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Racial Profiling in the Czech Republic
Get PDFRacial profiling is currently in the Czech Republic relatively an unknown term or a term connected with
negative connotations. Profiling is a standard method of policing, however, it is also necessary to draw attention
to the facts when this method may lead to racial or ethnic profiling. Unless relevant reasons are given for racial
and ethnic profiling, this may be a discriminatory practice by the police authorities. In the Czech Republic, the
issue of racial profiling is given rather negligible attention. There are only a few professional articles that do not
address the issue of racial profiling as a complex phenomenon. Profiling itself can be seen as a legitimate and
useful tool in identifying people who may be committing crimes, for example by concealing prohibited articles or
likely to commit crimes in the future. This way of profiling must be based on professional assumptions resulting
from behavioral training, not on racial, ethnic, or religious characteristics. Members of specific security forces
can thus work with profiles that allow them to search for people who repeatedly visit specific places or, for
example, make large purchases exclusively for cash. In the case of purely profiling, the profiles are less likely to
be assessed as discriminatory based on race, ethnic origin, or religion
Ensuring the Best Interests of the Child in Parents` Conflict: Experiences of Divorcing Families
Get PDFCC BY 4.0Divorce causes structural family changes, which require specific decisions to be made.
While making any decision that might have any impact on ones‘ children welfare it is necessary to
consider what is best for the children, thus children should be involved in the decision-making
process. This article aims to investigate what sort of challenges parents under the divorce process
face while they seek to ensure that children interests would be met.
In order to conduct such an investigation, a qualitative methodology is employed. For data
collection, analysis utilizes the semi-structured interview method, for the analysis of data the
method of qualitative content analysis is being used. The research analysed seven couples of
parents, all these couples are undergoing the divorce process and has children under 18 years of
age.
Research‘s data reveals that it is important for parents to meet the needs of a child, to protect the
child from negative effects of the divorce, to keep the child in touch with both parents, to involve
the child in the changes that are caused by the divorce. However, parents have different evaluations
of children needs, on one hand, some parents do consider a child‘s opinion as of utmost
importance, on the other hand, some parents believe that child‘s opinion is irrelevant. It is also
has been noticed that while parents aim to ensure that child keeps in touch with both of the
separated parents, conflict occurs between the parents and the child and among the parents
themselves. Parents usually fight with the child over a couple of issues. Firstly, children find it
inappropriate to have restricted conditions for interaction with separately living parents. Secondly,
it is usually unacceptable for a child to live in a household without his father or mother. Conflicts
among divorced parents occur due to different approaches to childcare as well as disputes during
collaboration agreement implementation
Legal Implementation of the Publication of Works
No full textThe aim of this article is to reveal the peculiarities of the
public announcement of musical works created by authors, analyzing the
theoretical aspects, related case law, and revealing a specific case that has
taken place in Lithuania. The first chapter presents the concept of publicity.
It is also explained that the groups of performers’ and authors’ property
rights are different. This article deals with the regulation of performers’
property rights and the protection of the personal rights of non-performers,
as well as the issue of entrenchment in national legislation, whilst
examining some of the practical aspects of public announcement. The explanations
of the Supreme Court of Lithuania are presented. In particular,
the explanations of the Supreme Court of Lithuania delineate how the
court delimits the concepts of public performance of a work and reproduction
of a work. Furthermore, the explanations of the Supreme Court
of Lithuania that both the right of public performance and the right of
public announcement are exclusive and in themselves property are considered.
The third chapter deals with the implementation of song copyright
by studying the case of the “Great Family Defense March” in the
Republic of Lithuania, which reveals problematic aspects of song authors’
rights to their work, such as whether authors are entitled to remuneration
regardless of whether the event is paid or free
Homoseksualių vyrų nužudymų Lenkijos Liaudies Respublikoje situacijų analizė
No full textThe article takes a closer look at the issue of homicides
committed up to 1989 during the communist period, in
which the victims were men of homosexual orientation. The
author focuses on characterizing several case studies where
the robbery motive was highlighted. Homosexuals are a group
at particular risk of being victimized by crime. At the time, there were many juvenile criminals operating in the country
committing robberies and murders of homosexual men older
than themselves
Teismo psichologijos vaidmuo užtikrinant efektyvų nusikalstamų veikų tyrimą
No full textIn the article I will discuss the matter of the role of
forensic psychology in ensuring an effective investigation
of criminal offences. In the introductory part of the paper, I
will aim to present some of the relevant knowledge regarding
the scientific field of forensic psychology. Mainly I will focus
on the role of the personality of the perpetrator, or properly
said the suspect or the accused, in investigating the crimes of
which he is suspected and on the suitable ways (or we can say
criminalistic tactics and methods) of leading an interrogation.
