Раздел "Международное право" - рубрика "Права человека" ; Статья посвящена выявлению и правовой оценке целостного комплекса норм, связанных с правами и свободами человека, который сложился и функционирует в настоящее время в рамках Европейского союза. Автором предпринята попытка разобраться в юридической природе Хартии основных прав ЕС, принятой в 2000 г., сопоставить ее положения с нормами Европейской конвенции о защите прав человека и основных свобод 1950 г. Особое внимание уделено исследованию места и роли Европейского союза в существующей системе международной защиты прав и свобод человека, а также выявлению и последующей оценке прав и свобод первого (гражданские и политические) и второго (экономические, социальные и культурные) поколений, закрепленных в праве ЕС, степени и объему их правовой регламентации. Акцентируется внимание на роли институтов (органов) ЕС, особенно Европарламента, а также ряда специализированных органов (Агентство по основным правам и др.) в процессе формирования в рамках Европейского союза самостоятельной региональной системы защиты прав и свобод человека. Выявлены и проанализированы положения Договора 2004 г., устанавливающего Конституцию для Европы, затрагивающие вопросы прав человека. = The article focuses on identification and legal evaluation of an integral set of norms in the sphere of human rights and freedoms currently existing within the European Union. The author attempts to analyze the legal nature of the Charter of Fundamental Rights of the EU adopted in 2000 and to compare it with the norms of the 1950 European Convention on Human Rights. Special attention is paid to the exploration of the role and place of the European Union in the existing system of international protection of human rights and freedoms, as well as to the revealing and the following evaluation of rights and freedoms of the first (civil and political) and second (economic, social and cultural) generations that are fixed in the EU law, and to the level and volume of their legal regulation. The author draws attention to the role of the EU institutions, the European Parliament in particular, as well as of a number of special bodies (the Agency for Fundamental Rights, etc.) in the process of formation of an independent regional system of human rights and freedoms protection within the EU. The author also revealed and analyzed the provisions of the 2004 Treaty fixing European Constitution that include human rights issues.
International audience ; The book "Christianisation of the Novgorodian Land in 800-1400 AD" is dedicated to the early stages of Christianity in Russia. The information from the written sources seems unable to cover the process of Christianisation in Russia to the full, which demands active usage of archeo-logical materials. The book in view for the first time presents and analyses the whole variety of items of personal piety relating to IX–XIII centuries and discovered in the burial memorials of the Kievan Russia and the Novgorodian principality.The Introduction declares that the study of the Christianisation of the ancient Russia on the basis of the archeological data requires not only collection, systematisation and analysis of the whole set of Christian antiquities of the medieval Russia (IX–XIII centuries), but also the exposure of all innovations in culture, connected with the dissemination of the new religion.In the view of the research task the author frames himself to the analysis of the data from funeral memorials, as it is the archeology of the burial rite that presents the most informative mate-rial on the early stages of the new ideology formation. For the territory investigated, the Nov-gorodian land of late XIII century was chosen. The territorial approach to the phenomena of the clerical life and Christian culture is in keeping with the standards of the canonical law of the East-ern Church. Novgorod with its neighborhood from the very beginning acts as one of the two centers of the formation of the ancient Russian state, and the history of the Church in Novgorodian land re-flects all the features of the Christianisation of ancient Russia. The features of political and social system in ancient Novgorod, as well as the peculiarities of its history (provided by the active Russian-Finnish contacts) left their imprint on the process of the development of Christian culture in Novgorodian land. As far as the main historical limits are concerned, two dates are accepted: 988 – the Baptism of Russia and the ...
