Naujienų archyvas

The research conducted by Dr Salomėja Zaksaitė, a researcher at the LCSS Law Institute, "Analysis of the Lithuanian Judicial Practice in Corruption Cases in the Aspects of Standard of Proof, Evidence and Sentencing" has been published on the Lithuanian Courts website.

The case study analysed Lithuanian court practice in corruption cases under articles 225 (bribery), 226 (influence peddling) and 227 (bribery) of the Lithuanian criminal code. The main objective of the study was to assess the implementation of the criminal policy on corruption offences and, in line with the comments made by international organisations to Lithuania, the application of evidentiary standards and the severity of sentences imposed by the courts were also considered.

In the research report, Dr Salomėja Zaksaitė identifies the main factors that distinguish corruption offences from other offences, such as the secrecy of the activities and the absence of a "traditional" victim who gives initial testimony. The researcher identifies the weaknesses of the handling of corruption cases, where the law is applied too formally, often with a reductionist approach, and where there is a lack of interdisciplinary (economic, criminological, political science) knowledge in the contextualisation of the offence and its circumstances. However, Zaksaitė points out that the shortcomings listed above are more related to the general legal culture and the level (standard) of proceedings, rather than to the standard of proof per se. The standard of proof, which presupposes that there should be no reasonable doubt as to the guilt of the convicted person, is the same in Lithuania for all categories of criminal cases.

The author hopes that the study will contribute to the identification of trends and challenges in the existing case law, thus aiming to improve the application of the law in corruption-related (criminal) cases.

The report of Dr. S. Zaksaitė's research (in lithuanian) can be found here.

The December 2024 issue of the Baltic Journal of Law and Politics, published by Vytautas Magnus University, features four articles authored by researchers from the Law Institute of the Lithuanian Centre for Social Sciences (LCSS). One of them, "The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania", was co-authored by Dr. Dovilė Pūraitė-Andrikienė and her colleague Andrius Valuta. Another article, "Psychological Violence at Work: Problems in Applying the Law in Lithuania", was written by PhD candidate and junior researcher Aistė Leščinskaitė.

In their publication, Dr. Dovilė Pūraitė-Andrikienė and Andrius Valuta discuss the position of the Constitutional Court of Lithuania in addressing cases of legislative omission. The authors pay particular attention to the Court's efforts to maintain a balance between respecting the autonomy of legislative bodies and ensuring the supremacy of the Constitution. In order to achieve this, they examine the extent to which the Constitutional Court adheres to the principle of self-restraint, ensuring that its interventions do not unjustifiably encroach on the prerogatives of the legislative institutions.

The researchers conducted their study by pursuing the following three objectives: 1) To reveal the concept and typology of legislative omission in comparative constitutional law and to examine trends in its research (including statistical data) across European countries; 2) To analyze the official constitutional doctrine formulated by the Constitutional Court of Lithuania regarding the concept of legislative omission and the scope of the Court’s powers to review such omissions; 3) To investigate the practice of the Constitutional Court of Lithuania in addressing issues of legislative omission using quantitative data.

In her article, Aistė Leščinskaitė, a junior researcher at the LCSS Law Institute, discusses the recently introduced concept of psychological violence in the Lithuanian Labour Code (as of July 28, 2022) and presents an analysis of court practice on this issue. According to the researcher, the established definition of psychological violence is quite controversial and overly abstract. To prevent its misinterpretation, she emphasizes the need for detailed criteria.

Aistė Leščinskaitė analyzes the relatively recent but already valuable case law on psychological violence in the workplace. She pays particular attention to the most significant rulings that have had the greatest impact on discussions surrounding this issue. In her publication, the researcher systematically reviews key court decisions, examines their consequences, and evaluates how these rulings have contributed to the development of a consistent judicial practice.

The full article by Dr. Dovilė Pūraitė-Andrikienė and Andrius Valuta in English is available at –Pūraitė-Andrikienė, D. and Valuta A. (2024). The Self-Restrained Positive Legislator: Assessing the Constitutional Review of Legislative Omissions in Lithuania. Baltic Journal of Law & Politics, 17(2), 43–60. https://doi.org/10.2478/bjlp-2024-00014

The full article by PhD candidate Aistė Leščinskaitė in English is available at – Leščinskaitė A. (2024). Psychological Violence at Work: Problems in Applying the Law in Lithuania. Baltic Journal of Law & Politics, 17(2), 228–240. https://doi.org/10.2478/bjlp-2024-00023

Representative image by Tingey Injury Law Firm (unsplash.com).

At the end of last year, a significant change was introduced to the parole system in Lithuania - a Central National Parole Board was established by order of the Head of the Lithuanian Prison Service. This new board replaced the nine separate boards that had previously operated in prisons.

The first meeting of the new parole board was held in early January and was attended by 11 experts from the Lithuanian Prison Service, Lithuanian Probation Service, non-governmental organisations, associations, academic institutions and state and municipal bodies. The Law Institute of the Lithuanian Centre for Social Sciences has delegated Dr. Mindaugas Lankauskas and Dr. Rūta Vaičiūnienė (as an alternate member) to the parole board for a two-year term.

It is expected that this centralised parole board will be able to assess the individual circumstances of each prisoner more professionally and make well-informed decisions. For the first time in history, the members of the board will have access to anonymised information of inmates.

More information (in Lithuanian): https://kalejimai.lrv.lt/lt/naujienos/veikla-pradejo-naujos-sudeties-lygtinio-paleidimo-komisija/

Photo by Headway (www.unsplash.com).

