Lietuvos socialinių mokslų teisės institutas
Author: Gintautas SAKALAUSKAS
Topic category: Criminology
Im Aufsatz werden die grundsätzlichen Fragen der Bedingungen im Strafvollzug behandelt und diese als die wichtigen Voraussetzungen für die Integration der Gefangenen in die Gesellschaft betrachtet.
Author: Renata GIEDRYTĖ-MAČIULIENĖ, Judita VENCKEVIČIENĖ
Topic category: Criminology
This article examines the application of restorative justice measures in schools. Schools are one of the major social institutions where different conflicts could be observed. Such conflicts are often resolved by non-constructive measures, e.g., aggression, violence and bullying. The most common response to such behaviour is the punishment of the conflict initiator. However, punishment is not an effective response to such behaviour. It is a merely passive expression which requires a minimal or even completely does not require any consciousness or look for the solutions of the conflict. On the contrary, punishment often leads to greater resistance to the school system and encourages even greater violation of the rules. This article aims to show how conflicts in schools can be effectively resolved by using restorative justice measures, especially one of its models – mediation and why the application of restorative justice measures could be important in Lithuanian schools.
Author: Egidijus KRIVKA
Topic category: Legislation
The report reviews the reasons for the emergence of the group lawsuit institute, reveals the possibilities of protecting the public interest through group lawsuits, discusses the use of public interest and analogous concepts in the context of a group lawsuit, the development of the group lawsuit institute and regulatory novelties in Lithuanian law, as well as analyzes the indirect influence of group lawsuits on the perception and formation of public interest , dissemination and implementation.
Author: Egidijus ŠILEIKIS
Topic category: Legislation
The topics of the identification and balance of the public interest and legitimate expectations may be analysed and continuously updated in various law-making areas, including the regulation of the financing of political parties. This area of the legal system of the Republic of Lithuania is characterised by unusually dynamic development and its change, in particular, by the elimination of donations, which were considered to be legal for many years, from legal persons to political parties and their election campaigns...
Author: Zoltán SZENTE
Topic category: Legislation
The protection of legitimate expectations as a general principle of the legal system is not known in Hungary. However, some other constitutional propositions play a similar role like the protection of “acquired rights” and “legal certainty”. Although during the 1990s, the Constitutional Court developed a sophisticated concept of the rules of law, after 2010, when a conservative government coalition gained a two-thirds majority, the whole constitutional system was transformed.
Author: Eglė KAVOLIŪNAITĖ-RAGAUSKIENĖ
Topic category: Matrimonial and Family Law
Despite development in medical sciences, the need of legal system coherence (e.g. the Civil Code of the Republic of Lithuania contains a reference to a special Law on Assisted Reproduction) and the importance to a great part of the society (in preliminary calculation this problem affects about 15 percent of population), Lithuania has not adopted a law on assisted reproduction yet. Currently, some issues relating the assisted reproduction procedure are regulated by the Order of the Minister of Health of 1999. Six draft laws on this issue with a wide range of proposals on the procedures, accessibility, conditions and provisions relating protection of embryo were prepared by working groups, Parliament committees, the Ministry of Health, etc., however, none of these were adopted due to failure to find a compromise on ethically sensitive issues.
Author: Agnė LIMANTĖ
Topic category: Contract Law
The article analyses the definition of international treaties and other international agreements (so called international administrative agreements / executive agreements/ inter-agency agreements and soft law agreements) under the law of the Republic of Lithuania and numerous other states and compares differences in the practice of their conclusion.
Author: Lina BELIŪNIENĖ
Topic category: Constitutional Law
Author of the paper presents the result of the analysis of the jurisprudence of the Lithuanian Constitutional Court of the last years concerning the cases related to protection of public interest. Firstly, the most frequently used by this Court attributes are discussed in it which can help to identify interest as a public interest. Secondary, the arguments are analyzed which provide priority to public interest in the situations where the private and public interest clash, also in such cases when public interest meets the legitimate expectations of persons.
Author: Vilenas Vadapalas
Topic category: European Union Law
Written pleadings form the most important part of proceedings before the EU General Court. It is due to requirement that application and defence shall contain the pleas in law and arguments relied on and any evidence produced or offered. Already at this stage of written procedure the parties shall submit to the Court the elements of their claims and clearly fix their positions. No new plea in law may be introduced in the course of proceedings unless it is based on matters of law or of fact which come to light in the course of the procedure. Evidence produced or offered shall be submitted in the first exchange of pleadings.
Author: Justas NAMAVIČIUS
Topic category: European Union Law
Der vorliegende Aufsatz beschäftigt sich mit dem Verhältnis zwischen den jeweils im Recht der Europäischen Union, Konvention zum Schutz der Menschenrechte und Grundfrei heiten (EMRK) sowie im nationalen Recht angelegten Grundrechten aus strafrechtlicher Sicht.
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