International audience ; The book "Christianisation of the Novgorodian Land in 800-1400 AD" is dedicated to the early stages of Christianity in Russia. The information from the written sources seems unable to cover the process of Christianisation in Russia to the full, which demands active usage of archeo-logical materials. The book in view for the first time presents and analyses the whole variety of items of personal piety relating to IX–XIII centuries and discovered in the burial memorials of the Kievan Russia and the Novgorodian principality.The Introduction declares that the study of the Christianisation of the ancient Russia on the basis of the archeological data requires not only collection, systematisation and analysis of the whole set of Christian antiquities of the medieval Russia (IX–XIII centuries), but also the exposure of all innovations in culture, connected with the dissemination of the new religion.In the view of the research task the author frames himself to the analysis of the data from funeral memorials, as it is the archeology of the burial rite that presents the most informative mate-rial on the early stages of the new ideology formation. For the territory investigated, the Nov-gorodian land of late XIII century was chosen. The territorial approach to the phenomena of the clerical life and Christian culture is in keeping with the standards of the canonical law of the East-ern Church. Novgorod with its neighborhood from the very beginning acts as one of the two centers of the formation of the ancient Russian state, and the history of the Church in Novgorodian land re-flects all the features of the Christianisation of ancient Russia. The features of political and social system in ancient Novgorod, as well as the peculiarities of its history (provided by the active Russian-Finnish contacts) left their imprint on the process of the development of Christian culture in Novgorodian land. As far as the main historical limits are concerned, two dates are accepted: 988 – the Baptism of Russia and the ...
This article evaluates a place of socioeconomic rights within the system of constitutional human rights. It shows interrelation and interdependency among socio-economic, economic, personal and political rights. The author also underlines the necessity of the development of the legislation of the Republic of Belarus. = Оценивается место социально-экономических прав в системе конституционных прав человека. Показана взаимосвязь и взаимозависимость между социально-экономическими, личными и политическими правами, необходимость совершенствования законодательства Республики Беларусь по защите прав человека и гражданина.
The article considers the problems of the educational reform through the prism of the methodological critics and analysis of cognitive restrictions of the neoclassical economic theory. In order to overcome the lack of knowledge which distorts the possibilities of the adoption of the right political and economic decisions the author shows the advantages of the institutional and evolution theory, its subject, the structure and system of the corresponding interdisciplinary categories, which are represented in the generalized programme block.
Раздел "Международное право" - рубрика "Права человека" ; В статье анализируется вклад БССР в международный нормотворческий процесс в области защиты прав женщин. Будучи полноправным членом Организации Объединенных Наций, Белорусская ССР внесла определенный вклад в развитие принципа равноправия на международном уровне (в том числе и по признаку пола). Принцип равноправия стал одним из основополагающих принципов ООН. Белорусская делегация принимала активное участие в разработке Всеобщей декларации прав человека, выдвигая конструктивные предложения, улучшающие содержание ее проекта. Всеобщая декларация прав человека послужила платформой, на основе которой стали разрабатываться международные договоры, предусматривающие специальные нормы, регламентирующие права женщин как определенной социальной группы. Кроме того, БССР, являясь на протяжении длительного времени членом Комиссии по положению женщин, участвовала в разработке большей части специальных международных соглашений по правам женщин, таких как Конвенция о политических правах женщин, Конвенция о гражданстве замужней женщины, Конвенция о согласии на вступление в брак, брачном возрасте и регистрации браков. Благодаря продвижению делегациями БССР антидискриминационных принципов в области регулирования вопросов равноправия мужчин и женщин, конвенции установили универсальные стандарты отношения государственной власти к женщине, а их нормы стали базовыми при толковании национального законодательства. ; The article explores the contribution of the BSSR to international rule-making process in the sphere of women rights protection. A UN's full member, the BSSR made a certain contribution to the development of the principle of equality, including gender equality, on the international level. That was the beginning of forming of the institution of women rights protection in the system of international human rights protection. The principle of equality has become one of the basic principles of the United Nations. Belarusian delegation took an active part in the development of the Universal Declaration of Human Rights, making constructive proposals on improving the content of Declaration' draft. The Universal Declaration of Human Rights became the foundation for further international treaties, which included specific regulations on women's rights. Besides, a member of the Commission on the Status of Women for a long time, the BSSR participated in developing of the major part of special international treaties, such as Convention on the Political Rights of Women, Convention on the Nationality of Married Women, Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages and other, in the sphere of women's rights. Thanks to Belarusian delegation's efforts in elimination of discrimination in gender equality regulation, the Conventions set universal standards of state authorities attitude towards women. Nowadays these standards are grounds for interpretation of national legislation.
