The intensification of historical consciousness in 1988 encouraged the questioning of the remains of the Soviet epoch and the search for heroic examples in the remote history of the state. After the first memoirs were published during the first years of independence, various forms of social memory appeared: a list of memorable days and founding of new museums. But at the period of the rebirth the collective memory was more consensual. The reconstructed monuments of the prewar period became the products of collective memory, the ideological content of which equally satisfied both the post-Soviet elite, aiming for the legitimization, and the nation, thirsty for freedom. At that time the monuments became the instruments of the socio-political power used to legitimize authority, to construct individual and collective memory. The signs of the public places witnessed the configuring of heritage that helped to determine the spirit and direction of the newly established nation-state. Therefore it became a meaningful part of the politics of memory.
The intensification of historical consciousness in 1988 encouraged the questioning of the remains of the Soviet epoch and the search for heroic examples in the remote history of the state. After the first memoirs were published during the first years of independence, various forms of social memory appeared: a list of memorable days and founding of new museums. But at the period of the rebirth the collective memory was more consensual. The reconstructed monuments of the prewar period became the products of collective memory, the ideological content of which equally satisfied both the post-Soviet elite, aiming for the legitimization, and the nation, thirsty for freedom. At that time the monuments became the instruments of the socio-political power used to legitimize authority, to construct individual and collective memory. The signs of the public places witnessed the configuring of heritage that helped to determine the spirit and direction of the newly established nation-state. Therefore it became a meaningful part of the politics of memory.
The intensification of historical consciousness in 1988 encouraged the questioning of the remains of the Soviet epoch and the search for heroic examples in the remote history of the state. After the first memoirs were published during the first years of independence, various forms of social memory appeared: a list of memorable days and founding of new museums. But at the period of the rebirth the collective memory was more consensual. The reconstructed monuments of the prewar period became the products of collective memory, the ideological content of which equally satisfied both the post-Soviet elite, aiming for the legitimization, and the nation, thirsty for freedom. At that time the monuments became the instruments of the socio-political power used to legitimize authority, to construct individual and collective memory. The signs of the public places witnessed the configuring of heritage that helped to determine the spirit and direction of the newly established nation-state. Therefore it became a meaningful part of the politics of memory.
Companies seeking to secure their competitive advantage in a present competitive environment use legal instruments that are provided by the legislator – they register patents, secure commercial secrets, assure that employees obtaining confidential information would not be tempted by competitors while being employed in the company or after the termination of the employment relations. All this allows to secure commercial achievements, investments in intellectual capital of the company, protection of relations and contractual conditions with suppliers and sellers
Companies seeking to secure their competitive advantage in a present competitive environment use legal instruments that are provided by the legislator – they register patents, secure commercial secrets, assure that employees obtaining confidential information would not be tempted by competitors while being employed in the company or after the termination of the employment relations. All this allows to secure commercial achievements, investments in intellectual capital of the company, protection of relations and contractual conditions with suppliers and sellers
Non-cash money increasingly displaces cash money and has become one of the main means of settlement in the business world. Non-cash performance of monetary obligations is proceeded through intermediation of banks, usually – through the payment and settlement systems. Considering the current complicated market situation, all finance sector, including banks, is constantly exposed to different risks, which results in decreased confidence in banks. Thus this thesis, first, introduces payment and settlement systems, related risks and their management instruments, analyses development of the Lithuanian payment systems, describes current Lithuanian payment systems, the way they operate, and their future prospects. Second, attention was paid to the peculiarities of performing monetary obligations in payment and settlement systems. The mechanism, time, place and currency of performing monetary obligations in payment and settlement systems have been analysed. Bank's liability for non-execution or an improper execution of the client's payment order, as well as allocation of risks and liabilities in case of bank's insolvency, have also been analysed in detail. The thesis is mainly based on two foreign authors – experts in finance and banking law, also a lot of useful information was provided by the websites of the Bank of Lithuania and European Central Bank. Of course, it was impossible to manage the thesis without analysing legal acts. Not only currently applicable legal acts of Lithuania and European Union have been analysed, but also the new legal acts of European Union, that should be implemented in Lithuania by the end of this year. After the implementation of these new legal acts, not only the regulation of non-cash payments, but also the mechanism of non-cash performance of monetary obligations will change – the purpose is to create common payment instruments for the whole European Union, which will result in closing current Lithuanian payment and settlement systems.
