Mykolas Romeris University Institutional Repository
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Cybercrime and territorial criminal jurisdiction
No full textThis article examines the application problems of the principle of territorial criminal jurisdiction and related aspects of the determination of the place of commission of a criminal offense in cyberspace. Attention is drawn to the fact that the
provision established in Article 4 (2) of the Criminal Code of the Republic of Lithuania (hereinafter – the CC), that the place of commission of a criminal act shall be the place in which a person acted (or ought to have acted or could have acted) or the place in which the consequences provided for by a criminal law occurred, is applied in determining the place of commission of the act not only in terms of physical location but also in cyberspace. Considering the peculiarities of cyberspace, this article discusses the criteria that could link cybercrime to the territory of physical space. The European Union and
international legal acts, the provisions of which Lithuania has implemented in the CC, are also used for this analysis.
This article discusses the criteria of the location of a natural person and the location of an information system, and provides explanations as to why such criteria have been chosen to link cybercrime to physical space. Considerable attention is also paid to the criterion of an essential link with the territory of the state. This article concludes that the provisions of the CC establishing the principle of territorial criminal jurisdiction should be harmonized with the changed understanding of the place of commission of a criminal offense in cyberspace
An Evaluation of the Pecularities of the Resumption of an Administrative Procedure in a Constitutional Context
No full textOnce a court decision enters into force, there is the possibility
that, due to certain circumstances, the decision cannot be considered justified
and lawful. Therefore, in exceptional circumstances established by law,
proceedings may be resumed, and the final decision may be reviewed. Renewal
of the process is an exclusive form of control of final court decisions, and serves
as an extraordinary and optional form of review of a court decision. The
legislature has established the requirement that a request for the reopening of an
administrative case must be made by a person with a university degree in law.
This requirement is different from the regulation of this issue in the regulations
of the other main types of proceedings. In the event of such a difference, the
question arises as to whether the provision that a request for reopening of the
administrative proceedings must be made by a person with a university degree
in law violates the constitutional principle of equality of all persons. Therefore,
the aim of the authors of this study is to analyze the peculiarities of the institute
for the renewal of administrative filings by assessing it through the prism of the
aforementioned principle. As the issues of reopening an administrative case are
only briefly analyzed in the works of Lithuanian and international scholars,
the focus of this article is on the analysis of court practice, on the basis of which
final conclusions will be presented
Distance Personal Identification in the On-Line Environment: Problems of Financial Institutions in the EU
Get PDFElectronic financial services are of key importance in the EU. However, the actual policies adopted in the field by individual member states differ from country to country. A great deal of legal acts have been adopted by the EU to encourage FinTech development, to prevent money laundering and in particular to lay down secure procedures of personal identification. However, measures applied by individual member states frequently differ. The purpose of this article is to focuses on actual legal instruments used by EU financial institutions and FinTech agencies in the digital environment for client identification and on major problems faced by FinTech companies rendering modern financial services. Financial institutions and FinTech agencies often face the problem of client identification which is of key importance in the field. The complex legal regulation of the field has been extended to include such concepts as customer due diligence, simplified customer due diligence, enhanced customer due diligence and customer identification in physical absence. Each of the ways of identification differs in the scope of collected personal data, methods of data collection, legal regulation and the use of technological instruments
Peculiarities of Independent Pedagogical Practice during the Covid-19 Pandemic Lockdown
No full textFollowing the global pandemic of coronavirus, the entire education system had to be reorganized and reoriented
from classroom based learning to a form of distance learning in a relatively short period of time. Higher education
institutions either had to respond to the changing situation constructively: change study schedules, adjust internship tasks,
find relevant institutions allowing and delivering remote internships. This article seeks to reveal aspects of the organisation
of independent pedagogical practice as well as to reflect on students’ experience and well-being during independent
pedagogical practice during the quarantine
Experience gained by the Constitutional Court and its challenges in resolving constitutional disputes between state authorities
No full textCC BY-NC-NDThis article presents the experience gained by the Constitutional Court of
the Republic of Lithuania in resolving disputes between state authorities and, at the same
time, the challenges in ensuring both the supremacy of the Constitution as the supreme
law and the rule of law. First, the content of the constitutional principle of the separation of powers (which is enshrined, among others, in Article 5 of the Constitution) as
the legal basis for disputes between public authorities is revealed. As the Constitutional
Court has repeatedly pointed out, this principle is the main principle of the democratic
organisation and functioning of a state under the rule of law. After that, based on the interpretation of the constitutional principle of the separation of powers in the official con-
stitutional doctrine, those challenges are illustrated by analysing constitutional disputes
in the specific most prominent constitutional justice cases in recent years (2018–2021)
in which the Seimas of the Republic of Lithuania and the Government of the Republic of
Lithuania were most involved
Assessing the Impact of Human Capital's Structure on High Value-Added Economic Sectors in European Countries: Illustration of Mining Industry
Get PDFThe aim of the research was to assess the impact of a new structure of human capital on high value-added economic sectors in European countries. The conducted theoretical and empirical research has shown that the proposed new concept of human capital has a place to be. Three dimensions of human capital, such as quality, quantity and value, have different impacts on different sectors of European economies. Based on empirical data, the multiple linear regression model was chosen as a method that the best-fit structure of the data collected. The proposed econometric model revealed that the value of human capital is the most important component among three having very close statistical interconnections with qualitative dimensions. It was researched that Scandinavian countries scored the highest level of value dimension of human capital as well as high value-added in the economy. Open, trusted, tolerant, culturally diverse societies create preconditions for a rise for creative culture, which is a source for the formation of technological innovations and adaptation in high value-added economic sectors. Moreover, because of this value-added chain, technological innovations penetrate traditional industries as mining brings the reduction of cost, the increase in productivity and value-added, safety, and shared value in society through environmental issues
Challenges for the Implementation of the Institutional Autonomy of Universities in Lithuania
No full textThe idea of the institutional autonomy of universities emerged
in the Middle Ages. As a preserved tradition, it has become an important
principle of a democratic society on which university activities are based.