Tutkimukseni kohteena on venäläinen emigranttilehdistö vuosina 1919 - 1939. Se edustaa eri poliittisia suuntauksia alkaen äärikansallismielisistä ja monarkistisista lehdistä aina anarkistisiin lehtiin asti. Aineston pohjalta pyritään osoittamaan, millaista variaatiota kielessä esiintyy ja mitä tyypillisiä ilmaisukeinoja se käyttää. Käytetyt metodit vaihtelevat työn seitsemässä luvussa esitetyistä tutkimusongelmista riippuen. Emigranttilehdistön kieli poikkeaa neuvostolehdistön kielestä kehitykseltään ja kielellisiltä piirteiltään. Venäläinen emigranttilehdistö käyttää ajankohtaisen informaation ilmaisemiseksi vanhoja, ennen vallankumousta käytössä olleita ilmaisukeinoja. Lisäksi se on aktiivisesti lainannut uusia, vierasperäisiä aineksia ulkomaisesta lehdistöstä ja hyödyntänyt myös neuvostolehdistön ilmaisukeinoja mukauttamalla niitä omiin käyttötarkoituksiinsa. Emigranttilehdistössä eräät venäjälle ominaiset semantiikan ja kieliopin ilmiöt eivät ole edustettuina siksi, että ne eivät emigraatiovaiheessa vielä olleet syntyneet venäjän kieleen tai olivat tuolloin vasta syntymässä. Emigranttien elämä oli perusluonteeltaan vähemmän uudistushenkistä, minkä vuoksi he mielellään käyttivät valmiita kieliaineksia nähden sen olevan eräs keino pelastaa ja säilyttää vanha Venäjä. Kirjoitetussa venäjässä näkyy kuitenkin varsin runsaasti myös vierasperäistä vaikutusta kielen eri tasoilla. Sitä ilmenee oikeinkirjoituksessa, sanastossa ja kieliopissa. Tiivistäen voidaan todeta, että venäläisen emigranttilehdistön kielen kehitys vuosina 1919 - 1939 on ollut varsin erikoista ja omaperäistä. Emigranttilehdistön kieli on kehittynyt eräänlaisen substraatin pohjalta erityppisten ainesten kombinaationa. Se on säilyttänyt paljon vanhaa, lainannut runsaasti vierasperäistä ainesta ja mukauttanut neuvostokielen erikoispiirteitä omaan käyttöönsä. ; The main focus of my research is the language of the Russian emigration press between 1919 and 1939. I analyse the wide range of the emigration s periodicals which represent different political orientations: from the far-right nationalist and monarchist to the far-left anarchist one. The development of the language of the Russian emigration press between 1919 and 1939 has been quite unusual and original. The language of the emigration press has developed as a combination of diverse elements of the Russian Language and the substrate language (the foreign language). It resulted with preserving a lot of traditional language features, borrowing plenty of foreign elements, and adapting special features from the language of the soviet press used for the purposes of the emigration press. Drawing upon the material, I describe what kind of linguistic variations one can find in the emigration press, and I systematize the typical ways of expressing these variations. I demonstrate how the language of the emigration press differs from the language of the soviet press, taking into consideration it s development and linguistic qualities. Among these qualities, I stress the fact that the Russian emigration press uses the traditional, used before the revolution ways to inform about current affairs. Furthermore the emigration press language frequently borrows the elements from the foreign press as well as it adapts the soviet press language for its own purposes. In the written language one can see quite a lot of foreign influence in the different levels of language: in orthography, lexicon and grammar. I ague that the reason of such development of the emigration press language lies in much less innovative life style of the emigrants. The emigrants used the traditional language and the elements which already existed in language, which was seen as a way of saving and preserving the image of old Russia.
