Suchergebnisse

Legislation is one of the fundamental state powers. Its importance is based on the fact that states legal order is created by laws. In Lithuania a law is defined as an act of primary legislation enacted under the procedure prescribed by the Constitution and the Statute of the Seimas, expressing the will of lawmaker and having the highest legal force. Laws are passed following legislative procedure which is the legitimacy of legislation. Legislation procedure can be described as the whole complex of legally significant acts necessary for the adoption of a law and performed in rigid sequence of logic and time. The following stages of the legislative procedure are recognized: the legislative initiative, the consideration of the draft law, the adoption of the draft law and the promulgation. Under Constitution of the Republic of Lithuania the right of legislative initiative belongs to the members of Seimas, The President of Republic, the Government and no less than 50 thousand Lithuanian citizens who are entitled to vote. The consideration of the draft law can be divided into the consideration of the draft law at the principal Committee and the consideration of the draft law at the Seimas. At the Seimas Committees the most thorough analysis of the legal act under preparation is made, consultations of specialists are provided and opinions are heard. Whereas the consideration of the draft law at the Seimas helps to realize the majority rule. During the adoption of the draft law the opinions of the members of Seimas are coordinated and single will is issued. The laws come into effect after they have been signed by the President and after they have been published in the "Official Gazette" ("Valstybės žinios"). The President can decide not to sign the law adopted by Seimas and return it to Seimas to repeat the consideration.

Legislation is one of the fundamental state powers. Its importance is based on the fact that states legal order is created by laws. In Lithuania a law is defined as an act of primary legislation enacted under the procedure prescribed by the Constitution and the Statute of the Seimas, expressing the will of lawmaker and having the highest legal force. Laws are passed following legislative procedure which is the legitimacy of legislation. Legislation procedure can be described as the whole complex of legally significant acts necessary for the adoption of a law and performed in rigid sequence of logic and time. The following stages of the legislative procedure are recognized: the legislative initiative, the consideration of the draft law, the adoption of the draft law and the promulgation. Under Constitution of the Republic of Lithuania the right of legislative initiative belongs to the members of Seimas, The President of Republic, the Government and no less than 50 thousand Lithuanian citizens who are entitled to vote. The consideration of the draft law can be divided into the consideration of the draft law at the principal Committee and the consideration of the draft law at the Seimas. At the Seimas Committees the most thorough analysis of the legal act under preparation is made, consultations of specialists are provided and opinions are heard. Whereas the consideration of the draft law at the Seimas helps to realize the majority rule. During the adoption of the draft law the opinions of the members of Seimas are coordinated and single will is issued. The laws come into effect after they have been signed by the President and after they have been published in the "Official Gazette" ("Valstybės žinios"). The President can decide not to sign the law adopted by Seimas and return it to Seimas to repeat the consideration.

Legislation is one of the fundamental state powers. Its importance is based on the fact that states legal order is created by laws. In Lithuania a law is defined as an act of primary legislation enacted under the procedure prescribed by the Constitution and the Statute of the Seimas, expressing the will of lawmaker and having the highest legal force. Laws are passed following legislative procedure which is the legitimacy of legislation. Legislation procedure can be described as the whole complex of legally significant acts necessary for the adoption of a law and performed in rigid sequence of logic and time. The following stages of the legislative procedure are recognized: the legislative initiative, the consideration of the draft law, the adoption of the draft law and the promulgation. Under Constitution of the Republic of Lithuania the right of legislative initiative belongs to the members of Seimas, The President of Republic, the Government and no less than 50 thousand Lithuanian citizens who are entitled to vote. The consideration of the draft law can be divided into the consideration of the draft law at the principal Committee and the consideration of the draft law at the Seimas. At the Seimas Committees the most thorough analysis of the legal act under preparation is made, consultations of specialists are provided and opinions are heard. Whereas the consideration of the draft law at the Seimas helps to realize the majority rule. During the adoption of the draft law the opinions of the members of Seimas are coordinated and single will is issued. The laws come into effect after they have been signed by the President and after they have been published in the "Official Gazette" ("Valstybės žinios"). The President can decide not to sign the law adopted by Seimas and return it to Seimas to repeat the consideration.

Legislation is one of the fundamental state powers. Its importance is based on the fact that states legal order is created by laws. In Lithuania a law is defined as an act of primary legislation enacted under the procedure prescribed by the Constitution and the Statute of the Seimas, expressing the will of lawmaker and having the highest legal force. Laws are passed following legislative procedure which is the legitimacy of legislation. Legislation procedure can be described as the whole complex of legally significant acts necessary for the adoption of a law and performed in rigid sequence of logic and time. The following stages of the legislative procedure are recognized: the legislative initiative, the consideration of the draft law, the adoption of the draft law and the promulgation. Under Constitution of the Republic of Lithuania the right of legislative initiative belongs to the members of Seimas, The President of Republic, the Government and no less than 50 thousand Lithuanian citizens who are entitled to vote. The consideration of the draft law can be divided into the consideration of the draft law at the principal Committee and the consideration of the draft law at the Seimas. At the Seimas Committees the most thorough analysis of the legal act under preparation is made, consultations of specialists are provided and opinions are heard. Whereas the consideration of the draft law at the Seimas helps to realize the majority rule. During the adoption of the draft law the opinions of the members of Seimas are coordinated and single will is issued. The laws come into effect after they have been signed by the President and after they have been published in the "Official Gazette" ("Valstybės žinios"). The President can decide not to sign the law adopted by Seimas and return it to Seimas to repeat the consideration.

