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Changes in the Content of Social Work When Providing Services to Children with Intellectual and (or) Mental Disabilities in Community-Based Care Homes for Children
No full textCC BY-NC-NDDue to obligations to the European Union and non-governmental organisations, the
process of the transformation of institutional care began in Lithuania in 2012 with the
goal “by 2030 to develop a consistent and coordinated system of assistance and services
that would enable every disabled child, child deprived of parental care, disabled person to
receive individual services and necessary assistance according to one’s needs, to get involved
and participate in the life of the community without social exclusion, for every disabled
child deprived of parental care to grow in a safe and developmentally friendly environment
in the biological, in the absence thereof – in a foster family, in exceptional cases creating
conditions as close as possible to the family ones” (Order of the Minister of Social Security
and Labour of the Republic of Lithuania “Concerning Approval of the Strategic Guideline or Deinstitutionalisation of the Social Care Homes for Disabled Children, Children Deprived of Parental Care, and Adult Disabled Persons”, 2012). The successful implementation of the goals of deinstitutionalisation requires the involvement of employees working in
social care structures. Therefore, employees of care institutions are identified as one of the
tools to implement changes in the provision of social services. T. H. Butler and C. K. Hammond (2003) claimed that the loyalty of institutional staff helps institutions to fullfil their
functions. J. Campbell et al. (2018) emphasised the importance of social workers’ values,
knowledge, and skills in the implementation of the rights of persons with disabilities
Evaluation of Financial Derivatives Impact on Systemic Risk of Euro Area Countries
No full textDoctoral dissertation aims to solve a scientific problem: how to assess the impact of derivatives on the country’s systemic risk. The theoretical aspects of the country’s systemic risk and of the impact of derivatives on country’s systemic risk, as well as assessment models of country’s systemic risk, indicators of derivatives factors, and methods for assessing the impact of derivatives on country’s systemic risk are analyzed in the dissertation, advantages and disadvantages of applied assessment methods are identified. a new methodology of empirical research is justified, that allows to evaluate different characteristics of derivatives, i.e. different factors – market size of derivatives, market volatility of derivatives, market liquidity of derivatives, complexity of derivatives, leverage of derivatives, inter-connections between derivatives and other financial instruments – and the impact of these factors on systemic risk of euro area. To assess the impact, time series logistics data analysis method is applied, econometric correlation and regression analysis methods are used. Results of dissertation reveal, that the impact of derivatives on country’s systemic risk is significant, and the biggest impact can be observed via market size factor of derivatives. Additionally, indicators of derivatives key factors are suitable to be used in early warning systems, and the best factor to assess early systemic risk is complexity factor of derivatives.Disertaciniu tyrimu siekiama išspręsti mokslinę problemą: kaip vertinti išvestinių finansinių priemonių poveikį šalies sisteminei rizikai. Disertacijoje analizuojami šalies sisteminės rizikos ir išvestinių finansinių priemonių poveikio šalies sisteminei rizikai teoriniai aspektai, šalies sisteminės rizikos vertinimo modeliai, išvestinių finansinių priemonių veiksnių vertinimo rodikliai, išvestinių finansinių priemonių poveikio šalies sisteminei rizikai vertinimo metodai, nustatomi taikytų vertinimo metodų privalumai ir trūkumai. Pagrindžiama nauja empirinio tyrimo metodika, kuri leidžia įvertinti skirtingas išvestinių finansinių priemonių charakteristikas, t. y. skirtingus jų veiksnius – išvestinių finansinių priemonių rinkos dydį, išvestinių finansinių priemonių rinkos kintamumą, išvestinių finansinių priemonių rinkos likvidumą, išvestinių finansinių priemonių sudėtingumą, išvestinių finansinių priemonių svertą, išvestinių finansinių priemonių tarpusavio sąsajas su kitomis finansinėmis priemonėmis – bei šių veiksnių poveikį šalies sisteminei rizikai Euro zonos šalyse. Poveikio vertinimui taikomas laiko eilučių logistinės regresijos duomenų analizės metodas, remiamasi ekonometriniais koreliacinės ir regresinės analizės metodais. Disertacinio tyrimo rezultatai rodo, kad išvestinių finansinių priemonių įtaka šalies sisteminei rizikai yra reikšminga, o labiausiai šis poveikis pasireiškia per išvestinių finansinių priemonių rinkos dydžio veiksnį. Be to, išvestinių finansinių priemonių pagrindinių veiksnių rodikliai yra tinkami naudoti išankstinio perspėjimo sistemose, o šalies išankstinei sisteminei rizikai įvertinti geriausias yra išvestinių finansinių priemonių sudėtingumo veiksnys
Torture: the application prospects of universal criminal jurisdiction
No full textCC BY-NCThe article aims at revealing the concept of torture in international law as well as focuses the problems of
determination and implementation of criminal responsibility for torture crime. The authors analyse the concept
of torture in international law. This analysis is based mainly on interpretation of provisions of the Convention
against torture and other cruel, inhuman or degrading treatment or punishment. Taking into account the
elements of torture in international law the article proceeds with the determination of concept of torture in
Lithuanian criminal law.
