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Personal liability of managers of undertakings for infringements of competition law in the Republic of Lithuania: the sanctions regime from the perspective of the principle of legal certainty
Get PDFCC BY-NC-ND 4.0This article focuses on the personal liability of managers of undertakings for
breaches of competition law. This article starts with a review of the sanction regime
for managers of undertakings according to the Competition law of the Republic
of Lithuania. Reviewed are legal provisions and judicial practice of the Lithuanian courts starting from 2017, that is, when the first request to sanction a manager of
an undertaking was submitted to the court by the Competition Council (CC). It
is pointed out that in most cases the courts do not fully accept the requests of the
CC with respect to the severity of the sanctions to be imposed on managers. The
second part of the Article comprehensively analyses the case-law of administrative
courts of the Republic of Lithuania, and presents key elements of the imposition
of sanctions on company managers. Firstly, in exceptional circumstances, courts
may impose a lower penalty than the one specified by competition law. Secondly,
the courts may impose both, the main sanction as well as an additional one, or any
of them. Thirdly, the level of sanctions should be determined the light of the fines
imposed on undertakings for their infringements of competition law. The article
concludes with a short summary
Psichikos sveikatos iššūkiai ir galimybės: tarpdisciplininis požiūris : konferencijos pranešimų santraukų leidinys
No full textElectronic Voting in Adopting Resolutions of Limited Companies: The Example of Estonian Law
Get PDFCC BY 4.0In the wake of the COVID-19 crisis that began in 2020, countries all over the world had to develop new solutions in legislation
to replace various traditionally physical operations with digital solutions. Estonia, with rules in the field of company law and in holding
shareholders’ meetings, was no exception. In May 2020, new regulation was introduced into Estonian law, allowing shareholders to
participate in meetings using digital means. Although electronic voting itself was already allowed under Estonian law before 2020, the new
situation raised a number of legal issues. This article addresses these issues and possible solutions with regard to the legal perspective of
electronic voting. As the law does not contain precise requirements for holding an electronic vote, there are many aspects that must be
considered in order to comply with the general principles of company law, e.g., how to identify the person giving their vote, and how to
ensure the security and reliability of electronic voting. Based on the analysis in this article, the procedure must ensure the identification of
shareholders as well as the reliability of casting votes, but must also be proportionate for achieving these aims
Mapping the relationship between knowledge of cognition and regulation of cognition and why it matters
Get PDFCC BY-NC 4.0Purpose – The current study was designed to investigate the state of research in
metacognition at Iranian universities
Modern possibilities of phonoscopic examination in the investigation of various crimes
No full textThe overview of the possibilities of modern phonoscopic
examination in various crime investigations is provided in the
article. The authors focused on the discussion of the topical
issues caused by the rapid development of digital technologies
and their solutions. The article reveals how applications
of the latest scientific and technological achievements expand
the possibilities of phonoscopic research and increase their
efficiency. The challenges associated with the development of reliable methods for studying digital audio recordings,
keeping up with the progress of digital technologies and the
speed of their introduction into our everyday lives are also
discussed
Paradigmatic Change of the Right to Appeal: Towards the Limited Appeal in the Administrative Cases
No full textDiscussions regarding the right to appeal in administrative proceedings in
Lithuania began in 2019. For that purpose, an international conference entitled
“New Challenges and Experiences in the Administrative Process” was held.
On December 2, 2019, the draft Law on Administrative Proceedings of the
Republic of Lithuania, and other draft laws accompanying it, were registered
in the Seimas (Parliament) of the Republic of Lithuania. Currently, the third
draft amendment to the Law on Administrative Proceedings of the Republic of
Lithuania has been registered. This project aims to expand the competence of
pre-trial bodies dealing with administrative disputes by applying a mandatory
pre-trial dispute resolution procedure to an even wider range of disputes; i.e.,
including disputes concerning damage caused by the illegal actions of state administration
entities and municipal administration entities, disputes regarding
the imposition of civil service penalties, and disputes regarding the issuance
of permits for foreigners to live or work in Lithuania. A second amendment
to the Law on Administrative Proceedings of the Republic of Lithuania was to
introduce a limited appeal for the above-mentioned categories of cases, after
they are examined in a mandatory pre-trial procedure for administrative disputes
and reviewed in a district administrative court. Therefore, it is proposed
to establish the following criteria for the admissibility of the appeal: 1) a clear
and consistent case law of the Supreme Administrative Court of Lithuania has
been formed on the issue of the dispute, from which the court of first instance
deviated by adopting the decision under the appeal; 2) a manifest error of law
has been made in the judgment of the court of first instance; and 3) it is necessary
to ensure the formation of uniform practice of administrative courts. This
study presents the grounds and peculiarities of the right to appeal de lege lata
in constitutional jurisprudence, whereas the second part of the study deals with
certain aspects of the proposed model of limited appeal de lege ferenda, the extent to which the proposed amendments are in line with the constitutional case
law, and the case law of the European Court of Human Rights
The crime of genocide as interpreted by the ECtHR and its compatibility with the principle of legality
Get PDFIn March 2019, the European Court of Human Rights issued its judgment in the
case of Drėlingas v. Lithuania, concerning the application of the principle of legality
with regard to the crime of genocide. The Court was called to review the compatibility
of the conviction of Mr. Drėlingas – a senior official of the former Soviet Union’s state
security agency who, in 1956, took part in an operation against Lithuanian partisans –
with Article 7 of the European Convention on Human Rights. The applicant, indeed,
lamented that Lithuanian courts sentenced him for being an ‘accessory to genocide’ by
retroactively applying a wider notion of genocide, which had no basis in international
law at the relevant time. The Strasbourg judges, eventually, found by majority that the
conviction did not violate the principle of legality. This paper questions that Lithuanian
partisans could have been considered as a part of the Lithuanian national group for the
purpose of the crime of genocide, thus arguing that the Court erred in concluding that
there was no violation of the Convention, with a possible far-reaching impact on future
cases
The LexMeta Metadata Model for Lexical Resources: Theoretical and Implementation Issues
Get PDFThe paper presents LexMeta, a metadata model catering for descriptions of human-readable and computational lexical resources included in library catalogues and repositories of language resources. We present the main concepts of the
model, its implementation, and discuss current findings and future plans
The practice of halfway houses for convicts in Lithuania
No full textThe article provides a definition of Halfway Houses and
reveals their main tasks. Currently, halfway house for convicts is a special structural unit within correctional facilities
(prison). The main task of the halfway houses is to ensure
the continuity of social rehabilitation of convicts, combining
it with the occupation activities (employment, education,
studies), as well as intensively preparing the person for conditional release from the prison. It should be noted that half-
way houses for convicts are not separate institutions of the
penitentiary system, they do not have the legal entity status.
Since 2016 about 400 convicts have been transferred to
halfway houses in Lithuania. One of the indicators proving
the effectiveness of halfway houses is the return of convicts to
a semi-closed or closed regime of the institution. During the
2016-2021 (within 5 years) only 43 convicts were returned to
prisons from halfway houses