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Jurisprudence, 2004, No. 63(55)
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Borisas Melnikas. Security, Transition Processes and Integral European Cultural Space: Regional Development in the Baltic ad other East ad Central European Countries
Abstract. The purpose of this paper is to examine the theoretical background to the regional eco-nomic and social development in the context of development of integral European cultural space. The main trends and tendencies of the economic, political, social transition processes in the Eastern and Central Europe are analyzed. Possibilities and prospects of the regional economic and social development in the Baltic region are discussed. Problems and conflicts arising in the situation of the development of the integral cultural space in Europe are desc-ribed.
The publication also presents the outcomes of the research done over the recent seve-ral years, dedicated to the diagnostics of the problems of transformations as well as of na-tional and international security in various regions and countries of Central and Eastern Eu-rope, especially in Baltic countries. The main attention is dedicated to the regional economic and social development in the Baltic countries in context of the integral European cultural, political, economic and social space.
Read Download (downloaded - 294) The publication also presents the outcomes of the research done over the recent seve-ral years, dedicated to the diagnostics of the problems of transformations as well as of na-tional and international security in various regions and countries of Central and Eastern Eu-rope, especially in Baltic countries. The main attention is dedicated to the regional economic and social development in the Baltic countries in context of the integral European cultural, political, economic and social space.
Aurelijus Gutauskas, Raimundas Kalesnykas, Darius Petrošius. Problem of Terrorism Prevention in Lithuania
Abstract. The article deals with Lithuanian experience and practice in the sphere of terrorism prevention and combating of terrorism. Scientific works and empirical research, analyzing the problems of terrorism prevention and combating terrorism, have not been practically carried out in Lithuania. Thus, this empirical research will be the beginning for further research, related to the terrorism prevention.
The essential problem related to the practice and experience of Lithuania state, while carrying out the policy of prevention and combating the terrorism both inside the state and the rest of Europe, is being formed. The analyzed problem forms the purpose of the research, i.e. after evaluation of legal acts effective in the Republic of Lithuania and approved governmental programs, foreseeing the principles of the terrorism prevention and combating, to provide the effectiveness of the used legal, organizational, prevention and other types of combating the terrorism.
In the first part of the article authors analyze the issue of conception of terrorism. The origins and etymology of the concept are not totally clear yet. The main reason is the fact that various illegal activities, named as terrorism, terrorism activity, terror, and terror act are used both at international and national levels. The definition of terrorism in Lithuania was established in the Draft of the renewed program of the Republic of Lithuania against terrorism, passed on 15 June 2004. In other case, terrorism definition is closely related to the definition of a terror act. The authors make a conclusion that the terrorism is a broader definition than a terror act, since a terror act is the constituent part of the definition of terrorism. The definition of terrorism nowadays should be understood much wider and should comprise not only various criminal activities, used in the international documents and related to terrorism, but also the threats and dangers threatening the states internal national security. In this meaning, terrorism should be defined as the synthesis of threats or dangers and part of military acts, when aiming at solving particular issues of political or national manner by using violence or terror acts against the state, its official institutions and citizens.
The second part of the article shows the overview of legal base of terrorism prevention and combating the terrorism. The terrorism prevention and combating the terrorism legal base consists of the following: conventions ratified by Lithuania, international agreements on the cooperation in combating the terrorism, laws, establishing various means of combating the terrorism and other legal acts, establishing the competence of the Government and its authorized institutions in the field of the terrorism prevention and combating the terrorism. The Republic of Lithuania, being the member of European Union, United Nations and NATO and applying common international standards, has ratified all main conventions on the combating the terrorism.
In the third part of the article the current position of terrorism prevention and combating terrorism in Lithuania is presented. All means used by the Republic of Lithuania in the field of national security are called means of combating the terrorism. The following stages of combating the terrorism (or terrorism control) may be separated: a) terrorism prevention, b) liquidation of terror acts and c) investigation of terror acts. While implementing these terrorism control means, many state institutions take part, such institutions take all measures in order to prevent the establishing of terrorism phenomenon in Lithuania.
We shall not be mistaken if we say, that Lithuanian state pays the biggest attention towards the terrorism prevention. In this meaning, terrorism prevention is implementation of means used by the state institutions and preventing the terrorism, prevention of terrorism outspread and the circumstances enabling such an outspread, evaluation of terrorism threats, teaching of public and promoting the cooperation with the police institutions and coordination of these means implementation.
