Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.4
Renata Juzikienė
The paper analyses the problems of legal qualification and practical application of servitude over land for building use. The doubts regarding the suitability of the servitude to resolve disputes between different owners of a plot of land and a building on it are raised. The reasonableness of the differences in the scope and compensation calculation of the servitude over land for use of the building determined on different grounds is analysed. Proposals for solving the problems raised in the article are made, the possibility of legal requalification and the legal consequences of it are analysed.
{"title":"Problems of Legal Qualification and Application of Servitudes over Land for Building Use","authors":"Renata Juzikienė","doi":"10.15388/teise.2023.127.4","DOIUrl":"https://doi.org/10.15388/teise.2023.127.4","url":null,"abstract":"The paper analyses the problems of legal qualification and practical application of servitude over land for building use. The doubts regarding the suitability of the servitude to resolve disputes between different owners of a plot of land and a building on it are raised. The reasonableness of the differences in the scope and compensation calculation of the servitude over land for use of the building determined on different grounds is analysed. Proposals for solving the problems raised in the article are made, the possibility of legal requalification and the legal consequences of it are analysed.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987667","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.8
Dāvids Gurevičs
The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.
{"title":"Victim’s Paradigm in European Union Criminal Law","authors":"Dāvids Gurevičs","doi":"10.15388/teise.2023.127.8","DOIUrl":"https://doi.org/10.15388/teise.2023.127.8","url":null,"abstract":"The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987722","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.9
Pranas Kuconis
The article singles out the stages of the formation of uniform jurisprudence in Lithuania since 1990, analyses the legal regulation establishing the formation of uniform jurisprudence in separate stages, discusses ways of forming uniform jurisprudence.
{"title":"Formation of Uniform Jurisprudence in Lithuania since 1990","authors":"Pranas Kuconis","doi":"10.15388/teise.2023.127.9","DOIUrl":"https://doi.org/10.15388/teise.2023.127.9","url":null,"abstract":"The article singles out the stages of the formation of uniform jurisprudence in Lithuania since 1990, analyses the legal regulation establishing the formation of uniform jurisprudence in separate stages, discusses ways of forming uniform jurisprudence.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987732","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.3
Violeta Cimalanskaitė-Kazlauskienė, G. Valickas
The article analyzes the effect of time pressure on the decision to commit a crime based on a dual-process approach. An experiment was conducted with the participation of 67 at least once convicted adult men. All participants examined fraud scenarios with limited and unlimited time conditions for their evaluation and decided on the consent or refusal of the actor in the vignette to commit the crime. Although the decision that the actor in the situation will commit a crime prevailed regardless of the experimental conditions, the results of this study confirm that time pressure has a significant effect on information processing. Time pressure is associated with the predominance of Type 1 (automatic, intuitive) processes and suppression of Type 2 (rational, analytical) processes, while a longer time is associated with the activation of Type 2 processes and the assessment of the long-term perspective.
{"title":"The Effect of Time Pressure on Criminal Decision-Making","authors":"Violeta Cimalanskaitė-Kazlauskienė, G. Valickas","doi":"10.15388/teise.2023.127.3","DOIUrl":"https://doi.org/10.15388/teise.2023.127.3","url":null,"abstract":"The article analyzes the effect of time pressure on the decision to commit a crime based on a dual-process approach. An experiment was conducted with the participation of 67 at least once convicted adult men. All participants examined fraud scenarios with limited and unlimited time conditions for their evaluation and decided on the consent or refusal of the actor in the vignette to commit the crime. Although the decision that the actor in the situation will commit a crime prevailed regardless of the experimental conditions, the results of this study confirm that time pressure has a significant effect on information processing. Time pressure is associated with the predominance of Type 1 (automatic, intuitive) processes and suppression of Type 2 (rational, analytical) processes, while a longer time is associated with the activation of Type 2 processes and the assessment of the long-term perspective.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.5
Justas Namavičius
This article discusses the 2019 reform of criminal laws, providing for the possibility of releasing persons sentenced to life imprisonment. The legislator, establishing the model of punishment substitution instead of parole, chose a sufficiently strict regulation, and although he declared otherwise, he did not really dare to go beyond punishment as a retribution for extremely serious crimes. In addition to the historical development of life imprisonment and aspects of the theory of punishment, the work also focuses on individual release criteria; at the end, possible directions of reform are briefly defined.
{"title":"Reform of Life Imprisonment in Lithuania","authors":"Justas Namavičius","doi":"10.15388/teise.2023.127.5","DOIUrl":"https://doi.org/10.15388/teise.2023.127.5","url":null,"abstract":"This article discusses the 2019 reform of criminal laws, providing for the possibility of releasing persons sentenced to life imprisonment. The legislator, establishing the model of punishment substitution instead of parole, chose a sufficiently strict regulation, and although he declared otherwise, he did not really dare to go beyond punishment as a retribution for extremely serious crimes. In addition to the historical development of life imprisonment and aspects of the theory of punishment, the work also focuses on individual release criteria; at the end, possible directions of reform are briefly defined.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.1
G. Valickas, Kristina Vanagaitė, Gintaras Švedas
The article analyzes how, during the separate waves (the 1st, 2nd, and the 4th) of the coronavirus pandemic, participants of a study (overall n = 1356) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, the perceived fairness of the behavior of other people during the pandemic, and the changes of their assessments during the coronavirus pandemic. Obtained evidence suggests that during the Covid-19 pandemic (from the 1st to the 4th wave) the participants of the study assessed the non-compliance with restrictions and prohibitions more and more forgivingly.
