Teisinis nihilizmas: jo priežastys ir įveikimo galimybės Lietuvoje ; Legal nihilism: it's causes and possibilities to over come it in Lithuania

Abstract

Lithuanian society adopted Constitution of the Republic of Lithuania 15 years ago, where it have been fortified, that Lithuania will strive for an open, just, harmonious civil society and State under the rule of law. But the legal, social, economical, political systems, which have been developing for the last two decades in our independent state, proclaim that in our society have settled such system of values, where law as a social value has been ingnored and declined. There have been analyzed the phenomenon of legal nihilism, it's causes and the possibilities to overcome it in Lithuania in this work. The main causes and sources of legal nihilism are: the predominant ideology of legal positivism in our society, which claims that legal validity must be strictly separated from questions of morality, faulty law-making process, breach of constitutional regulation, unsettled institucijon of civil society, the lack of vision of common social – economical programmme, poor reputation of judiciary power, savage competition of political powers, outspread phenomenon of corruption. There have been suggestions to solve the problem of legal nihilism by integrated process in the work. Foremost, there have to be assumed all measures, which stimulate the formation of legal conscious and rise of legal culture in our society. Lots of social factors evidence the need of situations for civil society, because only an opened, democratically thinking, leading, actively defending human rights citizen is the foundation of State of rule of law. Faulty law-making and application of law processes certainly became the sources of legal nihilism phenomenon. There has to be expanded the boundaries of jurisdiction of Constitutional Court; this change would help to overcome the phenomenon of legal nihilism in Lithuania. In Lithuania there are a lot of persons, specially officials of the government, easily avoid legal liability and this practise doesn't help reinforce the authority of law. There has to be assumed all social, legal and political instruments which would help secure efficiency of the principal of inevitability of responsibility.