scholarly journals Victims of Parental Kidnappings in Light of Polish Criminal Law (Based on the Results of Case Law Research)

2018 ◽  
Vol 6 ◽  
pp. 86-100
Author(s):  
Diana Dajnowicz-Piesiecka
Keyword(s):  
Full Article ◽  
Criminal Law ◽  
Case Law ◽  
English Abstract ◽  
Criminal Case ◽  
Criminal Cases ◽  
Parental Kidnapping ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] This paper concerns the victims of parental abductions in Poland. The aim of the article is to present the victims of parental abductions in the light of the Polish criminal case law. The study has an empirical character because it presents the results of research carried out using a criminal case law analysis. The study included 59 criminal cases concerning the parental kidnapping of a child. The research revealed that the Polish law treats the person from whom the child was kidnapped as a victim of parental kidnapping. Interestingly, the child is not considered a victim. Based on the research, a conclusion was formulated that parental abductions are not only the result of disputes between the parents of a child, but that children can also be abducted from the care of other people, for example, the directors of orphanages or grandparents who look after the children. This article argues that parental abductions are not only a problem for families but also for institutions professionally involved in childcare.

Errors in the Application of the Criminal Law on Certain Corruption Crimes in Practice of Appeal and Cassation Courts

2020 ◽  
Vol 6 ◽  
pp. 72-80
Author(s):  
A. V. Galahova ◽  
Y. I. Antonov ◽  
Keyword(s):  
Criminal Law ◽  
Criminal Case ◽  
Criminal Cases ◽  
Retroactive Effect

The article is devoted to systematization of generalized appeal and cassation practice on errors in criminal cases of corruption crimes in 2017–2018. Errors are systematized in such areas as the unfairness of the sentence; the absence of a crime in the act; inconsistency of the conclusions of the court set out in the sentence, the actual circumstances of the criminal case; incorrect application of the provisions of the criminal law in time and its retroactive effect.

scholarly journals The Philosophical Mea Culpa of the Icons of the Death of the Author

Problemos ◽  
2019 ◽  
Vol 95 ◽  
pp. 105-116
Author(s):  
Nysret Krasniqi
Keyword(s):  
Full Article ◽  
English Abstract ◽  
Literary Canon ◽  
Literary Identity ◽  
Death Of The Author ◽  
Article Abstract ◽  
Literary Legacy

[full article, abstract in English; abstract in Lithuanian] We will hereinafter discuss the author’s philosophy on gnoseological and historical premises. More precisely, by exploring the genealogy of the idea of the “Death of the Author” from modernism to postmodernism, we will analyse the concepts and ideologies that have become the stratagem of the denial of western literary canon, as well as the denial of equilibrium between philosophical and literary identity and universality. By treating the works of philosophers, authors, and fundamental semiologists who perpetuated the idea of the Death of the Author, we will observe how the latter gradually fled from the philosophy of doubt and as mea culpa admitted that without the author’s authority the philosophical and literary legacy is no longer the theatre of memory, but the abyss of oblivion. Moreover, with fundamental examples, we will observe the influence of this philosophy in the process of studying of the literature.  

scholarly journals Motor Third Party Liability after CJEU Interpretation of the Directive 103/2009/EC in Vnuk Judgment

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 130-144
Author(s):  
Olga Shevchenko
Keyword(s):  
European Union ◽  
Full Article ◽  
Third Party ◽  
English Abstract ◽  
The European Union ◽  
Court Of Justice ◽  
Motor Insurance ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] The aim of this article is to assess the consequences of the interpretation of the terms ‘vehicle’ and ‘use of a vehicle’ in the light of the case of Damijan Vnuk v Zavarovalnica Trigalev (C-162/13) the Court of Justice of the European Union (CJEU) in accordance with the objectives set out in the Motor Insurance Directive.

scholarly journals Enforcement of Mediated Settlement Agreements

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 205-217 ◽  
Author(s):  
Miglė Žukauskaitė
Keyword(s):  
Full Article ◽  
Comparative Analysis ◽  
English Abstract ◽  
Settlement Agreements ◽  
Enforcement Mechanisms ◽  
Article Abstract ◽  
The Eu

[full article, abstract in English; abstract in Lithuanian] Upon the recent finalization of the Singapore Mediation Convention, a comparative analysis is conducted in the article between the newly prepared instrument and two other international enforcement mechanisms of mediated agreements offered by the EU Mediation Directive and SIAC-SIMC Arb-Med-Arb protocol, both currently in force.

scholarly journals Reform of Civil Justice in Ukraine: A Differentiation of Action Proceedings and Review of Court Decisions

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 234-245
Author(s):  
Iryna Izarova
Keyword(s):  
Full Article ◽  
English Abstract ◽  
Court Decisions ◽  
Civil Justice ◽  
General Review ◽  
New Approaches ◽  
European Standards ◽  
Court Of First Instance ◽  
Further Development ◽  
Article Abstract

[full article, abstract in English, abstract in Russian] During the reform of 2014–2017 Ukrainian legislation was approved significantly, among them the Constitution, laws, related to judiciary and litigation, enforcement as well. The advocacy reform is last. This has led to the evolutionary renewal of justice in Ukraine, which was positively faced by the international community. This article proposes to consider some components of civil justice reform, which were substantially updated, as well as to analyse their compliance with international and European standards. This refers to (1) a general review of judicial statistics and (2) new approaches to the trial of a court of first instance – order, simplified, general proceedings, criteria for demarcation of civil cases (3), and (4) peculiarities of settling a dispute with the participation of a judge. The conclusions summarize the most progressive results of reforms, as well as make suggestions on further development of the potential of civil justice.