{"title":"Lay Evaluations of Restraints and Prohibitions During the 1st, 2nd, and 4th Wave of the COVID-19 Pandemic in Lithuania","authors":"G. Valickas, Kristina Vanagaitė, Gintaras Švedas","doi":"10.15388/teise.2023.127.1","DOIUrl":"https://doi.org/10.15388/teise.2023.127.1","url":null,"abstract":"The article analyzes how, during the separate waves (the 1st, 2nd, and the 4th) of the coronavirus pandemic, participants of a study (overall n = 1356) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, the perceived fairness of the behavior of other people during the pandemic, and the changes of their assessments during the coronavirus pandemic. Obtained evidence suggests that during the Covid-19 pandemic (from the 1st to the 4th wave) the participants of the study assessed the non-compliance with restrictions and prohibitions more and more forgivingly.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49369787","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.2
Saulius Lukas Kalėda
With the adoption of two regulations in 2022, the Digital Markets Act (DMA) and the Digital Services Act (DSA), the European Union completed its digital services regulatory reform aimed at laying down horizontal rules applicable to the key providers of information society services, including large online platforms. Based on the legislative history, existing case law and the unfolding legal doctrine, this article examines links between the two legal instruments, key aspects of the new regulatory framework, as well as selected legal issues relating to its future application. All opinions expressed in this article are author’s personal views.
{"title":"New European Union’s Regulatory Framework of the Digital Space: the Digital Markets Act and the Digital Services Act","authors":"Saulius Lukas Kalėda","doi":"10.15388/teise.2023.127.2","DOIUrl":"https://doi.org/10.15388/teise.2023.127.2","url":null,"abstract":"With the adoption of two regulations in 2022, the Digital Markets Act (DMA) and the Digital Services Act (DSA), the European Union completed its digital services regulatory reform aimed at laying down horizontal rules applicable to the key providers of information society services, including large online platforms. Based on the legislative history, existing case law and the unfolding legal doctrine, this article examines links between the two legal instruments, key aspects of the new regulatory framework, as well as selected legal issues relating to its future application. All opinions expressed in this article are author’s personal views.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987617","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.10
Vukian Slavković
The paper presents the essential characteristics of the qualification of murder motivated by a jealousy in modern comparative legislation. Since this topic causes special attention of legal theory, the author has conducted research which has shown that three approaches represent different doctrinal opinions.
{"title":"The Doctrine of Provocation Defence and a Murder Based on Jealousy","authors":"Vukian Slavković","doi":"10.15388/teise.2023.127.10","DOIUrl":"https://doi.org/10.15388/teise.2023.127.10","url":null,"abstract":"The paper presents the essential characteristics of the qualification of murder motivated by a jealousy in modern comparative legislation. Since this topic causes special attention of legal theory, the author has conducted research which has shown that three approaches represent different doctrinal opinions.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48492306","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.7
Agnė Selvestravičiūtė
This paper reviews principal coherence of EU Consumer law and environmental protection as demonstrated through analysis of Consumer Sales Directive. After dichotomy between EU consumer and environmental protection, and EU primary law’s obligation to coordinate these areas is assessed, rules of directive which reflect (or conversely – neglect) environmental protection goal are analysed. It is later argued that directive basically ignores Union’s quest towards sustainability. Although singular rules from directive may indeed be changed hoping it would help to fight ecological problems, taking consumer law’s role in solving ecological challenges seriously means more than fine-tuning several provisions but changing consumer law fundaments’ instead.
{"title":"Consumer Law and Environmental Protection: Consumer Sales Directive 2019/771 Example","authors":"Agnė Selvestravičiūtė","doi":"10.15388/teise.2023.127.7","DOIUrl":"https://doi.org/10.15388/teise.2023.127.7","url":null,"abstract":"This paper reviews principal coherence of EU Consumer law and environmental protection as demonstrated through analysis of Consumer Sales Directive. After dichotomy between EU consumer and environmental protection, and EU primary law’s obligation to coordinate these areas is assessed, rules of directive which reflect (or conversely – neglect) environmental protection goal are analysed. It is later argued that directive basically ignores Union’s quest towards sustainability. Although singular rules from directive may indeed be changed hoping it would help to fight ecological problems, taking consumer law’s role in solving ecological challenges seriously means more than fine-tuning several provisions but changing consumer law fundaments’ instead.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47326457","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-07-13DOI: 10.15388/teise.2023.127.6
Miranda Borusevičiūtė
The paper analyzes the institution of judges – the Lithuanian Judicial Council referred to in Article 112(5) of the Constitution of the Republic of Lithuania. The paper attempts to define this institution by considering various alternatives of interpretation of the Constitution of the Republic of Lithuania and at the same time assessing the interpretation of this document made by the Constitutional Court of the Republic of Lithuania.
{"title":"Definition of the Lithuanian Judicial Council","authors":"Miranda Borusevičiūtė","doi":"10.15388/teise.2023.127.6","DOIUrl":"https://doi.org/10.15388/teise.2023.127.6","url":null,"abstract":"The paper analyzes the institution of judges – the Lithuanian Judicial Council referred to in Article 112(5) of the Constitution of the Republic of Lithuania. The paper attempts to define this institution by considering various alternatives of interpretation of the Constitution of the Republic of Lithuania and at the same time assessing the interpretation of this document made by the Constitutional Court of the Republic of Lithuania.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987711","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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