In this article I will also deal with the concept of the positive
obligations of the State, whose existence is implied in the case
law of the European Court of Human Rights (hereinafter also referred to as the “ECtHR“) and deduced from the European
Convention on Human Rights (hereinafter also referred to as
the “Convention“). In this part of the article at first, I will aim
to clarify this concept to readers (or to audience). Then I will
also briefly discuss the partial criteria of leading an effective
investigation deduced from the articles of the Convention
by the ECtHR case-law. The conclusions made in the article
will be introduced in the presentation that I will deliver at the
Congress
Legal status of the victims of the criminal acts: current situation, challenges and perspectives
No full textThis research paper profoundly analyses status of a person who became a victim due to commission
of a criminal act against him/her and a victim’s status in the criminal procedure. In practice, we are
witnessing increasing a problem of the transition from a person, who suffered from a criminal act conducted
against him/her to him/her recognition as a victim in a criminal case. In order to have good statistical
indicators, official who is in charge for checking information, pre-trial investigations sometimes does not
initiate pre-trial investigations by refusing to accept a statement/notification about commission of a criminal
act, or they are requested to provide additional documents in order to clarify information or even refuses
to start a pre-trial investigation.
At present time, a person who became the target of a criminal act does not have any legal tools to
protect his/her rights during registration of the event containing features of a criminal act and initiation of
a pre-trial investigation, with aim to later to acquire a victim’s status at the pre-trial investigation. In other
words, the main problem is that a person who had suffered harm as a result of a criminal act has been
committed against him/her and who had been applied to a pre-trial investigation body, usually to the police
station, he/she does not always receive the necessary and adequate assistance from a pre-trial investigation
body, a state. Free legal aid is also not provided in such cases for a person who suffered from a criminal
act, because he/she wasn’t granted the status of a victim in the criminal case. The aim of this scientific research is to identify issues related to the acquiring a status of a victim due
to commission of a criminal act. The authors of this paper going to achieve the aim of this paper by analyzing
statistical data on registered property criminal acts, other statistical data closely related with the topic of
this research, and other relevant documents.
The novelty of this paper is that the authors of this paper analyzes examples from real events, presents
the means how the officials of a pre-trial investigation body not going to initiate a pre-trial investigation
and the reason behind why they still do it
Transformation of Ukraine's Foreign Trade Policy in the Context of the Free Trade Agreement with the EU
Get PDFThe article analyzes the current trends in global trade flows. The aim of the study is to determine the
directions of transformation of Ukraine's foreign trade policy in the context of the free trade agreement with the
EU. The place of the European Union in world trade is determined, it is noted that the basis of the EU foreign
trade policy is openness to the markets of developing countries. The paper analyzes the transformation of Ukraine
's foreign trade flows in the context of the Association Agreement with the European Union. The progress of
Ukraine in fulfilling the terms of the Agreement on the Free Trade Area was analyzed. The commodity and
geographical structure of foreign trade is determined, the degree of diversification and concentration of Ukrainian
exports and imports is analyzed. The current problems of Ukraine's foreign trade at the present stage are
identified. As a result of the study, the structural deformation of Ukraine's foreign trade and its imbalance are
substantiated. This necessitates the stimulation of Ukraine's foreign trade activities, changes in the exports’ raw
material orientation and the Ukrainian producers’ integration into global value chains. Also, it was determined
that it is expedient to use the experience of EU countries to determine further directions of Ukraine's foreign trade
policy transformation. Conclusions that were made: Ukraine need urgent steps to stimulate foreign economic
activity to overcome the accumulated socio-economic problems. On the other hand, any further prospects could
not be made because of Russian invasion of Ukraine and this influence industrial facilities, agricultural fields and
human factor due to the huge number of refugees. This situation affects not only Ukrainian economy and foreign
trade policy, but also this affects global supply chains and food security around the world.
