Archive

Abstract. European elections in 2012 could bode significant change across the continent. Yet on 6 November 2012, the United States will hold national elections that could have a major impact upon Europe. This article describes the current state of American politics and what the 2012 elections signal for that country’s future. Two claims are made. First, regardless of the election results, there will be significant continuity in American foreign policy, but different election scenarios could produce important changes in domestic policy that have international consequences. Second, regardless of the election, the United States faces certain long term challenges that will impact it internationally.

Abstract. The article discusses the fact that one of the most important problems in the contradictory democracy creation process is finding ways to reinforce the participation of society members in democratic processes that take place in municipalities. With the decrease of citizen participation in one of the main democracy consolidation measures— in elections—a serious problem arises not only in government legitimization, but also in democracy and citizenship of society itself. The use of other forms of citizen participation in municipalities can and must compensate the deficit of democracy in the country.
The problem lies in the perception of democracy, and the perception will improve if we see democracy functioning in a specific sphere of public life or activity, in this case—in municipalities.
The aim of the article is to assess how certain instruments function in Lithuanian municipalities based on the latest trends of democracy expression in democratic countries. The object is the local instruments of democracy in municipalities. For this aim and this object the following research methods were used: analysis of scientific literature and empiricalexperimentalresearch. The article is relevant for scientists who will be able to discuss theproposed insights and for practitioners, first of all, municipality politicians, employees of administrations, and active citizens who will be able to develop local democracy more systematically based on given theoretical insights and data from the empirical research. The theoretical part of this article is based on the insights of British professor Colin Crouch. Crouch analyses data from research of Local Democracy 2009 performed by scientists from Mykolas Romeris University and Kaunas University of Technology that reveal certain trends of local democracy in Lithuanian municipalities.
We can draw the conclusion that in Lithuania, which parted with totalitarianism only two decades ago, the wish of the political elite to identify with democracy processes that take place in the old democratic countries is noticeable, therefore, talks about democracy are a prevalent, but not an instrumental approach, i.e., discussions about important actions that would lead to the increase of democracy. Consequently, the gap between ordinary citizen and political elite attitudes towards democracy is increasing.
The research revealed that a considerable part of the heads of Lithuanian municipalities is not prone to verifying the functioning of instruments of democracy with the use of research.
The answers of participants in the research Local Democracy 2009 demonstrate that they do not tend to idealize local democratic processes that take place in municipalities, and the fact that opinions of three expert groups on almost all main issues of local democracy functioning in municipalities are different shows a lack of systemic work in the development of local instruments of democracy in municipalities.

Abstract. The article discusses the formation of the first political organizations and creation of the first political parties in Lithuania. It focuses on the illegal social movements, political organizations and their legalization processes. The author examines the main feature of regulation of political parties at the beginning of the 20th century, the way and legal procedures of establishing political parties, the formations of political parties, their genesis, development and legal regulation.
The article begins with the review of the socio-political processes that took place during the 19th century. It discusses political resurgence, the role of newspapers (“Aušra,” “Varpas,” “Apžvalga,” “Šviesa,” “Ūkininkas,” “Tėvynės Sargas,” “Lietuvos balsas,” “Naujoji gadynė” etc.) and organizations (e.g. “Lietuvos mylėtojų”) in the recovery of independence. Furthermore, the author analyzes the first legal regulation in political parties of the different periods of Lithuania in 1919–1905. It compares the period of the occupation of the Russian Empire and the period of early independence of the Republic of Lithuania. The article discusses the reforms of Russian government, including granting the freedoms of speech and assembly and the legalization of political parties. It takes notes of comparison the existing legal regulation of these different periods of the statehood of Lithuania.
It should be noted that the political aspect of the party system in Lithuania has received a lot of attention but the historical—legal aspect has been examined quite superficially of the clerisy of Lithuania. Separate authors highlight one or another historical period of Lithuania’s statehood. Most relevant to the subject of the research were studies conducted by E. Šileikis (“Politinių partijų instucionalizavimas”, 1997), where he analyzed the development of the political parties from the ancient Greece to the present day. Moreover, he presents the historical development of regulation of political parties in Lithuania, and outlines more extensively the significance of modern political parties. The second important research was made by professor M. Romeris. His study of Lithuanian national rebirth and the emergence of political movements is called “Lietuva”. It describes the transformations of the first Lithuanian political parties. In addition, the development of political party system, political organizations in Lithuania are examined in light of democratization after occupation of the Russian Empire.
The article considers the development of the regulation of the party system and studies the practical problems of legal and factual mismatch trials. In order to carry out a comprehensive scientific study the article reviews the existing de jure legal framework and the consequent de facto reality.
In conclusion, the research proves not only that there were some differences between the existing legal framework and de facto reality in the period of the occupation of the Russian Empire. Also, the article defines the requirements to the general principal of regulation of political parties and determines correspondence of existing legal regulation to basic democratic standards.