Terrorism threat for Lithuanian state is more of the external type. Internal situation and historic state experience do not establish the conditions for forming of high degree terrorism structures network. Only scantlings by terrorism already exist in Lithuania. Separate violence acts, that occurred up to now, were performed out of criminal and economic stimulus, taking vengeance on criminals by other criminals or out of other reasons. Thus, the major threat for Lithuania is international terrorism and dangers thereof. Institutions participating in the terrorism prevention and combating the terrorism may be called as police institutions. According to the law of national security base of the Republic of Lithuania of 19 December 1996 and the program against the terrorism of the Republic of Lithuania of 22 January 2002, the National Security Department is the main (also the only) state institution, coordinating combating the terrorism in Lithuania. The following institutions of interior management system also may be classified as the police subjects participating in the combating the terrorism: Financial Crime Investigation Service, State Border Guard Service, VIP protection department, Police department, Lithuanian police antiterrorist operations division “Aras”. The attention should be paid to the fact, that other police institutions, especially the institutions of national police, must take an active part in the terrorism prevention.
The fourth part of paper demonstrates strategic directions of terrorism prevention and combating the terrorism in Lithuania. National programs, foreseeing general principles of national security ensuring and crimes prevention and control, have a huge impact on forming the strategy of terrorism prevention and combating the terrorism. The aim of national programs, related to the terrorism prevention and the combating the terrorism is to protect Lithuania from the destroying activity of foreign secret services and their cover structures and the activity of terrorist organizations and from terror acts and to prevent such organizations from using the territory of the Republic of Lithuania either as a transit state for destroying activity or for terror acts against other states. While concluding on the perspectives of terrorism prevention and combating the terrorism, it can be seen, that the organizing of terrorism prevention and control is not yet very consistent and systematic, and it meets the general principles of crimes prevention and control only partially. In order to avoid all that, it is necessary to establish the criteria of effectiveness evaluation of prepared national programs against the terrorism and to assign suitable amount of allocations to the implementation of the measures stipulated in such programs.
The authors reach the conclusion that terrorism prevention and combating the terrorism are considered as one of the key tasks of the ensuring the states national security. It is accepted that social, political, economic, historic, ethnic, psychological and other reasons influence the emerging of the terrorism phenomenon, thus, action measures to this phenomenon should be analogous. On the other hand, the means of terrorism prevention and combating the terrorism comprise the set of ways, methods and means directed against the terrorism and the criminal activities related thereof.
Read Download (downloaded - 622) The essential problem related to the practice and experience of Lithuania state, while carrying out the policy of prevention and combating the terrorism both inside the state and the rest of Europe, is being formed. The analyzed problem forms the purpose of the research, i.e. after evaluation of legal acts effective in the Republic of Lithuania and approved governmental programs, foreseeing the principles of the terrorism prevention and combating, to provide the effectiveness of the used legal, organizational, prevention and other types of combating the terrorism.
In the first part of the article authors analyze the issue of conception of terrorism. The origins and etymology of the concept are not totally clear yet. The main reason is the fact that various illegal activities, named as terrorism, terrorism activity, terror, and terror act are used both at international and national levels. The definition of terrorism in Lithuania was established in the Draft of the renewed program of the Republic of Lithuania against terrorism, passed on 15 June 2004. In other case, terrorism definition is closely related to the definition of a terror act. The authors make a conclusion that the terrorism is a broader definition than a terror act, since a terror act is the constituent part of the definition of terrorism. The definition of terrorism nowadays should be understood much wider and should comprise not only various criminal activities, used in the international documents and related to terrorism, but also the threats and dangers threatening the states internal national security. In this meaning, terrorism should be defined as the synthesis of threats or dangers and part of military acts, when aiming at solving particular issues of political or national manner by using violence or terror acts against the state, its official institutions and citizens.
The second part of the article shows the overview of legal base of terrorism prevention and combating the terrorism. The terrorism prevention and combating the terrorism legal base consists of the following: conventions ratified by Lithuania, international agreements on the cooperation in combating the terrorism, laws, establishing various means of combating the terrorism and other legal acts, establishing the competence of the Government and its authorized institutions in the field of the terrorism prevention and combating the terrorism. The Republic of Lithuania, being the member of European Union, United Nations and NATO and applying common international standards, has ratified all main conventions on the combating the terrorism.
