Suchergebnisse

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Analysis of this Master's Paper is developed in three directions: firstly, the author summarized the issues of the international and national criminal law. Attention is drawn to the place of the international treaties in the Lithuanian law, focusing on the national criminal law implications of such treaties; attempting to determine the possibility of direct application of the treaties in the criminal law. The author concludes that international treaties regulating the matters that are relevant to criminal justice should be transferred to national laws. The second part of the Paper analyses the significance of the treaties on the protection of universal human rights and freedoms, such as the Universal Charter on Human Rights, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHRFF) and of the conventions adopted by the United Nations Organization in general, to the criminal law of Lithuania. The author does not aim at defining the importance of the particular rules of law to the national criminal law, and distinguishes instead the trends of the national criminal law implications. Analyzing the ECPHRFF, the author emphasizes the special character of this international treaty also drawing attention to the problem of interaction between the blanket dispositions constructed in the Lithuanian criminal law and the principle of nullum crimen sine lege guaranteed by the Convention. The Master's Paper concludes that implementation of the international legal acts guaranteeing the protection of personal rights in terms of criminal law of Lithuania is being implemented with sufficient accuracy. In the final part of the Master's Paper the relevance of the European Union (EU) law with regard to the national criminal law is summarized. In the first instance the author draws attention to the issue of relevance of the primary EU law to the national criminal law, which practically has not been analyzed by the Lithuanian scientists. Analyzing separate types of the secondary legislation passed by the EU authorities, in the first instance the features of each legal act – regulation, directive, decision, framework decision, general actions, recommendations, opinions, guidelines and conventions – are distinguished. The author aims at disclosing the manner in which the features of each secondary legal act of the EU influence the national criminal law. Also, the possibilities of the direct application of regulations, directives and decisions in the national law are elaborate. The author concludes that it is the secondary legislation by means of which the criminal law of the Member States is being approximated, whereas appropriate implementation of the secondary legislation of the EU, as a rule, requires corrections of the criminal law.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

Doctoral dissertation is devoted to the theme of parental responsibility. Rules of jurisdiction, common provisions and the application of them in parental responsibility cases under the Regulation Brussels IIa are main issues that fall within the scope of empirical research. The thesis produces a comprehensive analysis of the case law of the Court of Justice of the European Union as well as the judicial practice of the national courts of the Republic of Lithuania and some other European countries. The object of the research encompasses the system of international and European instruments that regulate the rules of jurisdiction and common provisions for hearing parental responsibility cases that have European element. The goal of the research is to analyse the provisions of the Regulation, regulating the rules of jurisdiction for disputes arising in parental responsibility matters, also to reveal the problems of interpretation of these provisions and to fulfil a comprehensive analysis of common provisions that are applied in the above mentioned cases. Then to identify empirically if the provisions of the Regulation are sufficient and work effectively, and the national legislation, implementing the Regulation, and direct application of the Regulation is compatible with the aims of the European Union and the practice of the Court of Justice of the European Union. Finally, the proposals for the refinement of the Regulation text and national legislation are given.

The object of the master's work is the activity of the Constitutional Court of the Republic of Belarus from the position of protecting and implementing fundamental rights and freedoms of the individual. The purpose of the work is to identify the role of the Constitutional Court of the Republic of Belarus in protecting the rights and freedoms of the individual; to reveal the reasons why the Constitutional Court of Belarus does not fulfill the established functions to protect individual rights and freedoms in practice; propose specific solutions to identified problems. Research Objectives: - determination of the legal status of the Constitutional Court of the Republic of Belarus and identification of its competence in the field of protection of human rights and freedoms; - characterization of the Conclusions of the Constitutional Court on the recognition of a normative legal act as unconstitutional as a form of direct protection of individual rights; - establishing the effectiveness of forms of indirect access to constitutional justice to protect individual rights and freedoms; - substantiation of the necessity of introducing a constitutional complaint as a form of direct access of an individual to the constitutional justice of the Republic of Belarus. With the help of comparative legal method and theoretical modeling method it was concluded that the legislation of the Republic of Belarus entrusts the Constitutional Court with the function of protecting individual rights and freedoms, but it is not implemented in practice, therefore, constitutional justice needs to be reformed.