Abstract. The Jagiellonian idea could be analyzed as an analytical category possessing cultural and spatial meaning: on the one hand, as the territories ruled by the Jagiellon dynasty until the 16th century and the state habitat of the Republic of Two Nations until the end of the 18th century; on the other hand as unique historical multinational structure in Europe. This article seeks to relate the Jagiellonian idea with the 20th century Polish geopolitical thought and to demonstrate how the concept of the Jagiellonian idea itself and its interpretations in Polish memory emerged, as well as to show what influence it had on the construction of the 20th century Polish geopolitical concepts and whether the aforementioned concepts had any place in Lithuania. In order to achieve these objectives, the article analyzes the direction of Polish federalist geopolitical thought which is most likely related to the practical and written heritage of a politician Jozef Pilsudski, a historian Oskar Halecki, an editor Jerzy Giedroyc and, partially, of the inter-war period Vilnius Polish publicists. This area of the analysis has been determined by the belief that the Jagiellonian idea, as a rethinking of historical memory and space, is a significant object of interdisciplinary research dedicated to the creation of the argumentation of the cultural meaning of national geographical space in Europe as well as to the analysis of the European regional geopolitical importance of sovereign states created at the end of the 20th century on the previous territory of the Republic of Two Nations.
The authors and proponents of the Jagiellonian idea characterized the space of the Republic of Two Nations as a civilization space of Western Europe. However, the practical implementation of the idea until the division of the Republic of Two Nations and in the 20th century had its own gaps and even painful long-term consequences, having conditioned the gap from the aforementioned civilization space. O. Halecki, who dedicated his research to that idea, argued that the collapse of the Republic of Two Nations was conditioned by the factor that the Jagiellonian idea had not been fully realized, as in the 16th-17th centuries its third member Russia (present Ukraine) had not been included. J. Pilsudski’s practical federalist project on the realization of the Jagiellonian idea in the inter-war period foresaw the corrections of the conclusions presented in Polish historiography. However, Poland’s war with Bolshevik Russia and the 1921 Treaty of Riga prevented their implementation as they deprived Lithuania of its historical capital Vilnius and parcelled out Ukraine and Belarus, which had just regained their independence. Only as late as after World War II J. Giedroyc, who found himself in emigration, was able to dialectically criticize J. Pilsudski’s previous plans and the Jagiellonian idea itself; therefore, he clearly spoke for the creation of sovereign states of the largest nations: the Ukrainians, Lithuanians and Belarusians, that were part of the Republic of Two Nations. For the Polish it meant the recognition of the claims of civil nationalism of its Eastern neighbours, as only they could return all the states to Western Europe and insure smooth future cooperation under new geopolitical conditions.
Nowadays, thoughts on the Jagiellonian idea have not been completely disrupted in Polish public discourse and obviously they should be significant not only to the Polish, but also equally important to the Ukrainians, Lithuanians and Belarusians in the context of the system of the European Union and European regionalism.

Abstract. In recent years, there has been a proliferation of research on the history of the colonial armies in South Asia. In fact, the very concept of the army underwent a change in the eighteenth century, when the East India Company tried to raise its own army battalions based on fixed wages and other financial entitlements. The Company’s troops were no longer under the intermediary military-landed elites, as was in the Mughal period, but were placed under the direct command of European professionals, with a greater deal of expertise in modern war science. The Madras Army, for a fairly long period of time was blessed with encomiums on the part of the colonial bosses for being loyal servants of the company’s administration in South India. However, it would be argued that despite retaining its docility, the Madras army revolted on many occasions in the eighteenth century, which reached a point of fruition during the Vellore Mutiny of 1805–1806. The differences in wages, social prestige, race and religion might have accentuated the acts of rebelliousness and indiscipline in the army. These stories of local mutinies often do challenge the long standing historical discourse on the Madras army, which was always looked upon as the epitome of a disciplined military tradition in the sub-continent. In this paper, it would be argued, that despite these rebellious outbursts, which were by no means a temporary phenomenon, the Madras Army remained far more loyal as compared to the other presidency armies in the nineteenth century. Possibly, this is vindicated in the behaviour of the Madras Army during the Great Revolt of 1857.

