Baltic Journal of Law and Politics最新文献_第3页

Label V. Content: The Problem of Non-Recognition of Civil Confiscation Orders in Europe 标签五、内容：欧洲不承认民事没收令的问题

Baltic Journal of Law and Politics Pub Date : 2022-10-01 DOI: 10.2478/bjlp-2022-0003

Skirmantas Bikelis

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引用次数: 1

Digital Transformation of Legal Services and Access to Justice: Challenges and Possibilities 法律服务和诉诸司法的数字化转型:挑战与可能性

Baltic Journal of Law and Politics Pub Date : 2022-10-01 DOI: 10.2478/bjlp-2022-0007

Julija Kirsiene, Darius Amilevicius, Dovilė Stankevičiūtė

引用次数: 0

Problems of the Application of Recourse Against a Person Who Has Caused Damage by Illegal Acts in Criminal Proceedings: The Case of Lithuania 刑事诉讼中对违法行为人追索权的适用问题——以立陶宛为例

Baltic Journal of Law and Politics Pub Date : 2022-10-01 DOI: 10.2478/bjlp-2022-0002

Edita Gruodytė, Marijus Šalčius

{"title":"Problems of the Application of Recourse Against a Person Who Has Caused Damage by Illegal Acts in Criminal Proceedings: The Case of Lithuania","authors":"Edita Gruodytė, Marijus Šalčius","doi":"10.2478/bjlp-2022-0002","DOIUrl":"https://doi.org/10.2478/bjlp-2022-0002","url":null,"abstract":"Abstract The need to compensate for material and moral damage caused to a person is a constitutional principle, which is implemented in Article 6.272 of the Civil Code of the Republic of Lithuania, establishing the non-contractual liability of the State for damage caused by pre-trial investigation officers, a prosecutor, a judge, or a court (hereinafter referred to as the “Officials”). Furthermore, Article 6.272(4) of the Civil Code provides that if the damage is caused by the intentional actions of the Officials, the State shall acquire the right of recourse in accordance with the procedure laid down by law. In Lithuania, the number of cases of compensation for damage caused by unlawful acts of the Officials is increasing, while the recourse procedure has not yet been applied even though 20 years have passed since the above-mentioned rule of the Civil Code came into force. The authors of the article search for the answer why the recourse procedure is not applied in practice by analysing the legal regulation of the regression and the content of intentional fault using theoretical, comparative, linguistic, historical, jurisprudence analysis, and related legal methods.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"15 1","pages":"31 - 53"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44925522","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}

引用次数: 0

Human Rights and Religious Freedoms During the Covid-19 Pandemic in Kosovo 科索沃新冠肺炎大流行期间的人权和宗教自由

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0010

Avdylkader Mucaj, Florent Muqaj

引用次数: 0

Child Right to Privacy and Social Media – Personal Information Oversharing Parents 儿童隐私权与社交媒体——父母过度分享个人信息

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0012

Anna-Maria Iskül, Kristi Joamets

引用次数: 1

You Shall Not Pass: The Strategic Narratives Defining Russia’s Soft Power in Lithuania 《你不能通过:界定俄罗斯在立陶宛软实力的战略叙事》

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0008

Giedrius Česnakas

引用次数: 0

Protection of Human Dignity at the End of Life of the Terminally Ill: Ethical and Legal Considerations about the Law and Policy on Advance Directives in Lithuania 在临终病人生命的尽头保护人的尊严：立陶宛关于预先指示的法律和政策的伦理和法律思考

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0009

Kristina Astromske, E. Peičius

{"title":"Protection of Human Dignity at the End of Life of the Terminally Ill: Ethical and Legal Considerations about the Law and Policy on Advance Directives in Lithuania","authors":"Kristina Astromske, E. Peičius","doi":"10.2478/bjlp-2021-0009","DOIUrl":"https://doi.org/10.2478/bjlp-2021-0009","url":null,"abstract":"Abstract Recently amended legal regulations established the opportunity of application of advance directives for terminally ill patients in Lithuania. Provisionally, advance directives should enhance patient’s rights while making complex end of life decisions, however, implications for legal and moral responsibility to empower a patient’s autonomy are not clearly established yet. The article discusses the legal and ethical justification of implementation of advance directives and, in their absence, the surrogate decision making for the best interests of the patient and the best representation of the patient’s will. The reflections of recent empirical studies indicate the importance of a patient-centered approach that can provide the hints for harmonization of the national legal system, including a supportive decision-making culture, raising public awareness and confidence, more effective professional communication, and broader public involvement into end-of-life deliberations. Analysis of legal and ethical arguments imposes the conclusion that the specific question of respect of dignity in the end of life is not just a problem of health care management or the quality of health care services, but a fundamental challenge of human rights that should be discussed at the policy decision making level. Overall, we assume that application of advance directives should be elaborated in accordance with the case-law of the European Court of Human Rights (ECHR), the ideals of welfare society, and other national laws as well as public interests.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"14 1","pages":"26 - 48"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43491413","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}

引用次数: 0

The Good Faith Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts 以诚信为基础的方法:银行单方面关闭账户时对合同自由保护消费者权利的法律上可接受的干预

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0014

Aleksejs Jelisejevs

{"title":"The Good Faith Based Approach as a Legally Acceptable Intervention in Freedom of Contract to Protect Consumers’ Rights When Banks Unilaterally Close Accounts","authors":"Aleksejs Jelisejevs","doi":"10.2478/bjlp-2021-0014","DOIUrl":"https://doi.org/10.2478/bjlp-2021-0014","url":null,"abstract":"Abstract This article assesses the permissibility of interference in private autonomy under the good faith principle when payment service providers unilaterally terminate contracts with consumers. The protection of the interests of such consumers is impeded by the formal application of legal rules and contractual terms, which ultimately contradicts public interests, including combating money laundering and terrorism financing. To overcome this conflict, the article proposes a doctrinal approach according to which the bank’s right to withdraw from the contract unilaterally should be limited by the systemic and teleological interpretation of regulating rules in combination with the general civil principle of good faith, which, by analogy with the original source of the problem, is called a good faith based approach. One of the general frameworks for implementing this approach is respect for freedom of contract, which is limited by the non-discussion presumption, modern civil law practice, and legal regulation of a consumer’s interests. According to research based on EU and Latvian law, legal doctrine, and case law, there are also valid reasons to intervene in private autonomy that should be recognized as legally acceptable for restoring justice and contractual equality in favor of consumers.","PeriodicalId":38764,"journal":{"name":"Baltic Journal of Law and Politics","volume":"8 1","pages":"142 - 163"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"69182662","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}

引用次数: 1

Accountability, Public Values, and Participatory Budgeting in Poland 波兰的问责制、公共价值观和参与式预算

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0011

Urszula K. Zawadzka-Pąk

引用次数: 2

Criminalization of the Promise and Offer to Give or Accept a Bribe as a Completed Criminal Offense: Compliance with the Ultima ratio Principle 承诺和许诺给予或接受贿赂作为既遂犯罪的定罪：符合终极比例原则

Baltic Journal of Law and Politics Pub Date : 2021-12-01 DOI: 10.2478/bjlp-2021-0013

Edita Gruodytė, Ugnė Urbšytė

引用次数: 0