The object of the master's work is the activity of the Constitutional Court of the Republic of Belarus from the position of protecting and implementing fundamental rights and freedoms of the individual. The purpose of the work is to identify the role of the Constitutional Court of the Republic of Belarus in protecting the rights and freedoms of the individual; to reveal the reasons why the Constitutional Court of Belarus does not fulfill the established functions to protect individual rights and freedoms in practice; propose specific solutions to identified problems. Research Objectives: - determination of the legal status of the Constitutional Court of the Republic of Belarus and identification of its competence in the field of protection of human rights and freedoms; - characterization of the Conclusions of the Constitutional Court on the recognition of a normative legal act as unconstitutional as a form of direct protection of individual rights; - establishing the effectiveness of forms of indirect access to constitutional justice to protect individual rights and freedoms; - substantiation of the necessity of introducing a constitutional complaint as a form of direct access of an individual to the constitutional justice of the Republic of Belarus. With the help of comparative legal method and theoretical modeling method it was concluded that the legislation of the Republic of Belarus entrusts the Constitutional Court with the function of protecting individual rights and freedoms, but it is not implemented in practice, therefore, constitutional justice needs to be reformed.

SUMMARY The phenomena of poverty and social exclusion are widely spread not only in Lithuania but also worldwide. This MA paper presents concepts of poverty and social exclusion, their comparison and interaction. The paper looks at the concept of poverty that has direct influence on legal regulation of poverty and social exclusion. The MA paper also deals with legal regulation of poverty and social exclusion in the EU and its influence on Lithuanian legislation. The competence of the EU institutions in the field of combating poverty and social exclusion is best described by the open method of coordination. Despite that it is not based on strict legal norms such as regulations or directives, it has direct influence on Lithuanian legislation. The paper analyses the instruments of Lithuanian social security law on combating poverty and social exclusion. The analysis includes examination of the efficiency of financial social support, social services and other instruments in combating poverty and social exclusion. The paper includes detailed analysis of legal acts regulating social support, presents their advantages, shortfalls and difficulties in their application. Suggestions that might contribute to the improvement of legal regulation of social support are also presented. Most of the existing Lithuanian instruments of social security law are aimed at combating the consequences of poverty and social exclusion, whereas instruments of social security law aimed at combating the reasons of poverty and social exclusion are insufficient. Due to this reason, Lithuanian instruments of social security law aimed at combating poverty and social security are not sufficiently efficient. The lack of the efficiency of legal regulation manifests itself in the fact that insufficient instruments of social security law aimed at combating the reasons of poverty and social exclusion increases the possibility of the spread of poverty and the existing instruments of social security law aimed at combating the consequences of poverty and social exclusion fail to ensure minimum vital needs of the poor. Therefore, the efficiency of instruments of social security law must be improved by reviewing current basis of legal regulation of social support and creating new instruments of social security law that could be an efficient preventive means in preventing the occurrence of poverty and social exclusion.

SUMMARY The phenomena of poverty and social exclusion are widely spread not only in Lithuania but also worldwide. This MA paper presents concepts of poverty and social exclusion, their comparison and interaction. The paper looks at the concept of poverty that has direct influence on legal regulation of poverty and social exclusion. The MA paper also deals with legal regulation of poverty and social exclusion in the EU and its influence on Lithuanian legislation. The competence of the EU institutions in the field of combating poverty and social exclusion is best described by the open method of coordination. Despite that it is not based on strict legal norms such as regulations or directives, it has direct influence on Lithuanian legislation. The paper analyses the instruments of Lithuanian social security law on combating poverty and social exclusion. The analysis includes examination of the efficiency of financial social support, social services and other instruments in combating poverty and social exclusion. The paper includes detailed analysis of legal acts regulating social support, presents their advantages, shortfalls and difficulties in their application. Suggestions that might contribute to the improvement of legal regulation of social support are also presented. Most of the existing Lithuanian instruments of social security law are aimed at combating the consequences of poverty and social exclusion, whereas instruments of social security law aimed at combating the reasons of poverty and social exclusion are insufficient. Due to this reason, Lithuanian instruments of social security law aimed at combating poverty and social security are not sufficiently efficient. The lack of the efficiency of legal regulation manifests itself in the fact that insufficient instruments of social security law aimed at combating the reasons of poverty and social exclusion increases the possibility of the spread of poverty and the existing instruments of social security law aimed at combating the consequences of poverty and social exclusion fail to ensure minimum vital needs of the poor. Therefore, the efficiency of instruments of social security law must be improved by reviewing current basis of legal regulation of social support and creating new instruments of social security law that could be an efficient preventive means in preventing the occurrence of poverty and social exclusion.

