Self-government principles require that their statutory interpretation and concretization should not cause contradictions and inadequacies between new provisions formulated by legislature in the field of self-government and the essence and meaning of these principles. The chosen directions of reforms of local self-government can condition the reformulation of local self-government principles, the emergence of new ones and the dismissal of others. Therefore, it is important to go deep into the principles of self-government and their development. Problem analyzed in the article: development of special self-government principles and their formulation in the Republic of Lithuania. With an aim to determine the development of these principles and their formulation, Laws on Self-government of the Republic of Lithuania of 1990, 1994, 2000 and 2008 are analyzed. The aim of the article is to determine directions of development of special local self-government principles that characterize the basis for this institute in the Republic of Lithuania. The article reveals the essence of self-government concepts, characterizes types of self-government principles, and analyzes special self-government principles and their wordings. It also provides the analysis of constitutional self-government principles, overlapping special ones, and their changes. Legislative acts and document analysis methods, comparative and logical analysis methods, as well as generalization and induction methods are. [to full text]
Self-government principles require that their statutory interpretation and concretization should not cause contradictions and inadequacies between new provisions formulated by legislature in the field of self-government and the essence and meaning of these principles. The chosen directions of reforms of local self-government can condition the reformulation of local self-government principles, the emergence of new ones and the dismissal of others. Therefore, it is important to go deep into the principles of self-government and their development. Problem analyzed in the article: development of special self-government principles and their formulation in the Republic of Lithuania. With an aim to determine the development of these principles and their formulation, Laws on Self-government of the Republic of Lithuania of 1990, 1994, 2000 and 2008 are analyzed. The aim of the article is to determine directions of development of special local self-government principles that characterize the basis for this institute in the Republic of Lithuania. The article reveals the essence of self-government concepts, characterizes types of self-government principles, and analyzes special self-government principles and their wordings. It also provides the analysis of constitutional self-government principles, overlapping special ones, and their changes. Legislative acts and document analysis methods, comparative and logical analysis methods, as well as generalization and induction methods are. [to full text]
Self-government principles require that their statutory interpretation and concretization should not cause contradictions and inadequacies between new provisions formulated by legislature in the field of self-government and the essence and meaning of these principles. The chosen directions of reforms of local self-government can condition the reformulation of local self-government principles, the emergence of new ones and the dismissal of others. Therefore, it is important to go deep into the principles of self-government and their development. Problem analyzed in the article: development of special self-government principles and their formulation in the Republic of Lithuania. With an aim to determine the development of these principles and their formulation, Laws on Self-government of the Republic of Lithuania of 1990, 1994, 2000 and 2008 are analyzed. The aim of the article is to determine directions of development of special local self-government principles that characterize the basis for this institute in the Republic of Lithuania. The article reveals the essence of self-government concepts, characterizes types of self-government principles, and analyzes special self-government principles and their wordings. It also provides the analysis of constitutional self-government principles, overlapping special ones, and their changes. Legislative acts and document analysis methods, comparative and logical analysis methods, as well as generalization and induction methods are. [to full text]
Self-government principles require that their statutory interpretation and concretization should not cause contradictions and inadequacies between new provisions formulated by legislature in the field of self-government and the essence and meaning of these principles. The chosen directions of reforms of local self-government can condition the reformulation of local self-government principles, the emergence of new ones and the dismissal of others. Therefore, it is important to go deep into the principles of self-government and their development. Problem analyzed in the article: development of special self-government principles and their formulation in the Republic of Lithuania. With an aim to determine the development of these principles and their formulation, Laws on Self-government of the Republic of Lithuania of 1990, 1994, 2000 and 2008 are analyzed. The aim of the article is to determine directions of development of special local self-government principles that characterize the basis for this institute in the Republic of Lithuania. The article reveals the essence of self-government concepts, characterizes types of self-government principles, and analyzes special self-government principles and their wordings. It also provides the analysis of constitutional self-government principles, overlapping special ones, and their changes. Legislative acts and document analysis methods, comparative and logical analysis methods, as well as generalization and induction methods are. [to full text]
One can understand the essence of political theology better by looking at it as a polemic against political romanticism. The analysis presented in this paper tries to show that one has to understand Schmitt's work as based on fundamental tension between what can be described as political romanticism and political theology. Contemporary political thinkers have found the work of Schmitt very stimulating. This paper aims to show that by understanding political romanticism as one of his fundamental polemical opponents we can gain a better understanding of Schmitt and contemporary political reality.
