Suchergebnisse

The principle of distinction in armed conflicts is the corner stone of international humanitarian law, requiring that the Parties to the conflict would at all times distinguish between the civilian population and combatants and between civilian objects and military objectives. But because of the increased number of civilians and private companies participating in armed conflicts due to the global privatisation and permanent technological improvement of military equipment, the line between civilians and combatants begin to blur. In order to apply the principle of distinction to modern armed conflicts, firstly, we analysed an influence of direct participation in hostilities to the application of the principle of distinction and determined that for person who directly participates in armed conflicts the principle of distinction is no longer applicable and this person becomes a legal military target with no general protection against dangers arising from military operations. An act which is considered to be direct participation in hostilities should meet the requirements of threshold of harm, direct causation and belligerent nexus. Secondly, we studied the application of the principle of distinction to the personnel of private military and security companies in armed conflicts and determined that part of this personnel might be considered combatants and because of that become lawful military targets to whom the principle of distinction in no longer applicable. The other part of personnel should be considered as civilians and as long as they are not directly participating in hostilities the general protection against dangers arising from military operations would be granted for them. Finally, we also analysed the use of cluster munitions in armed conflicts in accordance with the principle of distinction. We determined that this weapon is inaccurate, indiscriminate, cause superfluous injury or unnecessary suffering and objects to the principle of distinction in armed conflicts.

The principle of distinction in armed conflicts is the corner stone of international humanitarian law, requiring that the Parties to the conflict would at all times distinguish between the civilian population and combatants and between civilian objects and military objectives. But because of the increased number of civilians and private companies participating in armed conflicts due to the global privatisation and permanent technological improvement of military equipment, the line between civilians and combatants begin to blur. In order to apply the principle of distinction to modern armed conflicts, firstly, we analysed an influence of direct participation in hostilities to the application of the principle of distinction and determined that for person who directly participates in armed conflicts the principle of distinction is no longer applicable and this person becomes a legal military target with no general protection against dangers arising from military operations. An act which is considered to be direct participation in hostilities should meet the requirements of threshold of harm, direct causation and belligerent nexus. Secondly, we studied the application of the principle of distinction to the personnel of private military and security companies in armed conflicts and determined that part of this personnel might be considered combatants and because of that become lawful military targets to whom the principle of distinction in no longer applicable. The other part of personnel should be considered as civilians and as long as they are not directly participating in hostilities the general protection against dangers arising from military operations would be granted for them. Finally, we also analysed the use of cluster munitions in armed conflicts in accordance with the principle of distinction. We determined that this weapon is inaccurate, indiscriminate, cause superfluous injury or unnecessary suffering and objects to the principle of distinction in armed conflicts.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

Children who appears to be in the territory of armed conflict, can be divided in two large groups according to the Intenational Law. Firstly, there is children who participate in conflicts directly engaging in combat or act indirectly trough such acts as seeking and sending military information and transporting arms and munitions, they are refered in this master thesis as child soldiers. Next group is known as child civilians, who do not participate in military activities, however, they are still affected by conflict. The international law prohibits recruitment and participation in hostilities of child soldiers. Among others this prohibition brings into focus such issues: the type of participation with which international law is concerned; minimum age of recruitment and the specific situation of children who are 15 to 18 years old; whether there is effective mechanism of implementation; what is the extent of duty upon states, and many more. Also, the possibility of prosecution when the child soldiers seriously violate international criminal law is discussed. Lastly, the short study of three recent armed conflicts where the child soldiers were massively recruited is provided. International law seeks to provide child civilians with protection and care both because children are regarded as a part of the general civilian population and also because children are one of the more vulnerable groups in the population for which internation humanitarian law provides special protection and assistance. Both types of protection are disccused in the work, together, the special status of child prisoner of war is revealed. The main aim of the master thesis is to provide comprehensive study of international law concerning the child in armed conflict.

