensat

Researched problem and relevance of the paper. In the second half of the 198th century the concept of medicine as art was finally refused: achievements of the science of medicine allowed to explain physiological processes, revealed the reasons of many pathological processes, quickly developed technologies granted a possibility not only observe all functions of an organism, nut frequently – to control them as well. On one hand, rapid development of the science of medicine and practice determined an obvious improvement of health indicators (decrease of babies' mortality, extension of average lifetime), on the other hand, it has to be admitted that possibilities to control the treatment process and to achieve the desired result are limited . Application of nanotechnologies and genes engineering in medicine aroused the problems of the preservation of the identity of an individual, therefore it had to be discussed anew the nature and essence and the effectiveness of the means ensuring the protection of patients' rights including the effectiveness of legal instruments. The topic of the regulation of patients' rights and duties and the effectiveness of the provided legal protection are determined by the following factors: multiplicity and complexity of the relationship of the physician and patient, frequent ethnical problems arising during treatment and examination, fragmentary regulation of the relationship of physician and patient at the national level and abundant non-codified so-called soft law norms, the participation of the state which provided social guarantees to patients in the relationship of physician and patient, phenomena of the culture of consumption and "shame and blame" in the health relationship, increasing effectiveness of health care and potential dangerous for the patient's health and rapid increase of patients' civil plaints and the amount of the adjusted loss, provoking health care services providers' civil liability insurance "crisis" (situation, when there no insurance companies in the market which provide the services of civil liability insurance). In 1997 the Council of Europe approved the Protection of Human Rights and Dignity of the Human Being with re-gard to the Application of Biology and Medicine (hereafter in referred to as Convention on Human Rights and Biomedi-cine) which is a fundamental over-national document in the law doctrine, consolidating patients' rights. Political, eco-nomic, social processes of integration requires a deep analysis of the content of the patients' rights entrenched in the sys-tems of national rights, their implementation and protection mechanisms, the need of the provided legal protection unifi-cation and possibilities. Recognition of the sanctity of a person's body in health care, implementation of new treatment and examination methods, more frequent implementation of the automatic management of the data on a patient's health and other factor require to evaluate the topicality of the patient's rights' list and to correct them if needed. However, the aim of this paper – to examine, considering the acknowledgement in the law doctrine, the peculiarities of one of the most important patient's right – patient's right to the compensation of loss aroused due to treatment or examination, and the institutes influencing the conditions of compensation – informed consent of the patient and the patient's duties. The topicality of the theme is determined by different factors. In recent years the date of the performed researches confirms the topicality of the topic of the compensation of damage aroused due to treatment or examination: health care has been acknowledged as the most dangerous activity of humanity; frequency of undesirable events in developed countries comprises more than 10 percent of all treatment events , at least 44 000 residents of the United States of America (hereinafter – USA) die in hospitals due to the mistakes of treatment . Therefore it is necessary to evaluate the effectiveness of the legal protection provided to patients. The conclusions of the audit performed by State control institutions of the Republic of Lithuania of the implementation of the compulsory insurance of the civil liability for the damaged performed to patients and the social researches performed in Lithuania show the distrust of the society in the system of the compensation to patient for damage and the dissatisfaction of the participants of the health system for the present legal regime of the patient's right to compensation for damage and the way of the implementation of this right. The validity of such opinion is supposed by the fact that the number of complaints regarding the compensation for damage suffered by patients is one of the smallest in the world (37 claims for a million of residents per year). The number of complaints regarding the compensation for damage suffered by patients in other countries varies a lot (for example, in North European countries there are five times more complaints regarding the compensation for damage suffered by patients for a million of residents per year than in the USA). On the other hand, the expenses for compensation of the damaged made for the patient in various countries correlates not with the number of the satisfied claims, but with the regime of the protection of patients' rights: the largest expenses of the compensation for damage suffered by patients where the patients' right to the compensation of damage is implemented according to the plaint order of the rule of civil liability in case of fault (USA – 112 EUR/ resident, Italy – 41 EUR/ resident) .At the meantime, in the countries which have implemented special systems of compensation for damage suffered by patients which are based on the concept of health care services providers' civil liability without fault, the expenses of these systems for one resident fluctuates from 4 to 9 Euros (9 EUR / resident in Denmark, 4 EUR / resident in Sweden, 6 EUR / resident in Finland, 8 EUR / resident in New Zealand). The systems of the compensation of special damage for patients are deemed as favourable for patients and it is often indicated that these systems are based on the concept of liability without fault. Therefore it is purposeful to examine of the countries with the longest experience of the regulation of the systems of the compensat

Respect for human rights and dignity as well as principles of liberty, democracy, equality and the rule of law are common to all the European Union (EU) Member States. Human rights are protected by international law (European Convention on Human Rights), the Constitution of the Republic of Lithuania and other laws including the Civil Code. Constitution guarantees the right to sue for the violation of constitutional rights and freedoms (Article 30, 1st). Therefore, if a person believes that there is a violation of his/her rights, he/she may seek pecuniary and non-pecuniary damage compensation following the civil procedure. This right is defined in the Civil Code (Article 2.24). However, the existing laws do not provide non-pecuniary damage thresholds, therefore, the court follows the criteria of non-pecuniary damage compensation according to the law (taking into account the effects of damage, financial situation of the perpetrator and other relevant factors as well as criteria of fairness, justice and reasonableness). Consequently, the establishment of the size of non-pecuniary damage is under discussion. It is difficult and sometimes impossible to measure non-pecuniary damages in monetary terms, since it is difficult to measure pain and suffering, emotional stress and spiritual experiences. The article deals with legal regulation of compensation for non-pecuniary damage, the concept of non-pecuniary damage, the aim and principle as well as the overview of the basic human rights to compensation for non-pecuniary damage. The methods of document analysis, comparative analysis, systematic analysis and the method of aggregation have been used in the article.

