Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions).
Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions).
Article analyzes military officers¢ career management in the context of global human resources management trends. Nowadays careers of majority of employees of public and private sector organizations are becoming more individualized and flexible, employees are entitled more responsibility in career decision making. However it remains unclear how changes in career management polices and practice have to affect army structures, what and how career expectations of military offices have to be developed and satisfied within the military system. Military officers' careers can not just happen due to uncontrolled reasons or due to expression of private interests as this could hurt the security of the country. Military careers has to be systemically, rationally and transparently regulated taking into consideration the needs of the military structures also clearly defining the merits, competencies, qualifications and values of the military officers which have to be taken into consideration in career decision making.
Article analyzes military officers¢ career management in the context of global human resources management trends. Nowadays careers of majority of employees of public and private sector organizations are becoming more individualized and flexible, employees are entitled more responsibility in career decision making. However it remains unclear how changes in career management polices and practice have to affect army structures, what and how career expectations of military offices have to be developed and satisfied within the military system. Military officers' careers can not just happen due to uncontrolled reasons or due to expression of private interests as this could hurt the security of the country. Military careers has to be systemically, rationally and transparently regulated taking into consideration the needs of the military structures also clearly defining the merits, competencies, qualifications and values of the military officers which have to be taken into consideration in career decision making.
Actions by Egyptian Defense Minister on July 3rd, 2013 raised a question on what sort of means secure democratic military control and whether a democratic state can limit and control the use of force in a democratic manner. For this reason, in comparison with constitutional provisions of other states that embody different forms of government, this article analyses the constitutional status of a state leader as a head of military forces that was infixed in the Constitution of the Arab Republic of Egypt of December 26th, 2012, and also what constitutional fundamentals existed for Egyptian Defense Minister to perform actions on July 3rd, 2013, or to prevent these actions from materializing. The process that at the moment is in action in Egypt is an important test for democracy, which up until now the state has been having trouble to pass. When looking at the state government system provisioned by the Constitution of the Arab Republic of Egypt of December 26th, 2012, it becomes clear that the Constitution lacks more visible balance of power, which in turn creates the lack of democracy. Various military councils and military forces are equal to other three state powers (legislative, executive and judicial), but in a democratic country, military institutions of the state cannot be ascribed to state government institutions and furthermore have a priority over them. On the contrary, military state institutions must be liable to civil state institutions and must be controlled by them, and their decisions must be based on decisions by civil state institutions. Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions). ; Liberalios demokratinės valstybės kariauja, kad apsaugotų fundamentalią valdymo formą nuo užpuolimų, ar tai būtų valstybės, besivadovaujančios skirtingais konstituciniais principais, ar teroristinės organizacijos, ketinančios sunaikinti jos integralumą1. Tačiau visuomeniniai neramumai pačios valstybės viduje ir galiausiai 2013 m. liepos 3 d. Egipto gynybos ministro veiksmai iškėlė klausimą, o kokios priemonės užtikrina demokratinę kariuomenės kontrolę, ar demokratinė valstybė gali apriboti ir kontroliuoti ginkluotųjų pajėgų panaudojimą demokratiškai. Valstybės vadžios institucijų galių pasiskirstymas (valdžių padalijimo principas) pirmiausiai įtvirtinamas konstitucijoje. Šiame straipsnyje, lyginant su kitų valstybių, įkūnijančių skirtingas valdymo formas, konstitucinėmis nuostatomis, analizuojamas 2012 m. gruodžio 26 d. Egipto Arabų Respublikos Konstitucijoje įtvirtintas valstybės vadovo, kaip vyriausiojo ginkluotųjų pajėgų vado, konstitucinis statusas ir konstituciniai pagrindai, kuriais 2013 m. liepos 3 d. turėjo vadovautis Egipto gynybos ministras.
This abrupt increase in demands to a physician and his legal responsibility was not preceded by a related increase in his abilities and resources necessary to adapt to the change in law. This caused the set off of unintended side-effects, which arise from doctors' intent to defend themselves from probable legal prosecution and which brought about a decrease of the quality of health care. Multiple manifestations of defensive medicine and its consequences for health care are reviewed. Ways and prospects for solutions to the problem of "defensive medicine" (especially, ensuring feasibility of related legal provisions) are examined.