The goal of this study is to explore the role of language and alphabet in constructing the national identities and ideologies of the Croats and Serbs from the territory of the Triune Kingdom of Dalmatia, Croatia and Slavonia, from the beginning of the Revolution of 1848/1849 to the first session of the Croatian-Slavonian Parliament (Sabor) in Zagreb in 1861, during the period of the Austrian chancellor Alexander Bach, who attempted to centralize the multiethnic and multilinguistic Habsburg Empire administratively. The study reaches the following conclusions: 1) The South Slavs within the Habsburg Monarchy had been deeply imbued with linguistic nationalism after the Revolution of 1848/1849 as a reaction against the intolerant minority policy by the leaders of the Hungarian uprising and revolution against the Habsburgs. What the Hungarian liberals required from the Habsburgs as national rights in the Habsburg Monarchy they did not wish to be granted to non-Hungarians within the greater Hungarian Kingdom, which included Croats and Serbs in the Triune Kingdom. The Hungarian liberals intended for only ethnolinguistic Hungarians to enjoy the rights of a "political nation", and thus, in their view, the Hungarian language had to be the only official/public medium of communication in a greater historical Hungary. 2) There are two basic reasons for the expression of linguistic nationalism by Croats and Serbs in the Triune Kingdom after 1849: a) a deep conviction by both that language and script (in addition to confession) were the crucial cornerstones of national identity; and b) a reaction to the decisions by the Hungarian Parliament (Dieta) in 1839–1840 and 1843–1844 to introduce Hungarian as the official language in all provinces of the Hungarian Kingdom. 3) Serbian linguistic nationalism was basically aimed against the Croatian attempt to impose Croatian as the sole official language within Dalmatia, Croatia and Slavonia (in 1847 and later) and to proclaim only ethnic Croats as holders of full-scale political rightse. In other words, Serbian linguistic nationalism was a protest against the Croatian policy of ethnolinguistic assimilation of the Serbs in the Triune Kingdom. 4) Both the Croats and Serbs understood the Hungarian requirement of the Hungarian (Magyar) language as the sole official language in a greater historical Hungary as an attempt both to Magyarize all non-Hungarians and to homogenize the multiethnolinguistic Hungarian Kingdom. 5) Proof that the Central European Romanticist idea of language as a pivotal national determinator was sincerely accepted by the South Slavs within the Habsburg Monarchy is the fact that the Croatian and Serbian national intelligentia neglected the use of the Landsprache, but fought for the using a language or languages named after their own ethnic group(s) (Croatian and Serbian) in public affairs. 6) The Serbs in the Triune Kingdom politically struggled for inclusion of the Serbian ethnic name into the compound name for the official language in public use in Dalmatia, Croatia and Slavonia (i.e., the Croato-Serbian language) in order to preserve their national identity within these provinces and to fight against Croatization of their ethnolinguistic identity.
The goal of this study is to explore the role of language and alphabet in constructing the national identities and ideologies of the Croats and Serbs from the territory of the Triune Kingdom of Dalmatia, Croatia and Slavonia, from the beginning of the Revolution of 1848/1849 to the first session of the Croatian-Slavonian Parliament (Sabor) in Zagreb in 1861, during the period of the Austrian chancellor Alexander Bach, who attempted to centralize the multiethnic and multilinguistic Habsburg Empire administratively.The study reaches the following conclusions:1) The South Slavs within the Habsburg Monarchy had been deeply imbued with linguistic nationalism after the Revolution of 1848/1849 as a reaction against the intolerant minority policy by the leaders of the Hungarian uprising and revolution against the Habsburgs. What the Hungarian liberals required from the Habsburgs as national rights in the Habsburg Monarchy they did not wish to be granted to non-Hungarians within the greater Hungarian Kingdom, which included Croats and Serbs in the Triune Kingdom. The Hungarian liberals intended for only ethnolinguistic Hungarians to enjoy the rights of a "political nation", and thus, in their view, the Hungarian language had to be the only official/public medium of communication in a greater historical Hungary.2) There are two basic reasons for the expression of linguistic nationalism by Croats and Serbs in the Triune Kingdom after 1849: a) a deep conviction by both that language and script (in addition to confession) were the crucial cornerstones of national identity; and b) a reaction to the decisions by the Hungarian Parliament (Dieta) in 1839–1840 and 1843–1844 to introduce Hungarian as the official language in all provinces of the Hungarian Kingdom.3) Serbian linguistic nationalism was basically aimed against the Croatian attempt to impose Croatian as the sole official language within Dalmatia, Croatia and Slavonia (in 1847 and later) and to proclaim only ethnic Croats as holders of full-scale political