ISSN / EISSN : 1392-1274 / 1392-1274
Current Publisher: Vilnius University Press (10.15388)
Total articles ≅ 707
Latest articles in this journal
Teisė, Volume 116, pp 106-119; doi:10.15388/teise.2020.116.7
The paper analyses the discounts offered to consumers in the agreements of Lithuanian Internet access service providers and the legal qualification of these discounts in the practice of the Communications Regulatory Authority and courts. The article raises the question of whether such discounts are not hidden penalties.
Teisė, Volume 116, pp 24-35; doi:10.15388/teise.2020.116.2
This article examines some practical problems of the application of the Law on the Insolvency of Enterprises of the Republic of Lithuania related to the effectiveness of insolvency proceedings. Though the new insolvency law seeks to ensure effective insolvency process, the analysis of certain provisions reveals certain problems of this act, which could significantly impact the effectiveness of this process.
Teisė, Volume 116, pp 51-71; doi:10.15388/teise.2020.116.4
This publication is a scholarly research on two separate yet interconnected legal categories: the discretion of the contracting authorities in public procurement and their right to use a unilateral termination of the public contract for the material breach as a remedy. The author hereby contends that there is a two-phase test which must be used in each case when the question of discretion arises. Moreover, the author believes that the latter cognitive tool must be implemented during the both at the time of the procurement procedures and amid the execution of the public contract. The author also argues that the provisions of the Civil Code must not be solely referred to in cases of termination of a public contract and that the procurement principles must always be deployed alongside to make a rational decision regarding the exit of the public contract.
Teisė, Volume 116, pp 120-129; doi:10.15388/teise.2019.116.8
The article deals with recent changes in the Ukrainian criminal legislation, which concerns the activities of the criminal-legal character introduction against legal persons (quasi-corporate criminal liability) in the context of risk factors for sustainable business development.
Teisė, Volume 116, pp 147-156; doi:10.15388/teise.2020.116.11
This article deals with the problem of suicides and self-inflicted injuries in prisons and detention centres. The main aim of the article is an attempt to determine the characteristics of a prisoner who performs self-destructive behavior. The second aim is to get to know better the problems of inmates committing suicides. Knowing these problems will help to find preventive solutions. The article describes the information collected during interviews with 18 people, including: prisoners (women and men), prison chaplains, directors of prisons, officers and employees of penitentiary units.
Teisė, Volume 116, pp 130-136; doi:10.15388/teise.2020.116.9
The subject of this article are the legal and criminal aspects of regulating access to firearms. This issue has become extremely important in recent years for sociality. Furthermore, the availability of firearms has been widely discussed in Poland.
Teisė, Volume 116, pp 36-50; doi:10.15388/teise.2020.116.3
The article examines to what extent and how the protection of socioeconomic rights can be and is actually effected under the ECHR. This is done taking into account the fact that only minimum protection of some socioeconomic rights is necessary for the realization of the ECHR rights.
Teisė, Volume 116, pp 72-91; doi:10.15388/teise.2020.116.5
This article analyzes the objects of verification of the constitutionality of legal acts in the Constitutional Court of the Republic of Lithuania. This article aims to reveal the development of the official constitutional doctrine of the Constitutional Court on the issue of objects (according to the different breakdowns of this doctrine highlighted in the article) of verification of the constitutionality of legal acts, which are entrenched in the Articles 102 and 105 of the Constitution of the Republic of Lithuania, and the further development of this institute inter alia in light of the 2019 amendment to the Constitution, which introduced a mechanism for lodging an individual constitutional complaint.
Teisė, Volume 116, pp 92-105; doi:10.15388/teise.2020.116.6
The article aims to reveal the issues of complicity with an unidentified person and to analyze the peculiarities of the application of this institute in the practise of the courts of all levels after the plenary session of the Supreme Court of Lithuania on January 6, 2009 when the position was formed. The issues include assumptions based on court decisions, a possible breach of the presumption of innocence against an unidentified person, and the principle of the inevitability of criminal liability is also discussed. The analysis highlighted the incompatibility of some court decisions with the provisions of criminal law, the importance of the wording used by courts and pre-trial officers, prosecutors for the presumption of innocence, and the need to maintain a balance when convicting an identified accused who was associated with an unidentified person.
Teisė, Volume 116, pp 8-23; doi:10.15388/teise.2020.116.1
Alternative Dispute Resolution (ADR) mechanisms include several procedures that allow parties to resolve their disputes out of court in a private forum, with the assistance of a qualified neutral intermediary of their choice. Arbitration and mediation are one of the most popular institutes of alternative dispute resolution. This article analyzes the legal, social, and cultural prerequisites for the development of the institutes of arbitration and mediation in Lithuania and Ukraine.