Dissertations / Theses on the topic 'Piktnaudžiavimas'
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Petrenko, Olga. "Piktnaudžiavimas vertybinių popierių rinka: problema, identifikavimas, prevencija." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070107_205718-63087.
Full textThis paper examines the problem of market abuse. The guidance and accompanying examples are presented to help the development of a common understanding of what constitutes market abuse. The types of market manipulations are provided, as well as, the prohibitions on such practices. The definition of non-public information is concretized and its main aspects are detailed. Furthermore, diagnostic flags and signals of possible market abuse that could be monitored by competent authorities and by market participants within the limits of their sphere of activity are proposed. The specified diagnostic flags and signals could be used to identify and prosecute market manipulation and insider trading.
Šidlauskas, Andrius. "Piktnaudžiavimo teise aspektai civilinio proceso teisėje." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152121-42718.
Full textThe object of this master thesis is the institute of abuse of rights in civil procedure. The overload of the courts and the slowness of the process – is one of the litmus papers, which points out that the doctrine of abuse of rights is not implementing properly. Frequently it is forgetting, that the regulation of this institute is dual – consists of material and procedural legal norms, thus it is mistaking when interpret or apply it. In order to bring to the light the nature of abuse of procedural rights, first of all the conception of this institute in civil law is presented. A great attention is paid to the conclusions that non-abuse of rights is the ideal combination of the other principles and one proven clear element of the definition of abuse of right (Civil Code 3.317 article 3 part) is sufficient to state that it is the case of abuse of right. On the basis of analysis of documents, logical, systematic, linguistic, teleological, historic and comparative methods, the following questions of abuse of rights established by the laws or determined by jurisprudence and case law are analyzed in the main part of this master thesis: the peculiarity of the conception of abuse of process, who can abuse, what are the ways of abuse and the remedies to prevent it. Referring to the findings of the research it is concluded that to prove the elements on the grounds of the objective criterions is sufficient to state abuse of procedural right and, for example, to refuse to protect the... [to full text]
Berberaušaitė, Giedrė. "Piktnaudžiavimas dominuojančia padėtimi Europos Bendrijų konkurencijos teisėje: atsisakymas tiekti." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20100224_114343-04905.
Full textThe essential premise when drawing a line between the legitimate refusal to deal by a dominant undertaking and its abuse of a dominant position is to file the conditions to be satisfied in refusal to deal cases and to understand their relations with different forms of refusal to deal. Therefore contrary to the common incidental analysis of refusal to deal cases, in this master thesis the conditions which are significant when deciding if refusal to deal in a specific case is to be considered abuse of a dominant position are identified and analyzed as a whole. In a master thesis the hypothesis is confirmed that in all refusal to deal cases, including essential facilities and refusal to licence intellectual property rights cases, two crucial conditions are to be satisfied – indispensability of an input and elimination of competition. The conclusion is drawn that only after satisfying these two conditions further analysis of a refusal to deal situation shall be carried on in order to decide if a refusal to deal by an undertaking is to be considered an abuse of a dominant position. The conclusion also drawn is that there is no conceptual distinction between essential facilities, refusal to licence intellectual property rights and other refusal to deal cases when attributing them to one of the respective doctrines and when identifying the conditions to be satisfied. Master thesis consists of two parts. First part analyses the concept of refusal to deal cases, different forms which... [to full text]
Jodko, Justyna. "Piktnaudžiavimo tarnyba sudėties analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20141223_182221-27266.
Full textThe Master‘s paper provides analysis of one of the criminal actions in respect of the public service and public interest, which is defined in the Criminal Code of the Republic of Lithuania, namely the abuse. First of all, the author strives to present a detailed notion of the abuse and stress that this is one of the criminal activities, which has the subject with special characteristics – he is a public servant or a person with equal powers and obligations. By such activity one intends to infringe the interests of the public service and/or public interests, as well as other legitimate benefits. The paper describes a historical course of development of regulation of the abuse by criminal laws and stresses that liability for such actions was established as early as in Lithuanian Statutes, Criminal Statute of the Russian Empire of 1903, Criminal Code of the Russian Social Federal Republic of 1940, and Criminal Code of 1961. The detailed analysis of the objective features of the abuse is submitted. Abuse of the office is separated from the exceeding of powers; grave harm, self interests and other compulsory features are described. Moreover, a great part of the paper is attributed to a definition of the subject of the crime and analysis of subjective characteristics. The arguments are based on the practice of the Supreme Court of Lithuania. In a separate part of the paper the abuse is compared to certain other criminal activities that are described in the Criminal Code. Hereby the... [to full text]
Bartkevičius, Andrius. "Piktnaudžiavimo dominuojančia padėtimi būdai pagal Europos Bendrijos konkurencijos teisę: naujausios tendencijos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2010. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2007~D_20101124_204046-94066.
