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Abstract. Les auteurs contemporains comprennent et analysent les aspects du contrôle de légalité dans le contexte des problèmes juridiques et politiques. En Europe Occidentale, les traditions démocratiques consistent en un contrôle qui ne doit pas être seulement formel mais aussi contenir le compromis des intérêts sociaux.
Il faudrait noter que, malgré les nombreuses conférences sur ce sujet, beaucoup d’auteurs restent influencés par une conception formaliste de la loi: la compréhension étroite du positivisme juridique où il n’existe pas de problème entre le droit et la loi parce qu’ils se confondent.
L’utilité de la conception contemporaine de la loi, qui influence la recherche de la nouvelle conception du droit exprime les arguments de cette nouvelle conception du droit qui renvoie aux points d’analyse suivants. La nécessité de la vaste notion du droit consiste en l’appréciation des intérêts sociaux, oblige à fortifier leurs compromis avec les lois, trouve la convenance du modèle d’équilibre des droits et des obligations.
Une telle notion convainc qu’il est raisonnable de continuer les recherches sur l'élaboration de proces de démocratie.
L’importance de la Constitution qui, aux conditions du droit positif, peut comprendre le contenu de droit et être ouverte aux autres sources de droit. Le rapport entre les différentes sources de droit garantie la législation ouverte et dynamique et défend avec effectivité les droits de l’homme.
Le principe d’égalité est un moyen juridique le plus puissant: mais il est tres important de notter qu’égalité doit etre compris comme une valeur relative.

Abstract. This article analyzes the problem of a definition of the public interest in the civil procedure law and practice. The legislator not only does not explain the concept of the public interest entrenched in norms of the civil procedure law, but it also does not establish any objective criteria or normative characteristics, following which one could ensure uniform interpretation of the concept. Legal literature suggests resolving this problem by leaving interpretation of the concept of the public interest solely to the case law. Courts however do not
create legal norms. Therefore, they can only evaluate this concept in a certain situation and cannot provide for any normative characteristics of the public interest. Consequently, absence
of a definition of the public interest is a serious problem of interpretation and application of laws of the civil procedure.
No legal security and certainty may exist, if a legal norm is not clear and precise enough and if it can only be implemented by reason of its ad hoc interpretation.
The article analyzes the public interest as well as provides for the subjects and object thereof. That enabled to formulate and to present a definition of the public interest. The public interest is objectively existing as well as legally protected and defended general, non-individualized (not depending to particular persons) social needs of the society or of individual
groups thereof, which are determined by universally acceptable aims of stability and positive changes in the society (public good). The subjects of the public interest are the society
and its social groups. The object thereof is public good of the society.
The article treats the public interest as an independent subject of legal defence and protection. It also discusses guarantees of protection of the public interest in the civil procedure.
The concepts of defence and protection of the public interest are defined, as well. The article provides for legal measures of protection and defence of the public interest, which would define objectively the public interest as well as which would make such definition more clear and specific. Such measures would establish the limits and criteria of the public interest, principles of protection and defence thereof, would ensure the balance between the public and private interests as well as would regulate the objects of the public interest, activities
of the subjects protected by such interest, and the civil procedure of defence of the public interest.
Protection and defence of the public interest are related with restrictions of human rights and freedoms. Consequently, the article treats such restrictions reasonable if they meet the
criteria of legitimacy and democratic necessity. Restrictions can be set only by law as well as the means must be proportionate to the legitimate aim being pursued (principal of proportionality).
The public interest cannot be opposed with protection and defence of personal rights, freedoms, and legitimate interests. The just balance must be ensured in this field.
The principle of just balance of the public interest and of protection and defence of personal rights, freedoms, and legitimate interests should be applied when civil cases regarding
protection of the public interest are heard as well as when norms of the civil procedure, which establish guarantees of protection of the public interest, are construed and created.