SUMMARY The phenomena of poverty and social exclusion are widely spread not only in Lithuania but also worldwide. This MA paper presents concepts of poverty and social exclusion, their comparison and interaction. The paper looks at the concept of poverty that has direct influence on legal regulation of poverty and social exclusion. The MA paper also deals with legal regulation of poverty and social exclusion in the EU and its influence on Lithuanian legislation. The competence of the EU institutions in the field of combating poverty and social exclusion is best described by the open method of coordination. Despite that it is not based on strict legal norms such as regulations or directives, it has direct influence on Lithuanian legislation. The paper analyses the instruments of Lithuanian social security law on combating poverty and social exclusion. The analysis includes examination of the efficiency of financial social support, social services and other instruments in combating poverty and social exclusion. The paper includes detailed analysis of legal acts regulating social support, presents their advantages, shortfalls and difficulties in their application. Suggestions that might contribute to the improvement of legal regulation of social support are also presented. Most of the existing Lithuanian instruments of social security law are aimed at combating the consequences of poverty and social exclusion, whereas instruments of social security law aimed at combating the reasons of poverty and social exclusion are insufficient. Due to this reason, Lithuanian instruments of social security law aimed at combating poverty and social security are not sufficiently efficient. The lack of the efficiency of legal regulation manifests itself in the fact that insufficient instruments of social security law aimed at combating the reasons of poverty and social exclusion increases the possibility of the spread of poverty and the existing instruments of social security law aimed at combating the consequences of poverty and social exclusion fail to ensure minimum vital needs of the poor. Therefore, the efficiency of instruments of social security law must be improved by reviewing current basis of legal regulation of social support and creating new instruments of social security law that could be an efficient preventive means in preventing the occurrence of poverty and social exclusion.

SUMMARY The phenomena of poverty and social exclusion are widely spread not only in Lithuania but also worldwide. This MA paper presents concepts of poverty and social exclusion, their comparison and interaction. The paper looks at the concept of poverty that has direct influence on legal regulation of poverty and social exclusion. The MA paper also deals with legal regulation of poverty and social exclusion in the EU and its influence on Lithuanian legislation. The competence of the EU institutions in the field of combating poverty and social exclusion is best described by the open method of coordination. Despite that it is not based on strict legal norms such as regulations or directives, it has direct influence on Lithuanian legislation. The paper analyses the instruments of Lithuanian social security law on combating poverty and social exclusion. The analysis includes examination of the efficiency of financial social support, social services and other instruments in combating poverty and social exclusion. The paper includes detailed analysis of legal acts regulating social support, presents their advantages, shortfalls and difficulties in their application. Suggestions that might contribute to the improvement of legal regulation of social support are also presented. Most of the existing Lithuanian instruments of social security law are aimed at combating the consequences of poverty and social exclusion, whereas instruments of social security law aimed at combating the reasons of poverty and social exclusion are insufficient. Due to this reason, Lithuanian instruments of social security law aimed at combating poverty and social security are not sufficiently efficient. The lack of the efficiency of legal regulation manifests itself in the fact that insufficient instruments of social security law aimed at combating the reasons of poverty and social exclusion increases the possibility of the spread of poverty and the existing instruments of social security law aimed at combating the consequences of poverty and social exclusion fail to ensure minimum vital needs of the poor. Therefore, the efficiency of instruments of social security law must be improved by reviewing current basis of legal regulation of social support and creating new instruments of social security law that could be an efficient preventive means in preventing the occurrence of poverty and social exclusion.

JUDICIAL ETHICS AND DISCIPLINARY AMENABILITY: PROBLEM AREAS Summary The exclusive location of the judicial authorities in the government system, describes the judicial power of justice function in the country. This is the main function of the judiciary, enshrined in the Constitution of the Republic of Lithuania. Any other authority other than the courts cannot implement these functions. According to that constitutional provision for the special status of the judiciary, can be concluded that persons who wish to become a judge, must also be made extremely high demands. Such persons must be the example of the public, that their decisions are respected and enforced. It is therefore very important that judges comply with the principles of conduct for judges at the time of the direct and unrelated to the direct duties. The judge, at the same time and all of the legal system, good name, and procedural decisions and execution directly depends on the perception of judicial ethics and compliance. The current Code of Judge Ethics of the Republic of Lithuania and any continuation of conduct lay down the basic principles, however, casts doubts on its implementation mechanism. The ethical conduct of judges of the issues will be discussed for various reasons: dispute resolution should be to raise the confidence, the judges granted power is closely related to values such as justice, truth and freedom, the judges applied the standards of conduct - these values as a necessary condition for confidence in the operation of justice. The paper aims to define the activities and principles of conduct to be observed by the judge in the exercise of the legislation of the features and functions free from direct execution. Assess the value of the Code of Judicial Ethics and practice of media influence in the judiciary's image. To analyse the behaviour of the judges expected by the public to trust the courts and to their authority. It also analyses realization of the institute of the judges' disciplinary responsibility in practice and attempts to identify the related problems. Master's work consists of two major parts: Part I – "Judicial Ethics", Part II – "The disciplinary responsibility of judges", which are analysed by subdividing them into smaller sections.