rightse. In other words, Serbian linguistic nationalism was a protest against the Croatian policy of ethnolinguistic assimilation of the Serbs in the Triune Kingdom.4) Both the Croats and Serbs understood the Hungarian requirement of the Hungarian (Magyar) language as the sole official language in a greater historical Hungary as an attempt both to Magyarize all non-Hungarians and to homogenize the multiethnolinguistic Hungarian Kingdom.5) Proof that the Central European Romanticist idea of language as a pivotal national determinator was sincerely accepted by the South Slavs within the Habsburg Monarchy is the fact that the Croatian and Serbian national intelligentia neglected the use of the Landsprache, but fought for the using a language or languages named after their own ethnic group(s) (Croatian and Serbian) in public affairs.6) The Serbs in the Triune Kingdom politically struggled for inclusion of the Serbian ethnic name into the compound name for the official language in public use in Dalmatia, Croatia and Slavonia (i.e., the Croato-Serbian language) in order to preserve their national identity within these provinces and to fight against Croatization of their ethnolinguistic identity.
Research problem. One of the ways to ensure public order is to impose sanctions for breach of law. Administrative sanctions as a remedy of administrative liability have a special place among the remedies of legal constraint. There is a need of effective and quick reaction to tackle great number of administrative offences and to ensure adequate prevention of administrative offences as well as criminal acts. Although the state responds to offence by implementing the jurisdictional function, which in a state governed under democratic principles is carried out by the court (one of the three constituent elements of governance), social reality testifies that the role of executive institutions in resolving the issues of legal liability for offence is increasing. Under currently effective provisions of the Administrative Code of the Republic of Lithuania authorization to impose sanctions for administrative offence is granted to a few tens of public administration institutions. Does such a situation correspond to the principle of separation of powers and what is the basis of such legal regulation? In fact, Lithuanian, and not only, science of Administrative Law often raises the problem of administrative offence as well as the problem of legitimacy of administrative sanctions which is closely related with the justice implementation function of administrative institutions. Actually, the administrative institution while imposing sanctions for administrative offence becomes a quasi-court involved in jurisdictional activities. This problem roots from the inconsistence of modern public administration system with Article 109 of the Republic of Lithuania Constitution, which reads that justice shall be executed solely by court. Execution of justice means determination of the case circumstances, finding a person guilty and imposing a fair instrument of action. According to the Constitution the right to find a person guilty and to impose a fair instrument of action is vested to the court and the judge. Meanwhile, up to now the executive institutions are empowered to implement these functions of justice. Therefore, public administration institutions, in addition to administration, implement the function of justice and therefore contradict the principle of separation of powers. This idea, expressed by many authors, has been still ignored by legislators not only in Lithuania, but in foreign states as well. Conversely, a tendency to make a social impact by implementing administrative sanctions imposed in a simpler and prompter manner is observed much more frequently and in wider areas of public life. On the other hand, the affer to leave the examination of all cases of administrative offence to courts would be difficult to implement and perhaps unnecessary. Finally, we may see that neither the constitutional jurisprudence nor the European Court of Human Rights requires for that. Nevertheless, the statutory regime necessary for the implementation of administrative sanctions has to be identified and defined. Meanwhile, authoritative entities of judiciary law, basing themselves on the similarities in the nature of administrative and criminal sanctions, categorically maintain that the principles of criminal justice should be applied to administrative justice. Such a requirement is paradoxical though. Presumably, if a person charged with administrative offence is given the same guarantees as a criminal offender and legal proceedings are of the same type as criminal proceedings, the administrative liability as independent type of legal liability and institution of administrative law would lose its identity. Therefore there is a search for compromise in many different legal systems, which shows that principles of criminal jurisdiction, when transferred into the area of administrative sanctions, become inverted from the point of view of subject matter. Considering all this problematic aspects of implementing lawfulness (nullum crimen, nulla poena sine lege), non-retroactivity of law (lex retro non agit) and prohibition to institute a