Abstract. Crises in enterprises cannot be evaded in circumstances of market economy; therefore the redundancy of a part of workers is indispensable. In general, it is necessary to make
redundant a group of workers due to the economic, social and other circumstances, leading to the closure (liquidation) or reorganisation (restructuring) of enterprises. This article is aimed
at analysing of guarantees submitted to workers in cases of collective redunancies applied in Lithuania. A great number of guarantees is provided with a view to solving the problem of employment of workers, forasmuch it is the essential part of the protection of whole set of rights of workers. In such cases the international standards do not impose any special requirements for the employer, except the following: a) submission to workers of proper information in due time; b) the arrangement of consultations with them; c) the redundancies must subject only to the procedure prescribed by laws; d) the transfer of part of authority to public institutions which in certain cases would necessitate to stay or completely prohibit the redundancies.
In order to explore the raised tasks, the work deals with the appropriate problems related to regulation and procedure of collective redundancies. In the course of research it was established that the collective redundancies in the Labour Code of Lithuania are understood more constricted in relation to the conception under the Directive No 98/59/EC, which provides
that collective redundancies shall be held redundancies on the initiative of the employer (irrespective of the origin of initiative) provided that there are at least five redundancies not related to personal characteristics of workers.
It was established that the employer is entitled to perform collective redundancies only following the expiry of consultation and notification/information procedure provided for in Directive No 98/59/EB, however, under the regulation in Lithuania, in case the enterprise is subject to restructuring or bankruptcy procedure, the time-limits for information and consultation procedure are not provided at all, and the obligations of employers are unrealizable within the defined timelimits necessary for giving notice to a worker and making him
redundant.
As well, in the course of research it was established that the notification and redundancy time-limits in the Enterprise Bankruptcy Law were laid down in breach of the principles of
equality and non-discrimination in relation to those workers who were notified of redundancy without the fault on the part of a worker in pursuance of general provisions of Article 130
of Labour Code, as well in breach of any other time-limits, under which the employer must perform its obligations laid down in Directive 98/59/EC and Articles 130(4) and 130(5) of the Labour Code, i.e. to notify the competent institutions and representatives of workers and to arrange consultations with them.
The obligation of the employer to consult workers on redundancy matters is established not only in order to evade collective redundancies or to diminish the number of dismissed workers, but as well seeking to smooth the outcomes of these redundancies, that are possible only following the inclusion of appropriate public institutions into this procedure competent to re-qualify or to educate the dismissed workers with a view to employing them. However, the consultation tasks in Lithuania are unrealizable following the opening of bankruptcy procedure to an enterprise.
The unlawful redundancy is always connected to material expenses, legitimate expectations of workers and the restriction of the employer’s rights to dismiss the workers without a valid reason or unlawfully. However, the decision in Lithuania on the reinstatement into the previous job or the payment of compensation in case of non-reinstatement of the unlawfully dismissed worker is adopted by the court only, irrespective of whether the applicant applies for it.

Abstract. The goal of this article is to spotlight legal, economical problems of nurturing of entrepreneurship culture in Lithuania.
Lithuanian thinkers of the interwar raised the idea that "we are not in love with our country because too long we were forced to hate a foreign country". That is why a state was contrasted
with creating of welfare for people. In Soviet times, a notion of coexistence was based on artificial order, "dictatorship of proletariat", which even more distorted culture of coexistence of Lithuanian people, undercut confidence in the state and in other social values. Strained doctrinaire thinking formed traditions unacceptable for the democratic world. Until now it remains a significant object for research in creating a legal and democratic state of Lithuania, an enterprising society, which is determined to apply free market methods to regulate
its economy.
It is scientifically proved that cultural traditions are consciously or unconsciously formed and can have a decisive impact on human relations; however, they can not be genetically transferred. Due to this in the democratic world their development is submitted to a society’s will. The article suggests a presumption, based on theoretical sources and data of social
research, that without having conquered appositive cultural manifestations in the democratic coexistence it is impossible to create the enterprising society. Forceful actions can be targeted
to solve concrete problems. One of such is nihilism in the law. This presumption is attempted to be proved by data of sociological research which reveal circumstances and reasons for nihilism in the law to emerge.
The article substantiates the idea that enterprising of the society is a part of its legal economical culture. Nihilism in law is a form of distorted legal consciousness. The article attempts to pay readers attention to concrete sequences of traditions formed in the Soviet era – a negative impact in developing cooperation between entrepreneurs and custom or other tax institutions officers in solving legal economical questions.
On the basis of research data several conclusions have been made:
• Examination of problems of legal consciousness is very complicated and requires consistency and attention to both the totality of circumstances and to every single of them. Moreover, it is very important to evaluate latent problems because provided legal characteristics can be treated subjectively on the basis of doctrinaire way of thinking and notions of artificial order which had been engrained for long decades.
• Having compared data of inquiry of social groups in Western countries and those in Lithuania an obvious difference in attitudes towards legal functions can be observed. Lawyers in Lithuania (working in the law field) particularly stress educational function. This distorts a social role of the law. Relations between entrepreneurs and officers are affected by a legal tradition that had been implanted for long years and which had stressed an absolute preventive function of responsibility and punishment underlining social role of officers (public servants).
• Despite noticeable positive changes in development of traditions of democratic coexistence and enterprising, a latent threat remains in trying to solve all questions merely by legal means and to dissociate from all other (economy, morals, management, etc.).
When creating and developing Western traditions, the essential question is, if the way of societal thinking is changing and towards what direction; can we forecast tendencies of democratic state and society which encourage absorbing traditions from senior European Union member states to organise coexistence and create welfare. A magic passkey that would open the door to so desirable welfare will not turn up without changes in attitudes towards enterprising.