Abstract. In Turkey, the development of a labour movement under relatively independent circumstances was not allowed historically, and supervision via legislation has regulated the union rights within narrow patterns. For this reason, in order to assess the development of the labour movement in Turkey, the essential characteristics of the political culture must be taken into consideration in addition to the objective conditions of the economy and the efforts to be articulated to international capitalism. Yet, the regulations in force are far behind the international norms which, in fact, do not threaten global capitalism. Constitutional regulations neglect the political function of trade unions and restrict the right to establish trade unions by a series of abstract security concerns. Public officials are excluded from the right to strike and the strikes are limited by the conflict of interests. Furthermore, the Government authority on strike postponement is reduced to a ban on strikes by means of mandatory arbitration regulations which are under Constitutional guarantee.

Abstract. The subject of our interest is consideration of the issue of sainthood in Georgian hagiographic texts, particularly in the classical specimen of Georgian literature—The Life of St. Gregory of Khandzta from A.D. 951, which manifests four essential components of the hagiographical pattern: 1. Distinctiveness of a saint; 2. Consideration of the saint’s artistic image as a “spiritual hero” (In this case special attention is paid to artistic and aesthetic function of the miracle); 3. The main aspects of ascetic life; 4. The saint’s self-sacrifice, which once more approves the idea of the triumph of good over evil. The juxtaposition of The Life of St. Gregory of Khandzta with Byzantine or Roman hagiographic texts leads one to the conclusion that definite stereotypes of the compositional pattern took shape at the dawn of Christian literature, with the Bible being their source.

Abstract. The paper further analyzes the Act of the Constitutional Court of the Republic of Lithuania which significantly extended the notion of family. It is attempted to show that the Act implies the liberty of family members without any commitment to the society rather than prioritising marital relationship which ensures family stability. Thus, it might endanger the identity of the family and of the nation. The possibilities of transdiciplinary discourse framework, i.e. social synergetics, provide considerable support for the analysis of this idea. The identities of the family and of the nation are ensured by the unity of openness and covertness and a certain “characteristic organizer” which is called operational covertness, determined by mutually dependent genetic and social codes in synergetics. The social code is understood as a cultural environment which was unconsciously assimilated in infancy and childhood, i.e. social information which shapes the individual’s psychological characteristics, understanding of immediate environment and which influences behavioural patterns. The latest research indicates that social and genetic codes are heavily interdependent. The newly introduced notion of a communicative code (language, culture, customs, historical heritage) allows us to relate the family to the nation: both contain the same underlying idea of retaining identity. Taking into consideration Fromm’s insights, the paper argues that the basis of retaining the identities of the family and of the nation is almost the same as ensuring the security of individuals. Security is a power capable of organizing individuals into a family or nation; it determines all forms of family vitality and identity; a family break up is first and foremost associated with the loss of security. It is concluded that in the attempt to ensure the family’s and its members’ security and to retain its identity, it is vital to encourage responsibility within families and the citizen’s responsibility towards society. This must be legitimized by legal acts which ensure security and encourage responsibility. The main reason for this is that the underlying value for an individual, a family or the nation lies not in the unlimited freedom, but rather in the self-contained existence.

Abstract. When Constitutional Court of the Republic of Lithuania in its 28 November 2011 decision of 28 November 2011 admitted that constitutional protection is not limited to a matrimonial family, but covers „another forms of family“, the discussion was triggered: does the Constitution legalize „other forms of family“ and should these „other forms of family“ be deemed as legal ones, or even more, as constitutional categories?
Since the Constitution recognizes family as the basis of the state and of society, the notion of a family should be reserved to covering only those interpersonal relations which are capable to ensure physical continuity of a society and in the same time are legal (i.e. have official public registration). This alone is a sufficient reason to state that relations of persons of the same gender couldn’t be deemed as family in so far as these are non-productive relations in the terms of the continuity of the society. Non-productivity cannot be the basis for continuity of a living society.
For a partnership to be deemed as a family and to have an independent, alongside family legal basis it should preserve some features attributive to a family: it should ensure physical continuity of a society (heterogeneity) and hold formal nature as a legal relationship (the requirement of registration in accordance to procedures established by law). Since a partnership meets these requirements, the meaning of it becomes similar to matrimony not only in its substance, but in its legal form as well. The introduction of the notion of “partnership” would be just another useless multiplication of essences and thus subject to elimination from the legal system in accordance to W. Ockham’s “razor’s principle”.
Though relations of cohabitants are capable to ensure physical continuity of a society, they are not legal relations since they lack external formality, which is necessary for the state and other third parties to recognize the existence of such relations as well as the moment of their actualization, the moment from which the state’s obligation to protect and care for such relations begins. The relations of cohabitants are purely personal; they are not subject to states regulation. The parties of such relations consciously relieve the state of obligation to recognize and protect their relations by renouncing their obligation to register their relations.
The equation of „other forms of family“ to matrimonial family in terms of consequences makes matrimony unnecessary and proclaims “death sentence” for it: if the same legal consequences could be reached by using “other forms of family” why should one use matrimonial family as it is a more complicated device.
Recognition of a family as the basis of the state and of society brings it among fundamental Constitutional notions. Thus its content shall be determined not by interpretations of Constitutional Court, but by the statutory text, which is deliberated by the highest state’s authority institution (Parliament). The statutory text is some kind of guarantee that the Constitutional Court will not put itself above the Constitution and will not make interpretation of the Constitution into the creation of the Constitution. The imperative “the powers of authority are limited by the Constitution” (including the powers of the Constitutional Court) is fulfilled only if fundamental constitutional notions are described by a more or less clear text and are subject to the principle of this text’s priority. In contrary, it would lead to the situation, where all authority institutions are bound, except the Constitutional Court. In the USA it is called “Judicial Dictatorship”, “Judicial Usurpation”, in Europe – the shifting of right to rule from parliament to judiciary.