legal action twice for the same cause (non bis in idem) in judicial activities of quasi judiciary institutions shall be resolved . The issue of guilt as a subjective element of administrative punishment remains of great importance. Topicality of the dissertation research. Administrative Code, being the key act of law aimed at regulating legal relationship of administrative liability, was adopted during the soviet times. Obviously, significant changes have taken place in political, social and economic life and these changes are reflected in modified legal regulation. After the protection of human rights became the main objective of the state and the guiding values cardinally shifted from the primacy of state over the citizen towards the primacy of citizen over the state, the legal regulation of administrative liability had to be changed. Attempts to adopt a new law complying with the spirit of democratic states still remain fruitless. We may assume that the legislator has not decided yet which model of administrative liability regulations should be the most acceptable. Such assumption is confirmed by unsuccessful attempts criticized by many authors to automatically translate general provisions of criminal liability to the Administrative Code draft now being worked on. Thus, when legislation problems in the area of administrative liability are being solved the issue of the body executing the liability has remained the most acute. Discussions often reveal an opinion that implementation of sanctions by administrative institutions should be more an exception than a rule while cases of administrative offence should be settled in courts. Unfortunately, this idea is confirmed neither by Lithuanian nor foreign practice; on the contrary, opinions supporting the development and expansion of administrative jurisdiction prevail. In that case the problem of legitimacy of exercising jurisdiction by administrative institutions from the point of view of separation of powers laid down in the Constitution remains unsolved and thus retains its topicality. Finally, the scope of the principles of administrative liability in Lithuania is still unclear and undefined thus leading to incompliance of statutory regulation with legal practice. Dissertation research object. This doctoral thesis focuses on social relationship created in the light of administrative sanctions imposed by quasi-judicial institutions and statutory regulation of such relationship. Dissertation research goal is to analyze in a systematic manner and evaluate the legal basis of jurisdictional activities of quasi-judicial institutions in different countries, the principles applied in jurisdictional activities of these institutions and to propose guidelines for improving the institution of administrative liability in Lithuania. The following objectives were set to this end: 1. Introduce the notion of jurisdictional activity and reveal its relationship with administrative jurisdiction. 2. Disclose the notion of administrative sanction and examine the administrative sanction doctrines in different states pointing out the fundamental features of administrative sanction. 3. Analyze the models of quasi-judicial institutions implementing administrative sanctions and assess their jurisdictional activity from the point of view of constitutional legitimacy. 4. Evaluate statutory regulation of administrative jurisdiction and problems of executing it in Lithuania in 1918-1990. 5. Reveal the basic principles and the scope of jurisdictional activity of quasi-judicial institutions. Scientific novelty and practicality of dissertation research. This thesis is an attempt to have a deeper insight to the problems of statutory regulation and execution of administrative liability. Although sufficient attention is paid to this issue in the science of Lithuanian Law witnessed by scholar discussions on one or another aspect of the problem, the present thesis is the first attempt to give a doctrinal and systematic review of quasi-judicial institutions in exercising the powers of administrative sanctioning and the basis of jurisdictional activity. The thesis analyses in great detail doctrines of administrative sanctions of different democratic states (e.g. France, Germany, Spain, Portugal, Italy etc.) and attempts to determine and distinguish essential features of administrative sanctions with the aim to develop guidelines for modelling the institution of administrative liability in Lithuania. The research work is not limited to a mere analysis of legal norms but gives an assessment of legal regulation exercised through jurisdictional activities of quasi-judicial institution from the point of view of constitutional and administrative jurisprudence, thus enabling to determine the dysfunctions of legal regulation and potential solutions. The novelty of the thesis lies in the attempt to define the basic principles of quasi-judicial institutions' jurisdictional activity by revealing their scope and problems of implementation. As Lithuanian legislators are currently working on the drafts of Administrative Code and legislative act aimed at regulating the administrative proceedings, this research thesis revealing the problems of administrative liability legal regulation and guidelines for potential improvement also has a practical value. Assertions defended in the dissertation. Administrative sanctions implemented by quasi-judicial institutions represent the institute performing a potentially effective role of social regulator and jurisdictional activity carried out by those institutions is acceptable for the legal system of a democratic state from the point of view of constitutional legitimacy. Activities of quasi-judicial institutions executing jurisdictional authorizations are subject to the principles of criminal jurisdiction, however with certain exclusions that w
