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Institute of Euthanasia: Between a Person’s Right to Life and the Right to a Dignified Death: Problems and Challenges in the Implementation of Human Rights of Choice in Lithuania 安乐死研究所:在一个人的生命权与体面死亡权之间:立陶宛在落实选择人权方面的问题与挑战
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-31-36
Olegas Beriozovas, Goda Avižienė
Abstract The title of the scientific article is the problem of euthanasia as a possibility for the implementation of natural human rights in Lithuania and foreign countries. The purpose of this paper is to analyze the relationship between the individual’s right to life and the prohibition of torture in the implementation of euthanasia as one of the natural human rights in Lithuania and foreign countries. This work has theological and comparative methods. The theological method, which leads to the first part of the work, analyzing international and national legal acts regulating natural human rights. The comparative method compares the legal regulations and social differences between countries that have legalized and those that have not legalized euthanasia. The main conclusion of the article - the legalization of euthanasia is one of the possibilities to implement the prohibition of torture in the context of natural human rights. The practical significance of this scientific article is particularly important for states that have not legalized euthanasia, because the main conclusion of this article is proving the obligation of states to legalize euthanasia in order to provide suitable conditions for the realization of natural human rights. The originality of this scientific article is based on the fact that the compatibility of euthanasia in the context of human rights and freedoms and the equating of the illegalization of euthanasia to torture at the national and international level have not been analyzed in any scientific articles. The value of the article is proven by the fact that the authors used only the latest scientific editions of national and international legal acts and the latest and most comprehensive literature.
摘要 这篇科学论文的题目是安乐死问题作为在立陶宛和外国实施自然人权的一种可能性。本文旨在分析在立陶宛和外国实施作为自然人权之一的安乐死时,个人生命权与禁止酷刑之间的关系。这项工作采用了神学方法和比较方法。神学方法引出了著作的第一部分,即分析规范自然人权的国际和国内法律文书。比较法比较了安乐死合法化国家和非合法化国家的法律规定和社会差异。文章的主要结论--安乐死合法化是在自然人权背景下实施禁止酷刑的可能性之一。这篇科普文章的现实意义对于尚未将安乐死合法化的国家尤为重要,因为文章的主要结论证明了国家有义务将安乐死合法化,以便为实现自然人权提供合适的条件。这篇科学文章的独创性在于,安乐死与人权和自由的兼容性,以及在国家和国际层面将安乐死非法化等同于酷刑的问题,在任何科学文章中都没有进行过分析。这篇文章的价值体现在作者只使用了国家和国际法案的最新科学版本以及最新和最全面的文献。
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引用次数: 0
The Feasibility of Achieving Objectives of the Euro 7 Standards in the Baltic Countries 波罗的海国家实现欧 7 标准目标的可行性
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-129-143
Kristine Mihailova
Abstract Today, the concept of sustainability covers an increasing number of business areas. The transport sector is one of the largest contributors to air pollution in the world today but still plays a fundamental role in Europe’s economic growth. Finding the optimum balance between achieving sustainability objectives and boosting the performance of the transport sector is essential to avoid undermining Europe’s economic activity and growth prospects. One of the main tools for promoting environmental, social and economic sustainability is the EURO 7 standards, which have the most significant impact on the transport sector, and which aim to minimise carbon emissions by phasing out the production of combustion-engined cars by 2035, set stricter emission standards and introduce various emission control mechanisms. Each EU country has ambitious carbon minimisation goals. However, the current vehicle fleet structure analysis of the EU countries shows negative past and future trends in terms of sustainability factors. The goal of the study is to evaluate the feasibility of achieving the carbon minimisation objectives of the EURO 7 standards in the Baltic countries within the timeframe set. In order to achieve this goal, the structure of the Baltic countries vehicle fleets was analysed in terms of sustainability parameters and the transport sector expert forecasts of achieving the carbon minimisation objectives of the EURO 7 standards in the Baltic countries were collected.