Non-cash money increasingly displaces cash money and has become one of the main means of settlement in the business world. Non-cash performance of monetary obligations is proceeded through intermediation of banks, usually – through the payment and settlement systems. Considering the current complicated market situation, all finance sector, including banks, is constantly exposed to different risks, which results in decreased confidence in banks. Thus this thesis, first, introduces payment and settlement systems, related risks and their management instruments, analyses development of the Lithuanian payment systems, describes current Lithuanian payment systems, the way they operate, and their future prospects. Second, attention was paid to the peculiarities of performing monetary obligations in payment and settlement systems. The mechanism, time, place and currency of performing monetary obligations in payment and settlement systems have been analysed. Bank's liability for non-execution or an improper execution of the client's payment order, as well as allocation of risks and liabilities in case of bank's insolvency, have also been analysed in detail. The thesis is mainly based on two foreign authors – experts in finance and banking law, also a lot of useful information was provided by the websites of the Bank of Lithuania and European Central Bank. Of course, it was impossible to manage the thesis without analysing legal acts. Not only currently applicable legal acts of Lithuania and European Union have been analysed, but also the new legal acts of European Union, that should be implemented in Lithuania by the end of this year. After the implementation of these new legal acts, not only the regulation of non-cash payments, but also the mechanism of non-cash performance of monetary obligations will change – the purpose is to create common payment instruments for the whole European Union, which will result in closing current Lithuanian payment and settlement systems.
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.
The purpose of this M.A. thesis is to research a hypothetical possibillity of building a metropolitan system in the city of Vilnius. For many years the idea of Vilnius Metro has been already escalated from engineerical, economical, ecological, political point of views, nethertheless, there is no data about Lithuanian artists showing major interest in this theme. Metro stations still are unseen kind of public spaces in Lithuania, that's why a newly built metro could possibly foster our artists' imagination. During my M.A. research I was trying to find new aspects of this phenomenon who could give an additional impulse to the artists of various fields. A metro system is about permanent transit which continouos energy stream is created by people, traffic participants. Moving masses create a common – mass – emotion and they are impacted by a distinctive esthetics and ruled by the sum of signs. Basing myself upon Michele Foucoult space philosphy ideas, the interpretation of symbol language by Ernst Gombrich, Paul Johaness Tillich and other authors, also by deep rooted collective experience, which historically could be explained by a Christian theology narrative, I was looking for my own senses and resources of artistical expressions under the ground. By disclosing the best metro examples and my own theoretical considerations I am trying to prove that a metro system is a society's mirror and the reflectors are underground platforms, stations and visual expressions of metro entries. There are innumerable objective and subjective connections in a metro system, but my major survey method is an empirical study, id est observing of already existing objects and analysing them, searching for relevant and common aspects and derivative interactions (?). In order to comprehend how metro systems are created, developed and later on kept on functioning I have analysed several metropolitans in different countries and found out that a metro is a very sensitive system, reflecting economical, social and cultural aspects of a society. I am glad I have managed to percieve its universal problems and their solutions. Those countries have inspiringly huge amount of artworks in their public metro spaces and one should notice the abundance of ideas and the quality of their implementations there. So there is no wonder that those countries with such metros usually have a special organization taking care of a city's metro and its public spaces. In my M.A. thesis I discuss the best example of such an organization that is, in my consideration, the Metropolitan Transportation Authority in New York. At the end of XX century it was created mainly to help NY Subway system to get rid of its negative image and save this rapid transit system from collapsing. The heads of MTA very early understood that it was a good idea invest not only in design but art, as