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Two Years after Drėlingas Case: Changes and Perspectives for the Future 10-09-2021 : Conference Proceedings
Full text linkTechninių rašysenos tyrimo konsultantų veiklos ypatumai civiliniame ir baudžiamoje procese Italijoje
Full text linkAn expert is a natural person with an appropriate knowledge in a specific
field that may be used by a court in cases requiring specific knowledge. In
Italy, the expert institution, governed by the Code of Civil and Criminal Procedure,
is divided into experts (ex officio technical consultants) and party experts
(technical consultants of the parties). An ex officio expert is granted the status
of a court assistant, while party experts are granted the status of technical defenders,
integrating the advocates work. Legal norms provide for certain norms
of the relationship between an ex officio expert and party experts, which follow
the principles of adversarial and transparency. Such reports allow the ex officio
expert to integrate his own research and deduction with the observations and
reservations of the expert parties, in an effort to achieve objectivity
Human Cloning: Notion, Types, Regulations, and Disputable Questions
Full text linkHuman cloning is the creation of a genetically identical
copy (or clone) of a human. Since Dolly the Sheep was cloned in 1996, the
question of whether human reproductive cloning should be banned or
pursued has been the subject of international debate. In 2005, the United
Nations adopted its Declaration on Human Cloning to try to deal with
this issue, receiving only ambivalent support from UN member states.
Human reproductive cloning is a challenging subject, but establishing a
robust global governance framework in this area may be possible via an
alternative deliberative format that involves a wide range of stakeholders
and is based on knowledge sharing and feasibility testing rather than the
interest-based bargaining that is common to intergovernmental organizations.
Although the latest scientific work related to cloning has been
focused on potential medical applications, the purpose of this article is
to collect and analyze the available information from legal and scientific
literature
Determinants of the Nordic Hedge Fund Performance
Full text linkCC BYHedge funds have become an important part of the financial sector. The development of
the hedge funds in the Nordic countries has been rather robust. Therefore, it is important to identify the determinants of the hedge fund performance and isolate the managerial performance, i.e.,
the Jensen’s alpha. To this end, this paper construct cross sectional and panel model for the Nordic
hedge funds over 2005–2018. The Fung-Hsieh 8-factor model and other models are developed to
identify the determinants of the Nordic hedge fund performance. The effects of crises of different
nature (local to global, hedge funds to banking sector) are also tested. The results indicate that Nordic hedge funds are capable to generate positive alpha during the crisis even exceeding the alpha of
the economically stable time periods
The Role of Spatial Plans Adopted at the Local Level in the Spatial Planning Systems of Central and Eastern European Countries
Full text linkCC BY 4.0The article deals with the issue of spatial plans at the local level. The aims of this paper are (1) extracting the characteristics of local spatial plans that can be compared more broadly
(2) identifying, on this basis, the role of spatial plans at the local level in the countries of Central
and Eastern Europe (CEE). In achieving these aims, the authors have critically examined spatial
plans and their performance, as well as the planning systems they belong to. Hence, they have
investigated the types of local plans in each country, their legal features, and the layout of their
content. This examination has revealed a host of problems in the workings of the CEE planning
systems. The article highlights those spatial planning issues that could be the subject of more in-depth
international comparisons. The study provides additional evidence that in countries where spatial
plans are legislated, there are more (mutually differentiated) legal problems in their application. Such
problems have been analyzed. Besides procedural problems, discrepancies between the contents of
different types of plans (e.g., general plans and detailed plans) are very often a problem. The paper
also proposes a novel method for detailed comparisons of selected aspects of spatial plans. It can be
applied to a large number of countries and also to other aspects of spatial planning. Last but not least,
the paper emphasizes the need for a detailed multi-stage consultation of each aspect to be compared
The System of Child’s Rights Protection Institutions: Its Development, Role, and Importance
No full textThis article analyzes the formation, development, and powers
of the system of institutions operating at the executive and municipal levels to
ensure the protection of the rights of the child, while assessing the changes in
society and the state over three decades. The analysis of legal doctrine, international
documents, and scientific works substantiates why only a unified and
centralized child protection institution under the executive power, uniting all
the functions of ensuring the rights of the child and applying uniform standards,
can ensure the successful implementation of children’s rights and international
obligations. The article notes that only well-functioning institutions
that are able to co-operate with each other, giving priority to the rights and
best interests of the child in both decision-making and action, can help children
and their parents to exercise their rights and responsibilities towards children.
