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29 results on '"Grasis, Janis"'

1. Space Law: Current Situation and Development in Ukraine and Latvia

Author

Agapova, Olena, Blumbergs, Ilmārs, Grasis, Janis, Palkova, Karina, Kacprzyk, Janusz, Series Editor, Gomide, Fernando, Advisory Editor, Kaynak, Okyay, Advisory Editor, Liu, Derong, Advisory Editor, Pedrycz, Witold, Advisory Editor, Polycarpou, Marios M., Advisory Editor, Rudas, Imre J., Advisory Editor, Wang, Jun, Advisory Editor, Nechyporuk, Mykola, editor, Pavlikov, Vladimir, editor, and Kritskiy, Dmitriy, editor

Published
2023
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10. Legal status of the honorary consular officers: Theory and practice in Latvia

Author

Grasis Janis

Subjects
honorary consuls, vienna convention, protection of consular premises, Social Sciences
Abstract

Honorary consuls are not professional diplomats, it means, they do not make a living as diplomats. They usually do live and work as well as pay taxes in the country where they operate while they do represent their native country on a voluntary/not-salaried/ basis until their appointments are revoked. Honorary consuls have limited authorization to act and conduct on behalf of their native country; they have the honour to serve their respected country and they are usually selected/appointed by their merits. Legal regime relating to honorary consular officers and consular posts headed by such officers is regulated by Vienna Convention on Consular Relations from 1963. According to the Article 59 of the mentioned convention the receiving State shall take such steps as may be necessary to protect the consular premises of a consular post headed by an honorary consular officer against any intrusion or damage and to prevent any disturbance of the peace of the consular post or impairment of its dignity. Similarly, the receiving State is under a duty to accord to an honorary consular officer such protection as may be required by reason of his official position. If criminal proceedings are instituted against an honorary consular officer, he must appear before the competent authorities. Comparative and analytical research methods are used for this paper. The author of this article proposes to introduce a special number sign for cars of the honorary consuls in Latvia, thereby showing special respect for foreign honorary consuls.

Published
2019
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13. Economic Diplomacy and International Trade

Author

ABUSERİDZE, Giga, PALİANİ-DİTTRİCH, Inga, GRASİS, Janis, ALAVERDOV, Emilia, and LİNDE, Nına

Subjects
International Relations, Uluslararası İlişkiler, European Union,General Agreement on Tariffs and Trade,Organization for Economic Cooperation and Development,World Trade Organization,World Customs Organization.,European Union,General Agreement on Tariffs and Trade,Organization for Economic Cooperation and Development,World Trade Organization,World Customs Organization
Abstract

In the following paper economic diplomacy and international trade are analyzed. The authors examine the basic components of economic diplomacy, its tools, objectives, and strategy. The article also overviews the transformation of the international trade agenda and the impact of globalization on trade policy. Multilateral initiatives in the framework of the WTO, free trade, and open market are viewed as drivers in the long run. However, against the backdrop of globalization and pandemic, economic diplomacy remains a challenge. The authors suggest the WTO elaborate agenda and start procedural actions that would set the countries' economic, trade, and investment policies in alignment with their foreign and domestic policies to address the backlash against all-embracing globalization. It is concluded that successful economic diplomacy should be grounded on a rules-based multilateral system, norms, and standards, broader foreign policy aims, bilateral and multilateral agreements, greater transparency, as well as a pluralistic approach to global rules to strengthen the multilateral trade system.

Published
2022

15. COVID-19 AND RELATED GOVERNMENT REGULATIONS' IMPACT ON EMPLOYMENT IN GEORGIA.

Author

Abuseridze, Giga, Paresashvili, Nino, Maisuradze, Teona, Gechbaia, Badri, Gvarishvili, Levan, and Grasis, Janis

Subjects
COVID-19 pandemic, GOVERNMENT regulation, COVID-19, STATE regulation, EMPLOYMENT
Abstract