Respect for human rights and dignity as well as principles of liberty, democracy, equality and the rule of law are common to all the European Union (EU) Member States. Human rights are protected by international law (European Convention on Human Rights), the Constitution of the Republic of Lithuania and other laws including the Civil Code. Constitution guarantees the right to sue for the violation of constitutional rights and freedoms (Article 30, 1st). Therefore, if a person believes that there is a violation of his/her rights, he/she may seek pecuniary and non-pecuniary damage compensation following the civil procedure. This right is defined in the Civil Code (Article 2.24). However, the existing laws do not provide non-pecuniary damage thresholds, therefore, the court follows the criteria of non-pecuniary damage compensation according to the law (taking into account the effects of damage, financial situation of the perpetrator and other relevant factors as well as criteria of fairness, justice and reasonableness). Consequently, the establishment of the size of non-pecuniary damage is under discussion. It is difficult and sometimes impossible to measure non-pecuniary damages in monetary terms, since it is difficult to measure pain and suffering, emotional stress and spiritual experiences. The article deals with legal regulation of compensation for non-pecuniary damage, the concept of non-pecuniary damage, the aim and principle as well as the overview of the basic human rights to compensation for non-pecuniary damage. The methods of document analysis, comparative analysis, systematic analysis and the method of aggregation have been used in the article.

In the master work is analyzing the compensations field of the defendant's damages in regards of provisional safeguards tools, legislation and judicial practice of the Republic of Lithuania. Discussed conditions of provisional safeguards and conditions of indemnification for damages by defendant in relation to application of provisional safeguards. Republic of Lithuanian legal system is compared with the legal systems of other European countries. Draw appropriate conclusions and possible recommendations.

In the master work is analyzing the compensations field of the defendant's damages in regards of provisional safeguards tools, legislation and judicial practice of the Republic of Lithuania. Discussed conditions of provisional safeguards and conditions of indemnification for damages by defendant in relation to application of provisional safeguards. Republic of Lithuanian legal system is compared with the legal systems of other European countries. Draw appropriate conclusions and possible recommendations.

Norms, regulating labour legal relations, have been enacted after the restoration of Lithuanian Republic independence. Since January 1, 2003 Labour Law Code has been replaced by Lithuanian Republic Labour Code, including section XV, titled "Work payment. Guarantees and compensations" that indicates some guarantees and compensations, not delimitating them from work payment. Other guarantees and compensations are described in separate Lithuanian Republic labour code sections, and in other legal regulations and under-law acts. In Lithuanian labour law guarantees and compensations contain constricted and wider sense. Regarding the latter one, the guarantees and compensations are usually understood as disbursements and certain non-material social guarantees. While looking from the constricted point of view, the guarantees and compensations include disbursements entirely. Having analysed the concepts of guarantee and compensation, and having discussed possible basics of classification, it can be concluded that the main purpose of the guarantees in Lithuanian labour law is to secure the implementation of workers' rights and liberties, equal opportunities and to compensate payments, lost for certain reasons. The main purpose of compensation is to recompense for the workers' expenses, associated with the accomplishment of corresponding duties, denoted by labour law or other legislation, and to secure certain social warranties of the workers. Finally, having analysed particular guarantees and compensations as well as the features of their disbursement, certain failings have been noticed.

Norms, regulating labour legal relations, have been enacted after the restoration of Lithuanian Republic independence. Since January 1, 2003 Labour Law Code has been replaced by Lithuanian Republic Labour Code, including section XV, titled "Work payment. Guarantees and compensations" that indicates some guarantees and compensations, not delimitating them from work payment. Other guarantees and compensations are described in separate Lithuanian Republic labour code sections, and in other legal regulations and under-law acts. In Lithuanian labour law guarantees and compensations contain constricted and wider sense. Regarding the latter one, the guarantees and compensations are usually understood as disbursements and certain non-material social guarantees. While looking from the constricted point of view, the guarantees and compensations include disbursements entirely. Having analysed the concepts of guarantee and compensation, and having discussed possible basics of classification, it can be concluded that the main purpose of the guarantees in Lithuanian labour law is to secure the implementation of workers' rights and liberties, equal opportunities and to compensate payments, lost for certain reasons. The main purpose of compensation is to recompense for the workers' expenses, associated with the accomplishment of corresponding duties, denoted by labour law or other legislation, and to secure certain social warranties of the workers. Finally, having analysed particular guarantees and compensations as well as the features of their disbursement, certain failings have been noticed.