ISSN / EISSN : 1392-1274 / 1392-1274
Published by: Vilnius University Press (10.15388)
Total articles ≅ 804
Latest articles in this journal
Teisė, Volume 124, pp 55-66; https://doi.org/10.15388/teise.2022.124.4
This article purports to determine the legal nature of data (personal data and nonpersonal data) and to find out which approach (propertization or exclusive rights theory) may be used to arrange the trade of data. It begins with the analysis of the notion of data and their various types and goes on to analyze modern concepts and theory explaining who the data may be attributed to and on which grounds data may be transmitted and acquired. In this context two theories are considered: a so-called theory of propertization of data and the theory of exclusive rights. Based on this analysis the approach to the legal determination of the legal nature of data and rights to them is introduced.
Teisė, Volume 124, pp 67-80; https://doi.org/10.15388/teise.2022.124.5
The article analyzes the conceptual principles, opinions and ideas for understanding the essence of forensic science private theory, namely: forensic prevention concept is considered. The empirical prerequisites for the emergence and development of forensic research have been investigated: accumulation of empirical facts in the theory of forensic science and other sciences, manifestation of integration processes. Theoretical and applied foundations of expert prevention private theory are formulated.
Teisė, Volume 124, pp 107-116; https://doi.org/10.15388/teise.2022.124.8
The aim of the paper is to research the interrogation in Ukrainian criminal procedure with a particular focus on the use of pretrial testimonies in trial. The author seeks to identify the main problems of procedure of interrogation and grounds of use testimonies in trial. The draft amendments of interrogation and doctrine views are discussed. The conclusions of article are the propositions for review of the use of pretrial testimonies in trial for testimonies of children and testimonies in wartime.
Teisė, Volume 124, pp 168-174; https://doi.org/10.15388/teise.2022.124.14
The purpose of the article is to analyze the positive judicial practice that has developed in the field of applying the terms of pre-trial investigation of criminal misdemeanors, highlight gaps in legislation, as well as develop proposals for improving the current Criminal Procedure Code of Ukraine.
Teisė, Volume 124, pp 156-167; https://doi.org/10.15388/teise.2022.124.13
The article considers the analysis of construction of spatial (floor) property, which assumes the existence of real property rights to individual premises in buildings in relation to such rights with the right to the building as a whole.
Teisė, Volume 124, pp 39-54; https://doi.org/10.15388/teise.2022.124.3
The paper aims at the revealing of the possible manifestations of foreign element in a succession of a share in a limited liability company registered in Ukraine; distinguishing the issues which should be governed by lex societatis and lex successionis; determining of lex societatis and lex successionis as well as international competence of notaries and international jurisdiction of courts in the matters of succession of share in a limited liability company registered in Ukraine. To achieve this aim the paper analyses some bilateral international treaties of Ukraine on legal assistance and the Law of Ukraine On Private International Law. The solution of the issues which have not been solved in Ukrainian law was offered taking into consideration the solutions of the Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, as well as the law of Germany, France, the Netherlands and Switzerland.
Teisė, Volume 124, pp 219-230; https://doi.org/10.15388/teise.2022.124.20
The Convention for the Protection of Human Rights and Fundamental Freedoms (the Convention) takes an important place in the doctrine and practice of criminal law of Ukraine and other countries. However, it could present some differences in interpretation of the provisions of the Convention in the Ukrainian legislation and in the practice of the European Court of Human Rights (ECHR). The aim of the article is to approximate national criminal law to international standards and the practice of the ECHR. The object of the article is essence of Criminal Law in the practice of the ECHR.
Teisė, Volume 124, pp 125-132; https://doi.org/10.15388/teise.2022.124.10
The article is devoted to the study of legal nature of the mechanism for association of legal entities. Such associations of legal entities are realized in order to attract not only capital and other production resources, including labor, but also in order to satisfy nonproperty interests.Legal capacity of legal entities in the process of their merger is analyzed, based on what – statutory or contractual – association of corporations is determined. The statutory association does not lead to the creation of another fiction other than a legal entity, due to which it is ensured through its inherent organizational legal forms. The contractual association does not require the formation of a new legal entity (concern, consortium, association (union), syndicate, conglomerate, cartel, pool).In the event of such consolidation of legal entities, the contractual structure of a simple company or other joint activity is formed, formally close to such person at law as a legal entity. The difference between the above procedure of merging from the first option lies in the degree of autonomy of the members from each other, as well as in the expected result of such merger.
Teisė, Volume 124, pp 213-218; https://doi.org/10.15388/teise.2022.124.19
The article is about the phenomenon of guilt as measure of the public and private law. The guilt originally expresses itself as based on the causality. The legal science considers the guilt as the psychological attitude of the human Being, who has committed the offence towards its social consequences. The guilt as causal relation is localized between intent or negligent deed and caused damage. The form of guilt (intent or negligence) is a marker which allows us to distinguish the areas of private law and public law. The gross negligence is “gray area” between public and private law. So, the true ground of the civil responsibility is guilt as causa, and the determination of guilt as psychical attitude to the deed and its consequences is valid to the area of public law only.
Teisė, Volume 124, pp 22-38; https://doi.org/10.15388/teise.2022.124.2
The protection of personal data is the most important legal standard for the use of biometric data. Fingerprints are personal biometric data in accordance with Article 9 (1) of the GDPR. It is also a category of personal data that needs to be processed specifically in order to ensure the right to the protection of personal data and to reduce the risk of its restriction. The problem discussed in this study is fingerprint processing in the workplace.