Teisė 2021-12-08T09:31:37+00:00 Gintaras Švedas Open Journal Systems <p>Founded in 1957 and dedicated to publishing articles on theoretical and practical issues of law.</p> Editorial Board and Table of Contents 2021-12-08T09:31:37+00:00 Gintaras Švedas 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors Lay Evaluations of Restraints and Prohibitions During the 1st Wave of the COVID-19 Pandemic in Lithuania 2021-12-08T09:31:35+00:00 Gintautas Valickas Gintaras Švedas Kristina Vanagaitė Dovilė Barysė <p>The article analyzes how, during the 1<sup xml:lang="en-GB">st</sup>&nbsp;wave of the coronavirus pandemic, participants of a study (n&nbsp;= 331) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, and the perceived fairness of the behavior of other people during the pandemic. The article also studies the relationships among these assessments, including the related well-being and sociodemographic characteristics.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors Court Decision Contra Legem or an Application of the Principle of Proportionality in Concreto? 2021-12-08T09:31:34+00:00 Asta Dambrauskaitė <p>The article analyses cases of non-application of a national legal rule by cassation court judges hearing civil cases where, based on the analysis of concrete circumstances, the application of such a rule, in the opinion of judges, would lead to an infringement of the principle of proportionality and the European Convention on Human Rights. Decisions of two courts of cassation belonging to the continental law tradition (the Lithuanian Supreme Court and the French Court of Cassation) illustrate such a control of the application of the principle of proportionality&nbsp;<em>in concreto</em>. While national law is subject to an increasing impact of the case law of supranational courts, the legitimacy of such national court decisions is discussed also in the context of the transformations taking place in regard to the role of a judge.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors The Relationship Between Initial Tender and Mini-Competition: EU and Lithuanian Perspectives on Framework Agreements 2021-12-08T09:31:32+00:00 Marta Andhov Deividas Soloveičik <p>The article conducts a comprehensive scholarly analysis of framework agreements&nbsp;– a public procurement technique often used across different European jurisdictions. Besides examining the general legal framework of the EU and Lithuanian law on framework agreements, the article also examines the newest EU case law. The authors analyse the relationship between the initial tender procedure establishing the framework agreement and the subsequent mini-competition that follows under the former to award the public contract. In contrast to the Lithuanian legal regulation and related case law, the authors argue that these two stages are interconnected and must be viewed as a unified part of the same procurement process in line with European legal doctrine. Finally, the article highlights the differences between framework agreements and public contracts.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors Solving Cases of Historical Justice: How Lithuanians Defended Their Tribe 2021-12-08T09:31:31+00:00 Giedrė Lastauskienė <p>The article raises the problem of the distinction between the law and laws arising from changes in legal order or other fundamental social changes. The legal doctrine and case-law relating to cases of historical (transit) justice are examined in the context of the examples of Germany and Lithuania. Under investigation is the model of punishment of persons who collaborated with Soviet occupiers and contributed to the elimination of participants of the resistance movement, implemented in Lithuania, revealing the factors influencing the change in this model.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors Procedural Aspects of Admissibility of Evidence in Criminal Proceedings 2021-12-08T09:31:30+00:00 Audrius Juozapavičius Erika Leonaitė <p>The article examines different models relating to procedural aspects of inadmissibility of evidence, identifies the main features and drawbacks of the Lithuanian model, and provides suggestions for its improvement.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors The Status of Soft Law in Interpreting the Lithuanian Constitution 2021-12-08T09:31:29+00:00 Donatas Murauskas <p>In this paper, I examine the status of soft law in the official interpretation of the Lithuanian Constitution. The “living constitution” doctrine dominates the Lithuanian constitutional scholarship.&nbsp;I question this dominance by providing insights on the essence and application potential of the alternative methodology&nbsp;– the doctrine of originalism. Based on originalistic approach, I doubt the normative claim made in Lithuanian constitutional scholarship that soft law could be considered as a mandatory source of interpretation of the Lithuanian Constitution.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors The Protection of the Fundamental Procedural Rights of Business Entitiesby Applying Sanctions and the Results of the Legal Systematization of These Rights 2021-12-08T09:31:29+00:00 Eimantė Pogužinskė <p>The present article analyses the extent of influence the adopted Article of the Law on Public Administration of the Republic of Lithuania (Art. 36<sup xml:lang="en-GB">8</sup>, currently Art. 37), which systematises the basic procedural rights of business entities, has on the protection of business entities’ procedural rights, which are assured by the Supreme Administrative Court of Lithuania in its case law. The precise provisions invoked as basis for procedural rights protection in the case law of the Supreme Administrative Court of Lithuania regarding sanctions imposed on business entities are showcased. Furthermore, the results and plausible reasons for the application or non-application of procedural rights systematized in the Law on Public Administration are appraised.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France 2021-12-08T09:31:27+00:00 Sviatoslav Kavyn Ivan Bratsuk Anatoliy Lytvynenko <p>This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.<br>At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors The Role of International Organizations in Maintaining Environmental Security 2021-12-08T09:31:26+00:00 Viacheslav Volik Olha Bespalova <p>The conducted research aims to determine the role of international organizations in the field of maintaining environmental safety. It is concluded that the relevance of the activities of international environmental organizations, governmental and non-governmental, both individually and collectively, make an important contribution to the processes of ensuring and maintaining environmental safety throughout the world, showing the need to disseminate environmental education, invest in environmental projects, increase society’s involvement in cooperation at the national and international levels, update scientific theoretical and practical research, and preserve natural heritage for future generations.</p> 2021-12-08T00:00:00+00:00 Copyright (c) 2021 Authors