In the third part of the article the current position of terrorism prevention and combating terrorism in Lithuania is presented. All means used by the Republic of Lithuania in the field of national security are called means of combating the terrorism. The following stages of combating the terrorism (or terrorism control) may be separated: a) terrorism prevention, b) liquidation of terror acts and c) investigation of terror acts. While implementing these terrorism control means, many state institutions take part, such institutions take all measures in order to prevent the establishing of terrorism phenomenon in Lithuania.
We shall not be mistaken if we say, that Lithuanian state pays the biggest attention towards the terrorism prevention. In this meaning, terrorism prevention is implementation of means used by the state institutions and preventing the terrorism, prevention of terrorism outspread and the circumstances enabling such an outspread, evaluation of terrorism threats, teaching of public and promoting the cooperation with the police institutions and coordination of these means implementation.
Terrorism threat for Lithuanian state is more of the external type. Internal situation and historic state experience do not establish the conditions for forming of high degree terrorism structures network. Only scantlings by terrorism already exist in Lithuania. Separate violence acts, that occurred up to now, were performed out of criminal and economic stimulus, taking vengeance on criminals by other criminals or out of other reasons. Thus, the major threat for Lithuania is international terrorism and dangers thereof. Institutions participating in the terrorism prevention and combating the terrorism may be called as police institutions. According to the law of national security base of the Republic of Lithuania of 19 December 1996 and the program against the terrorism of the Republic of Lithuania of 22 January 2002, the National Security Department is the main (also the only) state institution, coordinating combating the terrorism in Lithuania. The following institutions of interior management system also may be classified as the police subjects participating in the combating the terrorism: Financial Crime Investigation Service, State Border Guard Service, VIP protection department, Police department, Lithuanian police antiterrorist operations division “Aras”. The attention should be paid to the fact, that other police institutions, especially the institutions of national police, must take an active part in the terrorism prevention.
The fourth part of paper demonstrates strategic directions of terrorism prevention and combating the terrorism in Lithuania. National programs, foreseeing general principles of national security ensuring and crimes prevention and control, have a huge impact on forming the strategy of terrorism prevention and combating the terrorism. The aim of national programs, related to the terrorism prevention and the combating the terrorism is to protect Lithuania from the destroying activity of foreign secret services and their cover structures and the activity of terrorist organizations and from terror acts and to prevent such organizations from using the territory of the Republic of Lithuania either as a transit state for destroying activity or for terror acts against other states. While concluding on the perspectives of terrorism prevention and combating the terrorism, it can be seen, that the organizing of terrorism prevention and control is not yet very consistent and systematic, and it meets the general principles of crimes prevention and control only partially. In order to avoid all that, it is necessary to establish the criteria of effectiveness evaluation of prepared national programs against the terrorism and to assign suitable amount of allocations to the implementation of the measures stipulated in such programs.
The authors reach the conclusion that terrorism prevention and combating the terrorism are considered as one of the key tasks of the ensuring the states national security. It is accepted that social, political, economic, historic, ethnic, psychological and other reasons influence the emerging of the terrorism phenomenon, thus, action measures to this phenomenon should be analogous. On the other hand, the means of terrorism prevention and combating the terrorism comprise the set of ways, methods and means directed against the terrorism and the criminal activities related thereof.
Petras Ancelis, Danguolė Grigolovičienė. The Pre-Trial Investigation after the Ratification of the Minutes of the Legislative Framework Reform
Abstract. The authors of the article presented the development of criminal prosecution after the restoration of independence of the Republic of Lithuania until the ratification of the Minutes of the Legislative Framework Reform (new edition) in June, 1998. The subsequent period was no less dynamic and significant, which demanded further substantial studies to be conducted. This period saw various changes in the legal – process regulation of criminal prosecution as well as was marked by variety of amendments of practical activities of institutions responsible for the implementation of criminal prosecution. In addition, the results of scientific activities of criminal prosecution executed a direct influence upon the development of the criminal procedure system. The Code of Criminal Procedure (further – CCP) was shifted, adding new changes and annexes, thus, the original content and „spirit“ of the „Soviet“ version of the CCP had totally been transformed, whereas drafting a new Code had prolonged. Thus, the following report analyses the subsequent key amendments of the Law on Criminal Prosecution, their influence of organization and implementation of the pre-trial investigation, the reorganization of investigation institutions and public procurators, changes of structure, the results of practical activities. The new Draft Code of Criminal Procedure of the Republic of Lithuania and other related issues saw consistent consideration, enactment, and implementation.
