The article deals with the constitutional right of a person to apply to court. While construing this constitutionally entrenched right of a person, one analyses the doctrine of the right of a person to apply to court, which was formed in the jurisprudence of the Constitutional Court of the Republic of Lithuania. The right of a person to court is entrenched expressis verbis in Paragraph 1 of Article 30 of the Constitution whereby the person whose constitutional rights or (...) freedoms are violated shall have the right to apply to court. The doctrine of the Constitutional Court derives this right also from the constitutional principle of a state under the rule of law. The right of a person to court is inseparable from other norms and principles of the Constitution, which are equality of rights, the right to compensation of damage, the right to a proper court process, etc. (shrink)

The article analyses information exchange agreements between competitors. The article aims to reveal the cases where the exchange of information between competitors might be considered as a prohibited agreement, violating Article 101 of the Treaty on the Functioning of the European Union or Article 5 of the Law of the Republic of Lithuania on Competition. The article analyses the legal nature of the information exchange agreements between competitors, with utmost regard to the criteria, according to which an agreement (...) on the exchange of information could be acknowledged as prohibited or violating the rules of competition law. In the article it is presumed that information exchange agreements do not aim at restricting competition, however in certain cases they might have the effect of restriction of competition. (shrink)

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages compensation (...) and the calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)

The article discusses the certain features of the constitutional doctrine of human rights developed by the Constitutional Court of Lithuania which were influenced by the jurisprudence of the European Court of Human Rights, the role of the European Convention on Human Rights as a legal source in the system of sources of constitutional law. The intersection of the jurisprudences, which came into being due to different assessments of the legal regulation in cases where the same legal act was recognized (...) by the Constitutional Court being in compliance with the Constitution and the European Court of Human Rights recognized that the application of the said act was a cause of the violation of a certain person’s rights protected by the Convention (or vice versa) is one of the most important questions and raises many theoretical and practical problems. Different assessment of the legal acts made by the European Court of Human Rights with regard to their compliance with the Conventionshould not be regarded as such an essential circumstance which could lead to possible repeated review of such legal act at the Constitutional Court, such intersection of the jurisprudences, should be solved by ordinary courts while following the doctrine that in cases where legal acts contain the legal regulation which competes with that established in the international treaty, the international treaty should be applied. (shrink)

In 2011 the European Court of Human Rights delivered 10 judgments in cases against the Republic of Lithuania. In 9 judgments the Court found at least one violation of rights and freedoms guaranteed by the European Convention on Human Rights. Article 6 which provides the right to a fair trial, remains dominant in the applications against Lithuania, since in 7 out of 10 delivered judgments the Court declared violations of Article 6 (mostly paragraph 1 concerning the length (...) of proceedings). In 2011 the Court as well declared violations of prohibition of torture, right to respect for private and family life and the right to free elections. (shrink)

This article presents the review of the cases decided by the European Court of Human Rights against Lithuania during 2010. Authors provide the summary of relevant cases so that the potential reader is updated with the latest developments of human rights protection concerning Lithuania. Among other cases, this article reviews the case Cudak v. Lithuania decided by the Grand Chamber, which clarified the issues of restrictive principle of State immunity in employment disputes.

The paper aims at revealing the key legal and political factors that determined the organization and holding of the referendum on unconditional and urgent withdrawal of the former USSR army from the territory of the Republic of Lithuania and restitution of damage to Lithuania. It is established that the main factor was that the Supreme Council-Reconstituent Seimas of the Lithuanian Republic adopted provisions on the status of the occupation army and was constant in seeking to ensure (...) the sovereignty of the state of Lithuania throughout its territory. The position of the nations, parliaments and governments of the Republics of Estonia and Latvia was yet another circumstance that the organizers of the referendum relied upon. Their position was aimed at ensuring that as a result of negotiations, the foreign military forces return to dislocation places in its own territory. Retrospective view on the phenomena and facts of the state’s internal and foreign politics in 1991-1992 makes it impossible not to notice that negotiations with the USSR and later, with the Russian Federation, took place in a complicated political arena. While Lithuania was seeking dynamism in negotiations, the other party was finding various excuses to impede dynamic actions and thus to delay positive agreements. Taking due regard to the situation, it was believed that a decision adopted by the Nation would speed up the negotiations on foreign state’s armed forces. (shrink)

Straipsnyje nagrinėjamas Lietuvos Respublikos darbo ginčų instituto reformavimas ir kaita Nepriklausomybės laikotarpiu atskirų Europos Sąjungos valstybių patirties kontekste. Darbo ginčų reforma Lietuvoje minimu laikotarpiu vyko keliais etapais, iš jų paskutinysis, prasidėjęs 2013 m. sausio 1 d., pakeitė darbo ginčų komisijų organizavimo tvarką, šias komisijas pradėjus kurti teritoriniu principu, prie veikiančių Valstybinės darbo inspekcijos teritorinių padalinių, nustačius, kad į darbo ginčų komisiją su skundu gali kreiptis ne tik darbuotojas, bet ir darbdavys, įvedus kitas naujoves. Tačiau šie pokyčiai vis dar neatspindi europinių (...) tendencijų, kiek įmanoma mažiau institucionalizuoti ikiteisminę individulių darbo ginčų nagrinėjimo tvarką. Straipsnyje akcentuojama mintis, jog darbo ginčų instituto reforma laikytina nebaigta ir, tikėtina, bus tęsiama, remiantis pažangiausia kai kurių ES valstybių praktika šioje srityje, tačiau išlaikant nacionalinį teisinio reguliavimo ypatumą. (shrink)

