Mykolas Romeris University Institutional Repository
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Problems of Legal Regulation of Municipal Waste Management
No full textThe dissertation examines in detail and systematically the features and peculiarities
of the legal regulation and institutional system of municipal waste management. It reveals
the diversity of approaches to waste and the peculiarities of the concept of municipal
waste, examines the main features of the legal regulation of municipal waste in Lithuania
and the European Union, discusses the stages of waste management and the responsibilities
of the Member States in the field of municipal waste management. Through revealing
the relationship with the basic principles of legal environmental protection, the dissertation
examines the principles of municipal waste management law and their content. It
analyses the institutional system of municipal waste management and the main problems
in the application of legal regulation and service delivery models. It also reveals the concept of the circular economy, its relation to the principles of waste management law, the
impact on the legal regulation of waste, the main directions of waste management and the
functioning of the institutional system of municipal waste.
The research provides answers to the questions of what makes municipal waste
unique that such waste is subject to a specific regulatory regime, and why the implementation
of the circular economy starts with the tightening of municipal waste management
requirements. Does the transition to a circular economy require a review of the institutional
model for municipal waste management and what regulatory changes are needed
International Jurisdiction in Succession Matters under the Treaty on Legal Assistance and Legal Relations in Civil, Family and Criminal Matters between Ukraine, the Republic of Lithuania, and EU Succession Regulation
Full text linkOne of the basic categories of the Private International
Law of Succession is jurisdiction. This article concerns the doctrinal
and conceptual issues of the determination of international jurisdiction
in succession matters based on the Treaty on Legal Assistance and Legal
Relations in Civil, Family and Criminal Matters between Ukraine and
The Republic of Lithuania and the EU Succession Regulation. Chapter
1 of this paper considers the determination of jurisdiction in relation to
the Treaty on Legal Assistance, where the notions “last permanent place
of residence” and “last habitual place of residence” are compared, due
to the two authentic languages of the Treaty. The concept of “habitual
residence” under the EU Succession Regulation is proposed to be the one
used for the interpretation of the aforementioned terms. Chapter 2 of
this paper is devoted to the determination of jurisdiction under the EU
Succession Regulation, where the general jurisdiction as well as forum
necessitatis, subsidiary jurisdiction, and other types of jurisdictions are
described. In Chapter 3 of this paper, the jurisdictional approaches of the Treaty on Legal Assistance are compared with the ones used by the EU
Succession Regulation, where key differences – such as the EU Succession
Regulation not dividing jurisdiction based on the type of property – are
described. Before the conclusions are given, the jurisdictional provisions
of the Treaty on Legal Assistance and the EU Succession Regulation are
compared, and thus recommendations for the amendments of Ukrainian Private International Law are proposed. These recommendations include
the following: treatment of succession property as a whole, introduction
of the “last habitual residence” universal category into Ukrainian legislation,
and other proposals
Tarptautinės prekybos viešojo administravimo institucinis komponentas: bendros Ukrainos prekybos su Čekijos ir Slovakijos respublikomis apyvartos lyginamoji analizė
No full textCC BY-NC-ND 4.0An efficient public administration system is a key prerequisite for democratic governance. The development of international trade proceeds with the active participation of a state
in general and its institutional and legal components in particular. The role of state institutions in
the formation of international trade flows, using public administration mechanisms, and trying to
combine either national or international interests is vitally important. In this article, an attempt is
made to assess the effectiveness of public administration institutions in the sphere of international
trade through a comparative analysis of the total turnover of trade between Ukraine and the Czech
and Slovak Republics. The time frame under analysis is the 16-year period from 2004 to 2019. Data
were collected from the official publications of the State Statistics Service of Ukraine. Comparative
analysis between Ukraine and the Czech and Slovak Republics was conducted on the following: total
trade turnover; differences in the amount of total trade turnover between these countries on a yearly
basis; the five highest values of said trade turnover; descriptive statistics; distribution normality; and
the structure of exported and imported goods. The research presented in this article can be used by
public administration bodies, politicians and decision-makers, large and small companies involved
in international trade, EU international trade bodies, and both beginners and specialists in statistics
and data analysis
Eksperto liudytojo išvada apie parašų sudarytų iš simbolių (inicialų, pavienių ženklų) autentiškumą
Full text linkThis work is intended to address identification issues and present the problem
of using initials from the handwriting expert point of view. Beginning the
analysis of the main problems in examination of the signature composed from
initials the author discusses the understanding of the initial (its definition) and
leads reader to the more complicated problems related to the possibilities of
such examinations, forming of the opinion and etc
The path to the introduction of automated funds seizure in Ukraine: international experience and prospects for its implementation
Full text linkCC BYThis article addresses the procedure of the automated seizure of a debtor’s funds in Ukraine in the process of enforcement of
judgements of all categories. Similar mechanisms provided for in European countries are also studied for the sake of comparison and with
a view to using the best international practices to improve Ukrainian law. One of the core drawbacks of the existing mechanism is
considered to be the lack of a consolidated register of individuals’ bank accounts. This hinders the effective detection of the debtor’s
account and may lead to the duplication of funds seizure whenever a person holds two or more accounts in different financial institutions.