The whole reform period of the pre-trial investigation from the restoration of independence of the Republic of Lithuania until the present day is analysed into the following periods that are substantiated by certain criteria and conclusions:
1. Since March 11, 1990 until the ratification of the Minutes of the Legislative Framework Reform. This period was marked by the demarcation from the Soviet Union legal-structural system, the improvement of the criminal process, discussions and opinions concerning the reorganization of criminal prosecution.
2. Since June, 1993 until 1998. The period was marked by laying emphasis on the practical implementation of the procedural activities, the improvement of legal regulations, the reorganization of institutions without pursuance on the Minutes of the Legislative Framework Reform.
3. Since 1999 until April 2003. The period when new Codes of Criminal Procedure were drafted and adopted hastily, unreasonably ignoring the opinion of others (legal literature, mass media, opinion expressed in debates, scientific researches and other sources). At the same time, due to effective initiative of practical legal institutions, significant amendments and annexes to the CCP were adopted and reorganizations of legal institutions were performed which formed the background to organize a more effectual criminal prosecution.
4. Since May 2003 and forecasting the future perspectives. The period marked by correction of inaccuracies and other gaps made in the regulation of legal criminal prosecution and improvement of a more fluent organization of practical activities.
Read Download (downloaded - 396) The whole reform period of the pre-trial investigation from the restoration of independence of the Republic of Lithuania until the present day is analysed into the following periods that are substantiated by certain criteria and conclusions:
1. Since March 11, 1990 until the ratification of the Minutes of the Legislative Framework Reform. This period was marked by the demarcation from the Soviet Union legal-structural system, the improvement of the criminal process, discussions and opinions concerning the reorganization of criminal prosecution.
2. Since June, 1993 until 1998. The period was marked by laying emphasis on the practical implementation of the procedural activities, the improvement of legal regulations, the reorganization of institutions without pursuance on the Minutes of the Legislative Framework Reform.
3. Since 1999 until April 2003. The period when new Codes of Criminal Procedure were drafted and adopted hastily, unreasonably ignoring the opinion of others (legal literature, mass media, opinion expressed in debates, scientific researches and other sources). At the same time, due to effective initiative of practical legal institutions, significant amendments and annexes to the CCP were adopted and reorganizations of legal institutions were performed which formed the background to organize a more effectual criminal prosecution.
4. Since May 2003 and forecasting the future perspectives. The period marked by correction of inaccuracies and other gaps made in the regulation of legal criminal prosecution and improvement of a more fluent organization of practical activities.
Dainius Žilinskas. Legal Assessment Of Certain Provisions Of The Republic Of Lithuania Law On Police Activities
Abstract. The Police if compared with other law enforcement authorities is the most numerous and has the widest network of territorial and specialised agencies. Activities of the Police vary greatly. Police institutions are subjects of the operative activities, they carry out prevention and investigation of criminal offences and infringements of administrative law, supervise traffic safety, participate in ensuring public safety and public order, etc. Legal regulation of its establishment and activities has direct effect on the success of objectives and functions assigned to the Police. Article contains analysis of legal regulation of police activities, which is done by examining the contents of the Law on Police Activities, basing on methodological approach of analytical jurisprudence, and court practice. Provisions of the Law on Police Activities are compared with provisions of other related legislation. Article also contains analysis of legal notions, which are used to identify the main values protected by the police (“public safety”, “public order”), as well as notions used to define the position of the Police in the system of public institutions (“state security”, “national security”). Moreover, legal possibilities of controlling the police activities, its relationship with executive institutions is analysed in the article.
In article concludes practical recommendations for improvement of the Law on Police Activities seeking to align its provisions with those of other relevant legislation.
Read Download (downloaded - 530) In article concludes practical recommendations for improvement of the Law on Police Activities seeking to align its provisions with those of other relevant legislation.
Alfonsas Laurinavičius. Efficiency of Ethics Codes and Statutory Service Reputation
Abstract. Dealing with administration of separate officer’s and whole institution or service, the role of profession and service ethics codes has increased during the last three decades.