One can understand the essence of political theology better by looking at it as a polemic against political romanticism. The analysis presented in this paper tries to show that one has to understand Schmitt's work as based on fundamental tension between what can be described as political romanticism and political theology. Contemporary political thinkers have found the work of Schmitt very stimulating. This paper aims to show that by understanding political romanticism as one of his fundamental polemical opponents we can gain a better understanding of Schmitt and contemporary political reality.
Averment in the administrative procedure is conditioned by a certain system and consists of several stages. In the article, its authors examine, based on the analysis of legislation and the empirical research, the peculiarities of evidence collection and application, one of the stages of the averment institution, in cases of administrative offences. Explaining the essence of evidence collection, the authors present the analysis and assessment of judgements of the Supreme Administrative Court of Lithuania (hereinafter referred to as "the SACL") and identify problems with evidence collection arising in practice and suggest solutions to them.
One can understand the essence of political theology better by looking at it as a polemic against political romanticism. The analysis presented in this paper tries to show that one has to understand Schmitt's work as based on fundamental tension between what can be described as political romanticism and political theology. Contemporary political thinkers have found the work of Schmitt very stimulating. This paper aims to show that by understanding political romanticism as one of his fundamental polemical opponents we can gain a better understanding of Schmitt and contemporary political reality.
Averment in the administrative procedure is conditioned by a certain system and consists of several stages. In the article, its authors examine, based on the analysis of legislation and the empirical research, the peculiarities of evidence collection and application, one of the stages of the averment institution, in cases of administrative offences. Explaining the essence of evidence collection, the authors present the analysis and assessment of judgements of the Supreme Administrative Court of Lithuania (hereinafter referred to as "the SACL") and identify problems with evidence collection arising in practice and suggest solutions to them.
One can understand the essence of political theology better by looking at it as a polemic against political romanticism. The analysis presented in this paper tries to show that one has to understand Schmitt's work as based on fundamental tension between what can be described as political romanticism and political theology. Contemporary political thinkers have found the work of Schmitt very stimulating. This paper aims to show that by understanding political romanticism as one of his fundamental polemical opponents we can gain a better understanding of Schmitt and contemporary political reality.
Currently, the use of cryptocurrency is becoming global in nature around the world. In this regard, there is a need to regulate cryptocurrency business. However, due to novelty and complexity, the legal regulation of cryptocurrencies requires a special approach on the part of legislators. Many countries were not ready for a quick response to the settlement of cryptocurrency relations. Uncertainty in understanding the new type of virtual money did not allow representatives of the legislative power of the states to adopt specific legal provisions in the field of cryptocurrency. This is also the relevance of the study - the lack of a unified legal approach to cryptocurrencies, and, as a result, uncertainty in the sphere of legal regulation of cryptocurrencies. The purpose of this master's work is to develop the most correct and effective methods of legal regulation of cryptocurrency, taking into account the experience of the countries in question, which already have features in the field of cryptocurrency regulation. To achieve this goal it is necessary to solve several of the most important tasks. The Tasks of the master's work are as follows: 1) to uncover the essence of cryptocurrency from an economic and technological point of view. 2) to reveal the legal nature and the main issues of legal regulation of cryptocurrency. 3) to identify the most acceptable unified approach to critical case. 4) to analyze the experience of the countries in question in the field of cryptocurrency regulation. 5) to conduct a comparative legal analysis of the legislation of the countries in question. 6) to identify the most progressive and effective legislation in the field of cryptocurrency activities. 7) based on the analysis of the countries, to determine the most favorable and effective directions in the field of further legal regulation of cryptocurrencies. The object of the research is the legislation's of countries in the field of cryptocurrency regulation. The methods in this master's work are: analysis, synthesis, comparison, synthesis of scientific literature and authors' works in the field of cryptocurrency, theoretical and historical methods in determining the essence of cryptocurrency. The study revealed the essence of cryptocurrency. In disclosing the essence of cryptocurrency, historical reasons for their occurrence, as well as economic and technological features were taken into account. The main legal issues of cryptocurrency that states are currently facing were also identified. The paper also analyzed the legal and public experience of the Republic of Belarus and several foreign countries. As a result, it was concluded which of the countries has the most developed legislation in the field of legal regulation of cryptocurrencies. The study concluded that the main problem in the legal regulation of cryptocurrencies in the countries in question is the lack of a uniform approach to the nature of cryptocurrencies, as a result of which the state authorities, both legislative and executive, cannot come to a common consensus in establishing and securing cryptocurrencies as new type of virtual money at the highest legislative level; in the conditions of almost complete lack of practical experience in the regulation of this type of money, states face the difficulty of defining the civil legal sphere of cryptocurrencies, the problem of attributing cryptocurrencies to any object of civil rights, therefore, it is problematic to establish the legal nature of cryptocurrencies in private law . This master's work is of interest to: legislators, government agencies, heads of cryptocurrency organizations, researchers and authors exploring issues of a new type of virtual money, individuals and individual entrepreneurs engaged in cryptocurrency activities.