The Magna Charta Universitatum – signed by many universities around
the world – the European University Association, and the European Union
have developed a new concept of institutional autonomy for universities
based on the belief that institutional autonomy is the best precondition
for the efficiency of universities and societal progress. The Constitutional
Court of the Republic of Lithuania examined 11 cases related to issues of
the autonomy of higher education institutions. In examining these cases,
the Court formed a Constitutional Doctrine, providing an interpretation of
paragraph 3 of Article 40 of the Constitution of the Republic of Lithuania,
which deals with the granting of autonomy to higher education institutions.
In several rulings, the Court has held that legal acts adopted by the Seimas of
the Republic of Lithuania and the Government of the Republic of Lithuania
have unreasonably restricted the autonomy of higher education institutions
and violated the Constitution. At the same time, the Court has repeatedly
emphasized in its rulings that neither the autonomy of higher education
institutions nor academic freedom are an end in themselves, and that the
autonomy guaranteed to higher education institutions and the freedom of
science and research are not absolute
Careers of Women Soldiers in the Lithuanian Army: The Opinion of Female Non-Commissioned Officers
No full textThe aim of this research paper is to examine the career prospects of female soldiers in the Lithuanian Armed Forces. The article tackles the concept of career and legal regulation of careers in the military. The empirical part of the paper is based on an original survey of female non-commissioned officers’ opinion, which was conducted at the end of 2019 at the command of the Mechanized Infantry Brigade "Iron Wolf". The opinion of female non-commissioned officers showed
that the legal basis of career making for all soldiers in the Lithuanian Armed Forces is the same for both women and men, but some of the participants in the study pointed out that this is not sufficiently relevant to pregnant women and women on maternity leave, as, for example, women on maternity leave are often transferred to the personnel reserve, and their positions are filled by other soldiers, etc. The respondents’ opinion on women’s opportunities to pursue a career in the Lithuanian Armed
Forces compared to men was divided, as some of the respondents believed that women and men have equal opportunities in all areas of their professional activities, while others stated that opportunities are equal only in administration, service and similar areas. It was found that some female NCOs find it difficult to pursue a vertical military career on equal terms with men, that few female soldiers are in senior positions in the army, in other words, women often face the phenomenon of the ‘glass ceiling’ when pursuing vertical careers. In contrast, there are better opportunities for women soldiers to pursue horizontal careers in the army. Factors that encourage women’s careers in the military include their personal motivation and financial, material and non-material incentives, while those that hinder them include the stereotypes that still exist in the military, the personalities of commanders,
the exclusion of women from decision-making processes, etc
Apleistas savivaldybių nekilnojamasis turtas Ukrainoje: problemos ir perspektyvos
No full textThis article concerns theoretical principles and practical aspects of the management of abandoned municipal real estate property. As a first stage in deciding on the further fate of the property, a survey for residents of the community is developed and its necessity is substantiated. The various ways of using abandoned real estate municipal property are then described, and the advantages and disadvantages of each alternative are analyzed. Next, an algorithm which serves as a decision support system for municipal property management is constructed. Finally, the necessity of efficient application of community
potential in the context of the beneficial use of municipal property is substantiated, and the expected consequences of such actions are outlined
External Communication of Electricity Sector Institutions about Citizen Participation Possibilities in Lithuania
Get PDFPurpose – to analyse the external organizational communication about citizens participation in the electricity sector.
Design/methodology/approach – the research was carried out applying the following general scientific research methods: comparative analysis, induction, deduction, analysis of scientific literature and case study analysis. In the first place, the theoretical analysis of scientific literature was carried out in order to reveal the concept of citizens participation in the governance of electricity sector in Lithuania and to identify the external organizational communication for citizen involvement. In the second part, a case study was performed to assess how public sector institutions in Lithuania communicate with citizens and to discuss possible results of such communication