Pub Date : 2022-09-28DOI: 10.15388/teise.2022.124.1
N. Bulat
The legal environment of advertising in Ukraine is addressed in the article. The research results are based on the study of legal regulation of relations in the field of advertising and the examination of the legal relations in this field with regard to classical consideration of three elements of legal relations – subjects, objects and content. The author clarifies a classification of legal acts regulating relations in the field of advertising, determines subjects of relations in this field and gives their classification, proposes criteria for a classification of advertising and provides this classification, and describes the content of relations in the field of advertising.
{"title":"The Legal Environment of Advertising in Ukraine","authors":"N. Bulat","doi":"10.15388/teise.2022.124.1","DOIUrl":"https://doi.org/10.15388/teise.2022.124.1","url":null,"abstract":"The legal environment of advertising in Ukraine is addressed in the article. The research results are based on the study of legal regulation of relations in the field of advertising and the examination of the legal relations in this field with regard to classical consideration of three elements of legal relations – subjects, objects and content. The author clarifies a classification of legal acts regulating relations in the field of advertising, determines subjects of relations in this field and gives their classification, proposes criteria for a classification of advertising and provides this classification, and describes the content of relations in the field of advertising.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48941650","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 : 2022-09-28DOI: 10.15388/teise.2022.124.18
Inna Spasibo-Fateeva
The article looks at the possibility of to revise property regulation and property law doctrine. The author identifies the most important factors that may influence the evolution of property law and provides an assessment whether today’s conditions can change the content of property law and whether they are doing it. The article further discusses changes in the objects of property, the model of economic ties, the motivation of owners and the possibilities of implementing property law.
{"title":"Some Views on the Grounds for Rethinking the Doctrine of Ownership","authors":"Inna Spasibo-Fateeva","doi":"10.15388/teise.2022.124.18","DOIUrl":"https://doi.org/10.15388/teise.2022.124.18","url":null,"abstract":"The article looks at the possibility of to revise property regulation and property law doctrine. The author identifies the most important factors that may influence the evolution of property law and provides an assessment whether today’s conditions can change the content of property law and whether they are doing it. The article further discusses changes in the objects of property, the model of economic ties, the motivation of owners and the possibilities of implementing property law.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986814","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 : 2022-07-05DOI: 10.15388/teise.2022.123.6
Artur Doržinkevič
This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures. The author distinguishes measures implementing the principle of proportionality in the context of interim measures according to different criteria: (a) the nature of the issue; (b) the subject carrying out the proportionality assessment; (c) the time (stage) at which the proportionality assessment is carried out. For this study, the author analyzed the case law of both the Lithuanian Court of Appeal and the European Court of Human Rights regarding the proportionality of the restriction of property rights in the context of interim measures.
{"title":"Principle of Proportionality and Classification of Measures Implementing the Principle of Proportionality in the Context of Interim Measures","authors":"Artur Doržinkevič","doi":"10.15388/teise.2022.123.6","DOIUrl":"https://doi.org/10.15388/teise.2022.123.6","url":null,"abstract":"This article analyzes the application of the principle of proportionality in the context of interim measures. The study reveals how and to what extent is the principle of proportionality regulated by law in the application of interim measures. The author distinguishes measures implementing the principle of proportionality in the context of interim measures according to different criteria: (a) the nature of the issue; (b) the subject carrying out the proportionality assessment; (c) the time (stage) at which the proportionality assessment is carried out. For this study, the author analyzed the case law of both the Lithuanian Court of Appeal and the European Court of Human Rights regarding the proportionality of the restriction of property rights in the context of interim measures.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987102","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 : 2022-07-05DOI: 10.15388/teise.2022.123.2
Toma Birmontienė, Jolita Miliuvienė
The aim of this article is to analyse what kind of powers deriving from the rule of law can be extended to public authorities in response to the global COVID-19 pandemic, what is the balance of powers between the legislative and the executive whilst imposing measures controlling the virus, and what role is played by the constitutional courts whilst deliberating on constitutional disputes involving public authorities.