Full textThe thesis is devoted to the challenging object of discussions under EC Competition Law- the methods of abuse of dominant position under EC competition law: new challenges. The thesis concentrates mainly on exclusionary abuses which is the most frequent and important category of abuses. Parallel to the EC law both – the case-law of the Lithuanian Competition Council and relevant national regulation – are considered throughout the paper. After a brief statement of grounds of choosing this topic, its actuality and novelty in EC and Lithuanian competition law in the introduction, the main part of the paper gives analysis of the concept of an exclusionary abuse under Article 82 EC, also certain metods of abuse and there development is analised. The first chapter deals with the exclusionary abuse under Article 82 EC. The Commission and European Court of Justice has provided some examples of the concept of an exclusionary abuse, however these concepts are vague and lacks legal certainty. The most precise concept of an exclusionary abuse is stipulated in the Article 82 (b) EC Treaty: limiting production to the prejudice of consumers. It offers a comprehensive test of all exclusionary abuses, distinguishing between legitimate competition and unlawful conduct. The second chapter concentrates on certain methods of abuse: predatory pricing, price discrimination, refusal to supply, rebates and tying. First, the general practice of Commission and the Court applying each method of abuse is... [to full text]
Bagdonavičienė, Inga. "Piktnaudžiavimo tarnyba sudėties analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2010~D_20140625_182229-47992.
Full textIn final paper analyzes the public servic nature of crime and the abuse of the composition (CC-228) in the wider sense: subject, subjective attributes, object atributes, objective cvidence signs, the penalty, significant harm as a consequence of the abuse ended, they were determinedaspects of the crime committed by reason of the choice of different authors, both and Lithuanian judicial practice, foreign official crime anglysis work is analyzed, abuse and other criminal offenses relating to abuse of authority or misuse of power, a ratio of two different assessment of offenses. The anglysis of the criminal misuse of the anglysis of case law phenomenon. The ai mis to reveal the official primes and violations of the differences. The analytical performance of selected historical and comparative methods. Trought a historical overview of the historical approach taken. The comparative method was used for comparing different countries, crimes against the public service. The analysis was based on judicial decisions, academic writings, various articles, criminal law literature.
Bugas, Dangiras. "Piktnaudžiavimas dominuojančia padėtimi pagal Europos Bendrijos teisę: santykis su intelektinės nuosavybės teisėmis." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20140620_200248-64453.
Full textArticle 82 of the Treaty establishes the prohibition of any abuse by one or more undertakings of a dominant position within the common market or in substantial part of it in so far as it may affect trade between Member States. The essence of intellectual property is defined by its negative rights giving rise to their holders capability to control the behavior of others and amounting to the legal exclusivity over the object of right in question, called legal monopoly. Subject to the definition of the relevant market, the said ability of controlling other‘s behavior may erect barriers to entry or extension and bring the legal monopoly of the owner of intellectual property close to the economic one. In this sense, the legal monopoly is justified in as mush as it is capable of outweighing social costs by the respective benefit. The balance between the social benefit and costs of the exclusivity, sought by the intellectual property law, in every particular case is not precise. Therefore competition law may be applied to limit the exercise of intellectual property. Article 82 of the Treaty may be applied for restricting acquisition or exercise within the meaning of either anticompetitive or exploitative abuse of intellectual property right by an undertaking holding a dominant position on the market. The European Court of Justice has held that the owner of intellectual property is not obliged to license its rights for using of them by others. However, the refusal to grant the... [to full text]
Višinskaitė, Vaida. "Sutarties dėl Europos Sąjungos veikimo 102 straipsnio reformos įtaka ES ir Lietuvos bylų praktikai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140626_204347-56052.
Full textUnderstanding that formal prohibition of some acts of dominant undertakings does not comply with economic and business realities, in 2003 the European Commission started considering possible changes in the application of article 102 of the Treaty Establishing the European Union. In 2009 it published a Communication introducing priorities in consideration of abusive exclusionary conduct. This enhances the principle of legal certainty, as due to the given framework of analysis, dominant undertakings will be able to evaluate their own actions more clearly. The reform is also important to the society as it is promised to focus on abusive behaviour, which is the most harmful to consumers. However, the real entrenchment of the new approach can only be proved by its application in cases. Therefore, the assessment of the changes evolving in practice since the very beginning of the reform is necessary for the identification of problems, their solution and further success in applying the new approach. That is what the three parts of this master thesis are aimed at. Firstly, the reform itself, its causes, problems and critics are described. It is followed by review of newest practice of European Commission and European Union courts in cases envolving anticompetitive behaviour of undertakings in dominant position. In the third part all Lithuanian cases related with exclusionary conduct since the adoption of the new Competition Act are discussed. The investigation led to the conclusion... [to full text]
Pakalnytė, Veronika. "Piktnaudžiavimo dominuojančia padėtimi būdai pagal Europos Bendrijos konkurencijos teisę: naujausios tendencijos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152127-72033.