The European Union policy is geared towards fostering the diversity of cultural expression in its member states. Globalisation, cosmopolitanism and increasing mobility of the population have been destroying the fundamental values of nation-based states. The preservation of the ethnicity of the nation is becoming an increasing challenge. In Lithuania, where ethnicity has deep roots, many prominent representatives of the Lithuanian national revival, cultural figures, philosophers and pedagogues have emphasised the importance of national culture and the development of national identity (...) in the educational space in order to preserve the foundations of the state and its future sovereignty. This is, therefore, becoming an important educational challenge. In 2009, the Ministry of Education, Science and Sport of the Republic of Lithuania adopted the “Strategy for the Development of Ethnic Culture in Educational Institutions”, which was specified in the action program in 2012. However, the modelling of civic education, especially the practical implementation process, faces challenges in the area of education, one of which is the lack of proper attention from participants in education and media. The empirical research reveals that the interest of Lithuanian youth in the history of the national and ethnic culture remains low. This shows that when implementing reforms in the country’s education system, it is appropriate to impart fundamental provisions of citizenship and nationality to the young generation in a consistent and attractive manner. The aim of the article is to present the expression of citizenship and nationality in the educational space of Lithuania and to provide guidelines for improvement of civic education based on research. (shrink)

Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such legal (...) measure. According to the article Twenty of the convention, “Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income”. While the convention was undoubtedly major factor for making grounds for said developments the need to widen the scope of confiscation of property and impound illegally acquired wealth were the driving forces behind the political will to support amendments to the Criminal Code. At same time the new offence of illicit enrichment presents significant challenges for the investigative bodies with the prosecution as well as the courts establishing such offences. First and foremost, the techniques of criminalization and legal wording of the offence are new and do not go well with the established principles of criminalization. Unnatural features of the corpus of the crime listed in the code (article No. 1891 of the Criminal Code of Lithuania) involve criminal act lacking attributes illegitimacy, complications regarding guilt of the accused. In addition, doubts and questions regarding the fundamental principles of criminal procedure, due process concerns, and problems of the balance of the rights of the accused with the right of the society to recover illicitly acquired wealth. The relationship of illicit enrichment to other criminal acts committed by the same accused is also of a great importance in establishing sources of such enrichment. As for the time of submission of present article, one hundred and seven interrogations on the illicit enrichment were on and lasting while only three simplified judgments and one proper court sentence were passed. The reasons for such slow implementation of the law are the ambiguities of the definition of law, as well as limitations of regulations, insufficiencies in asset declaration systems, lack of theoretical background and complete absence of court practice on such cases. Two of the existing convictions are analyzed from the point of view of establishment of guilt, the evidence set in the case, the grounds of adequacy of such convictions. The examples presented give basis to judge the adequacy of the new law an opportunity to predict the future rulings of the courts. Necessity of the improvements of the law becomes quite obvious on the basis of the analysis. Strong criticisms, various scientific suggestions on the improvements of the regulations, namely on the constitution of guilt, wording of the criminal act are presented by the author. (shrink)

The paper focuses on the constitutional foundations of the finance system of the Republic of Lithuania. Constitutional jurisprudence pays due respect to the issues of budget system, and to interpret and analyse tax problems. The main purpose of this paper is to analyse separate institutes of the financial system of Lithuania, reflected in the main law of the country – the Constitution, and how these norms are interpreted in the constitutional doctrine. Notably, although the main analysed provisions (...) are entrenched in the Chapter XI “Finances and state budget,” the paper is not restricted only on the analysis of these norms, but also provides a complex analysis of other connected norms and their interpretation in the constitutional jurisprudence. (shrink)

In this article the influence of scientific attitudes of Prof. Mykolas Romeris upon modern administrative justice of Lithuania is investigated by historic and comparative aspects. In the first part of article the Professor’s ideas, stated in the fundamental monograph “Administrative Court”, published in Kaunas, in 1928, about the foundation of the Administrative court are reviewed. Here are also pointed out Prof. M. Romeris’ principal,alternative and critical notes concerning the draft of the Law of Administrative Court, made by the Seimas (...) (Parliament) Committee on April 1940. As due to historical circumstances of that time the Law was not passed, in the second part of this article the author proposes the analysis of which ideas of Prof. M. Romeris and to what ambit they were reflected in the Republic of Lithuania Law on the Proceedings of Administrative Cases enacted in 1999, and improved in 2000. The conclusion is made that in this case almost all principle attitudes of Prof. M. Romeris on the organizing the Administrative court and its competence were realized in this Law. It is also stated that the Law mentioned also embedded some other norms, e.g. the possibility to settle a dispute in a pretrial way in Administrative Disputes Commissions. (shrink)

The Convention on Cybercrime (the Convention) adopted in the framework of the Council of Europe is the main international legislative tool in the fight against cybercrime. It is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with infringements of copyright, computer-related fraud, child pornography and violations of network security. Lithuania is among its signatory states, therefore, the provisions of the Convention have become binding on its legislator, obliging it to take all (...) necessary measures to harmonize national legal acts with the framework set out therein. The Criminal Code of the Republic of Lithuania (the CC) in force is the legal act establishing liability for criminal offences known as computer crimes and Internet crimes. Although the legislator of Lithuania had been combating cybercrimes since as early as 1994 by means of the amendments to the Soviet era Criminal Code of 1961, a significant effort was required to transpose the requirements of the Convention into the Lithuanian law, starting from the year 2007. The end result was not always as expected, leaving several serious gaps in the field of criminalization, which are thoroughly addressed in the article. In particular, this article deals with the topic of computer-related crimes and the legal approaches related to substantive criminal law of the Republic of Lithuania. The study is based on a comparative legal analysis of the Lithuanian CC and the Convention. (shrink)

