Pub Date : 2021-12-08DOI: 10.15388/teise.2021.121.5
Audrius Juozapavičius, Erika Leonaitė
The article examines different models relating to procedural aspects of inadmissibility of evidence, identifies the main features and drawbacks of the Lithuanian model, and provides suggestions for its improvement.
{"title":"Procedural Aspects of Admissibility of Evidence in Criminal Proceedings","authors":"Audrius Juozapavičius, Erika Leonaitė","doi":"10.15388/teise.2021.121.5","DOIUrl":"https://doi.org/10.15388/teise.2021.121.5","url":null,"abstract":"The article examines different models relating to procedural aspects of inadmissibility of evidence, identifies the main features and drawbacks of the Lithuanian model, and provides suggestions for its improvement.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48251703","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 : 2021-09-30DOI: 10.15388/teise.2021.120.9
Serhii Kaplin
The constitutional regulation of the status of trade unions in Ukraine has incorporated all international standards and, in comparison with some constitutions of the states of the European Union, contains detailed regulation of this right. The effective functioning of the institution of trade unions can have a significant impact not only on the protection of the social and economic rights of workers in the process of interaction with employers, but also influence the public authorities in order to optimize the implementation of social policy at the national level and reduce social tension.
{"title":"A Comparative Legal Analysis of the Right of Association in Trade Unions in Ukraine and the Countries of the European Union","authors":"Serhii Kaplin","doi":"10.15388/teise.2021.120.9","DOIUrl":"https://doi.org/10.15388/teise.2021.120.9","url":null,"abstract":"The constitutional regulation of the status of trade unions in Ukraine has incorporated all international standards and, in comparison with some constitutions of the states of the European Union, contains detailed regulation of this right. The effective functioning of the institution of trade unions can have a significant impact not only on the protection of the social and economic rights of workers in the process of interaction with employers, but also influence the public authorities in order to optimize the implementation of social policy at the national level and reduce social tension.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987232","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 : 2021-09-30DOI: 10.15388/teise.2021.120.2
Egidija Tamošiūnienė, Vigintas Višinskis, Mykolas Kirkutis, Remigijus Jokubauskas
This article continues the research of peculiarities seen in the insolvency proceedings of legal entities and examines the problems of determination and payment of administrative costs of the bankruptcy proceedings of legal entities. The authors analyze the features of these costs in bankruptcy proceedings and how they can be identified. It also assesses the order in which administrative expenses must be paid in cases where the expenses do not exceed the estimate of administrative expenses, exceed it, or if assets of the legal person are insufficient to reimburse these costs.
{"title":"Problems of Determination and Payment of Bankruptcy Administration Costs","authors":"Egidija Tamošiūnienė, Vigintas Višinskis, Mykolas Kirkutis, Remigijus Jokubauskas","doi":"10.15388/teise.2021.120.2","DOIUrl":"https://doi.org/10.15388/teise.2021.120.2","url":null,"abstract":"This article continues the research of peculiarities seen in the insolvency proceedings of legal entities and examines the problems of determination and payment of administrative costs of the bankruptcy proceedings of legal entities. The authors analyze the features of these costs in bankruptcy proceedings and how they can be identified. It also assesses the order in which administrative expenses must be paid in cases where the expenses do not exceed the estimate of administrative expenses, exceed it, or if assets of the legal person are insufficient to reimburse these costs.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987065","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 : 2021-09-30DOI: 10.15388/teise.2021.120.1
Jevgenij Machovenko
The purpose of this study is to determine the permissibility, necessity and perspective of the amendment of the Constitution of 3 May 1791 after the hypothetical expiry of the first 25 years of its validity, in 1816. The author seeks to identify the alterable part of the Constitution, i.e. those constituent acts and those provisions which have been authorized for amendment after 25 years; to establish the provisions of the Constitution to be amended, i.e. to draw a conclusion from the analysis of the text of the Constitution itself regarding the “problematic” provisions, the correction of which arises from the constitutional regulation itself, the spirit of the Constitution itself, its internal logic.