摘要 如今,可持续发展的概念涵盖了越来越多的商业领域。交通运输业是当今世界空气污染的最大贡献者之一,但在欧洲经济增长中仍发挥着重要作用。要避免破坏欧洲的经济活动和增长前景,就必须在实现可持续发展目标和提高运输业绩效之间找到最佳平衡点。促进环境、社会和经济可持续发展的主要工具之一是欧 7 标准,该标准对运输部门的影响最为显著,旨在通过在 2035 年前逐步淘汰内燃机汽车的生产、制定更严格的排放标准和引入各种排放控制机制,最大限度地减少碳排放。每个欧盟国家都有雄心勃勃的碳减排目标。然而,目前欧盟国家的车队结构分析表明,在可持续发展因素方面,过去和未来的趋势都是负面的。本研究的目标是评估波罗的海国家在规定时间内实现 EURO 7 标准碳最小化目标的可行性。为了实现这一目标,研究人员从可持续性参数的角度分析了波罗的海国家车队的结构,并收集了运输部门专家对波罗的海国家实现 EURO 7 标准碳最小化目标的预测。
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引用次数: 0
Structuring of Special Purpose Vehicle (SPV) Within the Scope of Public-Private Partnerships (PPPs) Under Latvian and Turkish Law 在拉脱维亚和土耳其法律规定的公私合作伙伴关系 (PPP) 范围内构建特殊目的载体 (SPV)
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-16-30
Nikolajs Ozoliņš, Nesrin Akin
Abstract The establishment of a specific project company most commonly known as a Special Purpose/Project Vehicle (SPV) is a key feature of most Public private partnership (PPP) transactions in Turkey. According to the competent authority, the SPV is considered to fall under the definition of a Securitisation Special Purpose Vehicle (SSPE) then it should not be considered a financial sector entity. In order to meet the increasing infrastructure needs of Turkey, it is generally accepted necessary to utilise alternative financing models to be provided with the participation of the private sector in addition to the use of public resources. In this framework, PPPs model, which has been widely used in realisation of infrastructure investments in developed and developing countries in recent years, is also applied in Turkey. SPV PPP risks, income and losses usually are shared in proportion to the shares of a public partner and a private partner that they have in a joint venture. However capital companies also bid for the tender opened by the contracting public authority according to the relevant laws. If the tender is awarded to a business partnership or a capital company according to the relevant law, the documents regarding the establishment of the special purpose vehicle shall be requested. Generally, the SPV structured as a joint stock company. SPV is a feasible and an effective option for the lenders and financiers, who take into account the cash flow of the project and security over its assets for the repayments of the debts.
摘要 在土耳其,成立一家特定的项目公司,通常被称为特殊目的/项目载体(SPV),这是大多数公私合作伙伴关系(PPP)交易的主要特征。根据主管当局的规定,SPV 属于证券化特殊目的载体 (SSPE) 的范畴,因此不应被视为金融部门实体。为了满足土耳其日益增长的基础设施需求,人们普遍认为,除了利用公共资源之外,还必须利用私营部门参与的其他融资模式。在此框架下,近年来在发达国家和发展中国家广泛用于实现基础设施投资的公私伙伴关系模式也被应用于土耳其。SPV 公私伙伴关系的风险、收入和损失通常按照公共合作伙伴和私人合作伙伴在合资企业中的股份比例分担。不过,资本公司也可根据相关法律参加公共承包机构的投标。如果根据相关法律,投标被授予商业合伙企业或资本公司,则应要求提供有关成立特殊目的载体的文件。一般情况下,SPV 结构为股份公司。对于贷款人和融资人来说,SPV 是一种可行且有效的选择,因为他们会考虑到项目的现金流以及偿还债务的资产担保。
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引用次数: 0
The Problems of In-House Procurement in Lithuanian Public Procurement 立陶宛公共采购中的内部采购问题
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-59-68
Sigita Šimbelytė
Abstract Although the in-house procurement, as an exception to public procurement process, have existed in Lithuanian law for more than a decade and the European Union has expressed a clear positive position on the issue by legalize it in international level with Directive 2014/24/EU, but this legal institute still is not analysed enough in scientific level in order to evaluate its situation and problems in Lithuanian public procurement law. Especially, when in order to find the most optimal legislative regulation of the in-house procurement, the Lithuanian legislator has changed this legal institute many times and in many ways without its clear decision as to how the issue should be regulated in statutory regulation. Therefore, the object of the research is the legal institute of the in-house procurement in Lithuanian public procurement law and the aim of the research is to analyse the peculiarities and problems of this legal regulation and its application in legal practice. The article uses basic research methods such as document analysis, systematic analysis, comparative analysis, the deduction analysis and generalization methods. The analysis of this article shows main problems of this legal institute of Lithuanian public procurement law seen clearly in legal regulation and practice require as well as provide the certain solutions for necessary substantial adjustment of existing legal regulation on this question.