Currently, the use of cryptocurrency is becoming global in nature around the world. In this regard, there is a need to regulate cryptocurrency business. However, due to novelty and complexity, the legal regulation of cryptocurrencies requires a special approach on the part of legislators. Many countries were not ready for a quick response to the settlement of cryptocurrency relations. Uncertainty in understanding the new type of virtual money did not allow representatives of the legislative power of the states to adopt specific legal provisions in the field of cryptocurrency. This is also the relevance of the study - the lack of a unified legal approach to cryptocurrencies, and, as a result, uncertainty in the sphere of legal regulation of cryptocurrencies. The purpose of this master's work is to develop the most correct and effective methods of legal regulation of cryptocurrency, taking into account the experience of the countries in question, which already have features in the field of cryptocurrency regulation. To achieve this goal it is necessary to solve several of the most important tasks. The Tasks of the master's work are as follows: 1) to uncover the essence of cryptocurrency from an economic and technological point of view. 2) to reveal the legal nature and the main issues of legal regulation of cryptocurrency. 3) to identify the most acceptable unified approach to critical case. 4) to analyze the experience of the countries in question in the field of cryptocurrency regulation. 5) to conduct a comparative legal analysis of the legislation of the countries in question. 6) to identify the most progressive and effective legislation in the field of cryptocurrency activities. 7) based on the analysis of the countries, to determine the most favorable and effective directions in the field of further legal regulation of cryptocurrencies. The object of the research is the legislation's of countries in the field of cryptocurrency regulation. The methods in this master's work are: analysis, synthesis, comparison, synthesis of scientific literature and authors' works in the field of cryptocurrency, theoretical and historical methods in determining the essence of cryptocurrency. The study revealed the essence of cryptocurrency. In disclosing the essence of cryptocurrency, historical reasons for their occurrence, as well as economic and technological features were taken into account. The main legal issues of cryptocurrency that states are currently facing were also identified. The paper also analyzed the legal and public experience of the Republic of Belarus and several foreign countries. As a result, it was concluded which of the countries has the most developed legislation in the field of legal regulation of cryptocurrencies. The study concluded that the main problem in the legal regulation of cryptocurrencies in the countries in question is the lack of a uniform approach to the nature of cryptocurrencies, as a result of which the state authorities, both legislative and executive, cannot come to a common consensus in establishing and securing cryptocurrencies as new type of virtual money at the highest legislative level; in the conditions of almost complete lack of practical experience in the regulation of this type of money, states face the difficulty of defining the civil legal sphere of cryptocurrencies, the problem of attributing cryptocurrencies to any object of civil rights, therefore, it is problematic to establish the legal nature of cryptocurrencies in private law . This master's work is of interest to: legislators, government agencies, heads of cryptocurrency organizations, researchers and authors exploring issues of a new type of virtual money, individuals and individual entrepreneurs engaged in cryptocurrency activities.