V Ukrajini so se leta 2014 po seriji različnih notranjih političnih kriz na vzhodu države, v regiji Donbas, pojavila separatistična gibanja, katerih pripadniki so za regiji Doneck in Lugansk zahtevali odcepitev od države. Začetnim protestom je sledil konflikt, ki ga že od vsega začetka zaznamuje prepletanje delovanja različnih vpletenih strani: upornikov na eni in ukrajinske oblasti na drugi strani, kot tudi mednarodne skupnosti. Na eni strani sta Evropska unija in NATO, ki si zadnji dve desetletji na različne načine prizadevajo za integracijo vzhodnoevropskih držav. Na drugi strani je Ruska federacija, ki je še vedno izrazito povezana z republikami nekdanje Sovjetske zveze in nanje tudi močno vpliva. Širjenje vplivov iz EU in ZDA oziroma zahoda na splošno v teh državah domnevno ogroža ruske interese in interese proruske struje v Ukrajini. Magistrsko delo prikazuje zgodovinski razvoj Ukrajine in zapletene družbene, gospodarske in politične razmere, prisotne v državi, ki pripomorejo k razumevanju razvoja in poteka konflikta. Temu sledita analiza medijskega poročanja in vloge medijev v razvoju konflikta in političnogeografska analiza konflikta ter njegov vpliv na širše dogajanje in odnose v Evropi in svetu ; After a series of various internal political crises in eastern Ukraine in 2014, separatist movements appeared in the Donbas region, demanding secession of the Donetsk and Luhansk regions. The initial protests were followed by a conflict marked throughout by the intertwining actions of the various parties involved: the rebels, the Ukrainian authorities as well as the international community. On the one hand, there is the European Union and NATO, striving for the integration of Eastern European countries over the last two decades. On the other hand, there is the Russian Federation, still strongly connected with the republics of the former Soviet Union and exerting a strong influence on them. Supposedly, the growing influences of the EU, the US and the West in general in these countries pose a threat to the Russian interests and the interests of the pro-Russian movement in Ukraine. This master's thesis presents the historical development of Ukraine and its complex social, economic and political conditions, shedding light on the development and course of the conflict in the country. It then provides an analysis of the role of the media in the development of the conflict, as well as a political geographic analysis of the conflict and its impact on the events and relations on European and global level.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

The topic of master thesis – Legal Regulation of the Protection of Cultural Heritage during Armed Conflict. The object of research consists of comprehensive analysis of cultural property concept, by focusing on the legal protection given by international humanitarian law. Moreover, the work tackles the main questions related to cultural property protection, such as: what is the scope of the legal protection granted for the cultural property by the main international conventions? What are the most effective legal measures combating destruction of cultural objects? How do the international criminal tribunals shape the concept of criminal responsibility for all kinds of damage made to historic and archaeological monuments? The first chapter of the thesis presents concept of cultural property. This part of the paper is focused on analytical evaluation of definition established by different international conventions. Furthermore, this part provides comparative evaluation of two different attitudes towards cultural property category – cultural nationalism and cultural internationalism. Next chapter displays legal protection system dedicated to cultural property, by critically assessing general, special and enhanced protection, identifying reasons causing application of different level protection. Also, addressing situations when the legal protection may be waived. In the third chapter reference is made to the separate legal measures ensuring protection of cultural property in the event of armed conflict. This chapter analyses cultural property marking, transportation and restitution system, international institutional bodies combating all forms of cultural property destruction and international criminal tribunals as a mean to protect cultural property. All legal measures are assessed by identifying occurring practical obstacles, special attention is given to precedents of criminal tribunals. The last chapter addresses the main challenges that current legal regulation of protection of cultural property is facing. It gives overview whether the legal regime is capable of combating the evolving issue of illicit traffic of cultural property, also tackles application of international criminal responsibility to non-state actors and identifies possible reasons of current legal legislation inefficiency.

