Archive

Abstract. Valdas Adamkus was born into a family of civil servants in Kaunas on 3 November 1926. He attended Jonas Jablonskis primary school and studied at the Ausra (Dawn) Gymnasium in Kaunas.

Abstract. The article discusses a successful rearrangement of the economy which was carried out in
created German Federal Republic. It’s „godfather” become Professor Liudwig Erhard who
coordinated in himself theoretical knowledge and an experience of a heft leader of economy. Drastic
reforms were performed on his initiative and under his command. Thanks to these reforms defeated,
ruined and disgraced during 10 postwar years Germany threw ideological stereotypes and all
schemes of planned economy into the dump of history. Besides that it presented to the world „an
economic miracle” which made Germany a prosperous and powerful state.
Socially orientated conception of market economy, showing its best result during a short period
of time, was raised into the rank of official GFR doctrine and become the basis of economic
programmer or Christian Democrats Alliance.
The article tells about the neoliberalism credo’s founder – Freiburg’s School.
Particular attention is paid to Professor Walter Eucken and his social notions. Besides that it
discusses the transformational problem of classical liberalism and shows social guides produced by
Erhard.
The article pays attention to the role of the state in the terms of social market economy. It
discusses the threats of father state.
The article presents Erhard’s conception of „formed community” and discusses it’s parallels
with the open community and legal state.

Abstract. The article deals with the problem of community building in Lithuania. The aim of the article is to develop the psychological model of Community building in Lithuania, based on the analysis of the understanding of the term „community´, social situation in Lithuania, the expierence of Community building in West European countries and USA and analysis of psychological and social problems of community building in developing countries.
The model was developed, according data of social situation in Lithuania, the experience of Community building in foreign countries and data of research of learning needs and psychological characteristics of adults as learners in Lithuania (Beresnevičienė, 1995, Beresnevičienė, 1996b, Beresnevičienė, 1996c, Beresnevičienė 1999).
According to the author, the psychological model of Community building in Lithuania consists of three parts:
1) development and self-development of the personality traits and competencies of social worker (acceptance and understanding of his role in the situation of meaningful learning, the development of the openness, emphaty and truth approach in his work with the clients, development of adequate self-esteem and expectations to the clients and pozitive attitude towards lifelong learning, with the aim to improve his competencies);
2) development of clients’ motivation to socialization (appearance and further development of clients motivation to socialization, development of his reliance to the memebers of community and to himself; development of self-esteem of the client);
3) creation of adequate sociocultural, educational and psychological conditions of the life in the community (evaluation of psychosocial needs of community members; choosing of appropriate methods of social work with the clients; development of social skills of community members).

Abstract. This is the first of the two consequent articles dealing with the typology and the system of the constitutional principles. It provides with the concept of constitutional principles and their peculiarities in the context of the legal principles, as such, as well as with the interrelationship between constitutional aprinciples, on the one side, and constitutional norms, the text of the Constitution, constitutional jurisprudence, and constitutional doctrine, on the other. The author argues that the analysis of the specific constitutional principles must be based not on the statutory law but on the interpretation of the text of the Constitution as provided in the constitutional doctrine(s) generated in the jurisprudence of the Constitutional Court. He also shows that such approach leads to even more fundamental theoretical conclusions as it compels to treat the law not as a system of norms but as a system of principles and norms.
The analysis is based on the theoretical assumption that constitutional law is different from all other fields of law, it cannot be considered as a branch of law but as a law above all the branches of statutory law. It is suggested to view constitutional law not only as a substitute for the unduly forgotten state law, and to rehabilitate the latter as one of the branches of statutory law.

Abstract. It is important in the democratic society that state authority would treat citizens properly.
Seimas Ombudsmen (Controller) – are officers appointed by Seimas, as legislative body and
parliamentarian control institution, who are responsible to investigate complaints against abuse of
power and bureaucratic attitudes. This institution is the worldwide known on a name of ombudsman,
because of its’ Swedish origin. The legal status of this institution detected according their relationship
with powers of the state exercised institutions. It’s possible to find some attempts to execute court’s
power in analysis of Seimas Ombudsmen empowering fulfillment, despite of no legal power to do this
according the laws. Decisions made by Seimas Ombudsmen are recommendations, but right to have
access to all information (states secretes are included) not belittle their powers. Seimas Ombudsmen
relationship within media has an interesting aspect. The rights to bring a court action for the
compensation of moral or material damage incurred by the person by reason of the violations
committed by officers and right to recommend to the Seimas or other state institutions to amend the
laws or other statutory acts which restrict human rights and freedoms are argument to speak about
Seimas Ombudsmen as a national human rights institution.