The legal framework for the procedure is aimed at striking a balance between the interests of the creditors and the debtor. In this vein, there
are several ways to safeguard the debtor from disproportionate burden. According to existing rules, some of categories of income cannot
be seized. However, it might be more effective to set a minimum amount of funds that must be safe from seizure. The other flaw in the
operation of the system is the lack of instant communication between enforcement officers and banking institutions
Krizių valdymo politikos pokyčiai - Lenkijos atvejo analizė
No full textCC BY 4.0This article aims to provide insights into the research conducted in 2019 when
recommendations for changes in the Act on Crisis Management in Poland were formulated and to
evaluate the changes introduced in the form of an amendment to the Act on Crisis Management in
2020. The research presented in the article is based on the assessment of the recommendations
formulated by the authors in 2019 according to the trends in public crisis management (New Public
Management, Public Governments) made in comparison to the literature in this area. The practical
part of the presented research consists of comparative analysis in four categories (General, Risk,
Critical Infrastructure, Other) and a discussion of the compliance of the formulated
recommendations with the changes in the amended act in 2020. The research showed that the
recommendations formulated in 2019 were accurate, especially in the categories of Risk and Critical
Infrastructure. The recommendations in the General category relate to the concept of security at the
state level, but not to this law on crisis management and thus appear to be neutral. In the theoretical
context, compliance of individual recommendations with the trends in public management was
indicated
The Importance of Legal Gender in the Case of Transgenderism
No full textGender is usually determined at birth based on a person’s physiological
and biological characteristics. However, in the case of transgenderism,
the legalization of the possibility of changing gender identity becomes much
more complicated. Legal gender can be acquired not only at birth, but also
in shaping one’s social role. Therefore, this article presents an analysis of the
need for the concept of legal gender in the case of transgenderism. Substantiating
such a need, the author analyzes the procedure of gender registration and
gender reassignment registration. The cases of Lithuanian courts in which the
complaints of the applicants show the importance of the legal recognition of
their gender reassignment are reviewed. The relevance of legal gender in the
case of transgender people is based on the fact that only after the gender of the
civil status records has been changed can a person exercise the rights and obligations
related to their gender identity. Legal gender can therefore be defined as
the gender recognized and controlled by the state, which may be different from
the biological gender (in the case of transgenderism)
Teismo ekspertizė Azerbaidžane: raida ir dabartis
Full text linkThe article examines the history of the forensic examination emergence
in Azerbaijan, expert institutions formation, studies the structure of the main
expert institution – the Azerbaijan Scientific Research Institute of Forensic
Expertise, reveals the legal basis of forensic expertise, examines textbooks on
forensic expertise, outlines the life and scientific activities of the founders of
forensic expertise in Azerbaijan
Teismo ekspertizės standartų klausimu
Full text linkThe study aims to draw attention to many discussion areas related to creating
and introducing standards in judicial sciences. The creation of standards
in forensic sciences is not an end in itself. Standardizing the methodologies
used by forensic experts should serve to reach the truth. The proceeding authority
makes decisions based on facts with the help of experts’ conclusions.
The standard should have a reasonable scientific basis and be susceptible to
change linked to research development in its discipline. Every area of forensic
examination cannot operate without standards. Standards allow other subjects
to determine whether the expert’s activities are correct or incorrect. Incorrect
expert opinions are not in line with the standards currently in force in a specific
area of forensic science. In the author’s view, the creation of standards in forensic
sciences cannot be without the involvement of state institutions. These institutions
should provide an organizational and financial framework to develop
best practices in multidisciplinary teams and monitor recent scientific research
results on an ongoing basis. The system of standards should constantly be open
to changes in existing standards. In ensuring that experts can learn to conduct
research properly following current standards, the essential role is provided
by the possibility to learn from their own mistakes. This possibility should be
created in the framework of procedures established by the state institutions
