The Influence of Legislation on the Effectiveness of Extremities Management
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Abstract
In every State because of natural, technical, ecological or social hazards can emerge extreme conditions causing a danger to human lives, health, property or nature, peace. The Authorities are responsible to protect people, property and State affairs from the impact of extremities. In order to ensure public safety and peace can be needed to transform governing of State, to restrict some Human rights and freedoms, to apply some extraordinary powers. A State should prepare for these changes in advance.
One of the main elements influencing preparation for ruling in extreme conditions is juristical regulation of states of Emergency and War.
Lithuanian legislative works on solving these problems - it has carried States of Emergency and War laws, other acts elaborating the laws. However, the pieces of legislation have some defects. These could complicate Lithuania’s transition from normal state to states of Emergency or War and reduce efficiency and effectiveness of government of State in extreme conditions.
Using the traditional and content analysis of documents, decomposition of processes methods, the article provides information on possible hazards and their features causing implementation of states of Emergency and War. The article analyses particularity of governing of State in extreme conditions. The schemes of institution of extraordinary states and readjustment of management of State are presented.
The article introduces Institutions taking a part in decision making to implement states of Emergency and War, managing and localizing extremities. Also it analyses roles of military units, commandant offices and defensive mobilization.
There are pieces of Lithuanian legislation on states of Emergency and War introduced. The article analyses the laws, other acts and evaluates antinomy, inadequacy, lack of rules and other shortcoming.
During the research, it came up that: - not clear enough are regulated procedures of including the extraordinary states;
- there are lack of rules determining powers, functions, responsibilities of authorized institutions;
- co-operation between different level’s institutions in some cases is regulated not clear enough;
- there are some inaccurate regulations relate to application of extraordinary powers and restriction of Human rights;
- imperfect rules of executing functions of local government and commandant offices in states of Emergency and War take place in the laws;
- there are some antinomy and missing rules bound up with law and order in extraordinary states;
- not perfect enough are regulated formation and use of mobilization reserves, execution of mobilization etc.
The article evaluates mentioned missing rules, antinomy or defects and explains what possible problems could arise in states of Emergency and War because of incomplete laws.
Conclusions of the article summarise the main possible juridical problems of governing of State in states of Emergency or War and proposes how to escape these problems.
One of the main elements influencing preparation for ruling in extreme conditions is juristical regulation of states of Emergency and War.
Lithuanian legislative works on solving these problems - it has carried States of Emergency and War laws, other acts elaborating the laws. However, the pieces of legislation have some defects. These could complicate Lithuania’s transition from normal state to states of Emergency or War and reduce efficiency and effectiveness of government of State in extreme conditions.
Using the traditional and content analysis of documents, decomposition of processes methods, the article provides information on possible hazards and their features causing implementation of states of Emergency and War. The article analyses particularity of governing of State in extreme conditions. The schemes of institution of extraordinary states and readjustment of management of State are presented.
The article introduces Institutions taking a part in decision making to implement states of Emergency and War, managing and localizing extremities. Also it analyses roles of military units, commandant offices and defensive mobilization.
There are pieces of Lithuanian legislation on states of Emergency and War introduced. The article analyses the laws, other acts and evaluates antinomy, inadequacy, lack of rules and other shortcoming.
During the research, it came up that: - not clear enough are regulated procedures of including the extraordinary states;
- there are lack of rules determining powers, functions, responsibilities of authorized institutions;
- co-operation between different level’s institutions in some cases is regulated not clear enough;
- there are some inaccurate regulations relate to application of extraordinary powers and restriction of Human rights;
- imperfect rules of executing functions of local government and commandant offices in states of Emergency and War take place in the laws;
- there are some antinomy and missing rules bound up with law and order in extraordinary states;
- not perfect enough are regulated formation and use of mobilization reserves, execution of mobilization etc.
The article evaluates mentioned missing rules, antinomy or defects and explains what possible problems could arise in states of Emergency and War because of incomplete laws.
Conclusions of the article summarise the main possible juridical problems of governing of State in states of Emergency or War and proposes how to escape these problems.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