scholarly journals Taxation of Gratuitous Acquisition of the Ownership of Tangible Property and Property Rights in Polish and Lithuanian Tax Legislation Selected Problems

Teisė ◽  
2019 ◽  
Vol 111 ◽  
pp. 218-233
Author(s):  
Stefan Babiarz
Keyword(s):  
Full Article ◽  
Property Rights ◽  
Income Tax ◽  
Assessment Process ◽  
Personal Income Tax ◽  
Family Conflicts ◽  
Inheritance Tax ◽  
Tax Legislation ◽  
Polish Law ◽  
Article Abstract

[full article, abstract in English] The comparison of the inheritance tax legislation in Poland and Lithuania shows clearly that inheritance tax is a simple tax, with no special legal or financial complexity. Therefore, there are no serious issues concerning the assessment and/or payment of the tax. The assessment process and the amounts of the tax are taxpayer-friendly. It is worth noting solutions such as a 30% reduction in the taxable amount, no deduction of debt and charges, no complicated procedure for determining the taxable amount, respecting the double taxation avoidance principle, or the fact that no tax liability in respect of inheritance tax may re-arise.The case is not the same with the Polish Gift and Inheritance Tax Act. The only advantage of the Polish law, as compared to the Lithuanian law, is that the scope of taxable property is broader and, therefore, the higher, personal income tax would not apply to many types of the taxable property.The author expects this paper to be the first is a series of papers introducing Polish taxpayers, tax authorities and legislative bodies to legal solutions relating to the taxation of gratuitous acquisition of tangible property and property rights in other European countries. The Polish Gift and Inheritance Tax Act is a highly complicated piece of legislation. Its complexity causes tax disputes and does not encourage good relations between taxpayers and tax authorities. What is more, it is often the source of family conflicts.

Future, or On the Redemption of Nature after Schelling and Nietzsche

2017 ◽  
pp. 8-17
Author(s):  
Emilio Carlo Corriero
Keyword(s):  
Full Article ◽  
English Abstract ◽  
Being And Time ◽  
Western Philosophy ◽  
Philosophy Of Nature ◽  
The Past ◽  
New Beginning ◽  
The Future ◽  
Time And Being ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] It is starting from the role recognized and attributed to nature by Schelling and Nietzsche that one understands the renewed relationship between being and time at the basis of the possibility for the new beginning of Western philosophy, prophesized by Heidegger in 1936. For both, the possibility of the very future passes by the necessary redemption of the past (that is an extreme liberation from its conceptual hypostatization) through a form of love for the All, which is possible to recognize only with a philosophy of nature that is able to show the “unprethinkable” ground of being and its eternal dynamics as potential potentiae. Only on the basis of this potentia potentiae of the “unprethinkable” past, the “coming event” of the future becomes possible, as well as that renewed relation between time and being, which permits a new beginning for Western philosophy.

scholarly journals Why Kant is a Weak Conceptualist

Problemos ◽  
2019 ◽  
Vol 95 ◽  
pp. 81-93
Author(s):  
Ruslanas Baranovas
Keyword(s):  
Full Article ◽  
English Abstract ◽  
Significant Attention ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] The question whether Kant is a conceptualist has attracted significant attention of Kant scholars in recent decades. I present all three dominant positions in the debate (strong conceptualism, weak conceptualism, nonconceptualism) and argue that strong conceptualism and nonconceptualism are less plausible interpretations of Kant’s philosophy. I argue that the first cannot explain Kant’s commitments related to the incongruents, animals, and infants. The second one, meanwhile, cannot explain Kant’s argument on causation against Hume. At the end of the paper, I try to show that the key to a plausible and convincing interpretation of Kant as a weak conceptualist is the distinction between categories and empirical concepts.

scholarly journals The Translation Scene in Latvia (Latvian SSR) during the Stalinist Years

2018 ◽  
Vol 11 ◽  
pp. 76-99
Author(s):  
Andrejs Veisbergs
Keyword(s):  
Full Article ◽  
20Th Century ◽  
English Abstract ◽  
Extensive List ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] In this paper the author continues to explore the translation scene in 20th century Latvia (Veisbergs 2016a). The period under discussion covers 1945–1953, the years of Stalin’s rule after WWII until his death in 1953. The translation situation is described by discussing nationalisation and centralisation of publishers, book liquidation, censorship, ideologisation and politicisation, russification, Latvian émigré translations and other aspects of importance in an attempt to present the translation scene of the period from different angles. At the end of the article an extensive list of references is provided that can serve as an initial bibliography for more extensive research of translation practices in Latvia and beyond.

scholarly journals Television Goes Mobile: the Transformation of the Audio-Visual Media Market

2018 ◽  
pp. 3
Author(s):  
Mantas Martišius
Keyword(s):  
Full Article ◽  
21St Century ◽  
Mobile Networks ◽  
Visual Media ◽  
English Abstract ◽  
Television Content ◽  
Definition Of ◽  
The Impact ◽  
Efficient Transmission ◽  
Article Abstract

[full article, abstract in English; abstract in Lithuanian] The 21st century is often called the age of information, and the society of this age is often dubbed the society of information and news. Meanwhile, a rapid and efficient transmission of news and the prioritization of this process have become relevant at least already back in the 90s. Information volumes consumed by the society have been growing by the day. Progress in technologies and communication have eliminated time and space barriers. The aim of this article is to answer how and when linear television is going to move online and especially to mobile networks. This aim is broken down into the objective of analyzing issues pertaining to the definition of television, the overview of the impact of media convergence on television, the analysis of the issues related to the definition of television and internet television, and the analysis of prospects for linear versus internet television. The article may be relevant for media experts and analysts, media regulators, users, and the creators of internet television content.

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