The ombudsman tradition originated in Sweden in 1809 and has spread throughout the world in less than two hundred years. An ombudsman is a public official that offers people an opportunity to have their complaints heard, evaluated, and investigated by a neutral and independent body, and offers recommendations to the involved parties. The ombudsman plays an important role in strengthening democratic governance, rule of law, and civil society. Article 73 of the Constitution of the Republic of Lithuania establishes (...) that: ‘The Seimas controllers shall examine complaints of citizens concerning the abuse of powers by, or bureaucratic intransigence of, State and municipal officials (with the exception of judges). They shall have the right to submit a motion before a court that the guilty officials be dismissed from office. The powers of the Seimas controllers shall be established by law. If necessary, the Seimas shall also establish other institutions of control. Their system and powers shall be established by law.’. (shrink)

The article focuses on the analysis of preparation of crime prevention programmes in Lithuania and assesses their level of compliance with the methodological requirements for programme preparation. Many crime prevention programmes are approved and implemented at national level in Lithuania. If such programmes were prepared in accordance with the principles and methods recommended in the scientific literature, the efficiency of crime prevention programmes would undoubtedly increase. In Lithuania, a number of studies on the efficiency of the existing (...) crime prevention programmes were carried out; however, none of them assessed the level of compliance of such programmes with the methodological requirements for the preparation of such programmes. The object of the study – crime prevention programmes in Lithuania. The goal of the study is to analyse the preparation of crime prevention programmes currently available in Lithuania, to identify major problems related to the preparation of such programmes, and to suggest possible solutions to these problems. In order to achieve that goal, the article lists and defines the main general aspects of crime prevention, and carries out an analysis of the principles and methodological aspects of preparation of crime prevention programmes. Subsequently, the crime prevention programmes available in Lithuania are analysed and their level of compliance with the methodological requirements for such programmes is assessed. Major problems related to the preparation of such programmes are defined. Research methods. Analysis of scientific literature, comparative analysis, analysis of legal documents, content analysis, statistical data analysis, systemising and generalisation. Main results and conclusions: • After investigating 49 crime prevention programmes it was found that none of the examined programmes conformed to all of the 16 criteria of the methodological requirements applicable for preparation of such programmes. Most of the crime prevention programmes have the following weaknesses: o problem-solving is formulated vaguely and inaccurately – the main problem for which the programme is created is not distinguished and its extent and content cannot be determined by objectively measurable indicators. o Permanence of solving problems is not defined – the programmes did not provide data showing the duration of an underlying problem. o Unidentified negative consequences of the phenomenon – negative consequences of the problem are not revealed, the damage is not assessed. o The goals do not correspond to the problem – the results of the goals, which would be expressed in terms of changes to be achieved, describing changes to the extent and/or content of the problem are not determined. o The goals are not concrete and exact – the objects of impact, their changes and expected results are not defined. o The goals are incomprehensible – they are vaguely formulated and treated like tasks. o Non-specific tasks – there are no outcomes measurable by objective indicators, after achieving that the tasks are resolved. o The potential effectiveness of the selected measures is not specified - there is no indication on the grounds of the conclusion as to the potential effectiveness of each measure. o The financial costs of implementing measures are not estimated. o The expected results are not determined - there is no indication as to the changes to be determined by the implementation of the programme. o There are no criteria provided for the assessment of effectiveness and impact. o The participation of the non-governmental organisations and individuals in the implementation of the measures is not defined. • On average, crime prevention programmes meet 6.8 of the criteria (out of the 16 criteria analysed). This means that on average the programmes meet less than half of all the criteria used. • Only 20 (41%) crime prevention programmes meet half or more of the criteria examined. Proposal. Given the irrational use of the allocated resources for the implementation of the poorly developed crime prevention programmes, the Government of the Republic of Lithuania should develop and adopt a mandatory and not a guidance methodology for the preparation of programmes, to be used by anyone preparing programmes financed from the state budget. (shrink)

The article discusses theoretical and practical issues one may face when applying various types of employment contracts, refers to specific legal relations governed by Labour Code standards, and raises issues that would help to solve the existing troubles. Last decades as globalization processes were gaining pace, and market economy conditions changed, labour and production organization models were undergoing transformation. The more complex people’s social relationships are, the greater is the need to regulate these relationships, i. e. to adopt legislation that (...) would create pre-conditions for addressing social interest conflicts. Thus a need has arisen for a new legal regulation because new activity models do not fit into traditional relationships governed by labour law. Along standard employment relationship, non-standard relationships occur in the market. In 2003 the Ministry of Social Security and Labour of the Republic of Lithuania issued recommendations for employers on flexible work organisation forms and indicated reasons for the organisation of flexible work forms: the nature of work and employee’s demographic and social characteristics; fulfilment of family duties; health condition; unfavourable work environment; employee’s age; studying and studies. (shrink)

Legal acts of the Republic of Lithuania establish several types of material liability of workers engaged in labour (professional) relations: material liability applied pursuant to the Labour Code of the Republic of Lithuania (hereinafter referred to as the LC) and material liability applied pursuant to the Law on Public Service of the Republic of Lithuania (hereinafter referred to as the LPC). In the present article, theoretical and practical aspects of material liability of Lithuanian public (...) servants for material damage caused are analysed. The authors of the article study the conditions for the application of the material liability and identify the main circumstances that must be determined in applying this type of legal compulsion. Furthermore, the authors investigate the relation between the material and disciplinary liabilities, study the limits of the application of labour law norms (that regulate material liability of employees) and civil law norms (regulating personal civil liability) in professional legal relations, identify the means and procedure for solving disputes arising in the application of the material liability. Practical mistakes in the application of the material liability of public servants and violations are analysed on the basis of a rather sparse case-law of the Supreme Administrative Court of Lithuania related to the material liability. (shrink)

