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Teisė : Law
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This is an Open Access Journal

Open Access journal
ISSN (Print) 1392-1274 - ISSN (Online) 2424-6050
Published by Vilnius University

[38 journals]

Editorial Board and Table of Contents
- Authors: Gintaras Švedas
  Pages: 1 - 7
  Abstract: -
  PubDate: 2023-07-13
  Issue No: Vol. 127 (2023)
Lay Evaluations of Restraints and Prohibitions During the 1st, 2nd, and
4th Wave of the COVID-19 Pandemic in Lithuania
- Authors: Gintautas Valickas, Kristina Vanagaitė, Gintaras Švedas
  Pages: 8 - 24
  Abstract: The article analyzes how, during the separate waves (the 1st, 2nd, and the 4th) of the coronavirus pandemic, participants of a study (overall n = 1356) assessed the government-imposed restrictions, prohibitions, liabilities and penalties for non-compliance with said restrictions, the perceived fairness of the behavior of other people during the pandemic, and the changes of their assessments during the coronavirus pandemic. Obtained evidence suggests that during the Covid-19 pandemic (from the 1st to the 4th wave) the participants of the study assessed the non-compliance with restrictions and prohibitions more and more forgivingly.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.1
  Issue No: Vol. 127 (2023)
New European Union’s Regulatory Framework of the Digital Space: the
Digital Markets Act and the Digital Services Act
- Authors: Saulius Lukas Kalėda
  Pages: 25 - 42
  Abstract: With the adoption of two regulations in 2022, the Digital Markets Act (DMA) and the Digital Services Act (DSA), the European Union completed its digital services regulatory reform aimed at laying down horizontal rules applicable to the key providers of information society services, including large online platforms. Based on the legislative history, existing case law and the unfolding legal doctrine, this article examines links between the two legal instruments, key aspects of the new regulatory framework, as well as selected legal issues relating to its future application. All opinions expressed in this article are author’s personal views.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.2
  Issue No: Vol. 127 (2023)
The Effect of Time Pressure on Criminal Decision-Making
- Authors: Violeta Cimalanskaitė-Kazlauskienė, Gintautas Valickas
  Pages: 43 - 61
  Abstract: The article analyzes the effect of time pressure on the decision to commit a crime based on a dual-process approach. An experiment was conducted with the participation of 67 at least once convicted adult men. All participants examined fraud scenarios with limited and unlimited time conditions for their evaluation and decided on the consent or refusal of the actor in the vignette to commit the crime. Although the decision that the actor in the situation will commit a crime prevailed regardless of the experimental conditions, the results of this study confirm that time pressure has a significant effect on information processing. Time pressure is associated with the predominance of Type 1 (automatic, intuitive) processes and suppression of Type 2 (rational, analytical) processes, while a longer time is associated with the activation of Type 2 processes and the assessment of the long-term perspective.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.3
  Issue No: Vol. 127 (2023)
Problems of Legal Qualification and Application of Servitudes over Land
for Building Use
- Authors: Renata Juzikienė
  Pages: 62 - 76
  Abstract: The paper analyses the problems of legal qualification and practical application of servitude over land for building use. The doubts regarding the suitability of the servitude to resolve disputes between different owners of a plot of land and a building on it are raised. The reasonableness of the differences in the scope and compensation calculation of the servitude over land for use of the building determined on different grounds is analysed. Proposals for solving the problems raised in the article are made, the possibility of legal requalification and the legal consequences of it are analysed.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.4
  Issue No: Vol. 127 (2023)
Reform of Life Imprisonment in Lithuania
- Authors: Justas Namavičius
  Pages: 77 - 100
  Abstract: This article discusses the 2019 reform of criminal laws, providing for the possibility of releasing persons sentenced to life imprisonment. The legislator, establishing the model of punishment substitution instead of parole, chose a sufficiently strict regulation, and although he declared otherwise, he did not really dare to go beyond punishment as a retribution for extremely serious crimes. In addition to the historical development of life imprisonment and aspects of the theory of punishment, the work also focuses on individual release criteria; at the end, possible directions of reform are briefly defined.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.5
  Issue No: Vol. 127 (2023)
Definition of the Lithuanian Judicial Council
- Authors: Miranda Borusevičiūtė
  Pages: 101 - 117
  Abstract: The paper analyzes the institution of judges – the Lithuanian Judicial Council referred to in Article 112(5) of the Constitution of the Republic of Lithuania. The paper attempts to define this institution by considering various alternatives of interpretation of the Constitution of the Republic of Lithuania and at the same time assessing the interpretation of this document made by the Constitutional Court of the Republic of Lithuania.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.6
  Issue No: Vol. 127 (2023)
Consumer Law and Environmental Protection: Consumer Sales Directive
2019/771 Example
- Authors: Agnė Selvestravičiūtė
  Pages: 118 - 128
  Abstract: This paper reviews principal coherence of EU Consumer law and environmental protection as demonstrated through analysis of Consumer Sales Directive. After dichotomy between EU consumer and environmental protection, and EU primary law’s obligation to coordinate these areas is assessed, rules of directive which reflect (or conversely – neglect) environmental protection goal are analysed. It is later argued that directive basically ignores Union’s quest towards sustainability. Although singular rules from directive may indeed be changed hoping it would help to fight ecological problems, taking consumer law’s role in solving ecological challenges seriously means more than fine-tuning several provisions but changing consumer law fundaments’ instead.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.7
  Issue No: Vol. 127 (2023)
Victim’s Paradigm in European Union Criminal Law
- Authors: Dāvids Gurevičs
  Pages: 129 - 139
  Abstract: The victim’s legal status and participatory rights in criminal proceedings vary among the European Union member states, which can potentially hinder the harmonisation of the field of criminal law. The aim of this article is to reveal the main features that determine the victim’s paradigm in European Union criminal law by focusing on the rights which the member states are obliged to guarantee in their criminal justice systems. Considering that criminal proceedings must result in a fair balance of interests of the parties involved, this article concludes that, in the victim’s paradigm enshrined in the European Union legal acts concerning the area of criminal law, the victim must be endowed with certain procedural rights, however, for that very reason, as an actor of the criminal justice system, the victim might be required to participate in the proceedings.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.8
  Issue No: Vol. 127 (2023)
The Doctrine of Provocation Defence and a Murder Based on Jealousy
- Authors: Vukian Slavković
  Pages: 159 - 170
  Abstract: The paper presents the essential characteristics of the qualification of murder motivated by a jealousy in modern comparative legislation. Since this topic causes special attention of legal theory, the author has conducted research which has shown that three approaches represent different doctrinal opinions.
  PubDate: 2023-07-13
  DOI: 10.15388/Teise.2023.127.10
  Issue No: Vol. 127 (2023)