The general tendency of ethics evolution marks an upheaval from individual ethics to social objective ethics. Growing responsibilities of an office or its subdivision’s qualified and ethic activity strongly influences an organization and its leaders. The objective foundation of a new standpoint is international conventions on issues of human rights and freedoms and these services obligation implementation. Defining civil society, orientation is set on common personal and service’s interests; the aim is to equalize to institutions of the state and civilized community the meaning of dealing with public relation administration problems. Creating efficient infrastructure of objective service ethics encourages this rapprochement of the interests.
The general segment of ethics infrastructure is the code of service deontology. Internal and external factors that make great influence upon efficiency of the code should be estimated. The countries with a long sequential history of development, analysis of institutions activity experience forewarned supply the information to codex’s executors about possible mistakes. One of the most important presumptions of effective code implementation – all ethic infrastructures must be modeling at a stretch, intended to a concrete social derivative. An adequate modeling of institutionalizing „tools“ complex proceeds considering the most important social derivative attributes:
- Definition of a mission of institution or mission;
- The conception of institution, office ethic activity;
- Requirements of service ethic management;
- Institution, as an independent social derivative subculture peculiarities, and others.
The problem of trust in government and its institutions is everlasting. It is said, that humans are protected from evil, committed by others, only as much as they can protect themselves. Therefore the question appears: if a popular „social contact“ theory is intended only to announce high ideals, or has a practical meaning. Practice shows that developed modern ethics infrastructure is able to do so, that seemed only distant dreams – range realizing fixed obligations with the powers of the same institution. Human inter trust and reliability, creating rather reliable system of assurance, starts to operate, make an influence to a public life. Therefore we can claim that this phenomenon, based on instrumental ethics, least partially can be controlled purposefully. Therefore, ethics codes together can be taken as offices’ and institutions’ reputation building means. A citizen constantly receives enough information about the work of statutory services (police, customs, etc). Made up the opinion that they, fulfilling their functions, keeps an order, decency, justice, are impartial, do not try to avoid responsibility – in reality protect democratic values, begins to trust in them, grows public striving to contribute keeping public order, secure human rights and main freedoms.
To sum up, we can claim that ethics institutionalization processes helps to solve successful activity a „good life“ issues. Implementing of professional moral values regulates service nexuses, avoiding improper activity for not knowing, eliminates possibilities of misuse of power, at last, it makes the premise to implement the Law of the Republic of Lithuania, on the State Service, 1999, article 3, which declares main service of the state and state officers activity ethics principles: as human and state respect, justice, self-neglect, decency, impartiality, responsibility, publicity, exemplification and etc.
The Law of the Republic of Lithuania regulates the implementation of officers of the state activity ethics principles and responsibility of their infraction among ethics legislation that directly supports the ethics code. An implementation of this requirement estimates State service law article 4 „Legislation practice“. As we know, this legislation without reserve is applied upon officers, except statutory officers of the state. This law provision is applied to statutory officers of the state as much, as the statute does not regulate their status. Consequently, statutes (of customs, of police) to a certain extent can be considered as ethics legislation, legal implements regulates concrete services socials role, its implementation in the frames of given competition.
It can be maintained that new ethics is under creation. The ethic allows, taking into consideration life reality, to newly estimate rules that have been fixed earlier. Quickly changing reality re-forms person’s attitude towards welfare, interpretation of his rights and fundamental freedoms, and this claims substantially rearrange offices of the state activity, conception of their mission. Conception of good and evil, justice and injustice in dynamic surrounding where police, customs or other statutory service officers has to work, mostly depends on situation, therefore often when it is impossible to invoke to ethics legislation, ethical process should be developed. Thereto to solve ethical questions, conceptual schemes and algorithms emerging from practical experience are necessary. Ethics institutionalization processes serve to developing of human rights, public order, positive globalization–to a rational developing of socium.
Read Download (downloaded - 782) The general tendency of ethics evolution marks an upheaval from individual ethics to social objective ethics. Growing responsibilities of an office or its subdivision’s qualified and ethic activity strongly influences an organization and its leaders. The objective foundation of a new standpoint is international conventions on issues of human rights and freedoms and these services obligation implementation. Defining civil society, orientation is set on common personal and service’s interests; the aim is to equalize to institutions of the state and civilized community the meaning of dealing with public relation administration problems. Creating efficient infrastructure of objective service ethics encourages this rapprochement of the interests.