Full textThe purpose of this master thesis is to clarify the new tendencies in treatment of abusive conduct, established in the Commission Discussion Paper on the application of Article 82 of the EC Treaty to exclusionary abuses, and their conformity with the newest case law of Community courts and Commission decisional practice in applying the Article 82 of the EC Treaty.
Ramunė, Kaduškevičiūtė. "Nesąžiningų kainų nustatymas kaip piktnaudžiavimo dominuojančia padėtimi forma." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2008. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20080226_093418-44558.
Full textThis thesis was set out to analyse the application of competition law on unfair pricing related to the abuse of dominant positions in the European Community and the Republic of Lithuania. Firstly, the study gives a definition of unfair pricing and identifies four types of such pricing: excessive pricing, “predatory” pricing, discriminatory pricing and unfair discounts and rebates. Then, it overviews the practice of the European Court of Justice, the European Commission and the Competition Council and the administrative courts of the Republic of Lithuania in hearing cases on unfair pricing. The author then lists the fundamental rules that may help to distinguish between fair and unfair pricing. The third chapter indicates the main problems faced when applying these rules in practice. The last chapter gives an overview of the application of competition law on unfair pricing following Lithuania’s accession to the EU. The author also analyses the effectiveness and quality of the implementation of competition policy and presents the fundamental judgements on and interpretations of unfair pricing in relation to the abuse of dominant positions.
Bacevičiūtė, Asta. "Nesąžiningų kainų nustatymas kaip piktnaudžiavimo dominuojančia padėtimi forma." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2006. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20060505_103908-63822.
Full textKačerauskas, Karolis. "Piktnaudžiavimo dominuojančia padėtimi, pasireiškiančio nesąžiningų kainų nustatymu esmė ir ypatumai: grobuoniškos kainodaros problema." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070102_135648-96512.
Full textUrbonavičiūtė, Aistė. "Konsuliniai imunitetai ir privilegijos: reglamentavimas ir taikymas." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2008~D_20110709_152143-95216.
Full textThe paper analyses Vienna Convention on Consular Relations, 1963; bilateral consular conventions, as well as other international and national legislation, regulating consular immunities and privileges with the emphasis on the main differences of various legal acts, as well as the application of the before-mentioned immunities and privileges. The main consideration of the paper is made on the matter of violations and abuses of consular immunities and privileges, when the states fail to fulfil their international obligations or the consular officers misuse their immunities and privileges while using them for personal benefit and avoidance of legal liability for their unlawful acts instead of applying immunities for the facilitation of the exercise of consular functions. The author uses historical, comparative and teleological methods and seeks to identify legal gaps, collisions of legal norms, interests of the states and other grounds giving access to abuses and violations of consular immunities and privileges as well as determining its misapplication. Consular immunities and privileges of consular post and consular officer as well as other consular employees are examined separately in the paper, in order to highlight its different aspects and to draw attention to the most typical problems that occur in a particular sphere. The examination of the relationship between consular immunities and privileges and human rights forms a significant part of the analysis as there is an... [to full text]
Kazakevič, Diana. "Abuse of dominant position: abusive tying practices under European Union and United States of America competition law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130205_090329-46202.
Full textŠis darbas nagrinėja piktnaudžiaujančio susiejimo praktiką ir jos sąvoką pagal Europos Sąjungos ir Jungtinių Amerikos Valstijų teisės aktus. Autorė bando nustatyti piktnaudžiaujančio susiejimo veiklos koncepciją ir rasti susiejimo teisiniam įvertinimui reikalingus elementus. Be to, autorė atlieka lyginamąją analizę Microsoft susiejimo bylos Europos Sąjungos ir Jungtinių Amerikos Valstijų teismuose, su tikslu nustatyti ar tie patys elementai abiejose jurisdikcijose lemia tapačią teismų praktiką.
Baltavičiūtė, Indrė. "Piktnaudžiavimo tarnyba sudėties analizė." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140627_163345-75375.