The following methods were used: historical-logical method – to determine the objective prerequisites
transformation of Ukraine’s foreign trade policy; method of comparative analysis – to conduct a comparative
analysis of Ukraine’s international trade dynamic and structure; analysis and synthesis method – to systematize
the directions of Ukraine’s foreign trade policy transformation; method of system generalization – to generalize
the results of the study
Some Issues of the Constitutional Review of the Acts of the Government
No full textThe Constitution uses various terms to describe legal acts
adopted by the Government: a resolution, a decision of the Government, as well
as the term “act of the Government”. The constitutional doctrine, which reveals
the content of those different terms and their interrelationships, has changed.
The changes in the doctrine were determined by the fact that, on 13 July 2013,
the Constitution was supplemented with the Constitutional Act on Membership
of the Republic of Lithuania in the European Union. The previous doctrine
was modified in the sense that the decisions of the Government that it adopts
in expressing the position of the Republic of Lithuania on proposals for the
adoption of legal acts of the European Union are not a general concept, but a
type of legal acts adopted by the Government. The official constitutional doctrine
formulated by the Constitutional Court at the beginning of its activity
– according to which, under Article 105 of the Constitution, the Constitutional
Court had the power to investigate only the constitutionality of effective laws
and other effective legal acts, and thus only the acts of the Government in force
– was constitutionally unfounded. Such an interpretation of Article 105 of the
Constitution was incompatible with other articles of the Constitution, inter
alia, with Paragraph 1 of Article 30 of the Constitution, according to which “A
person whose constitutional rights or freedoms are violated shall have the right
to apply to a court”, as well as Paragraph 2 of Article 110 of the Constitution,
according to which “In cases when there are grounds to believe that a law or
another legal act that should be applied in a concrete case is in conflict with the
Constitution, the judge shall suspend the consideration of the case and shall
apply to the Constitutional Court, requesting that it decide whether the law or
another legal act in question is in compliance with the Constitution”
Inovacijos moksle Lietuvoje ir Kazachstane: lyginamoji analizė
No full textCC BY-NC-ND 4.0This article presents a brief analysis of the current state of the scientific and technological spheres in the Republic of Kazakhstan and the Republic of Lithuania. Based on the analysis of the
conceptual apparatus and the study of scientific literature, approaches to the analysis of the scientific
and technological spheres are presented. The article considers and analyzes the size of intramural
R&D expenditures in Kazakhstan and Lithuania in 2016–2020, as well as their relation to gross domestic product. It is noted that the accounting of intramural R&D expenditures in Kazakhstan and
Lithuania is carried out in full compliance with internationally recognized OECD standards – first of
all, following the FRASCATI Manual, the main provisions of which are reflected in the legislation of
the OECD countries regulating the implementation and development of scientific and technological
policy. Information is provided on indirect tax incentives used in practice in Kazakhstan and Lithuania, the purpose of which is to increase the motivation of the business environment to implement and
carry out R&D projects. The calculation of the growth of the level of intramural R&D expenditure
in relation to GDP is carried out in this paper. Its performance will ensure the size of the indicator
under consideration at the strategic levels in Kazakhstan and Lithuania. The authors’ proposals, the
implementation of which will ensure the effective development of scientific and technological policy in
Kazakhstan and Lithuania, are also formulated and supplemented
The problem of delimitation in child sexual abuse cases involving children under the age of sixteen in Lithuanian court practice
No full textCC BY-NC-ND 4.0This study explores the delimitation criteria in child sexual abuse (CSA) cases with
children under the age of sixteen formed by Lithuanian court practice. The main focus was on the
elements of the offences of sexual assault and the molestation of a person under the age of 16 (the
gratification of sexual passion by other forms of physical contact and the offence of molestation by
physical contact) as the basis for distinguishing between these offences. This study reveals that, in reality, Lithuanian courts rely on the nature of sexual contact. Sexual assault is typically acknowl-edged when penetrative contact has occurred and molestation is acknowledged when non-penetrative contact has occurred. Psychological research does not unambiguously support the idea that
penetrative contact has significantly stronger negative outcomes than non-penetrative contact. Thus,
this research leads to a recommendation for the courts to reconsider the criteria for distinguishing
between child sexual assault and child molestation