Generolo Jono Žemaičio Lietuvos karo akademija

This study shall present the consequences of the paradigm shift in thinking about law that took place in Ancient Rome (primarily, but not exclusively, in the early republic). It will present what distinguished the Roman concept of law from the concept of law present in other ancient laws, and what is still a living heritage of Roman thought, even if we do not realize it on a daily basis. Roman law will be compared with other laws of the European cultural circle, and therefore, apart from ancient Greece, the so-called Eastern despotias and the state (states) of the Jews. However, it is more about ideas than specific solutions. Therefore, in the comparative material will be also included the Muslim law, although it was created after the promulgation of the Justinian Code, considered the final stage in the formation of ancient Roman law. The Muslim law is however - in a sense - an heir of Middle Eastern legislation and expresses an alternative to Roman way of thinking about law. The aim is to show not only what distinguishes Roman law from the laws that precede it or its contemporaries, but what distinguishes Roman law from other possible ways of looking at laws in general. As a research hypothesis is presented the statement that the fundamental for the development of European legal culture were not so much specific Roman normative solutions, but a change in the paradigm of thinking about law: its secularization, understood as a break with divine origin or the sanctioning of law, and its professionalization, understood as the development of a specific category professional people dealing with the analysis and interpretation of law. At the end it is presented an open question why the secularization of the law happened only in Rome and why it ever happened there although in all other analyzed legal systems the connection between law and religion was never surpassed which this did not prevent the formation of a precise and sublime law, as was the case of the Islamic world.

The aim of the comparative analysis presented here was in a way to show a catalogue of ways of handling cases in which the complainant is incarcerated. Additionally the aim of this study is an attempt at explicating the current legal status in Poland in terms of the institution of lodging complaints by detainees and its functioning, and to compile a comparative analysis in the same subject area. In addition, the aim of the study is an attempt to present de lege lata conclusions and de lege ferenda postulates in the context of the matter in question. It should be emphasized that the institution of a complaint is notoriously used by persons deprived of their liberty, which is clearly visible in the statistical analysis presented in the article. For this reason, it seems justified to undertake legislative work in cooperation with the Ministry of Justice and the Central Management of the Academy of Justice. This study uses a triangulation of the following research methods: descriptive research method, theoretical and legal method, comparative method with the elements of comparative law, and statistical method. The legal status adopted in the paper as on 30 October 2020.

This paper focuses on identifying risks in selected social facilities in relation to the possible occurrence of an emergency. Risks are dealt with for residential social facilities that provide meals all day long in the territorial scope of the city of České Budějovice. Via the application of the KARS method, selected risks are assessed using their correlations. In this way, the risks are divided into those that primarily threaten the examined social facilities, as well as risks that represent hierarchically-lower risks, or those that were assessed as relatively safe. The research investigated risks in relation to emergencies that occur when social services are provided within the cadastral territory of the České Budějovice. The KARS method was used to identify the risks that are most dangerous for social facilities. In the first stage of the analysis, group risks were ascertained that occur during the operations of individual facilities. The risks were divided into those that primarily threaten the social facilities, and to those which hierarchically represent lesser risks, or were assessed as relatively safe.

Terrorism has been one of the most prominent issues in the last three decades. Since 2001 and the attacks on September 11, terrorism has gained a global impact. Terrorism today threatens the safety of individuals more than ever. In order to combat terrorism, countries around the world have adopted various counter-terrorism strategies. The United Kingdom is one such country. Thorugh the analysis of the United Kingdom’s counter-terrorism strategy, it’s laws and decisions from both domestic and international courts, the authors of this article aim to determine whether counter-terrorism is a sustainable measure or a violation of human rights in the United Kingdom.

The paper attempts to highlight of the security crisis measures of internal and external of diplomatic mission before or after exposure of risk. Diplomatic missions represent their country, as an authority and an entity, concerning their diplomatic obligations towards the receiving State. The mission may be exposed to natural events such as earthquakes and floods or manmade events such as breaking thru a location for causing terrorism and electronic espionage. The employees, on their various levels and job positions, devotion to work and loyalty to their country, are the secret of their success in achieving the mission security. Security comes from the inside before being achieved from the outside. Working within a one-team-spirit increases the preparations for facing risk plus the incessant coordination with the receiving State governmental departments for reporting to them about any potential emergency that may occur. This increases the mutual trust between the mission of the guest country and the receiving State in crisis management. The evaluation of maintaining security success is a reflection to the receiving State power, the velocity and wisdom of the procedures taken by the mission of the guest country.

The alternative methods of dispute resolution are new field of study in Latvia. In most cases procedurial issues of these methods and their real practical application are outside any legal regulation. One of these alternative dispute resolution methods is called mediation. Person, who is responsible for the management of this process, is called mediator. The meaning of this term is known from the ancient civilization times. It is useful to understand the initial comprehension of mediation in order to sucessfully implement this process in the legal system of modern society. Nevertheless the elaboration of mediation procedure asks serious evalution of possibilites in order to completely evolve basic principles of alternative dispute resolution methods in the legal system of any country. Answering on question whether it is possible to completely realize the concept of mediation, it is necessary clearly understand, what it is and how you can use the advantages of this process in real life. Application of mediation in the Latvian criminal law obeys to the special requirements and depends on certain circumstances.

The alternative methods of dispute resolution are new field of study in Latvia. In most cases procedurial issues of these methods and their real practical application are outside any legal regulation. One of these alternative dispute resolution methods is called mediation. Person, who is responsible for the management of this process, is called mediator. The meaning of this term is known from the ancient civilization times. It is useful to understand the initial comprehension of mediation in order to sucessfully implement this process in the legal system of modern society. Nevertheless the elaboration of mediation procedure asks serious evalution of possibilites in order to completely evolve basic principles of alternative dispute resolution methods in the legal system of any country. Answering on question whether it is possible to completely realize the concept of mediation, it is necessary clearly understand, what it is and how you can use the advantages of this process in real life.

The article analyses an in-house procurement concept in the contexts of scientific doctrine, substantive law and legal practice. The Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC is discussed in the part of provisions regulating cases where a public contract between public entities is not a subject to public procurement procedures. In addition, statistical data of in-house procurements in Lithuania are presented and threats of in-house procurement concept application as well as possibilities of improvement thereof are assessed.