Konflikti so del našega vsakdana, so nujni in neizogibni. V literaturi najdemo različne definicije samega konflikta. Iršič (2010) konflikt pojmuje kot stanje nasprotujočih si teženj v nekem sistemu, tako v posamezniku, kot med osebami znotraj določene skupnosti oziroma prostora, ali med skupinami, ki so del večje skupnosti ali delujejo na področju, kjer se križajo interesi. Kljub negativnemu prizvoku pa ima konflikt tudi številne pozitivne učinke. Medtem, ko so posledice nerazrešenih konfliktov večinoma negativne. Poznamo več vrst konfliktov. Medosebni oziroma interpersonalni konflikti so sestavni del vsake šole in se pojavljajo med vsemi udeleženci v šoli. Ljudje se na konflikte različno odzivamo, prav tako jih na različne načine razrešujemo. V novejši literaturi najdemo tri postopke reševanja konfliktov. Cohen (2012) govori o pogajanju, mediaciji in arbitraži. V sami diplomski nalogi nas je podrobneje zanimala mediacija oziroma vrstniška mediacija, ki je v zborniku Kazen v šoli (2010) opisana kot proces, v katerem sta udeležena vsaj dva učenca/dijaka, med katerima je prišlo do nesoglasja, konflikta, spora. Oba morata biti pripravljena nastalo situacijo razrešiti na miren, strpen, produktiven način, ki lahko pripelje do konkretne, prostovoljne in dogovorno dosežene rešitve. Pri tem jima pomaga tretji, nevtralni vrstnik, ki z različnimi tehnikami, veščinami in znanji učencema/dijakoma v konfliktu pomaga pri razlagi različnih pogledov, izražanju želja in potreb, da bi poiskala najboljšo med možnimi rešitvami. Nevtralni osebi, ki sodeluje v procesu mediacije rečemo mediator. Čeprav vrstniška mediacija temelji na tem, da vrstniki sami razrešujejo medsebojne konflikte, sta še vedno potrebna podpora in nadzor odrasle osebe, v tem primeru koordinatorja. Zanimalo nas je, kako vrstniška mediacija deluje v praksi na izbranih osnovnih šolah ter kako učinkovita je kot strategija reševanja konfliktov med učenci. S pomočjo analize intervjujev smo predstavili pozitivne učinke vrstniške mediacije ter njeno uporabnost in učinkovitost na izbranih osnovnih šolah skozi oči vrstniških mediatorjev. ; Conflicts are a part of our daily routine, necessary and inevitable. Literature states different definitions of conflict. Iršič (2010) regards conflict as a state of contradictory views in a system, in an individual, as well as among people inside a certain community or space, or among groups, which are part of a larger society or work on different fields with cross interests. Despite the hint of negativity, conflict has several beneficial effects. However, the consequences of unsolved conflicts remain negative. Several forms of conflicts are known – mutual or interpersonal conflicts are a basic part of every school and emerge among all attendees. People react differently to conflicts, as well as their solutions. In recent literature three possibilities of conflict solution are mentioned. Cohen (2012) talks about negotiation, mediation and arbitrage. The main focus of our thesis is mediation or peer mediation, described in miscellany Punishment in school (2010) as a process in which at least two pupils, having a conflict, dispute or difference, participate. Both have agreed on solving the situation on a calm, tolerant and productive way, which can lead to a concrete, voluntary and consensus solution. A third, neutral peer, with different techniques, skills and knowledge, helps the pupils in dispute by interpreting different perspectives and expressing wishes or needs, in order to find the best possible solution. A neutral person, involved in the process of mediation is called a mediator. Although peer mediation is based on teenagers solving mutual conflicts on their own, a support of an adult is still needed – in this case a coordinator. Our interest was how peer mediation works in practice on chosen primary schools and how effective it is as a strategy of teenage conflict solving. With interview analysis the positive effects of peer mediation and its applicability and efficacy were presented on chosen primary schools through the perspective of a peer mediator.

Agricultural land is Lithuania's national property. Agriculture in Lithuania is a priority area which is of great economic, social and environmental significance. On 1 May 2014 the established transitional period of accession of the Republic of Lithuania to the European Union expired, during which the acquisition of agricultural land was restricted to foreign entities. In order to enforce some safeguards on land acquisition and to prevent it from becoming the object of speculations between foreigners and the citizens of the Republic of Lithuania a new amendment to the Provisional Law on the Acquisition of Agricultural Land was introduced. The Provisional Law on the Acquisition of Agricultural Land established additional safeguards which restricted the possibilities of land acquisition not only to the foreign entities but also to the citizens of Lithuania. A person who wants to acquire agricultural land must meet high requirements, have a diploma of agricultural education and be engaged in agricultural activities. It is also requested to fill the purchaser's declaration and get a permit of National Land Service. There are many other requirements which will be analysed in this paper. The question then arises: Do such strict law regulations violate the right of private ownership and freedom of individual economic activity which is established in Article 46 of the Constitution of the Republic of Lithuania? It is important to mention that on 26 March 2015 the European Commission started a legislative procedure against Lithuania because of agricultural land acquisition constraints. The fact that the European Commission started a legislative procedure on its own initiative proves that agricultural land acquisition constraints possibly restrict an individual's freedom of action. The aim of this postgraduate paper is to analyse the ways of agricultural land acquisition, to determine the constraints established in the laws and to answer the question if agricultural land acquisition constraints do not violate the principle of economic freedom.