Abstract. The aim of this article is to analyse and to compare the present situation of women in Azerbaijan and Lithuania in the most important spheres of societal life: politics, education, and labour market. The article reviews legal means, ensuring gender equality de jure, statistical data and societal attitudes’ surveys. The choice of countries is based on a few criteria: 1) joint experience of the Soviet era and the levelling impact of Soviet policy, ideology; 2) the same duration of the transition period which is characterised by the same peculiarities: shift from a totalitarian system to democratic regime, from centralized to market economy, from strictly regulated norms of freedom to consolidation of human rights (including gender equality); 3) the same meaning of gender equality as an inseparable part of human rights; 4) ten years of both countries actively cooperating in politics, economics, education, which, hopefully, will have a positive impact on embodying gender equality policy in Azerbaijan. However, it should be mentioned, that all countries of the post-soviet bloc have social, economic, cultural, religious differences, therefore one cannot eliminate the influence of cultural traditions and norms for the status of women in the two countries.
The results of the research show that political participation of women in both analysed countries is relatively low due to social attitudes and difficulties experienced in reconciling political activities with family life and lack of education. Participation of women in the labour market in both countries is characterised by high level of employment and deep horizontal professional segregation. The high level of employment of women is partially related to the necessity determined by the economical situation to contribute to the family’s maintenance. Though, for Lithuanian women jobs are also a sphere of self-realization, but the family is a smaller obstacle for participation in the labour market and for making a professional career. In Lithuania professional segregation is much lower. The article comes to the conclusion that existing differences of the status of gender in both countries are related to the influence of patriarchal attitudes, still prevailing gender role stereotypes and practical problems of reconciling work and family life. The better status of Lithuanian women in all the analysed spheres, first of all, is related to the weaker expression of the above-mentioned attitudes and stereotypes. The investigation shows that the main obstacles which impede implementation of gender equality in practice lie in Islamic cultural traditions, which are more favourable for the prevalence of patriarchal attitudes. In order to improve the status of women, it is suggested that more attention be given to education on gender equality and to special means applied at the national level, inducing equal opportunities for both genders.

Abstract. The innovation capacities of the European Union are seriously lagging behind the United States and Japan, and the gap is felt to this day. The desire to encourage innovation in the European Union has led to new approaches. Lisbon meeting of European leaders in 2000 agreed on a process that should strengthen competitiveness and growth of the Union. Inspired by the ideas of the innovation systems they set out to create a Europe of Knowledge 2010. This goal encompassed higher education because it combines research, education and innovation, which form foundations of competiveness. However, the goal was not achieved. Among the reasons for failing to fulfil the goal was the lack of involvement of higher education in the innovation processes. Little research has been done of the interaction between higher education and national innovation systems. The absence of research of this interaction can be explained by the deviancy of legitimate theoretical constructions. The main aim of the article is to explore the theoretical basis of interaction between higher education and national innovation systems.
Research regarding the involvement of higher education institutions, universities in particular, in the innovation processes, dates back to the late 20th century. Gibbons and his colleagues analyze the involvement of universities in innovation-based economy through the approach of knowledge creation and dissemination. Etzkowitz and Leydesdorff interpret changes of universities through the prism of institutional interaction. These theories explain how higher education emerges in a national innovation system and interact with other players.
The concept of a national innovation system was invented by Bengt-Åke Lundvall and Chris Freeman. Unfortunately, this concept is characterized by the loosely based theoretical designs, which cannot be easily empirically justified because such broad concepts leave much room for interpretations. Furthermore, the explanations of this concept include elements (e.g. knowledge, network connections) that cannot be well operationalised statistically.
Developments in the university world context (e.g. globalization and shift in the economy towards innovation-based business) has led to the creation of a new market or entrepreneurial university, which is increasingly starting to copy private-sector business practices and principles. The entrepreneurial university is characterized by a closer cooperation with the business sector, by a larger responsibility for attracting external sources of income and by managerial ethics in the institutional management. These changes replaced the traditional activities of the university that were based on subject delivery. The paradigm is mainly oriented towards the economy and the ideological basis of globalization and in direct conflict with the social mission of higher education and its contribution to the common good, to social renewal and to fundamental development.