The general segment of ethics infrastructure is the code of service deontology. Internal and external factors that make great influence upon efficiency of the code should be estimated. The countries with a long sequential history of development, analysis of institutions activity experience forewarned supply the information to codex’s executors about possible mistakes. One of the most important presumptions of effective code implementation – all ethic infrastructures must be modeling at a stretch, intended to a concrete social derivative. An adequate modeling of institutionalizing „tools“ complex proceeds considering the most important social derivative attributes:
- Definition of a mission of institution or mission;
- The conception of institution, office ethic activity;
- Requirements of service ethic management;
- Institution, as an independent social derivative subculture peculiarities, and others.
The problem of trust in government and its institutions is everlasting. It is said, that humans are protected from evil, committed by others, only as much as they can protect themselves. Therefore the question appears: if a popular „social contact“ theory is intended only to announce high ideals, or has a practical meaning. Practice shows that developed modern ethics infrastructure is able to do so, that seemed only distant dreams – range realizing fixed obligations with the powers of the same institution. Human inter trust and reliability, creating rather reliable system of assurance, starts to operate, make an influence to a public life. Therefore we can claim that this phenomenon, based on instrumental ethics, least partially can be controlled purposefully. Therefore, ethics codes together can be taken as offices’ and institutions’ reputation building means. A citizen constantly receives enough information about the work of statutory services (police, customs, etc). Made up the opinion that they, fulfilling their functions, keeps an order, decency, justice, are impartial, do not try to avoid responsibility – in reality protect democratic values, begins to trust in them, grows public striving to contribute keeping public order, secure human rights and main freedoms.
To sum up, we can claim that ethics institutionalization processes helps to solve successful activity a „good life“ issues. Implementing of professional moral values regulates service nexuses, avoiding improper activity for not knowing, eliminates possibilities of misuse of power, at last, it makes the premise to implement the Law of the Republic of Lithuania, on the State Service, 1999, article 3, which declares main service of the state and state officers activity ethics principles: as human and state respect, justice, self-neglect, decency, impartiality, responsibility, publicity, exemplification and etc.
The Law of the Republic of Lithuania regulates the implementation of officers of the state activity ethics principles and responsibility of their infraction among ethics legislation that directly supports the ethics code. An implementation of this requirement estimates State service law article 4 „Legislation practice“. As we know, this legislation without reserve is applied upon officers, except statutory officers of the state. This law provision is applied to statutory officers of the state as much, as the statute does not regulate their status. Consequently, statutes (of customs, of police) to a certain extent can be considered as ethics legislation, legal implements regulates concrete services socials role, its implementation in the frames of given competition.
It can be maintained that new ethics is under creation. The ethic allows, taking into consideration life reality, to newly estimate rules that have been fixed earlier. Quickly changing reality re-forms person’s attitude towards welfare, interpretation of his rights and fundamental freedoms, and this claims substantially rearrange offices of the state activity, conception of their mission. Conception of good and evil, justice and injustice in dynamic surrounding where police, customs or other statutory service officers has to work, mostly depends on situation, therefore often when it is impossible to invoke to ethics legislation, ethical process should be developed. Thereto to solve ethical questions, conceptual schemes and algorithms emerging from practical experience are necessary. Ethics institutionalization processes serve to developing of human rights, public order, positive globalization–to a rational developing of socium.
Kęstutis Vitkauskas. Impact of Salary on the Safety of Rights of Police Officers
Abstract. The article deals with police officers’ rights to the main social guarantees such as salary and other payments and the problems of their realization in practise. The investigations have been performed on the grounds of acts of law, analytical and statistical facts from Police department offices.
After carrying out the research the following conclusions can be made:
1. Differences of system of salary of police officers regulated by acts of law from the analogous system based on a labour contract suppose exclusive status of statutory employees in the sphere of labour relations. When comparing the acts of law which define the salary of police officers with the regulations of labour code it turns out that in some cases the rights of employees who work according to labour contracts are more ensured and protected by laws than those of internal service officers. These circumstances may form the prerequisites for police officers distorted evaluation of their social status in the labour market and social conflicts occurrence.
2. The analysis of salary of police officers regulated by acts of law has revealed the fact that the salary of police officers as a category of the main social guarantees is not exceptional: 1) the computation formula of officer salary supposes a great differentiation of salaries which draws a broad divide between the officers getting the lowest and highest salary, 2) limitations applied to the premiums and extras of the officer salary do not allow all the officers to get full salary for their length of service, rank, qualification category and extra work, 3) government’s right to set the minimal salary and regulate its size minifies the opportunities of realization of the aims of State Service Law.