Torture as one of the crimes against humanity may be carried out by the organisation or political group
which controls territory and performs civil, military, politic administration de facto as well. Large scale (or
widespread) criteria has been introduced in order to eliminate an isolated inhumane act committed by a
perpetrator acting on his own initiative and directed against a single or couple of victims. According to the
said criteria analysed crime may be committed only as an massive, frequent, large scale action carried out
collectively with considerable seriousness directed against multiplicity of victims. Systematic criteria means
that crimes against humanity shall be result of systematic actions as a thoroughly organised and following a
regular pattern on the basis of a common policy involving substantial public or private resources. So, it should
be emphasised, that the definition of torture has four elements: 1) intention of the perpetrator; 2) acts and
omissions that inflict severe physical or mental suffering; 3) the involvement of a public official; and 4) for
one of several specific enumerated purposes
Changes in the Case Law of the Supreme Court of Lithuania Regarding the Burden of Proof under a Contract of Purchase and Sale
No full textThe purpose of this article is to assess the changes in the case law of the Supreme Court
of Lithuania regarding the distribution of the burden of proof when a dispute arises between the
parties regarding the payment of the price for the sold item after the seller transfers the item to the
buyer’s ownership. It should be noted that at the end of 2019, the Supreme Court of Lithuania began
to form the practice that the seller, who claims that the buyer did not pay with him, must prove it.
Only a little over a year later, the Court of Cassation essentially formulated a new rule of interpretation
and application of the law, stating that in the event of a dispute over the proper performance of
the obligation to pay the price under the contract of purchase and sale, it is the buyer who must prove
this fact. Thus, the ruling adopted by the extended panel of judges of the Civil Cases Division of the
Supreme Court of Lithuania on 24 February 2021, rebutted the previously established presumption
that after the seller handed over the item, the buyer is deemed to have fulfilled his obligation to pay
for the purchased item. This article seeks to assess why there was a need to change the case law and
how the new precedent formed by the Supreme Court will help to ensure the balance of interests and
legitimate expectations of the subjects of legal relations of purchase and sale
(Un) Reasonable Consumer Expectations on Vaccine Side Effects and Producer’s Civil Liability
Get PDFEvery day, the COVID-19 pandemic, which began more than a year ago, causes significant human and economic losses worldwide. It is reasonable to believe that the long-term solution to the pandemic crisis is an effective and safe vaccine. However, the development of such a vaccine is an extremely complex and lengthy process, which usually takes a few years and, in some cases, more than a decade. The COVID-19 vaccine strategy adopted by the European Commission (hereinafter in the text: the Strategy) states that its main objective is the development of a suitable vaccine within a period of 12-18 months (COM (2020) 245 final). Furthermore, in the Strategy it is stated that such vaccines should be effective, safe to use and of high quality. Based on the analysis and evaluation by the European Medicines Agency (hereinafter in the text: the EMA), the European Commission has, in a very short period of time, approved the use of the following vaccines against COVID-19: “Comirnaty” vaccine, which was developed by BioNTech,“Pfizer” vaccine, which was developed by
the American company Moderna, a vaccine developed by the pharmaceutical company AstraZeneca together with the University of Oxford, “Vaxzevria” (formerly known as COVID-19 Vaccine AstraZeneca) and a vaccine developed by Janssen-Cilag International NV (EMA, 2021)
(R)evolution: The Judicial System in the turbulance of the 1990s
No full textThe formation of the national court instance system began shortly after March 11, 1990. However, recent Soviet heritage, the impulse to turn to the legacy of the First Republic, and the intense dynamics of the events at the beginning of the restoration of independence formed the unique circumstances of this process. The object of this research – the court instance system (instance de recours) – can be defined as a structure of the organization of courts, formed for two purposes: the implementation of justice in a specific case; and the development of a harmonious legal system. The fundamental purpose of the instance system is control over court decisions, which creates conditions for verifying a lower court’s decision, judgment, or ruling in a higher instance. In the pre-occupation period, the work of general jurisdictional courts was based on prescriptive procedural legislation, and before the loss of independence, the first republic had a three-instance, four-tiered court system formed by the judicial reform implemented in 1933. On June 15, 1940, the evolution of the legal system of the First Republic of Lithuania was interrupted by an act of external aggression. The purpose and place of the court in the system of government changed, and the Soviet model of the organization of courts of first instance and cassation instance came into force. The half-century-long Soviet occupation kept both the model of the judicial system and the totality of its operating principles essentially unchanged. Throughout this period, the suppression, opposition, and annihilation of historical memory resulted in the heritage or principles of the Western European tradition becoming largely unknown in the