The focus on child’s rights institutions and their activities does not in any way
restrict or deny parental rights or responsibilities towards their children, but
instead emphasizes the duty of the state to assist parents in exercising their
rights and responsibilities towards their children
A comparative analysis of informed consent legislation in Ukrainian and Latvian legislation and case law
Full text linkCC BYInformed consent is one of the key principles in safeguarding human rights in the sphere of healthcare. It presupposes the
expression of the patient’s free will relating to his medical examinations, treatment and diagnostic procedures, as well as the physician’s
duty to inform the patient on the forthcoming medical interventions, including the facts regarding the potential risks of these medical
interventions. This principle is one of the elements of contemporary medical law, which has marked the transfer from paternalistic medicine
to a modern model of medicine, where the patient is an active participant in the process of medical treatment. In this paper, the authors
illustrate the legal aspects of safeguarding the patient’s right to informed consent in the legislation and legal practices of Ukraine and the
Republic of Latvia. The institute of informed consent, which needs to be safeguarded, as a key element of the legitimacy of a medical
intervention (such as surgery, or vaccination), requires a specific form of fulfillment, which is conducted in writing. A medical intervention,
excluding cases of emergency, is legitimate only when the consent of the patient is provided; unconsented medical interventions frequently
cause lawsuits, where plaintiffs seek to recover damages for performance of a medical intervention without their informed consent. The
authors have highlighted these issues while commenting on the recent case law of the Supreme Court of Ukraine and the Supreme Court
of the Republic of Latvia
The impact on violent crime on tourist arrivals in Malaysia
Full text linkCC BY-NC-ND 4.0The tourism industry plays an important role in boosting economic growth, providing job opportunities, and reducing the
poverty rates in many countries. For this reason, the factors influencing tourism should be investigated, to ensure continued growth
within the industry. Few studies had examined the effect of violent crime on tourist arrivals and price competitiveness in Malaysia.
An increasing criminal activity and a rise in prices may discourage tourism arrivals. This paper applies an autoregressive distributed
lag (ARDL) model to estimate Malaysia's determinants of tourism arrivals, on the period from 1986 to 2016. Tourism demand is
modeled as a function of economic growth, tourism accommodation, prices (proxied by exchange rates and inflation),
unemployment, and the crime index to proxy criminal activity in Malaysia. The results showed that inflation can reduce the number
of tourists in the long run and in the short run. Similarly, the results also show that a higher exchange rate and violent crime index
can reduce the number of tourists visiting Malaysia in the short run. Economic growth can attract more tourists to Malaysia in the
long run.These findings are important for the formulation and implementation of policies. The Malaysian government should
combat violent crime in the first place to prevent any reduction in tourist arrivals. Increasing government expenditure on national
security could lead to a reduction in the violent crime index, thus increasing the number of tourist arrivals in Malaysia
Peculiarities of international commercial agency agreements from a comparative perspective
Full text linkCC BY 4.0The purpose of this paper is to analyse the legal regulation of international commercial agency agreements
in selected jurisdictions. This research is conducted from a comparative perspective, explaining the problems of international commercial agency agreements in civil-law and common law legal traditions. The legal regulation of international commercial agency agreements is fragmented in many jurisdictions; therefore, the general principles of agency
law are applied is this research in order to propose effective solutions. The authors conclude that the lack of international regulation for commercial agency agreements leads to the application of conflicting national rules that are not
sufficient in aligning the interests in all parties of such complex legal relations