Research problem. One of the ways to ensure public order is to impose sanctions for breach of law. Administrative sanctions as a remedy of administrative liability have a special place among the remedies of legal constraint. There is a need of effective and quick reaction to tackle great number of administrative offences and to ensure adequate prevention of administrative offences as well as criminal acts. Although the state responds to offence by implementing the jurisdictional function, which in a state governed under democratic principles is carried out by the court (one of the three constituent elements of governance), social reality testifies that the role of executive institutions in resolving the issues of legal liability for offence is increasing. Under currently effective provisions of the Administrative Code of the Republic of Lithuania authorization to impose sanctions for administrative offence is granted to a few tens of public administration institutions. Does such a situation correspond to the principle of separation of powers and what is the basis of such legal regulation? In fact, Lithuanian, and not only, science of Administrative Law often raises the problem of administrative offence as well as the problem of legitimacy of administrative sanctions which is closely related with the justice implementation function of administrative institutions. Actually, the administrative institution while imposing sanctions for administrative offence becomes a quasi-court involved in jurisdictional activities. This problem roots from the inconsistence of modern public administration system with Article 109 of the Republic of Lithuania Constitution, which reads that justice shall be executed solely by court. Execution of justice means determination of the case circumstances, finding a person guilty and imposing a fair instrument of action. According to the Constitution the right to find a person guilty and to impose a fair instrument of action is vested to the court and the judge. Meanwhile, up to now the executive institutions are empowered to implement these functions of justice. Therefore, public administration institutions, in addition to administration, implement the function of justice and therefore contradict the principle of separation of powers. This idea, expressed by many authors, has been still ignored by legislators not only in Lithuania, but in foreign states as well. Conversely, a tendency to make a social impact by implementing administrative sanctions imposed in a simpler and prompter manner is observed much more frequently and in wider areas of public life. On the other hand, the affer to leave the examination of all cases of administrative offence to courts would be difficult to implement and perhaps unnecessary. Finally, we may see that neither the constitutional jurisprudence nor the European Court of Human Rights requires for that. Nevertheless, the statutory regime necessary for the implementation of administrative sanctions has to be identified and defined. Meanwhile, authoritative entities of judiciary law, basing themselves on the similarities in the nature of administrative and criminal sanctions, categorically maintain that the principles of criminal justice should be applied to administrative justice. Such a requirement is paradoxical though. Presumably, if a person charged with administrative offence is given the same guarantees as a criminal offender and legal proceedings are of the same type as criminal proceedings, the administrative liability as independent type of legal liability and institution of administrative law would lose its identity. Therefore there is a search for compromise in many different legal systems, which shows that principles of criminal jurisdiction, when transferred into the area of administrative sanctions, become inverted from the point of view of subject matter. Considering all this problematic aspects of implementing lawfulness (nullum crimen, nulla poena sine lege), non-retroactivity of law (lex retro non agit) and prohibition to institute a legal action twice for the same cause (non bis in idem) in judicial activities of quasi judiciary institutions shall be resolved . The issue of guilt as a subjective element of administrative punishment remains of great importance. Topicality of the dissertation research. Administrative Code, being the key act of law aimed at regulating legal relationship of administrative liability, was adopted during the soviet times. Obviously, significant changes have taken place in political, social and economic life and these changes are reflected in modified legal regulation. After the protection of human