Baltic Journal of Law & Politics 2008, vol. 1, iss. 1

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: https://hdl.handle.net/20.500.12259/35723

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  • research article
    Meškys, Linas 
    Baltic journal of law & politics [elektroninis išteklius]. Warsaw : Versita., Vol. 1 (2008), p. 1-17
    Legal entities are among the most active participants of the social relations in modern society, but they also are becoming one of the main sources of environmental risks. With the growing negative intervention of the economic activities of legal entities into environment, legal regulation of relations of economic activities to environment should not be oriented towards application of state enforcement mechanism solely. Compliance with the environmental law and prevention of its breaches can be ensured efficiently through implementing alternative environmental protection measures, having a preventive character and based on a voluntary basis. However, a command and control mechanism, based on applying enforcement procedures to legal entities, which do not comply with the requirements of environmental law, still prevails in Lithuania. In this context, experience of other countries enables justified assuming that various environmental programmes, grounded on voluntary bases rather than on enforcement can be significantly more efficient for ensuring compliance of legal entities with the requirements of environmental regulations. This article, through experience of the United States, analyses importance of voluntary environmental programmes in guaranteeing compliance of legal entities with the requirements of environmental law, and examines implementation of those programmes within the European Union and Lithuania.
      35  77
  • research article
    Gruodytė, Edita 
    Baltic journal of law & politics [elektroninis išteklius]. Warsaw : Versita., Vol. 1 (2008), p. 18-40
    The purpose of the article is to analyze a new Criminal code of the Republic of Lithuania (in force from the 1st of May, 2003), with the aim to highlight its differences from the old one, and, thereby, to discern the most important novelties while discussing their advantages and possible difficulties (if any) in applying the new norms in practice. The author chooses to investigate only the general part of the criminal code and to analyze, according to the author’s opinion, only the most important developments in it, as due to the extent of the article it is impossible to make a detailed analysis of all the novelties in the new criminal code. The author of the article chooses to analyse classification of offences, diminished responsibility, corporate liability, new factors eliminating criminal liability, reform of penalty system, and extension of possibilities to discharge from criminal liability. The research reveals that not all discerned novelties are functioning properly and that some critical issues may be indicated, but, in general, the new criminal code is valued as a positive achievement and a great move towards the enhancement of Lithuanian criminal law. Conclusions of this work, obtained through scientific research, may be used to improve existing criminal code in practice.
      70  62
  • research article
    Kargaudienė, Aušra 
    Baltic journal of law & politics [elektroninis išteklius]. Warsaw : Versita., Vol. 1 (2008), p. 41-53
    This article deals with the role of the principle of proportionality in the system of Lithuanian administrative law. The aim of this article is to observe the implementations of the principle of proportionality in Lithuanian administrative law and the application of this principle in Lithuanian courts. This paper offers an examination of the nature of the principle of proportionality in administrative law, a review of the representation of this principle in Lithuanian legislation, and in particular makes an observation of the role of this principle in the judicial review of Lithuanian courts – specifically, the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania. The article reviews the recent practice of these courts. The article consists of two main parts: a review of relevant legislation and a review of the implementation of this principle in Lithuanian courts. In connection with the place and importance of the principle of proportionality in Lithuanian administrative law, this article distinguishes two fields for the implementation of this principle: (1) the application of the principle of proportionality when the subject of public administration makes the decision on a private person and (2) an assessment of the legitimacy of the decision made by the subject of public administration in the judicial process on the basis of this principle.
      74  84
  • research article
    Gudynienė, Gintarija 
    Baltic journal of law & politics [elektroninis išteklius]. Warsaw : Versita., Vol. 1 (2008), p. 54-68
    It seems that offshoring is becoming a more and more significant reality today. Offshoring is at the center of a huge public policy debate, which has emerged among business people, politicians, public servants, blue-collar workers and others. Proponents of offshoring see it as bringing prosperity to third-world countries, as well as saving costs and boosting innovation and productivity in corporate high-tax countries. They believe that saving money on cheaper labor benefits consumers due to lower costs and also benefits shareholders because of increased value. Opponents see it as an "assault on good paying jobs in developed countries. According to them, the negative effect of offshoring is that many individuals lose their jobs", and this consequently hurts the economy of developed countries. This article analyzes offshoring through the legality of offshore enterprises and raises the question whether the business performed in the form of offshore enterprise and associated with the opportunity to maximize profits on the basis of tax reduction is legitimate, and, if so, what determines the legality of offshore enterprise. The paper also presents the understanding of offshore enterprises in the Lithuanian legal system, and examines whether offshore enterprises are legal within the Lithuanian legal system.
      39  42
  • research article
    Mažylis, Liudas 
    ;
    Skirmantienė, Asta 
    Baltic journal of law & politics [elektroninis išteklius]. Warsaw : Versita., Vol. 1 (2008), p. 69-94
    This article examines electoral behavior in the post-communist countries of Central and Eastern Europe (Poland, the Baltic States and Ukraine). The main aim is to analyze electoral behavior in particular sub-national territories in order to discover differences and common trends in the countries examined. The article discusses interconnections between socio-economic, ethnic, and cultural characteristics of particular sub-national territories and the attitudes of their inhabitants expressed in voting results and opinion polls. The factor of post-World War II immigration (historic immigration) seems to still determine regional culture (including political preferences) in all the countries under consideration. The specific details of electoral behavior are analyzed using quantitative method. This method helps to examine the results of parliamentary and presidential elections and EU accession referenda of 2003. Correlations between independent and dependent variables repeated in a number of measurements show certain tendencies within each examined country. The totality of such tendencies demonstrates common trends of electoral behavior in post-communist space.
      32  49