摘要 尽管内部采购作为公共采购程序的例外,在立陶宛法律中已存在了十多年,欧盟也通过第2014/24/EU号指令在国际层面将其合法化,对这一问题表达了明确的积极立场,但对这一法律制度仍然没有进行足够的科学分析,以评估其在立陶宛公共采购法中的情况和问题。特别是,为了找到内部采购的最佳立法规范,立陶宛立法者曾多次以多种方式对这一法律制度进行修改,却没有明确决定如何在法规中对这一问题进行规范。因此,本文的研究对象是立陶宛公共采购法中的内部采购法律制度,研究目的是分析这一法律规定的特殊性和问题,以及在法律实践中的应用。文章采用了基本的研究方法,如文件分析法、系统分析法、比较分析法、演绎分析法和概括法。本文的分析表明了立陶宛公共采购法这一法律制度存在的主要问题,这些问题在法律规定和实践要求中都有明确的体现,同时也为对现有的相关法律规定进行必要的实质性调整提供了一定的解决方案。
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引用次数: 0
Challenges for Latvian Apartment Building Management Companies Regarding with Performance of their Services on the Way to Maintain Sustainable Housing Fund 拉脱维亚公寓楼管理公司在维护可持续住房基金的过程中在服务绩效方面面临的挑战
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-49-58
Dace Šakena, R. Zvirgzdiņa
Abstract The legislation of the Republic of Latvia in the field of apartment building management are not enough effective both for apartment owners and apartment building management companies due to complicated decision-making procedure, which slows down the management process, and as consequences are clients‘ unsatisfaction with apartment management service. Within this research authors studied theoretical aspects of service quality, studied apartment building management system in Latvia and compared it with Finland. Finland was chosen due it is located geographically close to Latvia, and Latvia is closer to the Scandinavian culture and lifestyle. Authors made survey of apartment building owners and made interview with expert to find out the current problems of apartment building management services. A monographic and descriptive method was used to analyze the theoretical aspects of service quality, secondary data analysis and expert interview were used to describe the situation of industry of apartment building management services, but quantitative research method such as survey of the clients of the apartment building owners, in connection with the comparative, analytical, deductive, logical approach method was used in this research.
摘要 拉脱维亚共和国在公寓楼管理领域的立法对公寓业主和公寓楼管理公司来说都不够有效,原因是复杂的决策程序拖慢了管理进程,导致客户对公寓管理服务不满意。在这项研究中,作者研究了服务质量的理论方面,研究了拉脱维亚的公寓楼管理系统,并与芬兰进行了比较。之所以选择芬兰,是因为芬兰在地理位置上靠近拉脱维亚,而拉脱维亚更接近斯堪的纳维亚文化和生活方式。作者对公寓楼业主进行了调查,并对专家进行了访谈,以了解公寓楼管理服务目前存在的问题。本研究采用专题描述法对服务质量的理论方面进行分析,采用二手数据分析和专家访谈对公寓楼管理服务行业的情况进行描述,但采用了定量研究方法,如对公寓楼业主的客户进行调查,并结合比较、分析、演绎和逻辑方法进行研究。
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引用次数: 0
The Future Role of International Trade Risk Elimination and Investment Promotion in the Development of Economic Relations Between Azerbaijan and Latvia 消除国际贸易风险和促进投资在阿塞拜疆与拉脱维亚经济关系发展中的未来作用
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-69-79
A. Huseynov
Abstract After regaining its state independence, Azerbaijan got a favorable opportunity to enter the world market. The income from the country’s rich oil and gas resources served to rapidly increase the gross domestic product. Today, the government of Azerbaijan is preparing an action plan for the development of the non-oil sector in order to reduce the country’s dependence on oil and gas exports. In particular, there are some economic spheres that have a great need to be revived and have the main share in budget revenues. Although Azerbaijan has left behind most of its competitors in the viticulture and winemaking sector for many years, in the current conditions this sector relies on foreign investments for its development. Although tourism opportunities in Azerbaijan are very wide, the level of service in hotels and recreation centers is very low. Expensive prices in return for the level of service provided have a negative impact on the growth of Azerbaijan’s tourism revenues. Unfortunately, there are also serious problems in the development of the forestry and machine-building industries and wheat production in the country. Latvia has already specialized and has some experience in exporting in the listed economic sectors in Eastern Europe. The entry of Latvian investment into Azerbaijan will serve to strengthen economic relations between the two countries and maximize mutual income. In the research work, these issues will be considered and analyzed separately by economic spheres.