{"title":"Alterable and Unalterable Parts of the Constitution of 3 May 1791","authors":"Jevgenij Machovenko","doi":"10.15388/teise.2021.120.1","DOIUrl":"https://doi.org/10.15388/teise.2021.120.1","url":null,"abstract":"The purpose of this study is to determine the permissibility, necessity and perspective of the amendment of the Constitution of 3 May 1791 after the hypothetical expiry of the first 25 years of its validity, in 1816. The author seeks to identify the alterable part of the Constitution, i.e. those constituent acts and those provisions which have been authorized for amendment after 25 years; to establish the provisions of the Constitution to be amended, i.e. to draw a conclusion from the analysis of the text of the Constitution itself regarding the “problematic” provisions, the correction of which arises from the constitutional regulation itself, the spirit of the Constitution itself, its internal logic.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986586","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 : 2021-09-30DOI: 10.15388/teise.2021.120.11
Yunus Emre Ay
The recognition and enforcement of annulled foreign arbitral awards in the country of origin under the 1958 New York Convention is subject to doctrinal discussions. A relevant article of the1958 New York Convention become the subject matter of many cases in some large economies. These cases and doctrinal views are very important for other countries that did not host such a case before their national courts. Therefore, the purpose of this paper is to analyse the relevant article of the 1958 New York Convention and compare delocalization and territorial theories.
{"title":"Recognition and Enforcement of Annulled Foreign Arbitral Awards in the Country of Origin under the 1958 New York Convention: the US and French Approaches","authors":"Yunus Emre Ay","doi":"10.15388/teise.2021.120.11","DOIUrl":"https://doi.org/10.15388/teise.2021.120.11","url":null,"abstract":"The recognition and enforcement of annulled foreign arbitral awards in the country of origin under the 1958 New York Convention is subject to doctrinal discussions. A relevant article of the1958 New York Convention become the subject matter of many cases in some large economies. These cases and doctrinal views are very important for other countries that did not host such a case before their national courts. Therefore, the purpose of this paper is to analyse the relevant article of the 1958 New York Convention and compare delocalization and territorial theories.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986655","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 : 2021-09-30DOI: 10.15388/teise.2021.120.7
Laura Šivickaitė-Moldarienė
Definition and regulation of forensic deontological examination are presented in the article. The presumption that the expert becomes scientific judge in cases related to mistakes of physicians is defended basing it on forensic and court practices.
{"title":"Significance of Conclusions of Deontological Forensic Examination in Lithuanian Criminal Procedure","authors":"Laura Šivickaitė-Moldarienė","doi":"10.15388/teise.2021.120.7","DOIUrl":"https://doi.org/10.15388/teise.2021.120.7","url":null,"abstract":"Definition and regulation of forensic deontological examination are presented in the article. The presumption that the expert becomes scientific judge in cases related to mistakes of physicians is defended basing it on forensic and court practices.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48864406","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 : 2021-09-30DOI: 10.15388/teise.2021.120.10
Aleksandra Szaplonczay
The article touches upon the problem of white collar criminality and presents a contemporary view of the phenomenon. The concept of white-collar crime, first introduced by Edwin H. Sutherland in 1939, immediately became the driving force behind the discussion undertaken by criminologists and sociologists of that time. Since then, many studies have been conducted in order to answer the question about who actually is a “white collar” – why do respectable, well-situated individuals decide to enter the path of crime? The author contrasts two types of definitions – the subjective white-collar crime definition developed in Anglo-Saxon culture and objective definition of economic crime functioning in Europe. It is significant that the crime of white collars has never really been systematized in the Polish legal system (and most of European legal systems), in contrast to economic types of crime.The author compares recent literature, presents characteristics of white-collar criminals and comes to the conclusion that in this specific group of criminals the ties between the perpetrator and the community in which they live are very weak. Finally, the article touches on a problem of possible beneficial consequences of attempting to investigate the scale of crimes committed by white collars.
本文探讨了白领犯罪问题，并对这一现象提出了一个当代的看法。1939年埃德温·h·萨瑟兰(Edwin H. Sutherland)首次提出的白领犯罪概念，立即成为当时犯罪学家和社会学家进行讨论的推动力。从那以后，为了回答究竟谁是“白领”这个问题，人们进行了许多研究——为什么受人尊敬、地位优越的人会决定走上犯罪的道路?作者对比了两类定义——盎格鲁-撒克逊文化中形成的主观白领犯罪定义和欧洲经济犯罪的客观定义。值得注意的是，与经济类型的犯罪相比，白领犯罪在波兰的法律体系(以及大多数欧洲法律体系)中从未真正被系统化。作者比较了最近的文献，提出了白领罪犯的特点，并得出结论，在这一特定的犯罪群体中，犯罪者与他们所生活的社区之间的联系非常薄弱。最后，文章触及了试图调查白领犯罪规模可能带来的有益后果的问题。
{"title":"White-Collar Crime: Contemporary View","authors":"Aleksandra Szaplonczay","doi":"10.15388/teise.2021.120.10","DOIUrl":"https://doi.org/10.15388/teise.2021.120.10","url":null,"abstract":"The article touches upon the problem of white collar criminality and presents a contemporary view of the phenomenon. \u0000The concept of white-collar crime, first introduced by Edwin H. Sutherland in 1939, immediately became the driving force behind the discussion undertaken by criminologists and sociologists of that time. Since then, many studies have been conducted in order to answer the question about who actually is a “white collar” – why do respectable, well-situated individuals decide to enter the path of crime? The author contrasts two types of definitions – the subjective white-collar crime definition developed in Anglo-Saxon culture and objective definition of economic crime functioning in Europe. It is significant that the crime of white collars has never really been systematized in the Polish legal system (and most of European legal systems), in contrast to economic types of crime.The author compares recent literature, presents characteristics of white-collar criminals and comes to the conclusion that in this specific group of criminals the ties between the perpetrator and the community in which they live are very weak. \u0000Finally, the article touches on a problem of possible beneficial consequences of attempting to investigate the scale of crimes committed by white collars.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66986603","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 : 2021-09-30DOI: 10.15388/teise.2021.120.8
Dmitry Mikhailovich Demichev
The article examines the features of the constitutional and legal foundations of privatization and denationalization of property in the Republic of Belarus at the present stage.