3. After the adoption of the Statute of Internal Service the factors limiting the increase of work quality have not changed. By this the right to get a just payment for work is being violated. The work cannot guarantee the employees and their families a normal standard of life, a rise of salary for overtime, special working conditions and other guarantee payments and compensations connected with labour relations.
Read Download (downloaded - 522) After carrying out the research the following conclusions can be made:
1. Differences of system of salary of police officers regulated by acts of law from the analogous system based on a labour contract suppose exclusive status of statutory employees in the sphere of labour relations. When comparing the acts of law which define the salary of police officers with the regulations of labour code it turns out that in some cases the rights of employees who work according to labour contracts are more ensured and protected by laws than those of internal service officers. These circumstances may form the prerequisites for police officers distorted evaluation of their social status in the labour market and social conflicts occurrence.
2. The analysis of salary of police officers regulated by acts of law has revealed the fact that the salary of police officers as a category of the main social guarantees is not exceptional: 1) the computation formula of officer salary supposes a great differentiation of salaries which draws a broad divide between the officers getting the lowest and highest salary, 2) limitations applied to the premiums and extras of the officer salary do not allow all the officers to get full salary for their length of service, rank, qualification category and extra work, 3) government’s right to set the minimal salary and regulate its size minifies the opportunities of realization of the aims of State Service Law.
3. After the adoption of the Statute of Internal Service the factors limiting the increase of work quality have not changed. By this the right to get a just payment for work is being violated. The work cannot guarantee the employees and their families a normal standard of life, a rise of salary for overtime, special working conditions and other guarantee payments and compensations connected with labour relations.
Svetlana Gečėnienė. Opinions of Officers Working with Juveniles on Efficiency of Crime Prevention Measures
Abstract. The article focuses on crime prevention programs and especially on a single element of these programs – a prevention measure. A prevention measure is a single activity supposed to diminish a risk of crime in related population. Efficiency is seen as a most important requirement of a measure. Meta-investigations of R. Martinson, Sherman and others have shown that it is a great mistake to presume this efficiency. Only small part of popular prevention measures can be efficient and they do only under some special conditions. One of the most important of these conditions is the view of people implementing a measure. Their disbelieve can turn an efficient measure to the inefficient one. Just the same effect has the lack of understanding how the measure works, what is the mechanismus of its preventive effect.
We investigated attitudes of officers and volunteers that take part implementing a crime prevention program. They were asked to evaluate supposed efficiency of the measures included into crime prevention program and to explain their answer.
The received evaluation of efficiency turned to be totally independent of real (experimentally proven) efficiency. All our respondent „reinvented“ the mechanism of preventive effect. Several interesting effect were observed. One of them – super optimism (believe that all prevention measures are efficient – „something has to be done“). The second – police orientation (believe that the greater is the participation of police implementing a measure the more efficient it is).
Read Download (downloaded - 447) We investigated attitudes of officers and volunteers that take part implementing a crime prevention program. They were asked to evaluate supposed efficiency of the measures included into crime prevention program and to explain their answer.
The received evaluation of efficiency turned to be totally independent of real (experimentally proven) efficiency. All our respondent „reinvented“ the mechanism of preventive effect. Several interesting effect were observed. One of them – super optimism (believe that all prevention measures are efficient – „something has to be done“). The second – police orientation (believe that the greater is the participation of police implementing a measure the more efficient it is).
Gintautas Danišauskas. Legal Aspects of Privatisation on Police-Led Public Services
Abstract. The scientific works of Mykolas Rometis University have written on the police functions in the democratic society as well as discussed the question of the legal content of the services provided to the community by the police. There have also been articles which considered both the issue of providing social services by the police under the conditions of free market economy and the argument of necessity, possibilities and limits of private police.
Recently the question of the need of private police as an organization which safeguards human rights has been widely discussed.
The present study looks into the legal aspect of private police activities and functions. The article also analyzes the legal relationship of activities and functions provided by state police and private organizations which safeguard human rights.
In addition, the article discusses the concept of police functions. The question of what human rights safeguarding functions can be considered as police functions and whether private safeguarding organizations can be called private police is discussed.
Read Download (downloaded - 373) Recently the question of the need of private police as an organization which safeguards human rights has been widely discussed.
The present study looks into the legal aspect of private police activities and functions. The article also analyzes the legal relationship of activities and functions provided by state police and private organizations which safeguard human rights.