The research analyses the grounds for separation of employment relationship and independent contractors in civil relationship as it is established in legal provisions and court practice of the Republic of Lithuania. Firstly, criteria for separation of civil and labour legal relationship are analysed. Secondly, Lithuanian judicial practice is examined. Since employment contracts are closely related to undeclared work, thirdly, practise of recognizing of undeclared work is used as criteria for identification of employment relationship. The criteria of illegal and (...) undeclared work revealed in court practice are discussed. The changing nature of employment, atypical workers and independent contractors create many problems for separation of these relations. (shrink)

The theoretical aspects and practical application of the termination of an employment contract upon an employee’s notice are analyzed in the paper. An employee can terminate an employment contract by his/her notice either without specifying any reason or due to some serious reasons. The problems of the regulation of the grounds for the exipiry of an employment contract are discussed and analyzed by comparison with the corresponding regulations in other European countries. Rulings of the Supreme Court of the Republic (...) of Lithuania are discussed to reveal the problems existing in practice. Conclusions and suggestions for the improvement of laws providing conditions for homogeneous interpretation of legal provisions are presented. (shrink)

In this article there is analysed an independent criminal punishment – public works, which was determined by the Criminal Code and the Punishment Enforcement Code of the Republic of Lithuania as alternative punishment to freedom deprivation punishment. Without looking into the process of historical development, it is made an attempt to overview the tendency of public works’ spreading, to analyse the problems of public works’ realisation and how to deal with them. There is compared Lithuanian legal regulations with (...) international documents, which are related with alternative punishment as alternative to freedom deprivation punishment. There is also looked over public works’ legal regulations in foreign countries, an experience of public works implementation in Lithuania and abroad and, the most important, there had been given landmarks of public works institution improvement. The article is based upon the documents of the United Nations and the Council of Europe, legal regulations and practice of public works in foreign countries, opinion and studies of foreign scientists and the other authors, the data of statistics and questioning of the officers of correctional inspections. (shrink)

Lithuania was one of the first states in Europe to approve a comprehensive list of patients’ duties under a special Law on the Rights of Patients of 2010. The approval of the catalogue of patients’ duties at the level of a law is based on the restatement of the principle of equal rights of the parties participating in health care relations, and the prevention of consumerism in these relations. The paper distinguishes between general and special patients’ duties. The general (...) duties include the duty to exercise the patient’s rights in good faith, the ban to abuse them, the duties of cooperation and looking after one’s health, as well as the duty of treatment with due respect. The norms that entrench duties of ethical nature should serve to prevent any inappropriate behaviour of patients in health care institutions. Nevertheless, legal application of these provisions and proving the infringements in practice is likely to be complicated. The special duties include: the duty to familiarise oneself against signature with the internal regulations of the health care institution as presented to him or her, other documents prescribed by the health care institution; the duty to present the documents confirming identity; the duty upon receiving information about the health care services prescribed for him or her to confirm in writing his or her consent or refusal with regard to the provision of such health care services in the cases specified by the law; the duty to provide health care professionals with any information about one’s health, to follow the prescriptions and recommendations of health care professionals, to inform health care professionals about any deviations from the prescriptions or the prescribed treatment regime which he or she has accepted. The legal analysis of the contents of the duties has revealed certain unsubstantial obscurities. The analysis of the provision that enables to take sanctions against the patient infringing their duties has revealed that the health care institution may only terminate provision of health care services to the patient if one of the two alternative conditions is fulfilled. I.e. if a person violates his or her duties and thereby causes danger to their own and other patients’ health and life, or prevents them from receiving high quality health care services. The conclusions show that application of this provision may be problematic: first, due to the juridical technique of the wording of the norm; second – due to complicated substantiating that the patient prevented or prevents other patients from receiving high quality health care services; third – due to the conflict of this provision with the provision of the Law of the Republic of Lithuania on Medical Practice, which provides that a doctor may refuse provision of health care services in cases of real threat to his or her own life; and fourth – the norm does not provide for the right to terminate the provision of services in cases of threat to health and/or life of health care workers (non-specialists). (shrink)

The consequence of establishing new Polish state borders after the Second World War was the mass resettlement of citizens of the pre-war Second Polish Republic (II Rzeczpospolita) from the so-called Kresy – now newly established Lithuanian, Belarusian and Ukrainian republics of the Soviet Union – to the Polish People’s Republic (Polska Rzeczpospolita Ludowa). The 240,000 Poles, who left the Lithuanian Soviet Socialist Republic as part of the post-war resettlement, were only part of a group of over 1.4 (...) million people resettled to ‘new Poland’. With extraordinary strength, they revived the 19th century myth of the Polish Kresy – one of the most important Polish national myths – which soon became an inseparable part of the Polish national discourse and the main element of Polish identity policy towards Poles who stayed in Kresy. This article is an attempt to answer the following question: What is the meaning of and role played by Kresy myth/discourse in constructing the identity of contemporary Poles living in South-eastern Lithuania – on the territory of these mythical Polish Kresy? The article is based on a series of interviews with Poles from Lithuania and representatives of governmental and non-governmental organisations operating for the Kresy, as well as an analysis of the content of these organisations websites with a project offer addressed to Poles in Lithuania. (shrink)

The article discusses the problems of development of women’s political rights in Lithuania in the legal historical aspect starting from the 16th century, when some property and individual rights were enshrined in the first codifications of the laws of the Great Duchy of Lithuania. The aim of the article is to show that women’s struggle for political equality and suffrage at the end of the 19th and at the turn of the 20th century correlates with the movement for (...) re-establishment of the independent State of Lithuania. As a result in Lithuania equal suffrage and political rights were ensured from the very beginning of independence. In 1905 the Great Seimas of Vilnius recognized the principles of equality of women and men and declared the principles of equal general election to the Seimas (parliament); women’s suffrage, as one of the elements of legal equality, became constitutionally entrenched already in the first temporary Constitution of the State of Lithuania in 1918. At the end of the 20th century and the beginning of the 21st century women’s rights have been further developed, moreover, the first woman was elected as President of the Republic in the national elections in May 2009. (shrink)