This abrupt increase in demands to a physician and his legal responsibility was not preceded by a related increase in his abilities and resources necessary to adapt to the change in law. This caused the set off of unintended side-effects, which arise from doctors' intent to defend themselves from probable legal prosecution and which brought about a decrease of the quality of health care. Multiple manifestations of defensive medicine and its consequences for health care are reviewed. Ways and prospects for solutions to the problem of "defensive medicine" (especially, ensuring feasibility of related legal provisions) are examined.
In this work the development and transformation of the defense capability (it embraces not only military but also political and diplomatic instruments) of the Republic of Lithuania in 1990-2004 is analyzed in a general sense. The research is based on unpublished archival sources, official documents and historiography and evaluates the totality of decisions, actions and circumstances, that created opportunities for the Republic of Lithuania to move from a militarily weak state to a member of the North Atlantic Treaty Organization (NATO) and to build up a qualified military force and effectively resolve the national security threats during 1990-2004. The paper analyzes the restoration of the defense capability of the Republic of Lithuania in the initial stage of individual defense (until 1994), political development of defense capability by joining NATO, military strengthening and foreign support in transforming Lithuanian armed forces, development and transformation of territorial defense and an asymmetric response, moving from the principle of individual to collective defense.
In this work the development and transformation of the defense capability (it embraces not only military but also political and diplomatic instruments) of the Republic of Lithuania in 1990-2004 is analyzed in a general sense. The research is based on unpublished archival sources, official documents and historiography and evaluates the totality of decisions, actions and circumstances, that created opportunities for the Republic of Lithuania to move from a militarily weak state to a member of the North Atlantic Treaty Organization (NATO) and to build up a qualified military force and effectively resolve the national security threats during 1990-2004. The paper analyzes the restoration of the defense capability of the Republic of Lithuania in the initial stage of individual defense (until 1994), political development of defense capability by joining NATO, military strengthening and foreign support in transforming Lithuanian armed forces, development and transformation of territorial defense and an asymmetric response, moving from the principle of individual to collective defense.
In this work the development and transformation of the defense capability (it embraces not only military but also political and diplomatic instruments) of the Republic of Lithuania in 1990-2004 is analyzed in a general sense. The research is based on unpublished archival sources, official documents and historiography and evaluates the totality of decisions, actions and circumstances, that created opportunities for the Republic of Lithuania to move from a militarily weak state to a member of the North Atlantic Treaty Organization (NATO) and to build up a qualified military force and effectively resolve the national security threats during 1990-2004. The paper analyzes the restoration of the defense capability of the Republic of Lithuania in the initial stage of individual defense (until 1994), political development of defense capability by joining NATO, military strengthening and foreign support in transforming Lithuanian armed forces, development and transformation of territorial defense and an asymmetric response, moving from the principle of individual to collective defense.
In this work the development and transformation of the defense capability (it embraces not only military but also political and diplomatic instruments) of the Republic of Lithuania in 1990-2004 is analyzed in a general sense. The research is based on unpublished archival sources, official documents and historiography and evaluates the totality of decisions, actions and circumstances, that created opportunities for the Republic of Lithuania to move from a militarily weak state to a member of the North Atlantic Treaty Organization (NATO) and to build up a qualified military force and effectively resolve the national security threats during 1990-2004. The paper analyzes the restoration of the defense capability of the Republic of Lithuania in the initial stage of individual defense (until 1994), political development of defense capability by joining NATO, military strengthening and foreign support in transforming Lithuanian armed forces, development and transformation of territorial defense and an asymmetric response, moving from the principle of individual to collective defense.
The concept of public interest has not been revealed in Lithuania yet. Different concepts are used in law acts. It is quite difficult to describe what public interest in definite relations is and how to define its protection limits. In such case, it is necessary to evaluate definite circumstances as well as the conception of public interest in the society, law science, and practice of courts. The master work presents the analysis of the problems of public interest defense in a civil process. Legal regulation drawbacks are found and the ways to improve this regulation are sought. The first part of this work gives the analysis of how public interest category is perceived in various contexts. The formation of this conception is analyzed. Various political theories are analyzed in this case. Different philosophical approaches to the interaction of individual and public interests are presented. What is more, the relation between public and private interest is also analyzed. The work was based upon national as well as European Union law practice. The second part of this work presents the analysis of public interest defense in a civil process. Legal norms, regulating the role of subjects, which participate in the civil process of public interest defense, are discussed. The role of prosecution service in various countries is compared. Public interest defense peculiarities are analyzed. Law acts, regulating the competence and authority of certain institutions, which participate in the defense of public interest, are studied. The problems, related to the defense of public interest are also emphasized here. Moreover, group claim form for the defense of public interest is analyzed as well. Attention is paid to the regulation drawback of this institute. The last part of this work gives the analysis of the prospects for public interest defense in a civil process. Evaluation of certain law acts projects is presented. The gaps and strong sides of the prospective regulation are sought. The situation of public interest defense in a public process is summarized in the final part of this work. Conclusions and offers how to improve this regulation and solve problems existing in this institute are presented.