Abstract. The most often confronted legal problems among Lithuanian immigrants in the USA could be
classified into two broad groups. The first group includes problems caused by involuntary ignorance
of legal issues, insufficient knowledge of English, the possibility to socially adjust to new surroundings
and new ways of life. The USA legal system which significantly differs from our legal system has the
greatest impact to the above said. The second group includes problems arising from voluntary
ignorance of legal issues and unlawful ways to „legalise´ their immigrant status.
As a consequence of this, Lithuanian immigrants face difficulties in:
– getting a job;
– getting University education;
– setting legal problems in courts;
– arranging various legal issues at different governmental and nongovernmental institutions.

Abstract. Due to the recent years’ deficit State Budget of the Republic of Lithuania, a particular attention while forming the Budget income is being focused on the quality of tax administration. In order to define the sets of competent institutions and their functions, the Law on the tax administration adopted by the Parliament of the Republic of Lithuania in 1995, for the first time consolidated the comprehension of the tax administration. Up till now the majority of authors only indicate in the sources of law the comprehension of the tax administration established by the law, but do not analyse it. Some of them (Assoc. prof. B. Sudavičius, Dr. J. Rimas) also give a more detailed definition of this phenomenon. According to them, tax administration is the practice of the tax administrator, the institution directly responsible for collection and control of taxes as well as of other executive and legislative institutions of government and courts. The reason of such interpretation is the diversity of meanings of the term ¥administration” in the public law.
This article generalizes the meaning of the term ¥public administration” usage in the Lithuanian administrative law. On the basis of this generalization, relating to the public administration as to the enforcement and execution of law, the comprehension of the tax administration is being analysed.

Abstract. Democratic government and public sector modernization presumes equality, majority rule, citizen participation, accountability. Major dimensions of modernization process include management innovations such as total quality management.
The challenges of modern organizations require the objective of the manager. Public sector needs more people in managerial roles who can find simplicity and order amidst organizational confusion and chaos.
Public organizations dependence on pluralistic decision processes – that is processes through which many different people and groups are likely to be involved in any particular decision – makes the process of managing change in the public sector quite complicated. The classical goal of efficiency and the new public management may become partners in opposing the expansion of citizen participation.

Abstract. The article focuses on the importance of application of psychology in undercover activity and
analysis the causes of a still insufficient use of psychology in this field. In assessing the required range
of knowledge of psychology, the following fields of application are distinguished:
1) psychology of application of undercover activity methods;
2) psychology of solving tactical tasks of undercover activity;
3) psychology of actors involved in undercover activity.
Each indicated area represents an individual group of applied psychological knowledge. While
describing the psychology of actors involved in undercover activity the articles singles out the
psychology of undercover actors, which is highly specific and requires deep special knowledge of
application of psychology.

Abstract. This article concentrates on the conclusion of international treaties of the Republic of Lithuania. International law and law of the Republic of Lithuania regulate the treaty making process. The Law on International Treaties of the Republic of Lithuania was adopted on 22 June 1999. This law has replaced the Law „On International Treaties of the Republic of Lithuania´ of 21 May 1991, which was declared to be in conflict with the Constitution of the Republic of Lithuania. The Government adopted the Order on Preparation and Conclusion of the International Treaties of the Republic of Lithuania on 1 October 2001.
The article consists of three parts. The first part is devoted to the description of the conclusion of international treaties. Preparation, adoption and authentication of the text of international treaties are presented in the second part. Thereafter the attention is focused on the initiative to conclude international treaties of the Republic of Lithuania, which emanates from the President, the Prime Minister, the Minister of Foreign Affairs, the Government, Ministries and Governmental Institutions. The President, the Government and the Ministry of Foreign Affairs make decisions to conclude international treaties of the Republic of Lithuania. The third part of the article deals with the expressing consent of the Republic of Lithuania to be bound by a treaty. These means which include signature, exchange of instruments constituting a treaty, ratification, acceptance, approval, accession, exchange or deposit of instrument of ratification, acceptance, approval or accession are very important for the legal status of international treaties in Lithuania. This is due to the fact, that the international treaties, which are ratified by the Seimas, are the constituent part of the legal system of the Republic of Lithuania and have the same status as the national laws. The treaties, which are not ratified, must not contradict the national laws.