Abstract. This article theoretically analyses via scholarly literature the consequences of how the networked technology, the Internet is conceptualised. The Internet, as argued here, can be understood in many ways, in the sense that the digital environment is very much dependant on metaphors and conceptual loans to be spoken and thought of. This affects our behaviour and social norms and forms a number of legal challenges emerging in the transition from pre-digitalisation to digitalisation. The objective of the article is to understand digitalisation and social change better, including legal dilemmas, from a conceptual metaphor perspective; hence the article is looking for conceptions “in the code”. In order to do this, three main topics around which the analysis circles, are chosen: 1) conceptions of the Internet and how metaphors control what we think of it; 2) the role of digital technology in creating a gap between law and social norms: the example of copyright; and, 3) legal conceptions of creativity challenged in a digital context. This means that the article opens a multidisciplinary dialogue between the cognitive theory and the sociology of law, which here, for example, relates to studies in culture and technology, in order to speak of legal and social issues related to digitalisation.

Abstract. Teaching ESP (English for Specific Purposes) or professional language is essential at the university level. It focuses on the language largely specific to a subject and contains context-bound items used by learners in the classroom to express and understand curricular concepts. However, researchers continue to provide evidence showing that eventually productive language skills (speaking and writing) and comprehension skills (reading and listening) are not all mastered equally in ESP classroom. Sometimes students may not have enough chances to initiate a conversation in the classroom setting. A cooperative approach might seem to be the solution that enables enhancement of interaction and communication. Interaction in the classroom influences academic, cognitive and social development of students. Participation in group discussion provides students with opportunities to use content based language in a meaningful context. Through discussion and negotiation they have a chance to paraphrase and explain the key concepts which aid in their learning. Students also relate the newly received information with acquired information. Group discussions enhance the cognition processes through thought provoking and challenging exchange of ideas. Students have to react immediately, shape ideas in their cognition processes. In addition, group work helps to increase motivation while creating real life situations where opinions are shared and shaped. In the process of group dynamics students focus on peer interaction, learning social skills (active listening, giving opinions, encouragement, etc.) which shapes their interaction with the teacher as well. To sum up, teachers can improve students’ competences immensely in ESP classroom by implementing cooperative learning.

Abstract. In the legal systems of different countries, the phenomenon of contract and the application of legal regulation technique based on it in administrative law manifested itself in different forms, one of which is the institute of administrative contracts. In the comparative administrative law jurisprudence, the formation of this institute is considered to be the result of the closeness (conformity) between the classical administrative act and the private (civil) contract. This means that the legal nature of the administrative contract is twofold: the elements of both the administrative act and the civil contract are of high importance.
It is acknowledged that in the administrative contract there exist essential accents of the private contract. However, on the basis of the experience of comparative administrative law one can make a conclusion that its legal nature should rather be associated with the transformations of the administrative act caused by the incorporation of the attributes of private law regulation into administrative law. It is natural that the formation of the administrative contract as an interdisciplinary legal institute set for the comparative law jurisprudence the task to explain the links between its nature and administrative law.
The comparative administrative law jurisprudence aimed at reaching this objective by demonstrating the elements that are common to the nature of the administrative act and the administrative contract. In the jurisprudence of Western European countries (France, Germany), two main doctrines (trends), in which the abovementioned elements unfolded, were developed. The trend the representatives of which sought to join the administrative act and the civil contract (transaction) under a single notion of a legal act was the first step that allowed logically relating the administrative contract as a type of contract to the administrative act on the basis of the features of the latter common to the acts of private law (transactions). The doctrine of bilateral (multilateral) administrative acts was the next logical step. This doctrine allowed extending the notion of the legal nature of the administrative act, thus attributing the administrative contract as a bilateral (multilateral) act to this category.
In the legal doctrine of Lithuania there exists no clear and well-established tradition regarding the acknowledgement of bilateral (multilateral) administrative acts, though it is possible to notice the prevalence of the tendencies of the German law tradition. However, even the few scientists’ expressed opinions on the issues of the legal nature of administrative acts are divergent. This not only shows insufficient scientific exploration of the problem, but also allows making a conclusion that the traditionally formed generalisation of the unilateralness of the nature of the administrative act does not fully correspond to legal realities and burdens the doctrinal substantiation of the legal nature of the administrative contract.