The concept of public interest has not been revealed in Lithuania yet. Different concepts are used in law acts. It is quite difficult to describe what public interest in definite relations is and how to define its protection limits. In such case, it is necessary to evaluate definite circumstances as well as the conception of public interest in the society, law science, and practice of courts. The master work presents the analysis of the problems of public interest defense in a civil process. Legal regulation drawbacks are found and the ways to improve this regulation are sought. The first part of this work gives the analysis of how public interest category is perceived in various contexts. The formation of this conception is analyzed. Various political theories are analyzed in this case. Different philosophical approaches to the interaction of individual and public interests are presented. What is more, the relation between public and private interest is also analyzed. The work was based upon national as well as European Union law practice. The second part of this work presents the analysis of public interest defense in a civil process. Legal norms, regulating the role of subjects, which participate in the civil process of public interest defense, are discussed. The role of prosecution service in various countries is compared. Public interest defense peculiarities are analyzed. Law acts, regulating the competence and authority of certain institutions, which participate in the defense of public interest, are studied. The problems, related to the defense of public interest are also emphasized here. Moreover, group claim form for the defense of public interest is analyzed as well. Attention is paid to the regulation drawback of this institute. The last part of this work gives the analysis of the prospects for public interest defense in a civil process. Evaluation of certain law acts projects is presented. The gaps and strong sides of the prospective regulation are sought. The situation of public interest defense in a public process is summarized in the final part of this work. Conclusions and offers how to improve this regulation and solve problems existing in this institute are presented.
Evolving threats to national security have resulted in the adoption of comprehensive (total) defence concepts by a number of small and medium states. Civil resistance constitutes a considerable part of such concepts, complementing military defence. The historical experience of Lithuania proved the value of nonviolent resistance between 1988 and 1991 for regaining independence, and defending it in January 1991. The aim of this article is to analyse the role of non-violent civil resistance in the national defence system, based on the experience of 13 January 1991 in Lithuania and develop further discussion about the concept of civil resistance. The methodological approach of the article is based on historical and theoretical analysis. This allows the experience of Lithuania to be assessed on the basis of Lithuanian National Security and Defence Strategy and scientific research. Lithuanian non-violent civil resistance in 1988–1991 was successful in terms of strategy, leadership, organisation, planning, non-violence priorities and the number of citizens involved. The leaders of the movement were able to mobilise people into a widespread movement based on their moral authority and value orientations, strongly appealing to different groups in society. Lithuania's independence was achieved with minimal human sacrifice, preserving the country's resources and infrastructure. This experience of non-violent civil resistance came to be used by modern state institutions to create strategic documents of the state. In the current situation, it is necessary to focus not only on the knowledge required for state defence and civil resistance, but also on its moral aspects such as values, ethical behaviour, civic and human maturity.
Evolving threats to national security have resulted in the adoption of comprehensive (total) defence concepts by a number of small and medium states. Civil resistance constitutes a considerable part of such concepts, complementing military defence. The historical experience of Lithuania proved the value of nonviolent resistance between 1988 and 1991 for regaining independence, and defending it in January 1991. The aim of this article is to analyse the role of non-violent civil resistance in the national defence system, based on the experience of 13 January 1991 in Lithuania and develop further discussion about the concept of civil resistance. The methodological approach of the article is based on historical and theoretical analysis. This allows the experience of Lithuania to be assessed on the basis of Lithuanian National Security and Defence Strategy and scientific research. Lithuanian non-violent civil resistance in 1988–1991 was successful in terms of strategy, leadership, organisation, planning, non-violence priorities and the number of citizens involved. The leaders of the movement were able to mobilise people into a widespread movement based on their moral authority and value orientations, strongly appealing to different groups in society. Lithuania's independence was achieved with minimal human sacrifice, preserving the country's resources and infrastructure. This experience of non-violent civil resistance came to be used by modern state institutions to create strategic documents of the state. In the current situation, it is necessary to focus not only on the knowledge required for state defence and civil resistance, but also on its moral aspects such as values, ethical behaviour, civic and human maturity.