Due to the pandemic, 2020 became one of the most memorable years in the world history. It affected employment as well. Georgia was one of the countries which experienced the pandemic impacts on its citizens. The unemployment rate increased by 2,1% within a year and reached 20,6% in 2021. Despite state regulations and restrictions, Georgia was among the most vulnerable countries to COVID-19 spreading. It caused severe results on employment and the whole economy. The paper aims to define and analyze the impact of COVID-19 and related state regulations' impact on employment in Georgia as well as to identify the tendencies based on the qualitative analysis of the surveys conducted in Georgia. The existing literature and available information on the impact of COVID-19 on the economy and employment is reviewed. Comparative analysis of the EU and Georgian state regulations related to COVID-19 is provided. Data used in the paper is of secondary type. Graphs are used to visualize data, and analysis of statistical observation is applied. Georgian researcher's findings are also used. Significant evaluations and analyses are drawn depending on the collected data relating to COVID-19 impact on the economy, employment and people's perception. Some authors' predictions are presented as well. [ABSTRACT FROM AUTHOR]

Published
2023

17. SPACE LAW - THE NEW SUB-BRANCH OF LAW STUDIES IN LATVIA

Author

Grasis, Janis and Grasis, Janis

Abstract

Latvia became an associate member of the European Space Agency (ESA) in 2020. The ESA is an intergovernmental organisation dedicated to the exploration of space. According to the Article II of the Convention of establishment of a European Space Agency, the purpose of the ESA is to promote, for exclusively peaceful purposes, cooperation among European States in space research and technology and their space applications, with a view to their being used for scientific purposes and for operational space applications systems. “The Space Strategy for Latvia 2021-2027” (Strategy) recently was collectively developed by the Ministry of Education and Science and the Ministry of Economics of the Republic of Latvia. It establishes a focused framework for the cooperation of Latvia with the ESA and contributes to the achievement of the objectives, priorities and actions defined in the Latvian National Development Plan 2021-2027, the National Industrial Policy Guidelines 2021-2027 and the Science, Technological Development and Innovation Guidelines 2021-2027. As it is indicated in the Strategy, Latvian higher education institutions ensure the development of an adequate base of expertise and skills in graduates to be able to serve the needs of the space sector in Latvia. It is proposed in Strategy that Universities in collaboration with local industrial partners develop higher-education courses and lifelong learning programmes to respond to the national space industry need. Novelty of the research: this is one of the first academic research concerning the possible studies of space law in the Latvian higher education institutions. Just now law studies are provided by 8 higher education institutions; but no one offers single study course on space law. The research aim is to analyse necessity to teach space law in the universities of the Republic of Latvia, taking into account the fact that Latvia now is an associate member of the ESA. The author has used descriptive, analytical and

Published
2021

18. NEW CHALLENGES FOR THE LEGAL EDUCATION IN LATVIA

Author

Grasis, Janis and Grasis, Janis

Abstract

The Cabinet of Ministers of the Republic of Latvia adopted Regulation No. 46 “Procedures for the National Uniform Professional Legal Qualification Examination” on January 15, 2019. These rules will apply to students who started studies in the course of the professional master's study programme at the autumn semester of 2019; therefore, the first exam will be in 2021. The qualification examination will have the following parts: (1) the theoretical part in which detailed answers to 15 questions are provided in writing; (2) the practical part in which five practical tasks (case -studies) are dealt with in writing. Novelty of the research: this is one of the newest academic research concerning the mentioned examination which is something new for Latvian legal education, trying to make comparision with analogous Uniform Examination in Germany. The research aim is to analyse critically the new regulations and how will it affect existing master programmes of law in the universities of the Republic of Latvia. Descriptive, analytical and deductive-inductive research methods are used. Legal acts, policy planning documents and different reports were reviewed and analyzed, and subsequently conclusions and recommendations were made. On the one hand the introduction of the mentioned examination could contribute to increasing motivation of students, to acquiring deeper and more sustainable knowledge in law study programmes, which can be assessed positively. However, it is not clear what the criteria are, the content of what the requirements will be for the methodology for evaluating the National Uniform Professional Legal Qualification Examination, which is approved by the commission itself. This could be a risk element for transparency and uniform understanding during the development of examination questions and in the evaluation process of examination answers.

