Suchergebnisse

Topicality of the theme of the scientific work and the problems. Constriction of human rights in the criminal proceedings is exercised via the coercive measures, which are fixed in the Criminal Process Code (CPC), and is determined by the circumstance, i.e. that the participants of the criminal proceedings do not always appropriately fulfill their duties, which are fixed in the legal acts, regulating the criminal proceedings. The principles of protection of human rights, which are declared in the international and national legal acts of the lawful, democratic state, and the practice, which is being formed by the international justiciary institutions (the European Court of Human Rights, European Court of Justice) constrict application of coercion by setting the principle of proportionality, according to which the fair balance between the measures, which constrict human rights, and the goals, which are being pursued by these measures, must be considered and fixed. Topicality of the theme of the doctorial dissertation is conditioned by the problematic items, existing in the proceedings of application of the coercive measures, which are related with securing protection of human rights; the solutions of the latter are being searched for in the present dissertation. The problem, which is being investigated in the dissertation work, is related with constriction of human rights and freedoms, which is being exercised in the criminal proceedings via application of coercive measures. The work aims at ascertaining the limits of the state's hold on application of coercive measures in the criminal proceedings as well as at investigating and suggesting the methods, which less constrict human rights and freedoms. The problems of the dissertation thesis cover three aspects: firstly – perception of the concept of coercive measures and of their functions in the criminal proceedings; secondly – perception of the principle of proportionality, its content, criteria and methods of fixing the principle of proportionality; thirdly – application of the alternative coercive measures in the criminal proceedings.

Topicality of the theme of the scientific work and the problems. Constriction of human rights in the criminal proceedings is exercised via the coercive measures, which are fixed in the Criminal Process Code (CPC), and is determined by the circumstance, i.e. that the participants of the criminal proceedings do not always appropriately fulfill their duties, which are fixed in the legal acts, regulating the criminal proceedings. The principles of protection of human rights, which are declared in the international and national legal acts of the lawful, democratic state, and the practice, which is being formed by the international justiciary institutions (the European Court of Human Rights, European Court of Justice) constrict application of coercion by setting the principle of proportionality, according to which the fair balance between the measures, which constrict human rights, and the goals, which are being pursued by these measures, must be considered and fixed. Topicality of the theme of the doctorial dissertation is conditioned by the problematic items, existing in the proceedings of application of the coercive measures, which are related with securing protection of human rights; the solutions of the latter are being searched for in the present dissertation. The problem, which is being investigated in the dissertation work, is related with constriction of human rights and freedoms, which is being exercised in the criminal proceedings via application of coercive measures. The work aims at ascertaining the limits of the state's hold on application of coercive measures in the criminal proceedings as well as at investigating and suggesting the methods, which less constrict human rights and freedoms. The problems of the dissertation thesis cover three aspects: firstly – perception of the concept of coercive measures and of their functions in the criminal proceedings; secondly – perception of the principle of proportionality, its content, criteria and methods of fixing the principle of proportionality; thirdly – application of the alternative coercive measures in the criminal proceedings.

This article focuses on issues involving the consistency of legal principles in criminal proceedings. Answers given for solving this problem are foreseen as a precondition for implementing so-called cautious justice. The authors analyse how common and special legal principles work together or to each other in the context of criminal justice, and the main challenges faced in court appeal hearings. The analysis begins with theoretical statements and evaluations, and concludes with current practical examples, including suggestions for legislative ideas. The authors, mainly with respect to practical examples from current criminal cases and emphasising the official doctrine of the Constitutional Court of the Republic of Lithuania, try to provide an answer on whether the legal principle tantum devolutum quantum appellatum is an absolute or relative one, as well as whether this principle could be prevailed over in the context of other principles and what legislative measures could be used to do this.

This article focuses on issues involving the consistency of legal principles in criminal proceedings. Answers given for solving this problem are foreseen as a precondition for implementing so-called cautious justice. The authors analyse how common and special legal principles work together or to each other in the context of criminal justice, and the main challenges faced in court appeal hearings. The analysis begins with theoretical statements and evaluations, and concludes with current practical examples, including suggestions for legislative ideas. The authors, mainly with respect to practical examples from current criminal cases and emphasising the official doctrine of the Constitutional Court of the Republic of Lithuania, try to provide an answer on whether the legal principle tantum devolutum quantum appellatum is an absolute or relative one, as well as whether this principle could be prevailed over in the context of other principles and what legislative measures could be used to do this.

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]

Attention is drawn towards problematic aspects of implementation of international legislation in national criminal law. The idea of international organised crime as of criminality without borders, and of the global problem is raised here. The study analyses the possibilities of confiscation of property; the reader's attention is drawn to extended confiscation of property; it evaluates the topicalities of consolidation of unjust enrichment, as a both radical and efficient measure in the criminal law, also other important issues pertaining to criminal justice. Simultaneously, institutional issues on international cooperation in criminal cases are considered. It is stated that in contemporary world, international legal cooperation in criminal cases is inevitable. Individual states and the European Union create and improve the newly emerging tools of legal cooperation, implement new principles of cooperation, and expand central powers of EU institutions in the cooperation process. Practical application of some new tools (for example, the European arrest warrant) proved their efficiency; it allows thinking that the created new tools, substantiated by application of the same principle of mutual acknowledgement (the European investigation order), will bring tangible results. [.]