摘要 阿塞拜疆重新获得国家独立后,获得了进入世界市场的有利时机。该国丰富的石油和天然气资源带来的收入迅速增加了国内生产总值。如今,阿塞拜疆政府正在制定非石油部门发展行动计划,以减少国家对石油和天然气出口的依赖。特别是一些亟待振兴且在预算收入中占主要份额的经济领域。虽然阿塞拜疆在葡萄栽培和葡萄酒酿造领域多年来一直落后于大多数竞争对手,但在当前条件下,该领域的发展依赖于外国投资。虽然阿塞拜疆的旅游机会非常多,但酒店和娱乐中心的服务水平却很低。以昂贵的价格换取的服务水平对阿塞拜疆旅游业收入的增长产生了负面影响。遗憾的是,该国林业、机械制造业和小麦生产的发展也存在严重问题。拉脱维亚已经在东欧所列的经济部门中实现了专业化,并拥有一定的出口经验。拉脱维亚对阿塞拜疆的投资将有助于加强两国之间的经济关系,最大限度地增加共同收入。在研究工作中,将按经济领域分别考虑和分析这些问题。
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引用次数: 0
The University Education Quality Improvement Model (Ueqimodel): A 21st Century Design for University Education Quality Improvement in Developing Countries. 大学教育质量改进模式(Ueqimodel):发展中国家大学教育质量改进的 21 世纪设计。
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-144-154
Charles N. Ohanyelu
Abstract From every dimension of measurement, education is seen as a pivot on which other facets of national development rotate. It is considerably important to refer to the quality of university education as a paramount indicator for growth and development of nations, including the developing countries. University managers apply diverse strategies to improve the quality of University Education, however, the current state of university education in most developing countries is becoming a source of worry, as major stakeholders globally expect improvement of outcomes in line with the Sustainable Development Goals (SDG’s). This study therefore aims to introduce a standardized guiding principle in the form of an Educational Model that would aid in the reformation of the existing system. The model, named the University Education Quality Improvement Model (UEQIModel) is a modern-era scientifically designed innovation in the field of educational management. It basically identifies the loopholes associated with the existing university management practices as applicable to developing countries and tries to bridge the gap by incorporating necessary tools needed to augment the status quo. The principles of the model are sub-categorized into five steps, which include management practice, activities, expectations, evaluation, and outcome. The paper concludes that UEQIModel should be implemented holistically by universities in developing countries for the restoration of a fast-declining dignity and overall improvement of university education quality.
摘要 从各个衡量维度来看,教育都被视为国家发展其他方面赖以转动的枢纽。大学教育质量作为国家(包括发展中国家)增长和发展的一个重要指标,具有相当重要的意义。大学管理者采用各种策略来提高大学教育质量,然而,大多数发展中国家的大学教育现状却令人担忧,因为全球主要利益相关者都期望按照可持续发展目标(SDG)的要求提高教育成果。因此,本研究旨在以教育模式的形式引入一个标准化的指导原则,以帮助改革现有体系。该模型被命名为大学教育质量改进模型(UEQIModel),是现代教育管理领域的一项科学创新设计。它从根本上找出了适用于发展中国家的现有大学管理实践中存在的漏洞,并试图通过纳入必要的工具来扩大现状,从而缩小差距。该模式的原则被细分为五个步骤,包括管理实践、活动、期望、评估和结果。本文的结论是,发展中国家的大学应全面实施 UEQIM 模式,以恢复快速下降的尊严并全面提高大学教育质量。
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引用次数: 0
Concept of Implementation of Artificial Intelligence for the Prevention of Conflict of Interest Situations in the Public Sector 利用人工智能预防公共部门利益冲突情况的实施构想
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-87-95
Jaroslavs Strelcenoks
Abstract The purpose of the article is to obtain, learn and analyse the international experience on the basic principles of artificial intelligence (AI) implementation in the public sector. In the article, the author examines the problems and offers proposals on the legal foundations that must be provided in the concept of introducing AI for the prevention of conflict of interest situations in the public sector. To achieve the goal, the author relies not only on the findings of other authors and the experience of other countries, but presents his own research. The author’s research is based on a survey of Latvian state and local government officials and employees. The author’s research was conducted but not fully completed at the time of submission of the article. However, in the article, the author has summarized the interim conclusions of the study and presents them. The author believes that the topic of the article and the research presented herein will allow a better understanding of the importance of AI technology, the need to regulate it, as well as ensure the safe implementation of AI in the public sector in the future with the aim of minimizing the risks of corruption and conflicts of interest.