The article describes the main publications of emigrant press during the period of 1945-1990. These publications reflect a significant contribution to the academic research of the constitutional development problematics of an independent Republic of Lithuania in 1918-1940, made by the emigrants who escaped Soviet aggression by going to the West. Among emigrants these topics were mostly analysed and described at the time when any possibilities of objective academic research in Lithuania were widely limited by Soviet ideology and (...) politics. Exceptional attention of emigrant authors was attracted by the democratic constitutional structure of Lithuania, established by the Constituent Assembly. The article describes the academic research made by emigrants on the main constitutional acts established by the Constituent Assembly, such as the resolution of the 15th of May, 1920, ascertaining the fact of reconstructing the independence of the state of Lithuania, as well as the Constitution of Lithuania of August the 1st, 1922. (shrink)

Social life is changing very fast. People are trying to find out reasons of living in a safe society and understand their role in it. The ‘wrong’ and ‘right‘ models of the social life, state and law systems are appearing. In the XXth century, one of them – socialism – made suggestion how to solve social problems, determinated of capitalism. This work deals with the situation of Lithuanian social thought in the Republic of Lithuania (1900-1940). In the article, (...) the standpoint of catholics of socialism is reflected. Catholics displayed socialism as a system, which accumulated many distorted images about human nature, motivations of human behavior, society and its functionating. Considering the society being an organic totality of individuals, but not a faceless mass, and an individual being a personality having natural rights to be respected, but not considered as a little screw without any rights in the state machine, with whom any experiments may be performed, they disclosed Utopia of the idea, proposed by socialists, of the possibility of a perfect society creation by the only preliminarily arranged correct plan,. For this purpose to be achieved, they constructed a model of socialist economy and then destroyed it, demonstrating economical unefficiency of this system. In this manner, intellectuals warned Lithuania and its people about the destructiveness of the realization of such an experiment. In spite of criticism of socialism, some intellectuals, such as A. Maceina, S. Šultė and S. Šalkauskis, appeared to be rather respective to the new social ideas and did not distinguish any social economic system as the best and only one. They thought that all the world, including Lithuania, has to create a new social life and take as a base the progressive ideas of socialism and capitalism. According to the opinion of the catholics, the most reliable way to a safe sočiety and economical welfare passes through the cooperation of individuals and state’s duty to create right laws. Ideological spirit was the main obstacle for the intellectuals to recognize trends of socialism by their aims and methods. That is the reason, why socialism was identified as bolsevism. However, the expression of the intellectuals’ opinion about socialism, its ideological herritage and perspectives enriches the research of the Lithuanian legal phylosophical and political thought and allows to understand better the ideological development of socialism and to define its competence and limits of validity in the contemporary world. Valuable ideas may be fruitfully used in creating a democratic society, social state and the rule of law. (shrink)

In this article the main features and development trends of mediation as an alternative dispute resolution method are analyzed in the legal environment of the Republic of Lithuania. Mediation is analyzed as one of the primary informal alternative dispute resolution processes during which the third neutral, which is not authorized to take a decision during negotiations, helps the parties solve their dispute and the main aim of this process is the peaceful resolution of the dispute and the renewal (...) of social peace between parties. In order to create favourable legal environment for the implementation of mediation process, it is necessary to consolidate the main requirements for the mediation process: requirements for confidentiality, responsibility of mediators, legal power of conciliatory agreements, etc. In this article the legal regulation of mediation in the Republic of Lithuania is described as well. (shrink)

The paper conceptualizes five basic developmental paths the post-Soviet republics followed. The conceptual framework of this paper is expanded theory of real socialism in non-Marxian historical materialism, namely proposed the model of secession from socialist empire. The first developmental path was followed by societies in which an independent civil revolution took place. This path of development bifurcates into two furhter sub-variants. Namely civil revolutions in the Baltic republics (Latvia, Lithuania, Estonia) resulted in the independence and stable democracies. Civil revolution (...) in Caucasus republics (Armenia, Gergia) were partially succesfull because civil movement in these societies were unable to build stable democracies. Countries such as Azerbaijan, Belarus, Moldova and Ukraine followed next developmental path. Its characteristic feauture is active participation of republican communist nomenclatures in seceding from the Soviet Union and gaining state independence. In this variant of development, democratization - characteristic for the first period of independence was counterbalanced by the growing autocratization of political system. This path of development was divided into two developmental variants: in one group of countries (Ukraine) the growth of autocratization caused civil resistance (Ukraine), in the rest societies of this group (Azerbaijan, Belarus, Moldova) - not. Finally the countries of Central Asia (Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan) followed the fith developmental path. In these societies, independence permitted to preserve dictatorship of local communist nomenclatures. (shrink)

This article analyzes the judicial framework of the takeover bid regulation in Lithuania, identifies the obstacles to the more effective regulation and considers possible solutions. As laid down in the Directive 2004/25/EC of the European Parliament and the Council as well as in the Law on Securities of the Republic of Lithuania, if a natural or legal person acquires a specified percentage of voting rights in the company (the issuer), which gives him a certain degree of control (...) of the company, this person must announce and implement a mandatory takeover bid to protect the minority shareholder rights. The regulation process of takeover bids in Lithuania, however, encounters several obstacles in aiming to increase the protection of minority shareholders. The authors claim that the main problems preventing a more efficient takeover regulation are first, issues related to the counting rules of the voting rights and second, the lengthy process of implementing mandatory takeover bids (the implementation process could last up to six years). Finally, the definition of a fair price of the security presents another obstacle to a more efficient takeover regulation as well. The matter of a fair and reasonable price is the most important in emerging markets, such as Lithuania. (shrink)