本文审查了白俄罗斯共和国现阶段财产私有化和非国有化的宪法和法律基础的特点。
{"title":"Constitutional and Legal Basis of Privatization and Denationalization of Property in the Republic of Belarus","authors":"Dmitry Mikhailovich Demichev","doi":"10.15388/teise.2021.120.8","DOIUrl":"https://doi.org/10.15388/teise.2021.120.8","url":null,"abstract":"The article examines the features of the constitutional and legal foundations of privatization and denationalization of property in the Republic of Belarus at the present stage.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987151","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 : 2021-09-30DOI: 10.15388/teise.2021.120.12
Raimonda Kraemer
This article presents the results of a study of findings gathered by a survey of authors from Lithuania, Great Britain, Austria, and Germany. The author seeks to reveal the reasons why attorneys recommend or do not recommend mediation to their clients.
{"title":"Reasons Why Lawyers Recommend or Do Not Recommend Mediation to Their Clients","authors":"Raimonda Kraemer","doi":"10.15388/teise.2021.120.12","DOIUrl":"https://doi.org/10.15388/teise.2021.120.12","url":null,"abstract":"This article presents the results of a study of findings gathered by a survey of authors from Lithuania, Great Britain, Austria, and Germany. The author seeks to reveal the reasons why attorneys recommend or do not recommend mediation to their clients.","PeriodicalId":33051,"journal":{"name":"Teise","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47844813","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 : 2021-09-30DOI: 10.15388/teise.2021.120.4
Milda Markevičiūtė
The aim of this article is to analyse the origins of differentiation of guarantees that are derived from the principle of due process in regulation of administrative sanctions and the problems caused thereof. In order to reach this aim, the following objectives are established: 1) to reveal the regulation of the guarantees that are derived from the principle of due process in administrative sanctions; 2) to evaluate the validity of analysed regulations and its compatibility with applicable law; 3) to analyse the problems caused by the current legal regulation. The object of the analysis is the legal regulation of guarantees that are derived from the principle of due process int the Administrative Violations Code (AVC) and specialised laws. The factors that influenced the differentiation of guarantees that are derived from the principle of due process (or its reduction) in administrative sanctions are evaluated. The analysis revealed that the guarantees that are derived from the principle of due process are defined as lacking particularity and a proper system, incompatible with the Convention and thus inconvenient in situations when a person is charged with administrative violation.
{"title":"The Differentiation of Guarantees that are Derived from the Principle of Due Process in the Application of Administrative Sanctions","authors":"Milda Markevičiūtė","doi":"10.15388/teise.2021.120.4","DOIUrl":"https://doi.org/10.15388/teise.2021.120.4","url":null,"abstract":"The aim of this article is to analyse the origins of differentiation of guarantees that are derived from the principle of due process in regulation of administrative sanctions and the problems caused thereof. In order to reach this aim, the following objectives are established: 1) to reveal the regulation of the guarantees that are derived from the principle of due process in administrative sanctions; 2) to evaluate the validity of analysed regulations and its compatibility with applicable law; 3) to analyse the problems caused by the current legal regulation. The object of the analysis is the legal regulation of guarantees that are derived from the principle of due process int the Administrative Violations Code (AVC) and specialised laws. The factors that influenced the differentiation of guarantees that are derived from the principle of due process (or its reduction) in administrative sanctions are evaluated. The analysis revealed that the guarantees that are derived from the principle of due process are defined as lacking particularity and a proper system, incompatible with the Convention and thus inconvenient in situations when a person is charged with administrative violation.","PeriodicalId":33051,"journal":{"name":"Teise","volume":"116 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66987084","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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