摘要 本文旨在获取、学习和分析关于在公共部门实施人工智能(AI)的基本原则的国际经验。在文章中,作者研究了在公共部门引入人工智能以防止利益冲突情况的概念中必须提供的法律基础方面存在的问题并提出了建议。为了实现这一目标,作者不仅借鉴了其他作者的研究成果和其他国家的经验,还提出了自己的研究成果。作者的研究基于对拉脱维亚国家和地方政府官员及雇员的调查。作者的研究已经开展,但在提交文章时尚未全部完成。不过,作者在文章中总结并提出了研究的临时结论。作者相信,文章的主题和本文介绍的研究将使人们更好地理解人工智能技术的重要性、对其进行监管的必要性,以及确保未来在公共部门安全实施人工智能,从而最大限度地减少腐败和利益冲突的风险。
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引用次数: 0
Strengthening Sustainability in Entrepreneurship Education -Implications for Shifting Entrepreneurial Thinking Towards Sustainability at Universities 加强创业教育的可持续性--大学将创业思维转向可持续性的启示
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-37-48
Ieva Bruksle, Constanze Chwallek, Anzelika Krastina
Abstract By developing innovative solutions to social and environmental problems, sustainable ventures carry great potential. Entrepreneurship which focuses especially on new venture creation can be developed through education and universities, in particular, are called upon to provide an impetus for social change. But social innovations are associated with certain hurdles, which are related to the multi-dimensionality, i.e. the tension between creating social, environmental and economic value and dealing with a multiplicity of stakeholders. The already complex field of entrepreneurship education has to face these challenges. This paper, therefore, aims to identify starting points for the integration of sustainability into entrepreneurship education. To pursue this goal experiences from three different project initiatives between the partner universities: Lapland University of Applied Sciences, FH Aachen University of Applied Sciences and Turiba University are reflected and findings are systematically condensed into recommendations for education on sustainable entrepreneurship.
摘要 通过为社会和环境问题制定创新的解决方案,可持续企业蕴含着巨大的潜力。可以通过教育来培养创业精神,尤其是通过大学来推动社会变革。但是,社会创新会遇到一些障碍,这些障碍与多维性有关,即在创造社会、环境和经济价值以及与多方利益相关者打交道之间的矛盾。本已复杂的创业教育领域必须面对这些挑战。因此,本文旨在确定将可持续性融入创业教育的出发点。为了实现这一目标,我们从三所合作大学的不同项目中汲取了经验:本文反映了拉普兰应用科学大学、亚琛应用科学大学和图里巴大学三个不同项目的经验,并将研究结果系统地归纳为可持续创业教育的建议。
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引用次数: 0
From Bona Fides to Laba Ticība: Historical Interpretation of Good Faith Principle in Latvian Law to Protect Payment Service Consumers’ Rights from De-Banking 从善意到 Laba Ticība:拉脱维亚法律中善意原则的历史解释,以保护支付服务消费者的权利免受去银行化的影响
Pub Date : 2023-09-01 DOI: 10.37804/1691-6077-2023-14-96-111
Aleksejs Jelisejevs
Abstract This paper focuses on a scientific analysis of the genesis and historical development of the good faith principle as a doctrinal interpretation of the Latvian regulations’ governing issues when closing a payment account against a consumer’s will. Starting from the origin of bona fides in archaic Roman law and its rediscovery by Justinian’s Corpus Juris Civilis, passing through its application in the western medieval ius commune and its continental renaissance in the early twentieth century, noting its limited place in the Code of Civil Laws of the Baltic Provinces and paying tribute to its triumph in Latvian Civil Law, this paper focuses on the evolution of attitudes towards this principle in modern legal science and case law. This comparative historical research shows that a clear definition of good faith could be found through a system-historical interpretation of the good faith rule. This should help identify the target essence of subjective rights and duties under each legal rule governing specific legal relationships. Therefore, when de-banking, in view of good faith, the target essence of a bank’s right to withdraw from an account contract is to save justice by respecting the justified consumer’s interest in retaining payment services.
摘要 本文重点对诚信原则的起源和历史发展进行了科学分析,该原则是对拉脱维亚法规中有关违背消费者意愿关闭支付账户问题的理论解释。从善意原则在古罗马法中的起源及其在查士丁尼《民法大全》中的重新发现开始,经过其在西方中世纪公法中的应用及其在二十世纪初在欧洲大陆的复兴,注意到其在《波罗的海各省民法典》中的有限地位,并对其在拉脱维亚民法中的胜利表示敬意,本文重点关注现代法律科学和判例法中对该原则态度的演变。这项历史比较研究表明,通过对诚信规则的系统历史解释,可以找到诚信的明确定义。这应有助于确定规范具体法律关系的各项法律规则下主观权利和义务的目标本质。因此,在去银行化的过程中,从善意的角度来看,银行退出账户合同的权利的目标实质是通过尊重正当消费者保留支付服务的利益来实现正义。
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引用次数: 0
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