well. Since 1985 MTA's Arts and Design Program has invited almost three hundred young and prominent artists to put into reality their creative ideas in 260, almost a half of all NY metro stations. That is why NY Subway has a right now to present itself as the world's biggest public art museum under the ground. Another inspiring example is Stokholm. At the second half of XX century Swedish artists successfully managed a completely new project to them in Stokholm underground and proudly proved that art can be very democratic and artists can work in collaboration with other specialists as engineers, architects and workers. Decades after decades Stokholm metro slowly built a 110 km length underground art gallery. Stokholm metro art no longer belongs exceptionally to the Swedes, the sound of their capital's unique underground system and its images has already spread all over the globe. It has to be said – the winners of Stokholm's metro are all Swedes and every artist in this country. Swedish art curator Göran Söderström in his book Art Goes Uderground, which I can already name as my basic table book, calls Stokholm metro "a utilitarian, literally". He along all the authors of this book explain every aspect of Stokholm metro: from a need to build it, as well as planning and engineering it, to a society's needs and opinions and detailed descriptions of all stations with artworks and presentation of their creating history and philosophy. Utilitarian point of view is very distinct in all the examples presented in my M.A. thesis. One couldn't find a negative artwork or negative context anywhere in metros. Perhaps it is a common secret publicly kept in silence. If somebody decided to come up with a destructive idea, probably it would be rejected because of responsibility for a huge audience, millions of people everyday travelling rapid transit trains. Open, anonymous, unregulated public spaces naturally become a scene for social expression, especially it is true in transit zone spaces. If I discuss the esthetics in art decorated metro stations, I should discuss the space before the occurance of this estethics, I guess. My opionion of graffiti, at times irritating, at times positive phenomenon for me, is very well represented in a book about graffiti's (im)propriety called Inopinatum, written by young scholars in Rome. I could only admit that the works of street artists as Banksy, Blu, Os Gemeos become organic part of a facade and immediately create an urban value to it. And on the contrary, messy, dirty, damaged and tagged public metro space is inducing so called broken windows syndrome. My object of interest – Vilnius Metro – does not exist. Its inexestance or, in other words, the imaginery existance, became the major problem of my M.A. survey. My interest in possibility to build Vilnius metropolitan started with already existing strategy of the city. M. De Certeau ideas prompted me that my metro could be reflected from the point of view of a tactitian. Vilnius metro idea creators already have several schemes and metro line junctions. It was interesting to study them and evaluating their correspondence with my expectations as a tactitian. An organic metro line net reminds me of a plant root system, a huge battery placed under the city and providing it with energy. Cities with metros remind me of a human body that is vital, vibrant and forever young. My meeting with Vilnius metro planners and conversations with them could have become a small play of its own or extend the practical part of my M.A. thesis. Sadly, I have to admit that very important topic of Vilnius city landed in the hands of lobbyists and their "life mission" to build a metro is nothing more as a selfish search for a lucrative way to dig under Vilnius ground. As soon as I found it, I decided to look for data of this subject by myself and stop using the data supplied from the Destorted Looking-Glass Land of Vilnius metro lobbyists. For months attentively studying Vilnius city structure and its maps I have built a Vilnius metro scheme of my own. Along these studies I have been reading Tomas Venclova books. I trusted this Vilnius researcher, as well as his experience and insights. His idea about Vilnius, which fascinated me the most, was that Vilnius old town reminded anatomical heart. So I looked precisely at the contor map of Vilnius old town made by Vilnius municipality and I was astonished at how right and precise Tomas Venclova was, only several percent of the old town had not fitted into the contour. And not only this, Vilnius old town resembled an actual anatomical heart with its venous and arterial blood vessels taking all nutrients needed form the rivers Neris and Vilnelė. So that is how my city started – from the heart. Vilnius city anatomy with metro stations, that are still waiting for being created and given significance. It seems quite a good idea to me.
