Suchergebnisse

The realm of inquiry of my thesis is of key importance and is becoming more and more significant in the implementation of justice as well as in ensuring the adoption of a fair court final act. The principles of judicial criminal proceedings regulate the course of criminal proceedings, justice and ensure the rights of participants in criminal proceedings. The principles of criminal case proceedings in the precedent of courts are revealed through their implementation functions. Having taken into consideration the application of the principles of criminal proceedings and the significance of them on a court final act, the following issues of the inquiry are raised: How are the principles of criminal case proceedings defined? Which final court act is considered to be a fair one? What impact do the principles of criminal case proceedings have on a final court act? How do the principles of criminal case proceedings occur in both national and international court practices? The subject of this thesis is the importance of principles of criminal case proceedings on a fair final court act. The aim of the thesis is to provide a structured doctrine, show court practice in criminal case proceedings and evaluate the significance of the principles on a fair final court act. The objectives of the thesis are to reveal the concept and content of the principles of criminal case proceedings, to define the concept of a fair final court act, to analyse national and international court practice related to the application of the principles of criminal case proceeding. The main methods of inquiry are analysis of scientific literature. Thesis analysis is based on the following acts of legislation: Constitution of the Republic of Lithuania, Criminal Code of the Republic of Lithuania, Criminal Process Code of the Republic of Lithuania, European Convention for the Protection of Human Rights and Fundamental Freedoms as well as on practice of a precedent establishing institutions: Supreme Court of Lithuania, Constitutional Court of the Republic of Lithuania, European Court of Human Rights, International Court of Justice and Court of Justice of the European Union.

The realm of inquiry of my thesis is of key importance and is becoming more and more significant in the implementation of justice as well as in ensuring the adoption of a fair court final act. The principles of judicial criminal proceedings regulate the course of criminal proceedings, justice and ensure the rights of participants in criminal proceedings. The principles of criminal case proceedings in the precedent of courts are revealed through their implementation functions. Having taken into consideration the application of the principles of criminal proceedings and the significance of them on a court final act, the following issues of the inquiry are raised: How are the principles of criminal case proceedings defined? Which final court act is considered to be a fair one? What impact do the principles of criminal case proceedings have on a final court act? How do the principles of criminal case proceedings occur in both national and international court practices? The subject of this thesis is the importance of principles of criminal case proceedings on a fair final court act. The aim of the thesis is to provide a structured doctrine, show court practice in criminal case proceedings and evaluate the significance of the principles on a fair final court act. The objectives of the thesis are to reveal the concept and content of the principles of criminal case proceedings, to define the concept of a fair final court act, to analyse national and international court practice related to the application of the principles of criminal case proceeding. The main methods of inquiry are analysis of scientific literature. Thesis analysis is based on the following acts of legislation: Constitution of the Republic of Lithuania, Criminal Code of the Republic of Lithuania, Criminal Process Code of the Republic of Lithuania, European Convention for the Protection of Human Rights and Fundamental Freedoms as well as on practice of a precedent establishing institutions: Supreme Court of Lithuania, Constitutional Court of the Republic of Lithuania, European Court of Human Rights, International Court of Justice and Court of Justice of the European Union.

The realm of inquiry of my thesis is of key importance and is becoming more and more significant in the implementation of justice as well as in ensuring the adoption of a fair court final act. The principles of judicial criminal proceedings regulate the course of criminal proceedings, justice and ensure the rights of participants in criminal proceedings. The principles of criminal case proceedings in the precedent of courts are revealed through their implementation functions. Having taken into consideration the application of the principles of criminal proceedings and the significance of them on a court final act, the following issues of the inquiry are raised: How are the principles of criminal case proceedings defined? Which final court act is considered to be a fair one? What impact do the principles of criminal case proceedings have on a final court act? How do the principles of criminal case proceedings occur in both national and international court practices? The subject of this thesis is the importance of principles of criminal case proceedings on a fair final court act. The aim of the thesis is to provide a structured doctrine, show court practice in criminal case proceedings and evaluate the significance of the principles on a fair final court act. The objectives of the thesis are to reveal the concept and content of the principles of criminal case proceedings, to define the concept of a fair final court act, to analyse national and international court practice related to the application of the principles of criminal case proceeding. The main methods of inquiry are analysis of scientific literature. Thesis analysis is based on the following acts of legislation: Constitution of the Republic of Lithuania, Criminal Code of the Republic of Lithuania, Criminal Process Code of the Republic of Lithuania, European Convention for the Protection of Human Rights and Fundamental Freedoms as well as on practice of a precedent establishing institutions: Supreme Court of Lithuania, Constitutional Court of the Republic of Lithuania, European Court of Human Rights, International Court of Justice and Court of Justice of the European Union.