Published
2020

21. The Comparison of the legal environment of business in Latvia and Lithuania

Author

Šliažienė, Renata and Grasis, Janis

Subjects
Mokesčiai / Taxation, Teismai. Teismų praktika / Courts. Case-law, Lietuva (Lithuania), Juridinių asmenų steigimas, Verslas / Business, Įmonių registravimas, Teisinė aplinka, Įmonių nemokumas, Nemokumas, Darbas / Labour. Work
Abstract

Republic of Latvia and Republic of Lithuania are important trade partners within European Union. The authors have tried to do some comparision of the legal environment of the business in the Republic of Latvia and the Republic of Lithuania. Issues of the registration of the companies, comparision of the taxation, insolvency issues as well court proceedings are covered in this article. As there are not some specific academic researches on this issue, the authors overlook normative acts of the two countries. If we compare company laws of two countries, it looks that there are not big differences concerning company registration. Both Latvia and Lithuania implements newest EU directives in the national legislation. From the research we could come to the finding that taxation of labour force is more favourable in Lithuania; it means that companies in Lithuania performs business activities in better conditions. Standart corporate income tax is 15% in Latvia, but starting from January 1st 2018, Latvia will introduce o% rate for reinvested profit; in case profit will be distributed as dividends, the personal income tax will be 20%. Lithuania has one of the smallest corporate income tax in EU for small companies - only 5%, if turnover is not more than 300 000 Euros and it has less than 10 employees. This good practise could be overtaken by Latvia. Legal protection proceedings were introduced in the latest law of the Republic of Latvia on insolvency. Probably the Republic of Lithuania has to introduce legal protection proceedings in the national law on insolvency. One or several methods shall be applied in legal protection proceedings: 1) the postponement of the honouring of payment obligations; 2) the alienation of movable property or immovable property or encumbrance with rights in rem in order to achieve the extension of the time period for meeting the creditors' claims, or satisfying of the creditors' claims; 3) the increase of the basic capital of a debtor - capital company (including the investing of the right of the creditor to claim against the debtor in the equity capital); 4) reorganisation of a debtor - commercial company; 5) other methods which comply with the objective of legal protection proceedings. National court systems are very similar in both countries. National court practise show that most cases cannot be resolved in a single court hearing. Court hearings of a case in a court of first instance may take several months, starting from the date of the registration of the application by the court. Waiting for a final judgment on the average may last up to a few years. Therefor in order to reduce the lengthy proceedings of a legal dispute in the state courts, parties to a commercial agreement may agree to resolve disputes arising from such agreement in a so-called court of arbitration.

Published
2017

22. PROBLEMS OF APPLICATION OF THE RIGHT TO DATA PORTABILITY.

Author

Kive, Marta and Grasis, Janis

Subjects
*DATA protection, *PERSONALLY identifiable information, *ELECTRONIC data processing
Abstract

The aim of the publication is to analyze the advantages and disadvantages of the right to data portability, as well as to look at them in the context of development of a legal framework for the protection of personal data. The General Data Protection Regulation entered into force on 25 May 2018 and introduced a new legal framework for the protection of personal data in the European Union, and also included several new rights, including the right to data portability. These are rights of the data subject to receive personal data concerning himself, which he has provided to the controller, in a structured, widely used and machine-readable format, and transmit this information to another controller, if it is possible. The right to data portability applies only to personal data provided by the controller to the data subject himself, and only if the processing was initially based on the consent of the user or on the basis of a contract. This means that the right to data portability is not feasible when data processing is based on another legal basis. In the context of the right to data portability, data subjects directly transmit data from one data controller to another where technically possible. The regulation does not specify what is meant by "technically feasible". The wording indicates that this should be addressed on a case-by-case basis and a dynamic interpretation of the term "technically feasible" should be ensured. This is limited because the Regulation does not oblige data controllers to accept or maintain compatible processing systems. [ABSTRACT FROM AUTHOR]

Published
2020
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26. RECOGNITION OF TRUST INSTRUMENT IN THE CONTINENTAL LAW SYSTEM COUNTRIES AND POSSIBLE INTRODUCTION IN LATVIA.