Abstract. After the determination of the right to private ownership as the basis of Lithuania's economy,
the meaning of securities as a property has significantly grown. Thus more and more often the need to
levy execution to securities of debtor arises.
The legal regulation of this issue has not been widely analysed. However, the practice shows
that several problems exist in this area. It is not clear, for example, the bailiff of which bailiff's office
has to levy execution to securities. The valid rules of execution process are hardly applicable to the
arrest of intangible property. The problem arises how to preserve the value of arrested shares until
realisation, while not violating the non–proprietary rights of the debtor as a shareholder. Those and
several other problems related to the levying of execution to securities are dealt with in this article.

Abstract. After introduction of mandatory professional liability insurance, the issue of this insurance type
implementation has emerged. One difficulty is related to insurance events. Currently the conclusion of
insurance contracts with very brief insurance events list is not restricted. As a matter of fact such
contracts satisfy only insurance companies’ interests. The danger arises that professional liability
insurance will not serve its purpose, i.e. in many cases it will not protect the Insured from the damages
arising in the course of professional activity. There is no legal order set that would assure the balance
of interests between the parties concluding insurance contract, as well as implementation of
professional liability insurance. The legitimisation of key regulations (criteria) for determination if a
concrete event were to be considered as an insurance event, would be a way to solve this issue.
The article attempts to disclose the indications of insurance event excluding it from other events
and to set the main regulations (criteria) for determination of insurance events.

Abstract. After restoration of Independence in Lithuania the process of privatization has been meeting with great deal of violation of law: legal regulations concerning not only privatization but also further activity of enterprises, their inability to pay up the employees, the process of bankruptcy, protection of employees in the event of the insolvency of their employer. A great damage has been done not only to the country but employees were deceived as well. The list of the enterprises which are bankrupt or facing bankruptcy is getting longer and longer. At the same time the list of employees who are unpaid in full or in part is getting longer as well. This problem is very serious that’s who it needs legal regulation and it is necessary to reach a decision which is delayed up till now.
International standards provide protection of employees in the event of the insolvency of their employer. In order to regulate this problem the Seimas of Lithuania passed the Guarantee Fund Law on September 12th, 2000. However, this law has some shortcomings why it does not act. After removal of these obstructions it would be possible at least at the minimum to satisfy legitimate demands of employees if their employer becomes unpayable.
In this article not only international standards are being discussed on regulation of labor relations between an employee and the employer who becomes unplayable but also comparative analysis of the Guarantee Fund Law is presented, conclusions have been drawn and suggestions are affered concerning application special regulations.

Abstract. The article analyses the development of lawful base of police officers’ social guaranties in the system of Internal Affairs during the period of 1991–2000 as well as their forms and realization possibilities.
Police officers have lost their social immunity because the lawful base of Social guaranties, which was created in 1991, was not fully applied to the altered economical conditions.
The results of sociological research work „Social guaranties´ done in 1993 and 2000 are used in the article.

Abstract. In this article the author briefly discusses the concept of privacy and its regulation by
Lithuanian legal acts. According to the author, privacy is one of personal secrets, which helps a
particular individual to sustain his or her individuality. To have a secret means to survive or to resist
in one or another environment or various living conditions. Having a secret means nothing else, but a
reaction to the surrounding environment conditioned by biological and social circumstances of an
individual. This reason was the one which conditioned the fact that many of countries (including
Lithuania) consolidated in their legal acts the right of an individual for private life or the right of
privacy, which often is placed on the same footing as such human rights like the right to life and the
right to liberty, i.e. the rights which exist irrespective of the will or wishes of State. The right of
privacy, which consists of four independent and at the same time inter–related elements (privacy of
information; inviolability of person; inviolability of correspondence or any other kind of
communication of person; inviolability of premises or territorial inviolability of person), is important
to criminal procedure. Criminal procedure is the „legal instrument´ in the hands of State, which might
help as to violate privacy of an individual as to protect it. Thus, the criminal procedure might protect
the privacy of an individual, first of all, through the procedural guarantees and procedural form;
secondly, during preliminary investigation privacy of individual might be protected through another
secret, i.e. through the secret of preliminary investigation data, which, in a broad sense, could be
considered as a procedural guarantee. However, at present officials, who investigate and adjudicate
criminal cases, still fail to fully use all opportunities provided by criminal procedure to limit right of
privacy of a person, who has committed a crime or act constituting an offence of right, to that extent,
by which he has violated the rights of other members of society, or to protect privacy of other persons,
who not being brought to criminal responsibility, yet are concerned with keeping in secret certain
information which comprises privacy of that person.

