Teisė

Legal Personhood for Artificial Intelligence: Pro, Contra, Abstain?

2022-03-30T09:36:25+00:00

This article is about the legal personhood of artificial intelligence as one of the existing options of regulating AI and coping with the challenges arising out of its functioning. It begins with the search for the definition of AI and goes on to consider the arguments against the legal personhood of AI, the options of such a legal personhood, and the factors taken into account in devising the legal personhood of AI. The article ends with our vision of the legal personhood of AI.

Medical Liability in the First Period of Independence of Latvia (1918–1940)

2022-03-30T09:36:26+00:00

The aim of the paper is to investigate the development of medical law and jurisprudence in the Republic of Latvia during its First Period of Independence (1918–1940), with a particular focus on the liability of doctors for instances of negligence that occurred during the fulfillment of their professional duties. The author seeks to identify the main routes of the emergence of medical liability in the Republic of Latvia, the influence of the laws and legal precedents on the adoption of national legislation relating to medical liability, and the development of case law relating to medical malpractice by Latvian courts during the First Period of Independence.

The Concept and Application of Anti Suit Injunction in Civil Proceedings of European Union Member States and Lithuania

2022-03-30T09:36:26+00:00

This article analyzes the concept, origins and application of anti suit injunction. The author examines possibilities of applying anti suit injunction in the case law of the Court of Justice of the European Union and in the case law of individual Member States – Germany and France. After evaluating the examples of foreign court practice, a legal assessment of a possibility to apply anti suit injunction in Lithuanian court practice is presented.

Interaction of EU Financial Interest and Legal Principles in EU Criminal Law

2022-03-30T09:36:27+00:00

This article examines the intersection differing the supremacy of law, the effectiveness of the protection of the financial interests of the European Union, and the principles of legality the same as predictability of the law in EU criminal law. The authors analyze the jurisprudence of the Court of Justice, assessing cases where the principle of the supremacy of EU law is applied to ensure the effective protection of the Union’s financial interests and where the ECJ imposes mandatory exceptions to this principle for national courts. In order to strike a balance between the principles of effectiveness and legal predictability, different liability conditions are assessed for a natural person and a Member State that fails to fulfill its obligation to protect the EU’s financial interests.

International Peace and Security in Maritime Domain

2022-03-30T09:36:33+00:00

The research aims at establishing which activities or situations in maritime domain, which threaten maritime safety and / or maritime security, fall within the concept of international peace and security. Having demonstrated the validity of the international law principles that safeguard international peace and security in maritime area, the research reveals a changing list of the threats to international peace and security, which now encompasses activities and situations at sea, including terrorism, sea piracy and armed robbery against ships, proliferation of weapons of mass destruction, etc. A maritime space safe from such kind of threats generally means maritime security. Thus, a great part of the threats to maritime security are or may constitute threats to international peace and security, subject to their recognition as such threats by the United Nations Security Council in its resolutions. Usually such threats also pose risk to maritime safety (safety at sea, safety of navigation, ships, crew and passengers); however, any threat to maritime safety does not necessarily endanger maritime security or amount to the threat to international peace and security.

The Legal Status of Members of a Legal Entity in Bankruptcy Proceedings

2022-03-30T14:47:57+00:00

This article examines the problems of the legal status of members of a legal entity in bankruptcy proceedings. The article discusses the interest of member of a legal entity in the bankruptcy proceedings and what circumstances justify their participation in this process. The rights and obligations of members of a legal person at the stage of initiation and execution of bankruptcy proceedings are also examined. It analyzes the actions that can be taken by members of a legal entity in order to restore the solvency of the legal entity and terminate bankruptcy proceedings. The article also analyzes the problems of the position of an individual company owner in the bankruptcy proceedings of an individual company.

The Concept of the Admissibility of Evidence in Lithuanian Civil Procedure and Arbitration

2022-03-30T09:36:31+00:00

This article analyzes the concept of admissibility of evidence in Lithuanian civil proceedings and arbitration. The first part of the article reviews the past and current legislation, case law and doctrine, which reveal the concepts of the admissibility of evidence in both civil and arbitral proceedings.
The second part of the article provides a critical assessment of these concepts. It is proposed to improve the concept of the admissibility of evidence in civil proceedings, and an alternative of this concept is presented. As far as arbitration law is concerned, it is acknowledged that the concept of the admissibility of evidence in arbitration causes legal uncertainty in the proceedings, which forces to consider possible corrections to this concept.

Norman Doe’s Proposed Typology of Church-State Interaction and Its Applicability to Comparative Constitutional Law Research

2022-03-30T09:36:30+00:00

This article examines the types of church-state interaction and their main features found in Lithuanian and foreign legal literature and highlights the three-tier typology of church-state interaction as formulated by Norman Doe, revealing the constitutional problems of its applicability and assigning specific theoretical types to individual states.

The Political Regime of the State According to 1918–1919 Lithuanian Constitutional Acts

2022-03-30T09:36:30+00:00

The article deals with identifying provisions of the 1918–1919 Lithuanian Constitutional Acts, which entrench the democratic political regime of the state. It discloses and assesses their dynamics, describes the nation’s sovereignty, elements of direct and representative democracy, and parliamentarism.

The Image of Lithuanian Public Prosecutors and Prosecutorial Offices

2022-03-30T09:36:29+00:00

The article examines the character, similarities and differences of the image (or its separate components) of public prosecutors and prosecutorial offices perceived by the prosecutors (n = 322), police officers (n = 113), attorneys (n = 85), judges (n = 103) and the general public representing different age groups (n = 623), as well as the relations among the image of prosecutors and prosecutorial offices, experience accumulated by participants, and sociodemographic characteristics.