The Paper aims to provide an analysis of implementation of the "Non reformationis in peius" principle in the Civil process. The main idea of the principle is, that when a decision by the lower court is appealed, the court of a higher jurisdiction considering the case is not entitled to take a decision, that would be worse than the previous one to the appealing party, when the decision of the court of a lower jurisdiction is appealed by one party. Therefore, "Non reformationis in peius" principle represents an additional method of control of validity of a court's decision. The Paper consists of two parts. The first part gives an analysis of essence of the "Non reformationis in peius" principle and its meaning in the Civil process. It also reveals origins of the principle, i.e. conditions under which the principle emerged in Civil process and its development in history. Closer attention is paid to development of the "Non reformationis in peius" principle in Lithuanian Civil process law in the 20th century. At the end of the first part of the Paper is given a short comparative analysis of implementation of the principle in the neighbouring countries such as Latvia, Estonia, Poland, and Russia. Such analysis helps to disclose a different approach towards implementation of the principle even in the neighbour states. The second part contains analysis of relation of the "Non reformationis in peius" principle with the other principles of Civil process, and its implementation separately in the process of appeal, cassation and the process renewal cases. More attention is paid to cases, when the "Non reformationis in peius" principle shall not be applied, i.e. when a court is not restrained by requirements of the principle. When separate stages of Civil process are considered, attention is paid to the essence of those stages and possibilities of implementation of the "Non reformationis in peius" principle at such stages, since, as it was mentioned the principle shall not be applied in all cases.
The Paper aims to provide an analysis of implementation of the "Non reformationis in peius" principle in the Civil process. The main idea of the principle is, that when a decision by the lower court is appealed, the court of a higher jurisdiction considering the case is not entitled to take a decision, that would be worse than the previous one to the appealing party, when the decision of the court of a lower jurisdiction is appealed by one party. Therefore, "Non reformationis in peius" principle represents an additional method of control of validity of a court's decision. The Paper consists of two parts. The first part gives an analysis of essence of the "Non reformationis in peius" principle and its meaning in the Civil process. It also reveals origins of the principle, i.e. conditions under which the principle emerged in Civil process and its development in history. Closer attention is paid to development of the "Non reformationis in peius" principle in Lithuanian Civil process law in the 20th century. At the end of the first part of the Paper is given a short comparative analysis of implementation of the principle in the neighbouring countries such as Latvia, Estonia, Poland, and Russia. Such analysis helps to disclose a different approach towards implementation of the principle even in the neighbour states. The second part contains analysis of relation of the "Non reformationis in peius" principle with the other principles of Civil process, and its implementation separately in the process of appeal, cassation and the process renewal cases. More attention is paid to cases, when the "Non reformationis in peius" principle shall not be applied, i.e. when a court is not restrained by requirements of the principle. When separate stages of Civil process are considered, attention is paid to the essence of those stages and possibilities of implementation of the "Non reformationis in peius" principle at such stages, since, as it was mentioned the principle shall not be applied in all cases.
The Paper aims to provide an analysis of implementation of the "Non reformationis in peius" principle in the Civil process. The main idea of the principle is, that when a decision by the lower court is appealed, the court of a higher jurisdiction considering the case is not entitled to take a decision, that would be worse than the previous one to the appealing party, when the decision of the court of a lower jurisdiction is appealed by one party. Therefore, "Non reformationis in peius" principle represents an additional method of control of validity of a court's decision. The Paper consists of two parts. The first part gives an analysis of essence of the "Non reformationis in peius" principle and its meaning in the Civil process. It also reveals origins of the principle, i.e. conditions under which the principle emerged in Civil process and its development in history. Closer attention is paid to development of the "Non reformationis in peius" principle in Lithuanian Civil process law in the 20th century. At the end of the first part of the Paper is given a short comparative analysis of implementation of the principle in the neighbouring countries such as Latvia, Estonia, Poland, and Russia. Such analysis helps to disclose a different approach towards implementation of the principle even in the neighbour states. The second part contains analysis of relation of the "Non reformationis in peius" principle with the other principles of Civil process, and its implementation separately in the process of appeal, cassation and the process renewal cases. More attention is paid to cases, when the "Non reformationis in peius" principle shall not be applied, i.e. when a court is not restrained by requirements of the principle. When separate stages of Civil process are considered, attention is paid to the essence of those stages and possibilities of implementation of the "Non reformationis in peius" principle at such stages, since, as it was mentioned the principle shall not be applied in all cases.