Springer, one of the world's most renowned academic publishers, has recently published a book entitled "The Crossroads of Competition Law and Energy Regulation" by Laura Rimšaitė, a researcher at the Law Institute of the Lithuanian Centre for Social Sciences. In this work, which has been carefully developed over several years, the author seeks to find a balance between promoting competitive energy markets and ensuring effective regulation.

The publication addresses the challenges of balancing a competitive market with regulatory objectives such as ensuring reliability, fairness and sustainability. These important areas are reconciled when the objectives of promoting fair competition and ensuring a reliable and sustainable energy supply coincide. "As the world moves towards cleaner energy solutions and technological advances, the balance between competition and regulation is vital to ensure a future of fair and resilient energy", emphasised Dr. L. Rimšaitė, while presenting her book.

The book also provides a comprehensive analysis of market dominance in the energy sector. This concentration of power often limits competition, reduces consumer choice and stagnates progress and innovation. "The twofold objective of tackling market dominance and promoting energy security is a major challenge", says the author. Drawing on a range of countries' case studies, national and international regulations and their analysis, she provides valuable insights into how a regulatory framework that promotes fair competition can help achieve long-term energy policy goals.

Rimšaitė, L. (2024). The Crossroads of Competition Law and Energy Regulation. Springer Cham. DOI: 10.1007/978-3-031-73238-6

The book is available in English here – https://link.springer.com/book/10.1007/978-3-031-73238-6

One of Europe’s most famous academic blogs, Verfassungsblog, has published an article titled “AI in Ukraine’s Judiciary”, written by Dr Agnė Limantė, a researcher at the Law Institute of the Lithuanian Centre for Social Sciences, and Yuliia Moskvytyn, an intern in Institute via the UPinLT programme, that funds internships for foreign students in Lithuania. The publication examines the steps taken by the Ukrainian state to introduce AI technologies in the Ukrainian judiciary, despite the challenges posed by the ongoing war waged by Russia.

The article discusses the period from the 2014 initiative to reform the justice system to the 2018 phase of digitisation in the courts, the publication presents the technologies used and the initiatives proposed, and discusses policy and legal documents.

The large-scale war in Ukraine since 2022 has created many challenges for the functioning of the state and temporarily slowed down the development of AI technologies, but at the same time, the difficult times have spurred modernisation, especially in the public sector. One example of this is the integration of modern technologies and AI tools into the judicial system.

The authors note that in September 2024, the Code of Judicial Ethics in Ukraine was amended to allow judges to use artificial intelligence technologies in their professional activities “provided that it does not affect the judge’s independence and impartiality, does not influence the evaluation of evidence and the decision-making process, and does not violate the requirements of the law”. These amendments suggest that the use of artificial intelligence in Ukrainian courts is likely to increase.

Read more about the integration of AI in the Ukrainian judiciary, the opportunities and challenges here: https://verfassungsblog.de/ai-ukraine-judiciary/

On 16-17 October 2024, Lithuanian and foreign researchers presented papers on human-centric artificial intelligence at the international conference "Human-Centric AI: ethics, regulation and safety", which took place at Vilnius University (VU). The event, organised by the Faculty of Law of Vilnius University, was an interdisciplinary one, and the speakers considered the ethical, safety and regulatory challenges of artificial intelligence in the context of various potential uses of the technology. On the first day of the conference, Monika Šukytė, a junior researcher and a PhD student at the Law Institute of Lithuanian Centre of Social Sciences and Vilnius University Faculty of Law, presented her research.

The PhD student started her presentation "Bias in Facial Recognition Technologies: How it Happens and What is at Stake" by presenting the consequences of biased results in facial recognition technologies. She discussed a case that was reported in the international media, in which US police officers arrested a person unrelated to the crime after relying on a false identification result from facial recognition technologies. The two men were linked only by their dark skin colour.

In her assessment of biased AI systems, Šukytė drew attention to a research-based conclusion: algorithm errors are not just an isolated technical problem, but also a combination of mistakes made by the actors who develop, use and regulate facial recognition technologies.

In the context of regulation, she said, it is the EU legislators who have an important role to play in addressing the challenges posed by biased facial recognition technologies and the discriminatory practices they entail. "However, the new EU AI Act does not fully fill the gaps in the application of these technologies in law enforcement, as it introduces a confusing system of exceptions," concluded M. Šukytė.

The video of the presentation by PhD student M. Šukytė (from 37:49 to 49:30) can be viewed here.

Presentation slides (in English).

We are delighted that a research project idea recently proposed by researchers at the Law Institute of the Lithuanian Centre for Social Sciences has received funding from the Research Council of Lithuania. The new project "(Not)prolonging the working life of older women: legal environment, guarantees and intentions" (VAM) will be implemented by an interdisciplinary team of researchers (led by prof. dr. Ingrida Mačernytė- Panomariovienė) in the period 2024-2027.

Taking into account the increasing life expectancy, demographic challenges of ageing and recommendations for extending the working age across the European Union, the project research team will assess the legal framework and provisions on women's working age limits in Lithuania, Latvia, Poland and Estonia, and will identify good practices in the Baltic region with regard to the working lives of older women.

The results of the project will be published in a monograph by an international publishing house, and the new ideas and insights gained from the research will be published in scientific articles and presented in conferences.

The research team of the project consists of: prof. dr. Ingrida Mačernytė-Panomariovienė (project leader), prof. dr. dr. Sarmitė Mikulionienė, dr. Kristina Ambrazevičiūtė, and PhD student Aistė Leščinskaitė.

More information about the project here.