Author

Grasis, Janis

Subjects
*TRUST documents, *COMPARATIVE method, *GLOBALIZATION, *COMMON law
Abstract

The main aim of the article is to study and analyze the theoretical and practical issues of the trust essence, including the Continental law system countries, and what future development could be in Latvia taking into the account practice of the another European countries. Within the process of the research Latvian and foreign legal acts were analyzed, case - law were used and literature in Latvian, English, Russian, German, French and some other languages were looked through. There are used comparative, historical, analytical, analyze of the practice and inductive method in the research. By comparative method the trust instrument and trust - like analogous instruments compared in the different law system countries. Historical method is used in order to understand historical development of the trust and tendencies of the legal conceptions. The analytical research method is used describing some aspects of the trust elements. The method of the court practice analyze was used looking through the decisions of the courts of the Republic of Latvia and other countries. Inductive research method was used in order to describe the conclusions arising during the elaboration of the research. Considering that trust instrument is not incompatible with Continental law system, the author is of the opinion that special law on trusts for the needs of the credit institutions should be passed in Latvia. Author has given the basic guidelines of draft trust law. [ABSTRACT FROM AUTHOR]

Published
2018
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27. Old Wine in New Bottles: Latvia 1940 Compared with Crimea 2014.

Author

Grasis, Janis

Subjects
WINE bottles, WAR, LEGAL history, EUROPEAN history, MILITARY occupation, LEGISLATIVE bodies
Abstract

In late February, 2014, strange bands of armed gunmen, with no signs of a distinctive emblem belonging to any army, started to appear on the roads and streets of the Crimean peninsula in Ukraine. Later these 'little green men' began to seize government buildings in Crimea. Shortly afterwards, on 16 March 2014, the people of Crimea participated in an illegal referendum and voted overwhelmingly for their region to become a part of Russia. This vote was illegitimate, firstly as it was held under hostile Russian military occupation with no international monitoring and many reports of intimidation, secondly it was pushed through with only a couple of weeks' warning, and thirdly it was illegal under Ukrainian law. However, legitimate or not, Crimea effectively became part of Russia thereafter. Was the Russian hybrid war against Ukraine a novelty? No, a similar scenario had already taken place in Latvia in 1940. Soldiers without any signs of belonging to a particular army attacked the Latvian border checkpoint of Maslenki in the early morning of 15 June 1940. The scenario resembled that in Crimea 74 years later: a silent occupation of Latvia, a new pro- Moscow government, illegal elections to the parliament and an illegal referendum. After all these events the Soviet Socialist Republic of Latvia 'voluntarily' joined the Soviet Union on 5 August 1940. This means that Russia has re- used the same method of hybrid war against neighbouring countries for extending its territory: in practice, the cases of Latvia in 1940 and Crimea in 2014 are very similar. This chapter will be devoted to a legal analysis of both cases. Until now, the case of Latvia in 1940 has been excluded from European legal history from the point of view of specific hybrid war. [ABSTRACT FROM AUTHOR]

Published
2023
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28. Trust Regulation in the Czech Republic: the Model Law for Introduction of the Trust Instrument in the Republic of Latvia?

Author

Grasis, Janis

Subjects
INTERNATIONAL economic relations, LEGAL instruments, COMPARATIVE studies, INTERNATIONAL relations, ECONOMIC development
Abstract

In the last decades, thanks to the process of globalization, there is the diversification of forms and kinds of the economic relations. Therefore the trust instrument is used more and more in the countries where before it was practically unknown legal instrument. The author has defended dissertation paper "The Essence of Trusts, its Recognition and Legal Regulation in the Roman - German Law System Countries and Possible Introduction in Latvia" on September 12, 2008. In this dissertation paper it was advised to introduce trust instrument in the Republic of Latvia I order to improve the existing regulation in Latvia; draft law on trusts was prepared. The Czech Republic had introduced trust instrument from January 1 2014. This article will be devoted to the comparative analysis of the Czech regulation on trusts; therefore it is a very important both from academic and practical point of view. Till now there are a few researches on this theme. The survey and comparative analysis are the main methods used in the present article. Based on the comparative analysis it is recommended to use regulation of the Czech Republic and Province of Quebec in order to draft similar legislation in the Republic of Latvia. The present research is a very topical for the academics, Members of the Saeima (Latvian Parliament), practitioners in the financial and legal field. This is unique research on comparative basis, using Civil Code of the Czech Republic and Province of Quebec, the Principles of European Trust Law, the Hague Convention on the Law Applicable to Trusts and on their Recognition and existing regulation and prepared draft legislation on trusts of the Republic of Latvia. [ABSTRACT FROM AUTHOR]

Published
2016

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