Abstract. This article analyses the prohibition to impose internal taxation according to Art. 90 of the Treaty Establishing the European Community. At first, the concept of the internal
taxation under Art. 90 is defined by distinguishing internal taxation and charges with an equivalent effect. Charges with equivalent effect and customs duties are prohibited, therefore,
they are unlawful per se. The internal taxes are lawful unless they discriminate, directly or indirectly, an imported similar product or afford indirect protection to other domestic products.
The scope of prohibition to impose internal taxation, set in Art. 90 of the Treaty Establishing The European Community, differs depending on application of a particular paragraph.
Any internal taxation in excess of that imposed directly or indirectly on similar domestic products is incompatible with par. 1 Art. 90. This paragraph prohibits any internal tax that is
higher than that for a similar, though not identical, domestic product. In order to determine whether products are similar, it is necessary first to consider objective characteristics of products, such as their origin, the method of manufacture and their organoleptic properties, and secondly, to consider whether or not both categories of products are capable of meeting the
same needs from the point of view of consumers. For establishing the prohibited internal taxation, the tax burden on particular products shall be estimated: the amount of total tax burden, the method of calculation and application as well as other rules of taxation.
Par. 2 Art. 90 prohibits any internal tax that amounts to indirect protection of other domestic products. ”Other product“ is the product that is not similar to an imported product, but competes with it. When considering the prohibition in par.
2 Art. 90 the account must be taken of the impact of that tax on the competitive relationship between the products concerned.
The essential question is therefore whether or not the tax is of such a kind as to have the effect, on the market in question, of reducing potential consumption of imported products to the advantage of competing domestic products.
The article highlights that the prohibition to impose internal taxation, set in Art. 90 of the Treaty Establishing the European Community, does not apply to differentiated taxation based on objective reasons such as quantity of production or different methods of production, however, such taxation to be lawful shall meet the requirements, set by the Court of Justice of the European Communities.

Abstract. Lithuanian integration processes being under way cause intensive correction of social, economic, political phenomena and predetermine changes in the field of border security.
Shengen acquis rules are overviewed and analyzed which regulate the control for security of internal borders, as well as the objects compensating security deficit arisen after abolishing
the control for internal borders are disscused in this article.
The problem of methods securing internal European Union borders is analyzed in the article. Also, supervision of internal borders as one of the most efficient objects for securing internal borders is widely analyzed. The experience of other European countries after abolishing control of internal borders is overviewed. Article provides practical problems, which have been faced by the European Union countries, completely applying the Shengen acquis rules and abolished common internal borders.
The importance of international cooperation with neighboring regarding the border control is discussed. Contracts with neighboring countries on the cooperation in controlling borders are an efficient means for internal borders as well as to increasing national security. Article provides practical recommendations for concluding of such contracts as one of means to compensate upcoming security deficit for Republic of Lithuania.
Internal security of a country cannot be just a national problem, such issues should be solved on the level of European Union. As an assumption it would be reasonable to establish a common security mechanism for countries belonging to the European Union and having common borders, according to the experience of old Shengen convention countries. After implementing the means discussed in the article, it would be possible to state that the main European Union goal is reached – to become the area of freedom, security, and justice.