Abstract. Medical standards are special legal provisions that are supposed to regulate doctor activities in treating a disease or a group of diseases. Lithuania has just started the development of its own system of medical standards. A unique, highly different from the style of medical standards of other countries it is currently under development in Lithuania. Differently from the standards published by the most countries, Lithuanian medical standards come on a short list, several pages long, and bear a strong resemblance to the short lecture notes.
The aim of this paper is to specify the concept of a medical standard, its functions and, in this way, to formulate basic requirements to be met in developing a medical standard. The specification of these requirements provides the criteria for assessment. This, in turn, provides the answer to the key question: to what extent the current Lithuanian standards meet these requirements and if they allow assess the medical standards.
The legal nature of medical standards is reviewed. It has been made manifest that medical standards belong to the administrative legal provisions and possess all their legal features. Moreover, medical standards are part of the specific group of administrative provisions, known as the regulatory regimes. Medical standards share all specific traits of such provisions establishing regimes.
As with other administrative regime-ensuring provisions, medical standards regulate one of the exceptionally important areas of social life – delivery of health care services and, also similarly as other provisions of this importance, they equip strict methods of regulation.
Analysis of the legal nature of the medical standards furnishes their assessment criteria. Medical standards regulate the doctor’s activities in dealing with a medical problem, stress the current medical knowledge on ways to solve the problem. Therefore, medical standards are a translation of the current medical knowledge into the doctor’s actions. This means that a full and exact translation of the current medical knowledge into a system of administrative legal provisions is the basic requirement to the medical standard.
These requirements are specified as four basic criteria to assess a medical standard:
1. Full consideration of the current state of art in medicine, a standard has to be inclusive of all related knowledge.
2. Algorithmic vs. descriptive way to present a standard’s recommendations, a standard has to use all current medical knowledge on the most qualified succession of medical actions.
3. Active vs. passive ways to avoid medical mistakes, a standard is supposed not only to guide what has to be done according to the current medical knowledge but also to warn against what should not be done.
4. Correct and precise borderline between the regulation of a doctor’s activities and medical discretion.
These criteria should provide the basis for the development of a consistent set of criteria for assessment of medical standards, for the reception of the best foreign medical standards, for the enhancement of their feasibility, and for further perfection of a doctor’s liability for the quality of treatment.

Abstract. The article deals with the topical and problematical issues, related to the one of the requirements for a trademark, i.e. trademark use requirement, as the condition for the maintenance of trademark registration. The first part of the article provides analysis of the main provisions anticipated in international European Union and national Lithuanian legal regulation related to the trademark use requirement. First of all, it is important to provide analysis of the relevant date, when the trademark use requirement can be raised, as well as the rules for ascertaining that date. The second part of the article analyses the main rules and problems regarding the consideration of the fact of trademark use, the image of the trademark which is actually used as well as the goods and (or) services for which the trademark is used in practice, from the viewpoint of the trademark use requirement. The article concludes that the trademark use requirement as a condition for the maintenance of the trademark registration and the trademark use requirement from the outlook of genuine use, is concurrent with the evaluation of a trademark as the tool for competition. Namely, all the issues associated with the trademark use must be considered from that (competition) perspective. The article discusses that application of too strict as well as too liberal standards in assessing the trademark registration cancellation because of non-use, this could distort the competitive intercourse and the natural market processes. However, the article makes the distinction that, differently from the evaluation of the fact of a trademark use, considering whether the image of a trademark, which is actually used, could be acknowledged as a trademark (as registered) use, as well as “partial” trademark use (i. e. only for some goods and (or) services) has to be interpreted narrowly. Generally speaking, trademark registration, which is one of the main principles of trademark protection, defines the boundaries of trademark protection (what trademark and for what goods and (or) services is protected). Actually, practically used trademarks, different from those that are just registered, should be an exception rather than a rule. From the viewpoint of the requirement of trademark use, only minimal deviations from the registered image of a trademark could be allowed. This rule has also to be applied in consideration of “partial” trademark use. Generally, non-use of a trademark for some goods and (or) services, indicated in the registration, would have to destine the cancellation of the trademark registration for those goods and (or) services. An exception from that rule can be instances where the goods (services) for which a trademark is practically (actually) used (or non-used) can be attributed to the same category (subcategory) without an exhaustive analysis.