The article analyzes one of the fundamental rights – the right to maintenance, which proper implementation ensures normal development of the child. This right matches with the duty of parents to maintain their minor children. Paragraph 6 of Article 38 of the Constitution of the Republic of Lithuania states that parents have a duty to educate their children to be honest people and loyal citizens, supporting them until adulthood. The obligation to maintain children is established in the first (...) 3.192 Article paragraph of the Civil Code of the Republic of Lithuania, and the responsibility for avoiding to maintain a child is provided in Article 164 of the Criminal Code. The article discusses the fact that the analysis of criminal law rate is not precise enough. Article 164 of the Criminal Code does not match with the child maintenance methods specified in the CC Article 3.196 paragraph 1. Since criminal liability is only for judgment in default in civil cases, a person shall only be liable for breaking the right to maintain a child, provided in the CC 3.196 paragraph 1. This article deeply analyzes the problematic qualification aspects of the avoidance to maintain a child. Some alternative ways of child maintenance are mentioned, as can be chosen from other law instruments (bailiffs, Guarantee child support fund) and it leads to the ultima ratio principle. On the other hand, it is not required to seek alternative remedies for affected interests, and it is possible to initiate a pre-trial investigation. Therefore, this article seeks to identify specific civil and criminal law rules delimitation. Avoidance of child maintenance is an ongoing crime. The main problem in legal practice is to determine an end of this ongoing criminal conduct. The practice of the Supreme Court of Lithuania is not unanimous. In some cases, the end of this ongoing conduct is considered to be a moment when the past judgment has entered into force, in other cases – the moment of indictment. These positions are criticized by many authors and it is suggested to follow the Supreme Court’s practice, according to which the moment when a judgment of conviction for the criminal act is passed should be considered as an end of an ongoing criminal conduct. (shrink)

The article aims to assess whether the procedural innovations introduced by the reform of the civil procedure law of the Republic of Lithuania have brought changes in judges’ behaviour, which the reform intended to achieve. The study analyses the driving reason behind the reform of the civil procedure law, its objectives, and the ways the five innovations brought about by the reform changed the behaviour of the judges. The analysis of the legal sources and the empirical study show (...) that some of the innovations introduced by the Civil Procedure Code have not yet been properly assimilated and that the code, which has been in force for twenty years, is still not fully operational and understood. (shrink)

The author of the article analyzes the constitutional doctrine of the dismissal of a judge from office upon the expiration of the term of powers. The author discusses the guarantees of the independence of courts and judges, one of which is the guarantee of the inviolability of the length of powers of judges. The previously valid Law on Courts used to provide that the President of the Republic could appoint a person as a judge of a local court when (...) such an appointment is made for the first time, for a five-year term, and that upon the expiration of the five-year term, the President of the Republic could appoint such a person as a judge of a local court without examination or selection until the person reaches the age of 65. Under the Law on Courts valid at present, judges of all courts are appointed at once for the term until they reach 65 years of age. It is asserted in the article that the Constitution of the Republic of Lithuania has not established the right of a person, who was for the first time appointed as a judge of a local court for a five-year term, to be appointed as a judge until he reaches 65 years of age. (shrink)

The article deals with the entrenchment of the institute of criminal liability of a legal person in the Lithuanian criminal law. Upon approval of the Criminal Code of the Republic of Lithuania (hereinafter also referred to as the CC) on 26 September 2000, the criminal liability of a legal person was provided almost in every fifth (at present—in every second) article of the Special Part of the CC. Although criminal liability has been increasingly applied to legal persons (e.g., (...) in 2011, if compared to 2005, almost three times as much punishments were imposed), however, almost 90 percent of the articles of the CC providing also for criminal liability of a legal person are “dead”. One doubt arises with regard to social legitimacy of such lawmaking and the quality thereof in the sense of juridical technique. (shrink)

How does an emerging community of faith develop its identity in the context of a semi-hostile and increasingly nationalistic culture? The story of the early years of Lithuanian-speaking Baptists provides an interesting and informative case study. This article focusses on the formative stage of the Lithuanian-speaking Baptist movement during the interwar period of the independent Republic of Lithuania. It considers four main factors which contributed to the formation of Lithuanian-speaking Baptist identity: different ethnic and cultural groupings amongst Baptists (...) in Lithuania; the role of the global Baptist family in providing both material and ideological support; the community’s relationship with the Lithuanian state; and their stance towards the dominant religious context, i.e. the Lithuanian Catholic Church. Out of this dynamic emerges a picture of the particular ways in which these congregations, and especially their leadership, navigated their understanding of loyalty to the Kingdom of God in relation to their belonging to a particular national grouping. (shrink)

This article provides a study of the legal regulations of the European enforcement order and the uniform enforcement of judgments without the exequatur procedure, which have been in place between the member states of the European Union for five years already. In the Lithuanian civil procedure law it details the implementation of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 for creating a European Enforcement Order for uncontested claims in the national law (...) of Lithuania. The aforementioned legal act of the European Union has been implemented in Lithuania with the adoption of the Republic of Lithuania Law on the Implementation of the European Union and International Legal Acts regulating civil procedure of 13 November 2008. (shrink)