Abstract. This article analyses the significance of living conditions of individuals sentenced to life for murder for their criminal behaviour. Living conditions of these individuals in family and at school as well as significance of these socialization institutions for personality formation are examined in this article.
Also, past events, personality stimuli and crises that possibly determined criminal behaviour of an individual – persons committed murders for which have been sentenced to life – are discussed in this work. Cronbach’s alpha was applied to assess suitability of questionnaires used for the study. The group of individuals sentenced to life for murder was compared with the control group of individuals sentenced for thefts. The χ2 criterion was used to assess reliability of differences.
In the opinion of individuals sentenced to life for murders, their living and personality formation conditions were not favourable in the family. The vast majority of sentenced to life for murder think that their parents did not care of them.
Sentenced to life for murders 8 times more often do not agree with the statement that their parents paid some care of them, if to compare to individuals sentenced for thefts. Sentenced to life for murders 10 times more often thought that their parents were bad in respect to them, if to compare to individuals sentenced for thefts. Parents of sentenced to life for murder regularly used alcohol and in turn their children get used to alcohol usage. This process confirms the social learning theory and alcohol intoxication influenced the commitment of the murder.
A 52.3 per cent of the sentenced to life for murder experienced violence from their parents (they were beaten, other corporal punishments were used). Individuals sentenced to life for murder 4.3 times more often experienced violence, if compared to individuals sentenced for thefts. Sentenced to life for murders did not get positive incentives from their parents for
their good behaviour, 9.8 time more often ran from their homes in childhood and adolescence and did not feel secure about their future, if to compare to individuals sentenced for thefts.
In the opinion of individuals sentenced to life for murders, their personality formation conditions were not favourable at school. These persons came non-prepared to school from their families. The individuals sentenced to life for murder do not remember schoolmates, had communication problems at school and did not have positive social support of their teachers.
Sentenced to life for murder 4.3 times more often felt nervous communicating with their teachers, 3.8 times more did not try to study at school, 5 times more often used violence against others and 9.4 times more often themselves experienced violence at school, if to compare to the individuals sentenced for thefts. Such a negative experience in family and at school influenced a personality and criminal behaviour of sentenced to life for murder.

Abstract. With the Lublin Union of 1569 Poland and Lithuania formed a new state: the Republic of Both Nations, commonly known as Polish – Lithuanian Commonwealth. Under late Russian foreign occupation, the native language of Lithuania was reborn after many years of dormancy. The aim of both countries was the independence. The lithuanian separatists emphasised the lithuanian cultures and national interest. The Lithuanian national agitation was not accepted by Poles. On the field of Polish-Lithuanian conflict there were some individuals who against the opinion of the others were defending the Lithuanian emancipation movement.
I mention this issue in my article The political thought of Michał Römer as the attempt to merge the opposite conceptions of the Polish-Lithuanian relations where I present him and his beliefs.
The article describes political ideas of Michał Römer. He became a follower of the rising of national feelings in Lithuania at the beginning of the 20th century. His life's work was Litwa. Studyum o odrodzeniu narodu litewskiego (Lithuania. Studies about resurgen of Lithuanian nation), where he presented the research about Lithuanian national identity. He was a member of nobility appreciating the heritage of Grand Duchy of Lithuania. Despite his Polish roots, his political identity was Lithuanian. He used to be a close friend of Pilsudski, but he rejected his offer to become the Prime Minister of the government of Central Lithuania, which would be subordinated to Poland. Then he changed his name – became Mykolas Romeris and moved to Kaunas. His political ideas unified federalism and separatism. He believed in co-operation between the two nations.
In this article has been presented Michał Romer's conception of the rising of national feelings in Lithuania.

Abstract. In the article The Concordat of the Lithuanian Republic and the Holy See, 1927 (Lithuanian Concordat) is researched by from the legal scientific point of view of Mykolas Romeris.
This research discloses factors that influenced the formation of his scientific position on this issue: 1) scientific interests – the ideas of the democratic Legal State, statehood, civil
society, liberalism and constitutionalism, as well as his conceptions of social joinings, legal status of the Church and the reform of civil registry in Lithuania; 2) facts of individual biography (1909–1945), connected with the problems of registry at the time when Lithuanian Concordat was valid (1927–1940) and 3) professional activities of M. Romeris in the State Council (1929 –1931). The argumentation of scientific position of M. Romeris, Official Opinions of the State Council on application of the norms of Lithuanian Concordat, legal aspects of the problem of monopolic church in Lithuania and the scientific analysis, presented in the article – are integrated into a united conception, classified and reflect the scientific position of M. Romeris on Lithuanian Concordat. The position is radically negative, but competent and confirmed by science.
Arguments that defined the scientific position of M. Romeris are explaining by violation of the essence of the Law from the point of view of the contemporary concept of Law – the disbalance between rights and duties of sides of the Concordat, expressed by: 1) the determination of dominant position of the Church over the State; 2) wrong distribution of the competence between the Church and the state; 3) the absence of mechanism of influence of the State: 4) the dominant position of one of confessions – Lithuanian Catholic Church – at the result of supreme position of the Concordat (above “the general order of the State” and the National System of the Law). In the context of developing of the contemporary concept of Law in Lithuanian Science of Law, M. Romeris may be estimated by like a leading scientist (XX).
By words of M. Romeris, Lithuanian Concordat is an anachronism, base don medieval traditions of principals of relationships between the State and the Church. The scientist was agree with action of the Concordat in large and strengthful States, but he was cathigoricaly against it in the Lithuanian Republic during the time of forming of it stateness and democrasy.
The only one way to liquidate the harm that have been done (atificialy created conflicts in country; an alienation of main function of the Church and in relationships of parishioners
and the clergy, a politisation, a fight for an authority in the State, ets.) and menace (from the side of “States, interesting in Lithuanian territories“), on M. Romeris‘s opinion, was
the discontinuance of Lithuanian Concordat.