Abstract. The Unfair Commercial Practices Directive (UCPD) seeks to regulate the fairness of business-to-consumer trading practices through reference to a “high level of consumer protection.” As in Lithuania there was no special national legislation, prohibiting unfair commercial practices, infringing economic interests of consumers, an absolutely new regime was brought by the UCPD into the national legal system. The aim of this article is to critically examine the implementation of the UCPD in the Republic of Lithuania, together with highlighting its principal application problems. In order to understand how the UCPD “landed” into the national legal system, in the first part of the article a short overview of regulation available before the transposition of the Directive is provided. The second part of the article deals with analysis of national rules, transposing UCPD. In the third part of the article, relevant case law is analyzed. In conclusion the author notes that Lithuania is not an exception and like other member states faced difficulties when transposing UCPD into the national legal system. Although the growing number of national case law in this field is the best evidence that UCPD and the implementing act are striking developments, influencing the national consumer law, however, the way from core application uncertainties still needs to be found.

Abstract. In this article the author analyses shipper’s liability under the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, known as the Rotterdam Rules.
Today no provision exists in the Hague—Visby Rules in respect to the obligations of the shipper. The Hamburg Rules set out merely the obligations of the shipper in respect to dangerous cargo. In the Rotterdam Rules, instead, the shipper’s obligations are set out in respect to the manner in which goods must be delivered to the carrier, the information, instructions, and documents that must be provided, as well as the information for the compilation of the contract particulars. This, however, does not constitute an additional burden for the shipper, but rather clarifies the nature of the shipper’s obligations. The Rotterdam Rules, therefore, bring clarity in this matter because they indicate precisely the obligations, whose breach entails the liability of the shipper. It is supposed that the legal relationship between carriers and shippers facilitate the free flow of trade in a manner as economically efficient as possible.
The obligation imposed on the shipper is mandatory. Article 79(2) renders void any term that directly or indirectly excludes, limits or increases the obligations and liability of the shipper for breach of any of its obligations under the Rotterdam Rules.
A breach of obligation under the Rotterdam Rules is the prerequisite of the shipper’s liability Art. 30(1). As a matter of fact, the shipper’s general liability is fault-based. The shipper bears strict liability in two situations: damage caused by the dangerous goods in the carrier having not been informed of their dangerous character, or the goods are not properly marked or labelled (Art. 32) and inaccurate information provided for the compilation of transport documents (Art. 31).
The changing dynamics of trade have made the application of the volume contract inevitable and inescapable. The freedom to derogate from the rules in instances of volume contracts is premised on the trade aspect of the contractual relationship between carrier and shipper. No derogation is allowed from those of the liabilities and obligations of the Rules that are the essence of all carriage conventions; and the Rotterdam Rules are no exception.

Abstract. Human trafficking is a dynamic criminal phenomenon. There appear new forms of human exploitation. For example, in recent years the media widely covered cases of child recruitment in such schemes: criminals offered children ostensibly good and well-paid jobs abroad and those who accepted the offer were transported abroad, where the children were exploited via forced begging or criminality (e. g., they were forced into criminal activities such as pick-pocketing or shop-lifting). Accordingly these relatively new forms of exploitation of victims of human trafficking oblige the international community to keep under review the legal regulation of issues such as liability for trafficking in human beings, prevention of trafficking in human beings, and the like.
In recent years, in response to the latest trends in human trafficking, the European Union institutions held intense debate. The result of this debate is the Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, replacing Council Framework Decision 2002/629/JHA, which the European Parliament and the Council adopted on 5 April 2011 (the Directive 2011/36/EU). In light of the fact that the Directive 2011/36/EU has changed the European Union Council Framework Decision 2002/629/JHA of 19 July 2002 on combating trafficking in human beings (the Framework Decision 2002/629/JHA), this article intends to review a new legal regulation of human trafficking, which is laid down in the Directive 2011/36/EU. So the author introduces new rules of law, laid into legal regulation by the Directive 2011/36/EU but were not included in the Framework Decision 2002/629/JHA. First of all, the attention is drawn to the broader concept of human trafficking, which includes additional forms of exploitation. The author takes notice of the stricter European Union criminal policy on criminal repression for human trafficking (e. g. more severe penalties, added to the list of aggravating circumstances). Also, some provisions of preventive nature are introduced, which should lead to greater disclosure of human trafficking crimes. By analysing changes in European Union legal regulation of human trafficking the article is not only presents and compares them to the Framework Decision 2002/629/JHA. Besides, the article contains reasoned criticism of some formulations of provisions of the Directive 2011/36/EU.
The Republic of Lithuania as a member of the European Union is obliged to harmonise national legislation with the acquis communautaire (European Union law). In view of this, the article aims to assess the norm of trafficking in humans laid down in the Criminal Code of the Republic of Lithuania and to determine its compliance with the requirements of the Directive 2011/36/EU. The author provides some suggestions for possible improvements of the norm.

