2014
  • JOURNALS

Author: Gintautas SAKALAUSKAS
Topic category: Criminology

Im Aufsatz wird die Tätigkeit der Bewährungshilfe in Litauen analysiert und eine grundsätzliche Frage gestellt, warum die Effizienz ihrer Tätigkeit immer noch nach der registrierten Rückfälligkeit ihrer Klientel beurteilt wird? Zeigt die registrierte Rückfälligkeit der Probanden wirklich die Qualität und Effizienz der Bewährungshilfe? Kann man die registrierte Rückfälligkeit objektiv bemessen oder ist das nur eine wenig was aussagende relative Zahl?

Author: Eglė MAURICĖ-MACKUVIENĖ
Topic category: Theory of Law

Praxiological insights about the strength and justification of arguments, as well as about the effectiveness of argumentation are formulated in the article. Praxiology is understood as a science about purposive and conscious human action; it is based on the presumptions that humans are acting beings, they are able to take decisions according their preferences. The methodological part opens the research. Few methods that could be useful when one investigates argumentation process are described here. Content analysis enables one to identify notional elements of the discourse.

Author: Johanas BALTRIMAS, Mindaugas LANKAUSKAS
Topic category: Theory of Law

In his dissenting opinion in Lochner v. New York case, O. W. Holmes famously stated that general propositions do not decide concrete cases. There are many others who claim similarly. Among them F. Schauer states that such concepts as liberty, equality do not strongly determine answers in legal questions – although not totally vague, they require additional premises in order to be applied in concrete cases. This study, among other questions, focuses on what these additional premises are when it comes to application of legal principles. Besides this, a goal is raised to seek out what views on application of legal principles are dominating in jurisprudence.

Author: Eglė KAVOLIŪNAITĖ-RAGAUSKIENĖ
Topic category: Matrimonial and Family Law

Decisions in public policy are not an end in themselves: in general, they are intended to regulate society, i.e. members of society are submitted with particular rights, obligations, possibilities, restrictions, etc. However, in order to know which decisions will reach their addressees best and will allow attaining the result sought, it is necessary for policy makers to know how the society and particular addressees are ready to accept them. Especially this is acute in the field of family policy: here, the decision on family policy instruments is important and may be effective only when it is accepted by families/individuals (especially speaking about instruments aimed at increase of fertility).

Author: Eglė KAVOLIŪNAITĖ-RAGAUSKIENĖ
Topic category: Matrimonial and Family Law

The article provides a descriptive and systematic approach towards restraints exerted on national family policy by European provisions. The analysis covers two levels (legal acts of European Union and European Convention of Human Rights (the level of Council of Europe). Legal acts are analysed in the following fields: the purpose and context of provisions relating families in accordance with global development of legal family policy, the content of provisions relating families, and the specifics of implementation of the mentioned provisions in the national level.

Author: Irmantas JARUKAITIS
Topic category: European Union Law
, Constitutional Law

The article deals with the notion of the economic constitution, the content of the economic constitution of the Republic of Lithuania, of the European Union and the interrelationship between the two. The first part of the article, relying, among the other things, on the thoughts of the ordoliberal school, is devoted to analysis of the concept of the economic constitution. It describes the reasons, why certain core principles concerning of the organization of the economic system of the political community should form part of the constitutional rules of that community, how they should be defined in order to ensure the optimal frame of the economic system.

Author: Kristina AMBRAZEVIČIŪTĖ
Topic category: Labor Law
, European Union Law

Lithuania like other European countries is experiencing demographic process of aging. The situation when the older population is growing and outnumbers the younger population strongly influences, among other things, the labour market. The necessity to overcome the negative effects posed by the aging process, particularly by ensuring wide and active participation of older people in the labour market, is determined not only at the national but also at the European and international levels. Therefore the aim of this article is the formation and reflection of the legal discourse of aging in international and European legal sources, identifying the legal measures, used to eliminate or at least mitigate the threats of the aging population to the stability of the labour market.

Author: Laura ŪSELĖ
Topic category: Administrative Law
, Criminal Proceedings Law

The article examines the changes of juvenile justice legal background during the execution of Juvenile Justice Program 2009-2013 in Lithuania. The general overview of the recent trends shows that legal changes in the area of juvenile justice were not systematic, adequate and…

Author: Simonas NIKARTAS, Algimantas ČEPAS
Topic category: Criminal Law, Human Rights

The article consists of two parts. The first part reveals essential characteristics of life imprisonment based on the most recent jurisprudence of the European Court of Human Rights (major attention being given to the case of Vinter and Others v. the United Kingdom). The second part of the article provide evaluation whether the penalty of life imprisonment provided for in the laws of Lithuania meets the standards established by the European Court of Human Rights.

Author: Inga DAUKŠAITĖ
Topic category: Criminal Law

The participation of drunk drivers in the road traffic and accidents caused by them is one of the major road traffic safety problems in Lithuania. On this account in this article for the scientific analysis the topic of necessity (meaningfulness) of criminalization of the driving a road vehicle under the influence of alcohol in Lithuania has been picked. In the article the state of road traffic safety in Lithuania (viewed from a driving under the influence of alcohol standpoint) is analysed, legal liability that may arise for drunk driving and that is provided for in various legal acts is summarized, the possible criminalization of the driving a road vehicle under the influence of alcohol in Lithuania is considered, as well as other feasible ways of tackling the challenges of drunk driving are discussed.

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