The realm of inquiry of my thesis is of key importance and is becoming more and more significant in the implementation of justice as well as in ensuring the adoption of a fair court final act. The principles of judicial criminal proceedings regulate the course of criminal proceedings, justice and ensure the rights of participants in criminal proceedings. The principles of criminal case proceedings in the precedent of courts are revealed through their implementation functions. Having taken into consideration the application of the principles of criminal proceedings and the significance of them on a court final act, the following issues of the inquiry are raised: How are the principles of criminal case proceedings defined? Which final court act is considered to be a fair one? What impact do the principles of criminal case proceedings have on a final court act? How do the principles of criminal case proceedings occur in both national and international court practices? The subject of this thesis is the importance of principles of criminal case proceedings on a fair final court act. The aim of the thesis is to provide a structured doctrine, show court practice in criminal case proceedings and evaluate the significance of the principles on a fair final court act. The objectives of the thesis are to reveal the concept and content of the principles of criminal case proceedings, to define the concept of a fair final court act, to analyse national and international court practice related to the application of the principles of criminal case proceeding. The main methods of inquiry are analysis of scientific literature. Thesis analysis is based on the following acts of legislation: Constitution of the Republic of Lithuania, Criminal Code of the Republic of Lithuania, Criminal Process Code of the Republic of Lithuania, European Convention for the Protection of Human Rights and Fundamental Freedoms as well as on practice of a precedent establishing institutions: Supreme Court of Lithuania, Constitutional Court of the Republic of Lithuania, European Court of Human Rights, International Court of Justice and Court of Justice of the European Union.

Grounds and problems of accountability for international crimes at national level

Grounds and problems of accountability for international crimes at national level

Relevant Problems of The International Law of State Immunity The paper analyzes the relevant problems of the international law of state immunity. The necessity of the topic of work is emphasized by the new sources of international law on this issue, the relevant case law of the European Court of Human Rights concerning Lithuania, the need for analysis of new decisions of the International Court of Justice. Part 1 deals with the sources of the international law of state immunity, identifies sources of different types and contents, performs an analysis of development and the influence of the development on the contemporary attitude of the states. The state immunity subject reviewed in part 2 is identified by distinguishing it from similar immunities (head of state, diplomatic, consular immunities, as well as immunities of international organizations). The problem of qualification of state immunity is reviewed, different practices of states and the influence of the executive power on qualification of the subject is analyzed. Part 3 reviews the specifics of the criteria for state immunity exemptions. The practical application of these criteria, the burden of proof, the relationship between the nature of the dispute and the purpose as criteria are analyzed. Part 4 provides an overview of the international law of state immunity and the right to trial ratio, challenges and potential outcomes. The influence of International Court of Justice judgments and national legislation on this relationship is analyzed. There was found the significant human rights impact on the doctrine of state immunity restriction.

Relevant Problems of The International Law of State Immunity The paper analyzes the relevant problems of the international law of state immunity. The necessity of the topic of work is emphasized by the new sources of international law on this issue, the relevant case law of the European Court of Human Rights concerning Lithuania, the need for analysis of new decisions of the International Court of Justice. Part 1 deals with the sources of the international law of state immunity, identifies sources of different types and contents, performs an analysis of development and the influence of the development on the contemporary attitude of the states. The state immunity subject reviewed in part 2 is identified by distinguishing it from similar immunities (head of state, diplomatic, consular immunities, as well as immunities of international organizations). The problem of qualification of state immunity is reviewed, different practices of states and the influence of the executive power on qualification of the subject is analyzed. Part 3 reviews the specifics of the criteria for state immunity exemptions. The practical application of these criteria, the burden of proof, the relationship between the nature of the dispute and the purpose as criteria are analyzed. Part 4 provides an overview of the international law of state immunity and the right to trial ratio, challenges and potential outcomes. The influence of International Court of Justice judgments and national legislation on this relationship is analyzed. There was found the significant human rights impact on the doctrine of state immunity restriction.