Abstract.The current article, under the analysis of materials of scientific literature or the provisions of Lithuanian and foreign criminal procedure laws, international laws, the analysis of the law-enforcement officials’ survey data and the analysis of materials of archival criminal cases, mainly focuses on the proposals for wider using of audio and video transmission equipment while the procedural actions are performed. The amendments of Criminal Procedure Code are suggested in this article as well. Basically the article mainly polarizes the research on
the performance of current procedural actions, i.e. interrogation, confrontation and identification parade during the pretrial investigation and the trial stages.
The authors of this article go entirely by the results of the anonymous survey that was performed in participation of the judges, prosecutors, pre-trial investigation officers (overall 254 respondents) and by the analysis of the materials of 148 criminal cases. The interdisciplinary nature of this article was determined by the comparison of Criminal Procedure Code to the draft amendments of Civil Procedure Code.
The analysis, proposals and conclusions defined in this article may be held as the instrument to improve the provisions of Criminal Procedure Code and practical activity as well.

Abstract. Commercial secret has a broad protection under the laws of the Republic of Lithuania. For example: Managing Director, Board members, members from Observers Council are obliged to secure commercial secrets of the company they disclosed during their work time, – states the Corporate Act of the Republic of Lithuania.
The Civil code makes prohibition for disclosure or usage of any confidential information, the third party learned or got during negotiations.
Disclosure of commercial or technological secrets or transfer of secret information to a rival company deems to be outrage under the Labor code of the Republic of Lithuania.
At first glance, it is obvious, that commercial secrets enjoy fully enough protection under the laws. Nevertheless, sometimes it is not enough to have a legal framework for protection
of confidential information and to prove the breach of the law. On that cases it is very important to know the exact content of commercial secret and answer the question what is the object of commercial secrets of the company. It means that lawyer shall analyze provisions for the information to be accepted as confidential. On that case “good practice” of what we usually treat as a commercial secret is not the correct way to prove breach of confidential agreement.
The successful protection of commercial secrets requires a purposeful and legally based system, what ensures the protection.
On that purpose companies usually create a list of confidential information and informs it’s employees. The decision of what is confidential information at the company comes from Board of members. Thus, status of commercial secret may be granted for various sorts of information formalized as a commercial information of the company – from marketing strategy, technologies, knowledge, partners, to the contracts and other secret information. In legal terms, commercial secret may be squeezed-out of any information of the company, if only it fits two criteria. First – information shall have a real or potential value. And, second, information shall be legally formalized and the owner shall take actions to protect such an information.
There are few exceptions made for corporate information, which becomes mandatory public under the laws.

Abstract. New technologies empowered us not only to communicate faster and better, but also to create new business branches. Every day millions of digital messages and documents are sent through the global network or telecommunication systems. Some business processes, service provisioning and conclusion of contracts can be accomplished and all evidence can by accessed only in electronic environment (in cyberspace). When some facts or events can be evidentially fulfilled by electronic information only it is important to ensure acceptability of such information
in legal procedures. Everyone wants to be sure that in the case when some disputes regarding his interest violation arise, he would be able to defend himself using electronic data or electronic documents, made for or during the relationships with other parties. Unfortunately the litigation of these processes is not so clear as it should be. Internet as a global communication and information environment has very many problems regarding its internationality, anonymity and insecurity. The information can be accessed from everywhere and can be displayed everywhere. Thus we must have the possibility to use this information in the court to prove what has happened or should have happened.
It is clear that our country eventually will begin to use electronic evidences very widely because the computerization processes are very fast. The position of EU and Lithuanian Government on implementation of electronic communications like e-government, electronic studies, medicine and other forms of electronic relationships provide background for treating electronic evidences as equal to common evidences.