The main goal of concentration control and basic legal tests applied worldwide for the evaluation of concentrations, such as “dominance”, “significant impediment of competition” and “substantial lessening of competition” are analysed in this article. Every control, whatever its nature, is implemented in order to reach certain goals. In the first part of this article we analyse the goals of concentration control in different jurisdictions – mostly in the European Union, the USA and Lithuania. Four basic market security standards are (...) excluded: economic efficiency, protection of consumers, protection of competitors and protection of effective market competition. At the end we make a conclusion that the same standard, namely that of consumer protection, is applied in all those jurisdictions and that more attention should be paid for the protection of competitors and competition as a whole. Secondly, “dominance” test, applied in the EU under Regulation 4064/89, is analysed in detail. Moreover, the article discusses the meaning of a “dominant position”. We uphold the clarification of “dominance” provided by the Court of Justice, according to which dominance means the ability “to act to a considerable extent independently of their competitors, their customers and, ultimately, of consumers”. It is argued that “dominance” test is not sufficient for contemporary economics. The main disadvantage of this rule is that it is inapplicable for concentrations that do not create or strengthen dominant position. Furthermore, the new European Union rule of “significant impediment of competition” can be named as a smart European decision that tackled several problems: the practice of the Court of Justice remained applicable for future cases, because no serious changes to the wording of the rule were made. The detection of “dominant position” became only an alternative means to impede competition. In addition to this, the USA, the UK rule of “substantial lessening of competition” is compared to the two rules referred above. The concept of “monopoly” used in the wording of the rule, as well as the practice of the USA courts concerning the evaluation of market concentrations is analysed. We conclude that literally the phrases “significant impediment of competition” and “substantial lessening of competition” are different, but the content of these rules is the same. Different decisions taken in the same or similar cases on both sides of the Atlantic depend not on a certain rule but on the means of its application and some other circumstances (social, political factors, etc.). Finally, it is argued that practice of the evaluation of concentrations in the Republic of Lithuania is extremely poor. According to the present findings of the Competition Council of the Republic of Lithuania, it is hard to say the kind of approach the Council follows or, in other words, what kind of a rule the Council applies. Despite the fact that competition law in Lithuania was updated in conformity with the changes made in the EU competition law, we state that the test of “dominance” is further applied in certain concentration cases. (shrink)

There are two types of responsibilities of civil service enshrined in the Law of the Republic of Lithuania on the Civil Service – disciplinary and material liability. Disciplinary liability is the structural part of the Lithuanian civil service. It directly impacts the frame of the civil service, improves the image and gives people’s trust. That is the main reason to analyse the legal base and the practical application of the disciplinary liability in analytical-critical way. The article deals with (...) the theoretical and practical aspects of the responsibility of civil servants. This article also covers the peculiarities of the concept of disciplinary liability in order to reveal the procedural grounds of application of this kind of liability and the consequences for the status of a civil servant. The authors also analyse practical situations of demarcation between disciplinary and administrative liabilities. One part of the article is devoted to the analysis of procedural application of the disciplinary liability issues. The main goal of the article is to discuss problematic aspects of executing stage. The authors of the article come to the conclusion that there are two types of civil servant liabilities laid down in the Law – disciplinary and material liability. Taking into account the results of the analysis, it must be stated that the same things are defined differently in the legal acts. Disciplinary liability must be applied to civil servants and to public officers, whereas other kinds of liability must be applied to persons working on the basis of contracts. Moreover, the authors of the article draw the conclusion that the procedural mistakes made while applying disciplinary liability cannot fully eliminate the results of punishment. Here it must be clarified whether the rights of a civil servant were not restricted and whether the impartiality of the disciplinary inspection was guaranteed. That kind of analysis of procedural mistakes allows us estimating their status and the ultimate impact on the legality of disciplinary liability. (shrink)

The present article is aimed at dealing with certain questions of compensation for damage, caused by the criminally insane person. Disposal of a civil action on compensation for damage, caused by the criminally insane person, in the criminal procedure is analyzed in the first part of the article. The subjects, who are responsible for compensating for damage, caused by the criminally insane person’s deed, are dealt with in the second part. Not only the respective rules of law, stated in the (...) Civil Code of the Republic of Lithuania and in the Criminal Process Code of the Republic of Lithuania, are systemically analyzed in the present article, but the court practice is considered from the aspect of the items, which are relevant to the theme under investigation, and is systematized. (shrink)

The article deals with the criteria upon which the powers of the Seimas (the Parliament of the Republic of Lithuania) and the Government are delimited in the constitutional jurisprudence of Lithuania. It analyses how the Constitutional Court construes the principle of separation of powers as entrenched in the Constitution and evaluates the meaning of the provision of the Constitution that corresponding ‘relations are regulated by law’. If the Constitution provides that certain relations are regulated by means of (...) a law, such relations may be regulated only by means of a legal act, which takes the form of a law, and it is, therefore, not permissible to regulate such relations by Government resolutions or other acts of the executive. The most important elements of legal relations must be regulated (established) by means of a law, whereas Government resolutions might establish the procedure for the implementation of such laws. Rulings of the Constitutional Court reveal that once the powers of a specific branch of state power have been directly established in the Constitution, an institution of state power may not assume the said powers fr om another state institution. It may not transfer or waive them; and such powers may not be amended or limited by means of a law. The question remains, whether the provision of the Law on the Diplomatic Service wh ereby the candidacy of a diplomatic representative must be reviewed by the Seimas Committee on Foreign Affairs in advance is not in conflict with the Constitution. (shrink)

The author of the paper considers the influence of the jurisprudence of the Constitutional Court as the only official entity entitled to interpret the Constitution on the criminal procedure. The paper contains the review the following three trends of impact of the constitutional jurisprudence: influence on the legislature in criminal procedure law, influence on the practice of implementation of criminal procedural law and on the science of criminal procedural law. The paper mostly relies on the works by professionals in the (...) field of constitutional law, including publications by prof. dr. Juozas Žilys, the first Chairman of the Constitutional Court of the Republic of Lithuania and the former dean of the Law Faculty of Mykolas Romeris University, as the area of criminal procedure has so far included only several publications, the direct objective of which was to study issues on the constitutionalisation of criminal procedure. (shrink)