Relevant Problems of The International Law of State Immunity The paper analyzes the relevant problems of the international law of state immunity. The necessity of the topic of work is emphasized by the new sources of international law on this issue, the relevant case law of the European Court of Human Rights concerning Lithuania, the need for analysis of new decisions of the International Court of Justice. Part 1 deals with the sources of the international law of state immunity, identifies sources of different types and contents, performs an analysis of development and the influence of the development on the contemporary attitude of the states. The state immunity subject reviewed in part 2 is identified by distinguishing it from similar immunities (head of state, diplomatic, consular immunities, as well as immunities of international organizations). The problem of qualification of state immunity is reviewed, different practices of states and the influence of the executive power on qualification of the subject is analyzed. Part 3 reviews the specifics of the criteria for state immunity exemptions. The practical application of these criteria, the burden of proof, the relationship between the nature of the dispute and the purpose as criteria are analyzed. Part 4 provides an overview of the international law of state immunity and the right to trial ratio, challenges and potential outcomes. The influence of International Court of Justice judgments and national legislation on this relationship is analyzed. There was found the significant human rights impact on the doctrine of state immunity restriction.

Relevant Problems of The International Law of State Immunity The paper analyzes the relevant problems of the international law of state immunity. The necessity of the topic of work is emphasized by the new sources of international law on this issue, the relevant case law of the European Court of Human Rights concerning Lithuania, the need for analysis of new decisions of the International Court of Justice. Part 1 deals with the sources of the international law of state immunity, identifies sources of different types and contents, performs an analysis of development and the influence of the development on the contemporary attitude of the states. The state immunity subject reviewed in part 2 is identified by distinguishing it from similar immunities (head of state, diplomatic, consular immunities, as well as immunities of international organizations). The problem of qualification of state immunity is reviewed, different practices of states and the influence of the executive power on qualification of the subject is analyzed. Part 3 reviews the specifics of the criteria for state immunity exemptions. The practical application of these criteria, the burden of proof, the relationship between the nature of the dispute and the purpose as criteria are analyzed. Part 4 provides an overview of the international law of state immunity and the right to trial ratio, challenges and potential outcomes. The influence of International Court of Justice judgments and national legislation on this relationship is analyzed. There was found the significant human rights impact on the doctrine of state immunity restriction.

There is a marked increase in the number of migrants and asylum-seekers in Europe in recent years. Such tendency leads to an increasing number of appeals to international institutions. This becomes a particular challenge for national and international (European) justice, as this may provoke conflicts of law in courts' practice. Originating from two different European legal orders, the European Court of Human Rights together with the Court of Justice of the European Union plays a crucial role in the protection of the fundamental rights of migrants and asylum-seekers. While some of the approaches of these courts may intertwine, others may cause legal gaps or uncertainty. Therefore, it is essential to understand to what extent the level of human rights protection in these two courts coincides. This Master's Thesis is focused on how the two European courts coexist in terms of migration and asylum, what are the trends in the migration-related jurisprudence of these two courts, and what role the courts play in the legal system of Ukraine.

There is a marked increase in the number of migrants and asylum-seekers in Europe in recent years. Such tendency leads to an increasing number of appeals to international institutions. This becomes a particular challenge for national and international (European) justice, as this may provoke conflicts of law in courts' practice. Originating from two different European legal orders, the European Court of Human Rights together with the Court of Justice of the European Union plays a crucial role in the protection of the fundamental rights of migrants and asylum-seekers. While some of the approaches of these courts may intertwine, others may cause legal gaps or uncertainty. Therefore, it is essential to understand to what extent the level of human rights protection in these two courts coincides. This Master's Thesis is focused on how the two European courts coexist in terms of migration and asylum, what are the trends in the migration-related jurisprudence of these two courts, and what role the courts play in the legal system of Ukraine.

