Olga Regina Šostak

Preservation of Healthy and Harmonious Residential and Work Environment During Urban Development

The article discusses densification of fully urbanised territories, which causes deterioration of living conditions for tenants of neighbouring houses (third parties) due to the negative impact of construction on local environment. Specifically, detection of fundamental right violations during territorial planning is in focus, because not only third parties but also future tenants of the house being constructed suffer loss of healthy and harmonious work and recreational environment as a direct result of such violations. A classifier of fundamental right violations during territorial planning was developed for that purpose. The judicial practice was analysed; persons authorised to contest environmental violations under the Law on Administrative Proceedings and the scope of their authorisation were determined.

Modelling the process for defence of third party rights infringed while imp lementing construction investment projects

Abstract The article analyses the influence of third party rights infringed during construction planning for implementation of an investment project. It analyses the process for defence of third party rights infringed during territorial planning. The focus in this process is on third party rights and opportunities to learn about possible infringement of such rights. An analysis of detailed territorial planning procedures is also provided. The model of the proceedings of a dispute on possibly infringed third party rights has been developed. Modelling a dispute between investors and third parties was performed along with creation of the tree of behaviour variants of dispute parties. The model has been developed considering possible behaviour of the parties.

Mathematical modelling of dispute proceedings between investors and third parties on allegedly violated third-party rights

Abstract The article analyses the possible influence of third-party rights infringed during construction planning on the implementation of an investment project. In a construction project, judicial disputes are an unwanted risk factor, which may disrupt the entire project. It is therefore necessary to plan and apply preventive measures for the mitigation of such risk in the initial planning stage of a construction project. The article, for that purpose, presents modelling a dispute between investors and third persons on allegedly violated third-party rights with the help of a tree that illustrates the possible actions of the dispute parties. A mathematical model for dynamic programming the dispute on allegedly violated third-party rights has been developed; it helps to determine the optimal investors strategies for each situation that involves decision-making.

Modelling a dispute hearing between an investor and the public concerned in administrative courts of the Republic of Lithuania

AbstractThe article discusses possible effects on the success of an investment project when rights of the public concerned have been infringed during construction planning. The administrative proceedings defending the rights of the public concerned infringed during territorial planning have been analysed for that purpose. For any construction project, judicial dispute is an undesirable risk factor and can disrupt the entire project. The article, therefore, looks into an actual dispute that reached the court and took place between an investor and the public concerned. The negative effects of this judicial dispute, both on the investor and the public concerned, have been determined. The investors blunders that prevented any chance of escaping the judicial dispute and led to several years of litigation have been also determined. The article looks into the behaviour of disputing parties at various stages of the judicial dispute. Based on the research, a conceptual model was crafted to enable analysis of form...

Timely determining and preventing conflict situations between investors and third parties: some observations from Lithuania

The article analyses the possible influence of third-party rights infringed during construction planning on the implementation of an investment project. It analyses the process for defence of third party rights infringed during territorial planning. The focus in this process is on third party rights and opportunities to learn about possible infringement of such rights. In a construction project, judicial disputes are an unwanted risk factor, which may disrupt the entire project. It is therefore necessary to plan and apply preventive measures for the mitigation of such risk at the initial planning stage of a construction project. For that end, the article presents some principles of behaviour and actions that could help investors and third parties to solve conflicts, reduce their negative outcomes or reach an arrangement satisfactory to both disputing parties.