rights became the main objective of the state and the guiding values cardinally shifted from the primacy of state over the citizen towards the primacy of citizen over the state, the legal regulation of administrative liability had to be changed. Attempts to adopt a new law complying with the spirit of democratic states still remain fruitless. We may assume that the legislator has not decided yet which model of administrative liability regulations should be the most acceptable. Such assumption is confirmed by unsuccessful attempts criticized by many authors to automatically translate general provisions of criminal liability to the Administrative Code draft now being worked on. Thus, when legislation problems in the area of administrative liability are being solved the issue of the body executing the liability has remained the most acute. Discussions often reveal an opinion that implementation of sanctions by administrative institutions should be more an exception than a rule while cases of administrative offence should be settled in courts. Unfortunately, this idea is confirmed neither by Lithuanian nor foreign practice; on the contrary, opinions supporting the development and expansion of administrative jurisdiction prevail. In that case the problem of legitimacy of exercising jurisdiction by administrative institutions from the point of view of separation of powers laid down in the Constitution remains unsolved and thus retains its topicality. Finally, the scope of the principles of administrative liability in Lithuania is still unclear and undefined thus leading to incompliance of statutory regulation with legal practice. Dissertation research object. This doctoral thesis focuses on social relationship created in the light of administrative sanctions imposed by quasi-judicial institutions and statutory regulation of such relationship. Dissertation research goal is to analyze in a systematic manner and evaluate the legal basis of jurisdictional activities of quasi-judicial institutions in different countries, the principles applied in jurisdictional activities of these institutions and to propose guidelines for improving the institution of administrative liability in Lithuania. The following objectives were set to this end: 1. Introduce the notion of jurisdictional activity and reveal its relationship with administrative jurisdiction. 2. Disclose the notion of administrative sanction and examine the administrative sanction doctrines in different states pointing out the fundamental features of administrative sanction. 3. Analyze the models of quasi-judicial institutions implementing administrative sanctions and assess their jurisdictional activity from the point of view of constitutional legitimacy. 4. Evaluate statutory regulation of administrative jurisdiction and problems of executing it in Lithuania in 1918-1990. 5. Reveal the basic principles and the scope of jurisdictional activity of quasi-judicial institutions. Scientific novelty and practicality of dissertation research. This thesis is an attempt to have a deeper insight to the problems of statutory regulation and execution of administrative liability. Although sufficient attention is paid to this issue in the science of Lithuanian Law witnessed by scholar discussions on one or another aspect of the problem, the present thesis is the first attempt to give a doctrinal and systematic review of quasi-judicial institutions in exercising the powers of administrative sanctioning and the basis of jurisdictional activity. The thesis analyses in great detail doctrines of administrative sanctions of different democratic states (e.g. France, Germany, Spain, Portugal, Italy etc.) and attempts to determine and distinguish essential features of administrative sanctions with the aim to develop guidelines for modelling the institution of administrative liability in Lithuania. The research work is not limited to a mere analysis of legal norms but gives an assessment of legal regulation exercised through jurisdictional activities of quasi-judicial institution from the point of view of constitutional and administrative jurisprudence, thus enabling to determine the dysfunctions of legal regulation and potential solutions. The novelty of the thesis lies in the attempt to define the basic principles of quasi-judicial institutions' jurisdictional activity by revealing their scope and problems of implementation. As Lithuanian legislators are currently working on the drafts of Administrative Code and legislative act aimed at regulating the administrative proceedings, this research thesis revealing the problems of administrative liability legal regulation and guidelines for potential improvement also has a practical value. Assertions defended in the dissertation. Administrative sanctions implemented by quasi-judicial institutions represent the institute performing a potentially effective role of social regulator and jurisdictional activity carried out by those institutions is acceptable for the legal system of a democratic state from the point of view of constitutional legitimacy. Activities of quasi-judicial institutions executing jurisdictional authorizations are subject to the principles of criminal jurisdiction, however with certain exclusions that w