Agricultural land is Lithuania's national property. Agriculture in Lithuania is a priority area which is of great economic, social and environmental significance. On 1 May 2014 the established transitional period of accession of the Republic of Lithuania to the European Union expired, during which the acquisition of agricultural land was restricted to foreign entities. In order to enforce some safeguards on land acquisition and to prevent it from becoming the object of speculations between foreigners and the citizens of the Republic of Lithuania a new amendment to the Provisional Law on the Acquisition of Agricultural Land was introduced. The Provisional Law on the Acquisition of Agricultural Land established additional safeguards which restricted the possibilities of land acquisition not only to the foreign entities but also to the citizens of Lithuania. A person who wants to acquire agricultural land must meet high requirements, have a diploma of agricultural education and be engaged in agricultural activities. It is also requested to fill the purchaser's declaration and get a permit of National Land Service. There are many other requirements which will be analysed in this paper. The question then arises: Do such strict law regulations violate the right of private ownership and freedom of individual economic activity which is established in Article 46 of the Constitution of the Republic of Lithuania? It is important to mention that on 26 March 2015 the European Commission started a legislative procedure against Lithuania because of agricultural land acquisition constraints. The fact that the European Commission started a legislative procedure on its own initiative proves that agricultural land acquisition constraints possibly restrict an individual's freedom of action. The aim of this postgraduate paper is to analyse the ways of agricultural land acquisition, to determine the constraints established in the laws and to answer the question if agricultural land acquisition constraints do not violate the principle of economic freedom.

Agricultural land is Lithuania's national property. Agriculture in Lithuania is a priority area which is of great economic, social and environmental significance. On 1 May 2014 the established transitional period of accession of the Republic of Lithuania to the European Union expired, during which the acquisition of agricultural land was restricted to foreign entities. In order to enforce some safeguards on land acquisition and to prevent it from becoming the object of speculations between foreigners and the citizens of the Republic of Lithuania a new amendment to the Provisional Law on the Acquisition of Agricultural Land was introduced. The Provisional Law on the Acquisition of Agricultural Land established additional safeguards which restricted the possibilities of land acquisition not only to the foreign entities but also to the citizens of Lithuania. A person who wants to acquire agricultural land must meet high requirements, have a diploma of agricultural education and be engaged in agricultural activities. It is also requested to fill the purchaser's declaration and get a permit of National Land Service. There are many other requirements which will be analysed in this paper. The question then arises: Do such strict law regulations violate the right of private ownership and freedom of individual economic activity which is established in Article 46 of the Constitution of the Republic of Lithuania? It is important to mention that on 26 March 2015 the European Commission started a legislative procedure against Lithuania because of agricultural land acquisition constraints. The fact that the European Commission started a legislative procedure on its own initiative proves that agricultural land acquisition constraints possibly restrict an individual's freedom of action. The aim of this postgraduate paper is to analyse the ways of agricultural land acquisition, to determine the constraints established in the laws and to answer the question if agricultural land acquisition constraints do not violate the principle of economic freedom.