A fair assessment of the evidence is very important in any type of process. For this purpose, it is very often useful to follow the findings of specialists and experts. The results of expert research are used to implement the tasks of administering justice. Timely and high-quality expert investigations should help courts to establish the truth in administrative cases, and pretrial investigation institutions to detect offenses quickly and in detail. The purpose of this study is to analyze the status of private experts during the administrative process, determining the relevance of their findings in the evidentiary process. The study found that the application of expertise in the administrative process is of particular importance. A private forensic expert has a dual status in administrative proceedings, i. y. he may act as a specialist in his field and draw up the relevant documents in accordance with the legislation governing that field, or he may act as a private forensic expert who draws up the findings of an expert examination in accordance with procedural law and the Forensic Law. The status of a forensic expert is a procedural status and is to be used in accordance with the Law on Administrative Procedure and the Law on Forensic Examination only in actions related to the parties to the proceedings in the investigation and hearing of cases. A private expert who performs forensic examination or privately consults the parties to the proceedings must comply with the provisions of the Code of Professional Ethics of Forensic Experts and the rights and obligations established in the Law on Administrative Procedure and the Law on Forensic Examination. An analysis of the provisions of the above-mentioned legal regulation and case law leads to the conclusion that private experts are subject to the same requirements in the administrative process as for forensic experts, but their rights are limited.

A fair assessment of the evidence is very important in any type of process. For this purpose, it is very often useful to follow the findings of specialists and experts. The results of expert research are used to implement the tasks of administering justice. Timely and high-quality expert investigations should help courts to establish the truth in administrative cases, and pretrial investigation institutions to detect offenses quickly and in detail. The purpose of this study is to analyze the status of private experts during the administrative process, determining the relevance of their findings in the evidentiary process. The study found that the application of expertise in the administrative process is of particular importance. A private forensic expert has a dual status in administrative proceedings, i. y. he may act as a specialist in his field and draw up the relevant documents in accordance with the legislation governing that field, or he may act as a private forensic expert who draws up the findings of an expert examination in accordance with procedural law and the Forensic Law. The status of a forensic expert is a procedural status and is to be used in accordance with the Law on Administrative Procedure and the Law on Forensic Examination only in actions related to the parties to the proceedings in the investigation and hearing of cases. A private expert who performs forensic examination or privately consults the parties to the proceedings must comply with the provisions of the Code of Professional Ethics of Forensic Experts and the rights and obligations established in the Law on Administrative Procedure and the Law on Forensic Examination. An analysis of the provisions of the above-mentioned legal regulation and case law leads to the conclusion that private experts are subject to the same requirements in the administrative process as for forensic experts, but their rights are limited.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The subject matter of the article is to reveal the purpose of criminal procedure which is consolidated in the criminal procedure code of Lithuania. The concept, functions, forms, stages of the criminal procedure are discussed in the first part of the article on purpose to demystify circumstantial purpose of criminal procedure. It is asserted the need of criminal procedure, as a separate type of law, and its connection with the principles which are consolidated in the Constitution of Lithuania. Lithuaniain conception of criminal procedure is compared with the concept which is settled in the United States of America and Germany. Taking in consideration functions, forms and stages they are associated with the pending subject and it is revealed how they assist to implement the purpose of criminal procedure. Particular principles, which completeness helps to obtain the purpose of criminal procedure, are rationalised and explained in the second part of the article. The aspects of the defence of human, citizen, society and state rights, the quickness of process, comprehensive detection of crimes, proper use of legislation, proper punishment of a man who commited a crime and a demand that an innocent man would not be punished are considered. Some judgements and explications of Constitutional Court, Supreme Court and Europen Court of Human Rights are introduced which reflect the use of mentioned principles. The doctrine of law is analised. The author of the article makes conclusions and suggestions how to make principles function better and how more rationally implement the purpose of criminal procedure.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

The majority of the countries applied the doctrine of absolute state immunity till the second half of the XX-th century, however, as the world trade has changed, a new doctrine of a restricted immunity has become relevant. The latter imposes that the state participates on equal basis with other persons and does not use its immunity in private legal relations. To be true, this overturn has not happened suddenly, but as a result of court practise in the separate countries. As a result of that, the European Convention on State Immunity was signed in Basel in 1972, and the United Nations codified appropriate countries and their property, and immunities in the Convention on Jurisdictional Immunities of States and Their Property in 2004. It's a pity, but the latter has not been in effect yet, so a state immunity has not exceeded the international custom institute. The Civil Procedure Code of the Republic of Lithuania 1964 established the absolute state immunity doctrine, as well. This norm is the Soviet Lithuania's heritage that has not met the changing social relations, political and economic structure of independent Lithuania. So the Supreme Court of the Republic of Lithuania in its 1998 year case V. Stukonis vs. USA Embassy established a restricted immunity doctrine. As there is no official common list of the exceptions from the state immunity, the particular exceptions are important. That is why the Thesis analyzes not only the commercial, but also exceptions in the labor law and delicts. The national courts, including Lithuanian ones, lack developing court practise, reflected by detailed legal reasoning in applying the exceptions from the state immunity. The rare examples, as the UK and the US, have passed the national legal acts, regulating the state immunity thus repeatedly proving the inconsecutive process of the state immunity regulation.

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.