Abstract. The sentencing process is probably the most essential and the most difficult stage of the Criminal Law and the criminal process. To impose a penalty is to add up incomparable and often conflicting purposes of punishment: public protection, offender correction, general and special prevention and others. In this article the author analyzes Lithuania’s Criminal Code Article 54 Paragraph 3, which has recently quite a significant impacted the process of imposing punishment, however, the effect hasn’t been thoroughly examined by scientists. First of all, the author examines the principle of justice (proportionality, equity) or of sometimes called fairness in criminal law doctrine, not leaving behind the concepts of fairness in philosophical discourse. Then the author moves on to the practical aspects of the problem concerning the application of the above Criminal Code Rule in court practice. So this article attempts to formulate the conceptual understanding of the application of the Criminal Code Article 54 Paragraph 3 and to disclose some important and problematic moments which are appear in judicial practice.
It should be noted that the principle of justice is in common use of all branches of law. Moreover, it is the main guide, the general idea, the essence of law, and in imposing sentences it obtains specific characteristics, which determine the need to designate the proper individualized sentence for the offender. Lithuania’s Criminal Code Article 54 Paragraph 3 states that “if the imposed punishment according to the provided sanction is clearly contrary to the principle of fairness, the court, in accordance with the role of punishment, may motivate and impose more lenient punishment.” The latter provision reflects in Criminal Law the new neo-classical doctrine, yet, also brin-gs abstraction to the Criminal Law and the necessity of its interpretation. After the analysis of Criminal Law theory and court practice ,the author concludes that the Criminal Code of the Republic of Lithuania Article 54 Paragraph 3 emphasizes the uniqueness of individual criminal cases related to estimations of the offender and his or her criminal conduct, which are of significantly lower dangerousness, when accordance with the general sentencing rules even minimum sanction still is contrary to the principle of justice so the judge has to impose milder punishment. Also it should be noted that this rule is not the first rule of the sentencing process. It can be referred to as the sentencing exception and the last chance for a just and appropriate sentence.

Abstract. The significance of the role of the victim in criminal procedure is undisputed. For the performance of this role, the victim is given procedural rights. However, the practical use of procedural rights of the victim, effective procedural activity and participation in the criminal procedure is determined by the personal interests of the victim. The article first traces the evolution of theoretical criminal procedure models. Then it focuses on the interests of the victim that are significant in criminal procedure.
The classification of personal (subjective) interests of the victim into procedural and material interests is based on the generalization of the accomplished scientific research without analyzing peculiarities of individual cases. Material interests of the victim comprise moral satisfaction with the process and the decision in the case, and restitution (restoration of the legal status harmed by the crime).
According to the theory of punishment as retribution, it is fair and just to make the offender suffer in proportion to the pain he inflicted on others. Moral satisfaction is the pursuit of the victim in getting retribution for the injustice he suffered. The goal of the punishment inter alia is to express that the harm was inflicted on the victim and thus, to satisfy the sense of justice of the victim.
Restitution is interpreted as the interest of the victim to restore the status quo that existed before the crime was committed against him. Thus, restitution comprises not only of the demand for the reparation of material and non-material damages, but the need for an apology from the offender, actual reconciliation and restoration of a benevolent relationship as well.
Procedural interest of the victim is the interest to participate in the proceedings and to make an impact on the progress of the case. The exercise of procedural rights gives an opportunity for the victim of crime to defend his/her position in the criminal case and to accomplish the function of criminal procedure effectively. Procedural remedies of the protection of material interests can obtain two legal forms—the procedural status of the victim or the procedural status of the private prosecutor.
The concept of participation in criminal procedure can be defined as the possibility to control, the right to have a say and to be listened to, as well as being treated with dignity and respect. The main factor influencing the satisfaction of the victim with the system of criminal justice is not the formal role of the victim in the proceedings, but the level of dignity and respect towards him. The concept of participation in criminal procedure includes the right to receive information as well.

Abstract. Regardless of all efforts to curb criminality, the latter phenomenon remains quite threatening and vital, showing no signs of vanishing. However, the desire to control the spread of criminality requires assessment of not only the extent and trends of the latter, but also the sources feeding this phenomenon. The determining factors of criminality are an aggregate of various social and socially significant events, processes or facts having caused and conditioned criminality. Despite the major part of crimes are determined by the same common factors—unemployment, low education, dipsomania, drug-addiction, etc.—there is also a complex of contributing factors, characteristic to each type of crimes and/or field of human activity. By being undiscovered, these contributors prevent the development of efficient preventative measures. This article is dedicated to the discussion of the main factors influencing insurance criminality.

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Abstract. Dalia Vitkauskaitė-Meurice. Book Review