{"title":"Competition of State Powers During the COVID-19 Pandemic","authors":"Toma Birmontienė, Jolita Miliuvienė","doi":"10.15388/teise.2022.123.2","DOIUrl":"https://doi.org/10.15388/teise.2022.123.2","url":null,"abstract":"The aim of this article is to analyse what kind of powers deriving from the rule of law can be extended to public authorities in response to the global COVID-19 pandemic, what is the balance of powers between the legislative and the executive whilst imposing measures controlling the virus, and what role is played by the constitutional courts whilst deliberating on constitutional disputes involving public authorities.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987044","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 : 2022-07-05DOI: 10.15388/teise.2022.123.4
Johanas Baltrimas
The paper is focused on identifying criteria for legal reasoning used by courts in disputes regarding internet intermediary‘s liability for offences committed by someone else. There are cases with this atypical phenomenon when a person, who did not infringe someone else‘s individual rights, is held liable, e. g. liability of an internet platform‘s operator for unlawful comments posted by the visitors. The paper presents an analysis of criteria for legal reasoning which carry potential to be used in the future when new disputes related to technological innovation reach courts.
{"title":"Characteristics of Legal Reasoning in Cases Regarding Liability of Internet Intermediaries","authors":"Johanas Baltrimas","doi":"10.15388/teise.2022.123.4","DOIUrl":"https://doi.org/10.15388/teise.2022.123.4","url":null,"abstract":"The paper is focused on identifying criteria for legal reasoning used by courts in disputes regarding internet intermediary‘s liability for offences committed by someone else. There are cases with this atypical phenomenon when a person, who did not infringe someone else‘s individual rights, is held liable, e. g. liability of an internet platform‘s operator for unlawful comments posted by the visitors. The paper presents an analysis of criteria for legal reasoning which carry potential to be used in the future when new disputes related to technological innovation reach courts.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987051","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 : 2022-07-05DOI: 10.15388/teise.2022.123.11
R. Czachor
Many contemporary European countries have introduced legal instruments that are intended to establish and regulate the legal status of compatriots living abroad. In the Republic of Poland, a relevant act, “On the Card of the Pole,” was adopted in 2007. The following paper sheds a light on various issues regarding the scope of this bill, the subsequent amendments and the main problems of the functioning of this institution.
{"title":"The Card of the Pole: Evolution and Main Problems of Functioning in 2008–2021","authors":"R. Czachor","doi":"10.15388/teise.2022.123.11","DOIUrl":"https://doi.org/10.15388/teise.2022.123.11","url":null,"abstract":"Many contemporary European countries have introduced legal instruments that are intended to establish and regulate the legal status of compatriots living abroad. In the Republic of Poland, a relevant act, “On the Card of the Pole,” was adopted in 2007. The following paper sheds a light on various issues regarding the scope of this bill, the subsequent amendments and the main problems of the functioning of this institution.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987023","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 : 2022-07-05DOI: 10.15388/teise.2022.123.5
Justinas Bagdžius
The article analyzes the legal institutionalization of surety as a social phenomenon as well as the reasons that led to its emergence and formation. The article tries to look at suretyship from a civil and criminal legal point of view in a comparative aspect, trying to form an unrefined concept of suretyship as an institute of criminal law.
{"title":"The Composition of Surety","authors":"Justinas Bagdžius","doi":"10.15388/teise.2022.123.5","DOIUrl":"https://doi.org/10.15388/teise.2022.123.5","url":null,"abstract":"The article analyzes the legal institutionalization of surety as a social phenomenon as well as the reasons that led to its emergence and formation. The article tries to look at suretyship from a civil and criminal legal point of view in a comparative aspect, trying to form an unrefined concept of suretyship as an institute of criminal law.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987063","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 : 2022-07-05DOI: 10.15388/teise.2022.123.10
Angelika Ciżyńska-Pałosz
The main aim of this paper is to present the role of parliament in the process of implementation of European Court of Human Rights (ECHR) judgments in Poland. Firstly, the structure of the Polish parliament and the activity of two parliamentary committees dealing with the issue of the execution of ECHR judgments are presented. Then, the implementation by the Polish parliament of two basic tasks in this area is described: (1) participation in the enactment of laws aimed at removing regulations incompatible with the Convention from domestic law; (2) control of draft laws in terms of compliance with the Convention. Other activities undertaken by the Polish parliament to supervise the execution of judgments of the ECHR issued in cases against Poland are also shown. Finally, the actions taken by the Polish parliament are juxtaposed with the recommendations of the Council of Europe bodies. This allows the development of proposals to modify the Polish model and make it more effective in implementing the recommendations of the Council of Europe.
