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Ar atlygintinę surogaciją galima prilyginti prekybai žmonėmis?Publication[Can commercial surrogacy be equated to human trafficking?]research articleTeisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universitetas, 2014, nr. 1(11), p. 39-76Nowadays there are more than 10 percent of couples who face infertility problems and cannot give birth to children. Due to this reason medicine representatives began searching for active measures which could help the society in solving infertility problems. The most significant turning point in medicine took place on 25 July, 1978, when the first surrogate-baby was born. Actual inventor of this technology, British physiologist Robert G. Edwards was awarded Nobel Prize in physiology and medicine for the research in the field of artificial fertilization. Owing to these researches, in vitro fertilization (IVF or „in vitro fertilization“) was discovered, thereby providing infertile couples with a possibility of pregnancy with a child genetically related to them. This is the reason surrogacy became popular in the world. Although surrogacy has been used for only several decades and its popularity is constantly increasing, regulation of this field persists to be very different. Some of the countries prohibit surrogacy, the others – on the contrary, legalize it. Differential surrogacy regulation conditions the fact that the countries constantly face problems of surrogacy. Recently, when surrogacy, former medical means, is becoming an increasingly significant business and huge amounts of money are being paid not to infertility clinics and agents exceptionally, but also to surrogate mothers, legal scientists raise the issue if there is any exploitation of women, human or children trafficking. Unbalanced regulation of the field of surrogacy conditions the fact that later it will face all aforementioned problems. As long as Lithuania does not have any laws regulating this field, it is essential to study out if there is a possibility to equate commercial surrogacy to human trafficking in accordance with the working law on human trafficking (Article 147 of the Criminal Code of the Republic of Lithuania). [...] 196 252
research articleTeisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universitetas, 2014, nr. 1(11), p. 25-38The restoration of the independence of the Republic of Lithuania on 11 March 1990 ipso facto implies the beginning of buildup of the new legal system in Lithuania and succession of the best Western values legal traditions. At the same time it is considered to be the starting point for the legal system of the Republic of Lithuania from which it has been beginning to evolve and develop into the direction of respect for human rights and fundamental freedoms. This is clearly reflected in the Constitution of the Republic of Lithuania adopted by citizens of the Republic of Lithuania in the Referendum of 25 October 1992. The preamble of the Constitution of the Republic of Lithuania provides that one of the most significant aims of the Lithuanian nation is to strive for an open and harmonious civil society and law-based state. The social nature of human beings pushes them for social interaction and each human being has his own interests which may not always coincide with interest of other individuals. Therefore, a state’s high priority task is to ensure that every human being and the whole society is protected by state from unlawful acts. The state is forced to take legal means to disclose the criminal acts committed by the individuals, and limitation of human rights and fundamental freedoms is inevitable. For this purpose, legislation has granted law enforcement authorities the right to use special investigative techniques in conducting the prosecution. It should be noted that the special investigation techniques such as controlled delivery, covert surveillance, electronic surveillance of all forms are legitimate and internationally recognized e.g., 1988 The United Nations Convention against Illicit Traffic In Narcotic Drugs and Psychotropic Substances. That encourage national lawmakers transform special investigation methods from criminal surveillance law to criminal procedure law.
The European Parliament : past, present, futurePublication[Europos parlamentas : praeitis, dabartis ir ateitis]research articleTeisės apžvalga, 2014, nr. 1(11), p. 5-24Šis straipsnis apima Europos Parlamento įsteigimą, istorinį vystymąsi, dabartinę padėtį ir jo ateitį, Jame mokslinė analizė yra grindžiama požiūriais iš skirtingų disciplinų, pabrėžiant šios institucijos politinį vaidmenį, kadangi Europos integracijos procese ji pradeda vykdyti pagrindinę rolę. ES Parlamento ateitis yra esminė Sąjungos ateičiai, dėl jos šiame straipsnyje pateikiama įvairių pasiūlymų. 100 98
research articleTeisės apžvalga = Law review [elektroninis išteklius]. Kaunas : Vytauto Didžiojo universitetas, 2014, nr. 1(11), p. 99-138Mediation procedures started to be applied in Lithuania more than a decade ago. They made premises for discussions about mediators’ duties and their volume in mediation. Although mediation in Lithuania is not widely applied, discussions about the quality of mediation procedures and the suitability of mediators’ qualification arise. In the USA and Canada, where these procedures are widely applied, it is acknowledged that it is purposeful to analyse the civil liability of a mediator. However, in Lithuania the question of civil liability of a mediator has not been comprehensively discussed in the doctrine of law or judicial practice. Civil liability of mediator might arise while breaking the main duties in the process: confidence, impartiality, neutrality, mediator competence, legal actions, proper mediation documents. The list of duties is not complete since the question of civil liability might arise while breaking other duties. Civil liability has to be considered individually in each situation. Immunity of mediator in different countries is different (absolute, partial, contractual). Absolute immunity of mediator is mostly acknowledged in the states of common law. For example, in some states of the USA. Usually, court mediators have absolute immunity, but in some states (Florida) private mediators have such immunity as well. Absolute immunity should be applied in spite of the fact that mediators do not have a decisive power in mediation procedure. In application of partial immunity, parties in mediation procedure have the right to demand civil liability of mediator because of illegal, deliberate actions. At the same time a mediator is protected from civil liability as he cannot be sued for making accidental or unpremeditated mistakes in mediation process. Immunity of mediator might be provided in mediation agreement, too. [...]