judicial system. On the day of restoration of independence, Lithuania decided to accept Soviet-era law until the relevant laws were adopted. It was understood that would not be possible to quickly create a qualitatively new model of the legal system. After the restoration of independence, it was recognized that changes in the instance system must be in line with the traditions of democratic European states. On January 30, 1991, a working group was formally set up to prepare the Law on the Judiciary and the Status of Judges. Informally, however, work on this issue between researchers and practitioners had begun much earlier. It was decided to choose the 1933 judicial organization as the starting point for the reform of the judicial system. On February 6, 1992, the new Law on Courts was adopted. The new court instance system repeated Lithuania’s interwar experience. In the new model, first instance cases are divided between two courts, and the appellate instance is also concentrated in two appellate courts. The Supreme Court of Lithuania is provided as an exclusive cassation instance. The period from 1990–1992 was only the first step in Lithuania’s implementation of the new court instance system
Peculiarities and Practice of Social Services for Families with Disabled Children in Lithuania
Get PDFThe article reveals the problems of providing social services to families with disabled children, the lack of individual and comprehensive assistance. The main indicators are analyzed, which are identified as opportunities for assistance in the provision of social services. Currently Lithuania seeks to discover a complex assistance mechanism that would ensure the successful functioning of families raising disabled children in public life. This is not enough, because the provision of social services requires a systematic inter-institutional cooperation and process, that brings together the individual segments responsible for the well-being of families raising a child with a disability
Towards to Sustainable Development: Theoretical Research
Get PDFThe purpose of this article is to analyse the opportunities for change (scientific assumptions) that
determine the transformations of consumer behaviour in the context of sustainable development needs. The article
describes the dilemma of consumption and sustainability, since the increasing scale of consumption, as one of the
major purposes of the well-being of the society, organisations and the state, is also one of the major risk factors
to the environment, equality and health. That is why the article provides an overview of the influence of
consumption on ecology, health, social aspects and inequality, also discussing the positions of the consumer, the
company and the government, as well as their opportunities to transform the unsustainable consumer behaviour
into sustainable consumer behaviour. The authors believe that a framework, based on interdisciplinary
understanding and collaborative knowledge, is needed to identify and relate research questions, theories, and
conclusions. Therefore, it must be a result of an integrated attitude, because efficient advancement in the field of
sustainable and productive consumption may be achieved only by joint effort of producers and consumers and by
including the interested groups of the consumption and production system. Such cooperation would promote
changes in the consumer and producer behaviour
Practice of (non) admissibility of individual constitutional complaints regarding the law of criminal procedure in Lithuania
No full textCC BY-NC-NDWith the introduction of the institute of individual constitutional complaint in the Lithuanian legal system, an additional opportunity arose for individuals
to defend violated constitutional rights or freedoms, disputing the constitutionality of
the legal regulation of criminal proceedings. Analyzing the practice of individual constitutional complaints regarding the constitutionality of the provisions of the Code of
Criminal Procedure (hereinafter – CCP) formed by the Constitutional Court, various
reasons for their non-acceptance become apparent. Complaints are usually rejected on
the grounds that the petitioners misinterpret the disputed legal regulation, raise the issue of its application rather than constitutionality, or associate the violation of their
constitutional rights or freedoms with decisions that are not adopted on the basis of the
disputed legal regulation or are not final.
This article focuses on the requirement to use all the means of protection of one’s
constitutional rights or freedoms established by law before applying to the Constitutional
Court. Taking into account that, according to the CCP, certain decisions of a court or
pre-trial investigation judge are final and not subject to appeal, this paper seeks to establish whether they are considered as such in the context of constitutional disputes.
Although a person is not required to exercise the possibility of reopening a criminal case
before filing an individual constitutional complaint, in certain cases decisions adopted
in accordance with the legal regulation regulating it must be considered final within the
meaning of Law on the Constitutional Court
Pursuing Organizational Innovation Capability Through Human Resource Management Practice and Knowledge Management: Mediating Role of Individual Creativity
Get PDFPurpose – the relationship between human resource management practice in improving organizational innovation capabilities is still unclear, irrespective of the extensive influence of
knowledge management and creativity on organizational innovation capability. Therefore, this
research examines the interaction between human resource management practice and
knowledge management with creativity to influence organizational innovation capability in
small and medium enterprises