The purpose of this M.A. thesis is to research a hypothetical possibillity of building a metropolitan system in the city of Vilnius. For many years the idea of Vilnius Metro has been already escalated from engineerical, economical, ecological, political point of views, nethertheless, there is no data about Lithuanian artists showing major interest in this theme. Metro stations still are unseen kind of public spaces in Lithuania, that's why a newly built metro could possibly foster our artists' imagination. During my M.A. research I was trying to find new aspects of this phenomenon who could give an additional impulse to the artists of various fields. A metro system is about permanent transit which continouos energy stream is created by people, traffic participants. Moving masses create a common – mass – emotion and they are impacted by a distinctive esthetics and ruled by the sum of signs. Basing myself upon Michele Foucoult space philosphy ideas, the interpretation of symbol language by Ernst Gombrich, Paul Johaness Tillich and other authors, also by deep rooted collective experience, which historically could be explained by a Christian theology narrative, I was looking for my own senses and resources of artistical expressions under the ground. By disclosing the best metro examples and my own theoretical considerations I am trying to prove that a metro system is a society's mirror and the reflectors are underground platforms, stations and visual expressions of metro entries. There are innumerable objective and subjective connections in a metro system, but my major survey method is an empirical study, id est observing of already existing objects and analysing them, searching for relevant and common aspects and derivative interactions (?). In order to comprehend how metro systems are created, developed and later on kept on functioning I have analysed several metropolitans in different countries and found out that a metro is a very sensitive system, reflecting economical, social and cultural aspects of a society. I am glad I have managed to percieve its universal problems and their solutions. Those countries have inspiringly huge amount of artworks in their public metro spaces and one should notice the abundance of ideas and the quality of their implementations there. So there is no wonder that those countries with such metros usually have a special organization taking care of a city's metro and its public spaces. In my M.A. thesis I discuss the best example of such an organization that is, in my consideration, the Metropolitan Transportation Authority in New York. At the end of XX century it was created mainly to help NY Subway system to get rid of its negative image and save this rapid transit system from collapsing. The heads of MTA very early understood that it was a good idea invest not only in design but art, as well. Since 1985 MTA's Arts and Design Program has invited almost three hundred young and prominent artists to put into reality their creative ideas in 260, almost a half of all NY metro stations. That is why NY Subway has a right now to present itself as the world's biggest public art museum under the ground. Another inspiring example is Stokholm. At the second half of XX century Swedish artists successfully managed a completely new project to them in Stokholm underground and proudly proved that art can be very democratic and artists can work in collaboration with other specialists as engineers, architects and workers. Decades after decades Stokholm metro slowly built a 110 km length underground art gallery. Stokholm metro art no longer belongs exceptionally to the Swedes, the sound of their capital's unique underground system and its images has already spread all over the globe. It has to be said – the winners of Stokholm's metro are all Swedes and every artist in this country. Swedish art curator Göran Söderström in his book Art Goes Uderground, which I can already name as my basic table book, calls Stokholm metro "a utilitarian, literally". He along all the authors of this book explain every aspect of Stokholm metro: from a need to build it, as well as planning and engineering it, to a society's needs and opinions and detailed descriptions of all stations with artworks and presentation of their creating history and philosophy. Utilitarian point of view is very distinct in all the examples presented in my M.A. thesis. One couldn't find a negative artwork or negative context anywhere in metros. Perhaps it is a common secret publicly kept in silence. If somebody decided to come up with a destructive idea, probably it would be rejected because of responsibility for a huge audience, millions of people everyday travelling rapid transit trains. Open, anonymous, unregulated public spaces naturally become a scene for social expression, especially it is true in transit zone spaces. If I discuss the esthetics in art decorated metro stations, I should discuss the space before the occurance of this estethics, I guess. My opionion of graffiti, at times irritating, at times positive phenomenon for me, is very well represented in a book about graffiti's (im)propriety called Inopinatum, written by young scholars in Rome. I could only admit that the works of street artists as Banksy, Blu, Os Gemeos become organic part of a facade and immediately create an urban value to it. And on the contrary, messy, dirty, damaged and tagged public metro space is inducing so called broken windows syndrome. My object of interest – Vilnius Metro – does not exist. Its inexestance or, in other words, the imaginery existance, became the major problem of my M.A. survey. My interest in possibility to build Vilnius metropolitan started with already existing strategy of the city. M. De Certeau ideas prompted me that my metro could be reflected from the point of view of a tactitian. Vilnius metro idea creators already have several schemes and metro line junctions. It was interesting to study them and evaluating their correspondence with my expectations as a tactitian. An organic metro line net reminds me of a plant root system, a huge battery placed under the city and providing it with energy. Cities with metros remind me of a human body that is vital, vibrant and forever young. My meeting with Vilnius metro planners and conversations with them could have become a small play of its own or extend the practical part of my M.A. thesis. Sadly, I have to admit that very important topic of Vilnius city landed in the hands of lobbyists and their "life mission" to build a metro is nothing more as a selfish search for a lucrative way to dig under Vilnius ground. As soon as I found it, I decided to look for data of this subject by myself and stop using the data supplied from the Destorted Looking-Glass Land of Vilnius metro lobbyists. For months attentively studying Vilnius city structure and its maps I have built a Vilnius metro scheme of my own. Along these studies I have been reading Tomas Venclova books. I trusted this Vilnius researcher, as well as his experience and insights. His idea about Vilnius, which fascinated me the most, was that Vilnius old town reminded anatomical heart. So I looked precisely at the contor map of Vilnius old town made by Vilnius municipality and I was astonished at how right and precise Tomas Venclova was, only several percent of the old town had not fitted into the contour. And not only this, Vilnius old town resembled an actual anatomical heart with its venous and arterial blood vessels taking all nutrients needed form the rivers Neris and Vilnelė. So that is how my city started – from the heart. Vilnius city anatomy with metro stations, that are still waiting for being created and given significance. It seems quite a good idea to me.