The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For this purpose, the (...) author analyzes the relevant provisions of the future legal regulation that are laid out in the Conception on draft amendment of the Lithuanian law on natural gas (the Conception) that was adopted by the Resolution of 19 May 2010 No. 585 of the Government of the Republic of Lithuania (the Government). The author analyses the chosen model of implementation of the Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas of 13 July 2009 and repealing Directive 2003/55/EC (Directive 2009/73/EC), and the possible negative and positive consequences of the implementation of the model chosen by the drafters of the Conception. The paper is ended with motivated conclusions. (shrink)

The most significant moments of restoration of Lithuania’s statehood and its constitutional consolidation in the national legislation during the Atgimimas period (from the foundation of Sąjūdis on 3 June 1988) and the work of the Supreme Council of Lithuania (from February 1990 to October 1992) are discussed in this article. The author pays attention to the challenges of drafting the new Constitution – the main weapon in the political fight; the article declares the complexity of this process and (...) mentions the participating persons. The article analyses the process of adopting the fundamental legal acts, initiated by Sąjūdis, such as the Citizenship Law, the Political Parties Law, the Law on the Constitutional Court. The most important and relevant problems and aims of the Independent State’s first year legislation are discussed in the article. One of the first legal acts – the Regulation of the Supreme Council of the Republic of Lithuania, as well as considering about the functions of the officials and other staff of the Supreme Council, the functions of the Legal Department, the relations between the Supreme Council and its Legal Department are analysed. The article pays attention to the first steps of the Independent State, based on the Constitution of the Republic of Lithuania, adopted on 25 October 1992 by referendum. The restoration of the Presidential institution and the formation of the Constitutional Court is also discussed. The significant role of Professor dr. Juozas Žilys in drafting the most important legal acts, acting as preconditions for the restoration of statehood of our country and its constitutional consolidation is noted in the article. (shrink)

Directive 96/9/EC of the European Parliament and of the Council on the legal protection of databases of 11 March 1996, which was intended to protect the interests of the makers of databases, determined that databases could be protected by double rights: copyright and sui generis right. The article first of all analyses what persons are entitled to be acknowledged as holders of copyright and sui generis right in respect of a newly created database. As the issue of the owner of (...) copyright is not regulated by the 1996 Directive, this is determined by the application of national provisions. Pursuant to the Law on Copyright and Related Rights of the Republic of Lithuania, the owner of copyright may mean, depending on the situation, a natural person – the author of a database or a group of authors, the holder of the right to a collective work, or an employer. The analysis presented in the articleindicates that predominantly it is the author (authors) of a database who is held to be the owner of the copyright. Courts tend to interpret the rule concerning the transfer of copyright to the employer in a restrictive way; besides, in accordance with the specifics of the Lithuanian legal regulation, economic rights are transferred to the employer only for the period of 5 years. The category of collective work is of a subsidiary character and may be applied only in exclusive cases. Therefore, when a database is created upon the commission of another person, including the employer, the customer is expected to form a written agreement where the transfer of economic rights to the customer is clearly defined. (shrink)

After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article was a (...) member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, (...) which spans hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

Criminal liability of legal entities was legitimized in the Republic of Lithuania eight years ago, and in the ruling of the Constitutional Court of 8 June 2009, a conclusive confirmation on its accordance with the Constitution was made. It should be noted that the extension of the concept of criminal offense subject has received considerable attention of Lithuanian scientists. It was obvious that this penal law novel would cause many problems and, surely, it has become a reason of (...) many doubts in the judicial practice. However, despite the fact that a fairly broad scientific analysis of the topic under consideration has been made, none of the Lithuanian authors has ever addressed the issue regarding the sources of the criminal liability of legal entities. (shrink)

The article deals with a study of a distinct criminal punishment established in the Criminal Code and the Code of Punishment Enforcement of the Republic of Lithuania—restriction of liberty, as an alternative to imprisonment. Without investigating extensively the course of development of this penalty, in the article it is sought to overview the development trends of restriction of liberty; analyse the problems of enforcing this penalty and suggest measures to eliminate them; investigate whether the legal regulation of (...) class='Hi'>Lithuania is in line with the provisions of the main international instruments relating to non-custodial sanctions (1990 United Nations Standard Minimum Rules for Non-custodial Measures (the so-called Tokyo Rules), Recommendation R (92) 16 of the Committee of Ministers of the Council of Europe to Member States on the European rules on community sanctions and measures, Recommendation Rec (2000) 22 of the Committee of Ministers of the Council of Europe to Member States on improving the implementation of the European rules on community sanctions and measures); review the progressive legal regulation of restriction of liberty in place in individual states and provide a comparison between the national and foreign experience in relation to the penalty of restriction of liberty. In addition, the article offers guidelines for the improvement of the legal regulation and implementation of the legal institute of restriction of liberty. (shrink)

Today, a rapidly spreading drug addiction is one of the most relevant problems in Lithuania. It is possible to state without reservation that it has become a threatening social phenomenon. Drug addiction is considered to be one of the national threats. Trafficking in narcotic and psychotropic substances is being conducted on an international level, destroying states’ economic and political welfare. The use of these substances has a negative impact on human mental and physical health, ruins human personality and produces (...) other negative effects. In the article bodies of criminal acts, namely, an object, a subject, an act, an entity, guilt and a purpose, set forth in Articles 259, 260 of the Criminal Code of the Republic of Lithuania, are analysed. (shrink)