Abstract. The purpose of given clause to consider, tills now unsufficiently analyzed, problem of detention suspected in a crime. It not only problem of the criminal remedial rights, but also administrative and police right. The detention of the persons on suspicion in fulfillment of a crime should be analyzed and in a context of the rights of the people.
In clause are compared of detention stipulated by the criminal remedial code, code of administrative offences, and also project by the criminal remedial code.
In the working criminal remedial code and in the project the status detained on suspicion in fulfillment of a crime before excitation of criminal case and even the ambassador is not certain. It allows breaking the rights of the people.
The author offers not waiting of the new criminal remedial code to enable to apply detention of the persons before excitation of criminal case, and also to allow to make a personal search at this stage of investigation of criminal case. However obligatory condition of application of detention is the announcement such as detention (administrative, criminal), motives of detention, rights and duties detained.

Abstract. Preparation of the new Code of Criminal Procedure of the Republic of Lithuania requires
critical evaluation of previous Lithuanian and European legal practice and theory in this sphere. The
concept of evidence is very important. It encompasses two basic categories i.e. data of facts embodied
in a special forma i.e. sources of evidence. Superficial evaluation of data of facts, when attention is
paid only to the quantity of sources, is often the cause of judicial errors. The list of evidence
consolidated in part 2 of Article No. 74 of Code of Criminal Procedure is considered exhaustive. In
the absence of clear–cut criteria of division of sources of evidence this concept is incompatible with
the principle of free evaluation of evidence. When evaluating the quality of evidence sources, attention
should be paid to the means they were obtained. One of the requirements for the means of evidence
gathering should be their formal consolidation in the law i.e. evidence should be obtained „in
accordance with the law´. The practice of European court of human rights is orientated in this
direction. After exhaustive regulation of sources of evidence is declined, the present concept of
evidence could be transferred to the new Code of Criminal Procedure, because the authors of the draft
Code of Criminal Procedure propose a vague term of information to define evidence i.e. in the sense
of report. This gives real preconditions for abuse in the process of arguing. The use of scientific term
of information in criminal procedure and its application in the theory of evidence would be
progressive and welcome if this is done systematically, linking the term of information with categories
of signal, source of information and other categories of theory of information.

Abstract. The article gives the analysis of one of the most problematic spheres in law enforcement activity which deals with detecting and investigating different types of bribery crimes applying the so–called model of imitating criminal behavior, also known as crime imitation.
The analysis presents the outline of the Lithuanian law on Surveillance activity, which regulates the application of the model imitating criminal behavior. The author analyses and in some aspects criticizes the Resolution passed by the Constitutional Court of the Republic of Lithuania on May 8, 2000. The detailed analysis of crime imitation is given in a few current criminal cases. Consideration of arguments is focused on trying to substantiate crime imitation and to find and apply to it the most suitable legal regulation. Original point of view about the relationship among the crime imitation, crime instigation and the crime provocation is presented by analysing these concepts. The article also presents a short review of resembling methods of foreign law enforcement activity.

Abstract. One of the most sensitive indicators of a moral and social state of society is criminality. The
paper examines causes of criminality in Lithuania and compares criminality in Lithuania with
criminal situation in others East European countries.
Estimating causes of criminality we have to perform an analysis of social–economic indices and
to determine their influence to tendencies of criminality. A gross national product, unemployment and
economical strata in population are the main social–economical indices. Results of investigation
corroborate the main worldwide tendencies. The number of crimes does not have tendency to decrease
depending directly on changes for the better in economical situation. The social justice level of society
always has had the great influence to criminality. The number of crimes decreases when economical
product is distributed more evenly between strata of population.
General tendencies of criminality in Lithuania are the same as in Bulgaria, Hungary or Poland.
Dynamic series allows to decrease differences in crime registration systems and to distinguish the
main trends in the rate of criminality. The analysis of differences between the criminality in Lithuania
and the average criminality rates in Bulgaria, Hungary and Poland is fulfilled using linear regression
model.

Abstract. The article presents theoretical and practical aspects of testing in higher educational institutions.
Theoretical background of any test is based on the concept of usefulness which is defined by
reliability, construct validity, authenticity, interactiveness, impact and pacticality.
Before designing the examination test it is advisable to prepare examination documents defining
the test aims, test type, test level and its components.
Practical aspects of principals designing final examination papers and task types as well as
evaluation principals are discussed.
We recommend to apply a modular test for final examination of English at a higher educational
institution.