JUDICIAL ETHICS AND DISCIPLINARY AMENABILITY: PROBLEM AREAS Summary The exclusive location of the judicial authorities in the government system, describes the judicial power of justice function in the country. This is the main function of the judiciary, enshrined in the Constitution of the Republic of Lithuania. Any other authority other than the courts cannot implement these functions. According to that constitutional provision for the special status of the judiciary, can be concluded that persons who wish to become a judge, must also be made extremely high demands. Such persons must be the example of the public, that their decisions are respected and enforced. It is therefore very important that judges comply with the principles of conduct for judges at the time of the direct and unrelated to the direct duties. The judge, at the same time and all of the legal system, good name, and procedural decisions and execution directly depends on the perception of judicial ethics and compliance. The current Code of Judge Ethics of the Republic of Lithuania and any continuation of conduct lay down the basic principles, however, casts doubts on its implementation mechanism. The ethical conduct of judges of the issues will be discussed for various reasons: dispute resolution should be to raise the confidence, the judges granted power is closely related to values such as justice, truth and freedom, the judges applied the standards of conduct - these values as a necessary condition for confidence in the operation of justice. The paper aims to define the activities and principles of conduct to be observed by the judge in the exercise of the legislation of the features and functions free from direct execution. Assess the value of the Code of Judicial Ethics and practice of media influence in the judiciary's image. To analyse the behaviour of the judges expected by the public to trust the courts and to their authority. It also analyses realization of the institute of the judges' disciplinary responsibility in practice and attempts to identify the related problems. Master's work consists of two major parts: Part I – "Judicial Ethics", Part II – "The disciplinary responsibility of judges", which are analysed by subdividing them into smaller sections.

Therefore, it is necessary to analyze the impact of ergonomic risk factors and applied physical education in specialists professional activity, also to provide appropriate working conditions by choosing necessary measures, which reduce health problems. In each workstation occupational risks must be investigated and the employees must be introduced with the results of investigation. Ergonomic adjustment program (properly equipped workstation) within 2 months can reduce pain in the neck, shoulder and back areas. In order to improve the work quality of specialists and influence the change of their health, the ergonomic principles and physical education methods should be applied. It has been proved that professional physical activity or active leisure activities directly associated with longevity and good physical health. Physical capacity, active lifestyle have a direct connection with human health, and decrease the risk of chronic non-infectious diseases. After a study of the impact of ergonomic principles and physical activity on cosmetologists professional activity, the following recommendations can be proposed – cosmetologists must work in such workplaces that meet all of the Lithuanian legislation and the requirements of Hygiene Norm HN 117-2002 and fallow all the ergonomic principals in order to prevent occupational diseases. In order to improve the health status of employees it is necessary to ensure their physical activity.

Therefore, it is necessary to analyze the impact of ergonomic risk factors and applied physical education in specialists professional activity, also to provide appropriate working conditions by choosing necessary measures, which reduce health problems. In each workstation occupational risks must be investigated and the employees must be introduced with the results of investigation. Ergonomic adjustment program (properly equipped workstation) within 2 months can reduce pain in the neck, shoulder and back areas. In order to improve the work quality of specialists and influence the change of their health, the ergonomic principles and physical education methods should be applied. It has been proved that professional physical activity or active leisure activities directly associated with longevity and good physical health. Physical capacity, active lifestyle have a direct connection with human health, and decrease the risk of chronic non-infectious diseases. After a study of the impact of ergonomic principles and physical activity on cosmetologists professional activity, the following recommendations can be proposed – cosmetologists must work in such workplaces that meet all of the Lithuanian legislation and the requirements of Hygiene Norm HN 117-2002 and fallow all the ergonomic principals in order to prevent occupational diseases. In order to improve the health status of employees it is necessary to ensure their physical activity.

Therefore, it is necessary to analyze the impact of ergonomic risk factors and applied physical education in specialists professional activity, also to provide appropriate working conditions by choosing necessary measures, which reduce health problems. In each workstation occupational risks must be investigated and the employees must be introduced with the results of investigation. Ergonomic adjustment program (properly equipped workstation) within 2 months can reduce pain in the neck, shoulder and back areas. In order to improve the work quality of specialists and influence the change of their health, the ergonomic principles and physical education methods should be applied. It has been proved that professional physical activity or active leisure activities directly associated with longevity and good physical health. Physical capacity, active lifestyle have a direct connection with human health, and decrease the risk of chronic non-infectious diseases. After a study of the impact of ergonomic principles and physical activity on cosmetologists professional activity, the following recommendations can be proposed – cosmetologists must work in such workplaces that meet all of the Lithuanian legislation and the requirements of Hygiene Norm HN 117-2002 and fallow all the ergonomic principals in order to prevent occupational diseases. In order to improve the health status of employees it is necessary to ensure their physical activity.