The aim of this article is to find out why the Constitutional Court, while examining constitutional justice cases, formulating the provisions of the official constitutional doctrine and, finally, choosing a specific solution of the case, could or sometimes even should take into consideration soft law norms and the constitutional law development tendencies. The legal effects produced by the soft law was undeniably recognized in Garibaldi's case by the Court of Justice of European Union and the obligation for national courts implementing the EU law to pay attention to the EU's soft law norms was settled out. Most likely this obligation means that national courts have to prove that they are familiar with the appropriate soft law norms and after choosing their own solution meeting soft law norms or not, they should indicate the reasons of chosen different interpretation than recommended. It can be stated that the necessity to pay respect to the soft law in constitutional jurisprudence in appropriate cases is inevitable, if the Constitutional Court do not seek to isolate itself from European and international constitutional context. It is even more so, when there are no binding acts in the specific field of law. It goes without saying that the Constitutional Court would rely on such documents only if there will be no contradictions with the constitutional provisions and will correspond to the particularities of national legal system. Soft law can be perceived as the source of inspiration for judges examining constitutional justice cases and formulating constitutional doctrine and as the signpost for lawmaking subjects adopting binding acts. Sometimes soft law can help understand the complicated or unclear provisions of binding acts and foresee possible consequences, and sometimes it is the only legal act regulating some sort of relationships, especially when it concerns new challenges arising to the changing societies (such as technological progress that obviously will affect human rights and freedoms etc.). There is no reason to invent the new definitions pertinent to the constitutional justice case if they are enshrined in the legal act, even if it is soft, adopted by the competent institution of constitutional law. Soft law is often taken into consideration in the texts of constitutional judgments as a part of international context of the case, as explanatory documents of the notions or examined principles, as the strengthening piece of chosen reasoning and sometimes even as the part of interpretation of constitutional norms. The jurisprudence of Lithuanian, Latvian and Moldovan constitutional courts was analyzed in order to prove the expansion of the use of soft law and the necessity to continue to do so. The constitutional soft law regulates issues common to all the democratic states as it is based on universally recognized principles of democracy, the rule of law and protection of human rights. Adopted mostly by the European Commission "For the Democracy through Law" (known as Venice Commission) it proposes legal regulation and some solutions of the constitutional problems that are not adopted or implemented in the national legal system, but should be followed by all the states which have chosen the path of democracy. Therefore, it is not only possible, but sometimes it is necessaire to let the soft law guide. And as the constitutional soft law is based on the values that could be derived from almost all democratic constitution, the possibility that there could be contradiction with the national constitutional provision or that it could menace to the principle of the supremacy of the Constitution doesn't seem very plausible.

The aim of this article is to find out why the Constitutional Court, while examining constitutional justice cases, formulating the provisions of the official constitutional doctrine and, finally, choosing a specific solution of the case, could or sometimes even should take into consideration soft law norms and the constitutional law development tendencies. The legal effects produced by the soft law was undeniably recognized in Garibaldi's case by the Court of Justice of European Union and the obligation for national courts implementing the EU law to pay attention to the EU's soft law norms was settled out. Most likely this obligation means that national courts have to prove that they are familiar with the appropriate soft law norms and after choosing their own solution meeting soft law norms or not, they should indicate the reasons of chosen different interpretation than recommended. It can be stated that the necessity to pay respect to the soft law in constitutional jurisprudence in appropriate cases is inevitable, if the Constitutional Court do not seek to isolate itself from European and international constitutional context. It is even more so, when there are no binding acts in the specific field of law. It goes without saying that the Constitutional Court would rely on such documents only if there will be no contradictions with the constitutional provisions and will correspond to the particularities of national legal system. Soft law can be perceived as the source of inspiration for judges examining constitutional justice cases and formulating constitutional doctrine and as the signpost for lawmaking subjects adopting binding acts. Sometimes soft law can help understand the complicated or unclear provisions of binding acts and foresee possible consequences, and sometimes it is the only legal act regulating some sort of relationships, especially when it concerns new challenges arising to the changing societies (such as technological progress that obviously will affect human rights and freedoms etc.). There is no reason to invent the new definitions pertinent to the constitutional justice case if they are enshrined in the legal act, even if it is soft, adopted by the competent institution of constitutional law. Soft law is often taken into consideration in the texts of constitutional judgments as a part of international context of the case, as explanatory documents of the notions or examined principles, as the strengthening piece of chosen reasoning and sometimes even as the part of interpretation of constitutional norms. The jurisprudence of Lithuanian, Latvian and Moldovan constitutional courts was analyzed in order to prove the expansion of the use of soft law and the necessity to continue to do so. The constitutional soft law regulates issues common to all the democratic states as it is based on universally recognized principles of democracy, the rule of law and protection of human rights. Adopted mostly by the European Commission "For the Democracy through Law" (known as Venice Commission) it proposes legal regulation and some solutions of the constitutional problems that are not adopted or implemented in the national legal system, but should be followed by all the states which have chosen the path of democracy. Therefore, it is not only possible, but sometimes it is necessaire to let the soft law guide. And as the constitutional soft law is based on the values that could be derived from almost all democratic constitution, the possibility that there could be contradiction with the national constitutional provision or that it could menace to the principle of the supremacy of the Constitution doesn't seem very plausible.