The purpose of this paper is to analyse legal acts establishing the competence of Constitutional Court of Republic of Lithuania, as well to summarize the constitutional jurisprudence, which reveals the expand of boundaries of constitutional jurisdiction and to dispute main problems of competence of Constitutional Court. The paper is based on analysis of legal acts, decisions of Constitutional Court, juridical publications, articles and other sources. Constitutional Court is the institution implementing the protection of constitutional order, which ensures the supremacy of Constitution and constitutional justice. The competence of Constitutional Court is to review the compatibility of a law with the Constitution. This control includes enactments of Legislature, President and Executive organs. The Constitutional Court also decides on the compatibility of international agreements with the Constitution or the legality of elections and other. There are noticed some changes of limits of jurisdiction in the constitutional doctrine. There has been cases when the Court has decided on the conformity of legal acts with other chapters or priciples of Constitution than it was appealed. Sometimes it was analysed the constitutionality of other enactmens which were not questioned by a petitioner. Boundaries of competence were extended also by deciding on the conformity of legal acts with constitutional laws. Sometimes the object of investigation is invalid acts. Such practise of the Court provocates various discusions. One of sugestions to avoid this practise – to restrict powers of Constitutional Court by forbiding expansive interpretating of tasks and competence of Court. It is important to note that authority of the Court arise from the Constitution. The contraversial decisions of the Constitutional Court are based on interpretion and commentation, but these actions should be more motivated to avoid a violation of the Court's authority. To secure the constitutional protection in the highest level it would be favourable to establish an individual constitutional complaint and an institute of separate opinion of a judge in the constitutional system of Lithaunia, also to consider the possibility to request the European Court of Justice for preliminary decision about the meaning or validity of a particular piece of European Union law to solve the difficulties of interpretation of European Union law.

The purpose of this paper is to analyse legal acts establishing the competence of Constitutional Court of Republic of Lithuania, as well to summarize the constitutional jurisprudence, which reveals the expand of boundaries of constitutional jurisdiction and to dispute main problems of competence of Constitutional Court. The paper is based on analysis of legal acts, decisions of Constitutional Court, juridical publications, articles and other sources. Constitutional Court is the institution implementing the protection of constitutional order, which ensures the supremacy of Constitution and constitutional justice. The competence of Constitutional Court is to review the compatibility of a law with the Constitution. This control includes enactments of Legislature, President and Executive organs. The Constitutional Court also decides on the compatibility of international agreements with the Constitution or the legality of elections and other. There are noticed some changes of limits of jurisdiction in the constitutional doctrine. There has been cases when the Court has decided on the conformity of legal acts with other chapters or priciples of Constitution than it was appealed. Sometimes it was analysed the constitutionality of other enactmens which were not questioned by a petitioner. Boundaries of competence were extended also by deciding on the conformity of legal acts with constitutional laws. Sometimes the object of investigation is invalid acts. Such practise of the Court provocates various discusions. One of sugestions to avoid this practise – to restrict powers of Constitutional Court by forbiding expansive interpretating of tasks and competence of Court. It is important to note that authority of the Court arise from the Constitution. The contraversial decisions of the Constitutional Court are based on interpretion and commentation, but these actions should be more motivated to avoid a violation of the Court's authority. To secure the constitutional protection in the highest level it would be favourable to establish an individual constitutional complaint and an institute of separate opinion of a judge in the constitutional system of Lithaunia, also to consider the possibility to request the European Court of Justice for preliminary decision about the meaning or validity of a particular piece of European Union law to solve the difficulties of interpretation of European Union law.

The purpose of this paper is to analyse legal acts establishing the competence of Constitutional Court of Republic of Lithuania, as well to summarize the constitutional jurisprudence, which reveals the expand of boundaries of constitutional jurisdiction and to dispute main problems of competence of Constitutional Court. The paper is based on analysis of legal acts, decisions of Constitutional Court, juridical publications, articles and other sources. Constitutional Court is the institution implementing the protection of constitutional order, which ensures the supremacy of Constitution and constitutional justice. The competence of Constitutional Court is to review the compatibility of a law with the Constitution. This control includes enactments of Legislature, President and Executive organs. The Constitutional Court also decides on the compatibility of international agreements with the Constitution or the legality of elections and other. There are noticed some changes of limits of jurisdiction in the constitutional doctrine. There has been cases when the Court has decided on the conformity of legal acts with other chapters or priciples of Constitution than it was appealed. Sometimes it was analysed the constitutionality of other enactmens which were not questioned by a petitioner. Boundaries of competence were extended also by deciding on the conformity of legal acts with constitutional laws. Sometimes the object of investigation is invalid acts. Such practise of the Court provocates various discusions. One of sugestions to avoid this practise – to restrict powers of Constitutional Court by forbiding expansive interpretating of tasks and competence of Court. It is important to note that authority of the Court arise from the Constitution. The contraversial decisions of the Constitutional Court are based on interpretion and commentation, but these actions should be more motivated to avoid a violation of the Court's authority. To secure the constitutional protection in the highest level it would be favourable to establish an individual constitutional complaint and an institute of separate opinion of a judge in the constitutional system of Lithaunia, also to consider the possibility to request the European Court of Justice for preliminary decision about the meaning or validity of a particular piece of European Union law to solve the difficulties of interpretation of European Union law.