In addition, the article discusses the concept of police functions. The question of what human rights safeguarding functions can be considered as police functions and whether private safeguarding organizations can be called private police is discussed.
Tijana Shurlan. The Principle of Complementarity in the Rome Statute
Abstract. This article deals with one of the most important and delicate issues of the mechanism of International criminal law. Necessity to clear up all issues connected with the principle of complementarity’s is even greater since the Statutes of Tribunals for former Yugoslavia and Rwanda does not recognize such principle. There are several criteria for the Court when de-ciding on admissibility cases, which should be analyzed from the theoretical point of view. Yet, since there is no jurisprudence still, this question will, for sure, emerge again when the Court starts with first cases.
Read Download (downloaded - 323) Darius Petrošius. The Development of Law of Operational Activities from the Point of Protection of Human Rights
Abstract. The article deals with the problem of protection of human rights and freedoms from the perspective of operational activities, which is very widely examined, in public as well as in scientific research.
For now there had been only few individual cases conditioned by various laws of operational activities and associated with the limitation of constitutional rights.
After the reestablishment of Lithuanian Independence, there have been 3 versions of the Law of Operational Activities passed, which are examined in the article by the method of comparative analysis from the point of view of human rights.
Crime not only breaks the most essential human rights, but also has a negative influence on the society as well as on the nation. That is why the social and economical maturity and the level of democracy are the conditions for one of the main obligations of the country, which is to prevent crime. The human rights are not an absolute and unalterable category. Under certain conditions the state might be forced to restrict the rights of one human being in order to protect the others and the legal state interests. Operational activities are one of the specific means for the state, human and society security, which, however restricts some rights of people. But this restriction must be legal, proportional and legitimate.
The regulation of the operational activities is quite a new field of study of legal regulation. The analysis of the development of the Law of Operational Activities demonstrates that the protection of human rights increases. This might be caused by the fact that before the Independence, the operational activities were unadvertised and regulated by secret departmental standard acts. Only certain number of members of the society could have been introduced to it.
Accordingly, the Law of Operational Activities is one of the basic supports of human rights.
The development of the Law of Operational Activities is conditioned by the protection the human rights and the need to find a balance between it and the state interests.
During the development of the legal regulation, some parts of the Law were changed in order to fulfil the main principles of a legal state, the Constitution of the Republic of Lithuania and Conventions, as well as the doctrine of the Human rights provided in the jurisprudence of the Constitutional Court and the European Court of Human Rights. At the same time the development of the Law of Operational Activities provide that from the human rights, social and state interest protection, the field of operational activities as an alternative instrument is due to explicate to reacting to the change of crime, the development of society and country, the appearance of new threats and other factors.
Read Download (downloaded - 406) For now there had been only few individual cases conditioned by various laws of operational activities and associated with the limitation of constitutional rights.
After the reestablishment of Lithuanian Independence, there have been 3 versions of the Law of Operational Activities passed, which are examined in the article by the method of comparative analysis from the point of view of human rights.
Crime not only breaks the most essential human rights, but also has a negative influence on the society as well as on the nation. That is why the social and economical maturity and the level of democracy are the conditions for one of the main obligations of the country, which is to prevent crime. The human rights are not an absolute and unalterable category. Under certain conditions the state might be forced to restrict the rights of one human being in order to protect the others and the legal state interests. Operational activities are one of the specific means for the state, human and society security, which, however restricts some rights of people. But this restriction must be legal, proportional and legitimate.
The regulation of the operational activities is quite a new field of study of legal regulation. The analysis of the development of the Law of Operational Activities demonstrates that the protection of human rights increases. This might be caused by the fact that before the Independence, the operational activities were unadvertised and regulated by secret departmental standard acts. Only certain number of members of the society could have been introduced to it.
Accordingly, the Law of Operational Activities is one of the basic supports of human rights.
The development of the Law of Operational Activities is conditioned by the protection the human rights and the need to find a balance between it and the state interests.
During the development of the legal regulation, some parts of the Law were changed in order to fulfil the main principles of a legal state, the Constitution of the Republic of Lithuania and Conventions, as well as the doctrine of the Human rights provided in the jurisprudence of the Constitutional Court and the European Court of Human Rights. At the same time the development of the Law of Operational Activities provide that from the human rights, social and state interest protection, the field of operational activities as an alternative instrument is due to explicate to reacting to the change of crime, the development of society and country, the appearance of new threats and other factors.
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