Full textSUMMARY The Chapter XXXIII of the Lithuanian criminal code entitled “Crimes and Misdemeanors Against Public Service and Public Interest” deals with the responsibility for the acts, whom promoters - special characteristics of the person subject - are public servants or assimilated individuals. More specifically the abuse of office is one of the offenses listed in the chapter. It is probably the offense that is the most commonly committed by public service and that attracts mainly the public interest. The offense of abuse of office is not homogeneous, but composed of different elements. The present paper analyzes and discusses in detail the composition of the concept of the offense, the origins and its evolution. Underlining the fundamental rule of historical facts, the thesis identifies abuse of office taking into account the peculiarities of legal regulation in its historical context and describes the evolution of regulatory and criminal law. Another aspect of this work is to discuss the subjective and objective sides of the abuse of office. These two parts are crucial to properly assess the nature and the penalty of the offense. The thesis also identifies the key features, according to the classified elements of the crime. The crime consequence and damage are briefly mentioned but the emphasis is made on the issues for the determination of the crime. The final analytical part is a comparative analysis between the criminal code of Republic of Lithuania and the criminal codes... [to full text]
Šaduikytė, Julija. "Sąžiningumas ir sąžininga dalykinė praktika: teisės doktrina ir teismų praktika." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_124629-67460.
Full textThe principle of good faith and fair dealing is established in the doctrines of continental law tradition countries and the international documents harmonizing contract law (UNIDROIT Principles, PECL and European Civil Code project). This principle possesses different role and volume in different countries: in Germany, good faith is especially important, while France is more concentrated on the willpower of parties, while good faith doctrine is poorly developed. The good faith and fair dealing practice was receipted from UNIDROIT Principles, Article 1.7 and established in the Lithuanian Civil Code of 2001, Article 6.158. The content of good faith and fair dealing can hardy be described a priori – it is the courts to formulate them in the context of a definite situation. Good faith and fair dealing is not widely analysed in the doctrine of Lithuanian law. This principle is thought to be understood in the objective way, as it is in UNIDROIT Principles and PECL. According to systematic explanation of the Civil Code regulations of 2001, Article 1.5, which establishes the principles of justice, rationality and good faith and the Article 6.158, part 1, establishing the principle of good faith and fair dealing are in the subordinate relation with each other. This study concludes that the Article 1.5 must be considered as lex generalis, while the Article 6.158, Part 1, must be considered as lex specialis in relation to the Article 1.5. Thus the principle established in the Article 6... [to full text]
Žalnieriūnas, Linas. "Nusikalstamų veikų vaikui ir šeimai kvalifikavimo teorinės ir praktinės problemos." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110124_131528-17903.
Full textThis Master’s Thesis solely analyzes two types of legal criminal acts chosen by the author. The examined criminal acts are as follow: The Abuse of the Rights and Obligations of Parents, Guardian or Any Other Legal Representative of a Child (LR BK 163 str.) and Child Support Evasion (LR BK 164 str.). The Master’s thesis presents the analysis of child and family protection ensured by legal criminal acts. It also provides the concept of the child and family according to the chosen criminal acts. Thus the main Children’s Rights and Fundamental Freedoms as well as violation of them are taken into consideration as the main cause of Article incrimination. The paper analyzes in depth the constituent elements of chosen criminal acts as well as enlists problematic points of qualification and suggests right legal qualification. This thesis is based on examples of case law and the results of the research done by the author.
Bakutytė, Sigita. "Pirkėjų rinkos galios vertinimas piktnaudžiavimo dominuojančia padėtimi bylose." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2010~D_20110709_152426-56387.
Full textIn this Master’s thesis “Buyer market power assessment in cases of dominant position abuse” you’ll find an analysis of one of many possible competitive pressure types, i.e. buyer’s market power. In the first part, lawful term “domination” unfolds how important evaluation of buyer’s market power is. Economic analysis of buyer market power shows that depending on market structure there are two types of buyer power: monopsony power and bargaining power. The most important evaluating buyer’s pressure on dominant seller is bargaining power. This thesis provides factors that impacts strength of buyer bargaining power which are important to Competition Agencies and case law when analyzing abuse of dominant position. From the analysis of buyer market power effects on competition we can see, that countervailing buyer power affects not only supply market, but also consumers market. This shows regulation expediency, that if this countervailing buyer power will protect all consumers from the dominating firm behavior in the market, then competitive buyer pressure in the cases of dominance will be considered sufficient. This paper presents examples of real cases associated with buyer power assessment. Also this analysis demonstrates reluctance of Competition Agencies and Courts to admit that buyer market power is sufficient to force pressure on dominating firm in a market. These examples of cases unfold important factors that play crucial role in buyer power assessment. Also, this paper... [to full text]
Ūsas, Andrius. "Nusikalstamos veikos dalyko problema nusikaltimuose ir baudžiamuosiuose nusižengimuose valstybės tarnybai ir viešiesiems interesams." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2006~D_20070102_124204-66213.
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