{"title":"Participation of the Polish Parliament in the Execution of Judgments of the European Court of Human Rights*","authors":"Angelika Ciżyńska-Pałosz","doi":"10.15388/teise.2022.123.10","DOIUrl":"https://doi.org/10.15388/teise.2022.123.10","url":null,"abstract":"The main aim of this paper is to present the role of parliament in the process of implementation of European Court of Human Rights (ECHR) judgments in Poland. Firstly, the structure of the Polish parliament and the activity of two parliamentary committees dealing with the issue of the execution of ECHR judgments are presented. Then, the implementation by the Polish parliament of two basic tasks in this area is described: (1) participation in the enactment of laws aimed at removing regulations incompatible with the Convention from domestic law; (2) control of draft laws in terms of compliance with the Convention. Other activities undertaken by the Polish parliament to supervise the execution of judgments of the ECHR issued in cases against Poland are also shown. Finally, the actions taken by the Polish parliament are juxtaposed with the recommendations of the Council of Europe bodies. This allows the development of proposals to modify the Polish model and make it more effective in implementing the recommendations of the Council of Europe.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"08 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987018","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 : 2022-07-05DOI: 10.15388/teise.2022.123.8
Ugnė Markevičiūtė
{"title":"Determination of the Duration of a Custodial Sentence Imposed by the Court of Another Member State of the European Union by Adapting it to the Criminal Laws of the Republic of Lithuania","authors":"Ugnė Markevičiūtė","doi":"10.15388/teise.2022.123.8","DOIUrl":"https://doi.org/10.15388/teise.2022.123.8","url":null,"abstract":"","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987106","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 : 2022-07-05DOI: 10.15388/teise.2022.123.9
R. Satkauskas
One hundred years ago Lithuania became a member of the League of Nations. The membership was based on the perceived advantages of the international system and the importance of the rule of law to the region. The vision of global peace based on the prohibition of aggression and law enabled Lithuania to establish statehood. Conditions for the recognition of the new member of international community ranged from the requirement of established borders and a democratic government to guarantees regarding commitment to protect national minorities and control armaments. The research confirms that the implementation of these commitments was understood in Lithuania not only as a condition for membership but as an important direct objective. The Lithuanian political elite had no illusions as to the importance of international law in disputes with neighbouring states. A good-willed implementation of the existing rules was certainly the best defense against the political pressure of military superpowers. This research into the geopolitical situation at the end of WWI and the political discourse in the newly independent Lithuania illustrates the importance of the institutionalized system of nations in ensuring world peace and security.
{"title":"A Century in the International Community: International Law and Lithuanian Statehood","authors":"R. Satkauskas","doi":"10.15388/teise.2022.123.9","DOIUrl":"https://doi.org/10.15388/teise.2022.123.9","url":null,"abstract":"One hundred years ago Lithuania became a member of the League of Nations. The membership was based on the perceived advantages of the international system and the importance of the rule of law to the region. The vision of global peace based on the prohibition of aggression and law enabled Lithuania to establish statehood. Conditions for the recognition of the new member of international community ranged from the requirement of established borders and a democratic government to guarantees regarding commitment to protect national minorities and control armaments. The research confirms that the implementation of these commitments was understood in Lithuania not only as a condition for membership but as an important direct objective. The Lithuanian political elite had no illusions as to the importance of international law in disputes with neighbouring states. A good-willed implementation of the existing rules was certainly the best defense against the political pressure of military superpowers. This research into the geopolitical situation at the end of WWI and the political discourse in the newly independent Lithuania illustrates the importance of the institutionalized system of nations in ensuring world peace and security.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987117","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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