The purpose of this M.A. thesis is to research a hypothetical possibillity of building a metropolitan system in the city of Vilnius. For many years the idea of Vilnius Metro has been already escalated from engineerical, economical, ecological, political point of views, nethertheless, there is no data about Lithuanian artists showing major interest in this theme. Metro stations still are unseen kind of public spaces in Lithuania, that's why a newly built metro could possibly foster our artists' imagination. During my M.A. research I was trying to find new aspects of this phenomenon who could give an additional impulse to the artists of various fields. A metro system is about permanent transit which continouos energy stream is created by people, traffic participants. Moving masses create a common – mass – emotion and they are impacted by a distinctive esthetics and ruled by the sum of signs. Basing myself upon Michele Foucoult space philosphy ideas, the interpretation of symbol language by Ernst Gombrich, Paul Johaness Tillich and other authors, also by deep rooted collective experience, which historically could be explained by a Christian theology narrative, I was looking for my own senses and resources of artistical expressions under the ground. By disclosing the best metro examples and my own theoretical considerations I am trying to prove that a metro system is a society's mirror and the reflectors are underground platforms, stations and visual expressions of metro entries. There are innumerable objective and subjective connections in a metro system, but my major survey method is an empirical study, id est observing of already existing objects and analysing them, searching for relevant and common aspects and derivative interactions (?). In order to comprehend how metro systems are created, developed and later on kept on functioning I have analysed several metropolitans in different countries and found out that a metro is a very sensitive system, reflecting economical, social and cultural aspects of a society. ...
Concerning the most complicated element of the non bis in idem, i.e. the notion of the "same acts", the Court had adopted the broad factual approach. The relevant criterion for the purposes of the application of the principle is the identity of the material acts understood as the existence of a set of facts which are inextricably linked together, irrespective of the legal classification or the legal interest protected. However, the definitive assessment in this regard is a matter for the competent national courts which must determine whether the material acts constitute a set of facts which are inextricably linked together in time, in space and by their subject-matter. The variety of the situations where this criterion was applied by the Court is analysed in the second part of the article. The authors make an attempt to distinguish the specific features of the "same acts" in the context of the trans-European non bis in idem principle in comparison with the purely national context and identify the eventual impact of the application of the transnational non bis in idem rule to the qualification of the offences.
Concerning the most complicated element of the non bis in idem, i.e. the notion of the "same acts", the Court had adopted the broad factual approach. The relevant criterion for the purposes of the application of the principle is the identity of the material acts understood as the existence of a set of facts which are inextricably linked together, irrespective of the legal classification or the legal interest protected. However, the definitive assessment in this regard is a matter for the competent national courts which must determine whether the material acts constitute a set of facts which are inextricably linked together in time, in space and by their subject-matter. The variety of the situations where this criterion was applied by the Court is analysed in the second part of the article. The authors make an attempt to distinguish the specific features of the "same acts" in the context of the trans-European non bis in idem principle in comparison with the purely national context and identify the eventual impact of the application of the transnational non bis in idem rule to the qualification of the offences.
