One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign countries, is analyzed (...) in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania – a frequent and sustained application of imprisonment. (shrink)

The comparative historical method provided the possibility to perform a retrospective analysis of parole release, learn about the origin of the institution and the trends of its development within the historical dialectics, evaluate its social importance and benefits, distinguish its positive and negative characteristics, and forecast the model that would be more acceptable in Lithuania today. In order to create a versatile standpoint regarding the variety of conceptions (models) of this institution, the author analyzes the evolution of release on parole, (...) because without an analysis of the historic world outlook it would be impossible to perceive the essence of the modern model of release on parole, to disclose its content, to identify the factors influencing its formation and foresee the perspectives of its further evolution. (shrink)

The article analyses the regulation for premature termination of the Parliament in Latvia. The introductory part of the article provides a short characteristic of the Constitution of Latvia - the Satversme adopted in 1922, and outlines the basic principles of legal regulation of the Parliament, i.e. the Saeima. Further chapters of the article analyse historic development of the premature termination of the Parliament. On 15 February, 1922, when the Satversme was adopted, only one mechanism for the premature termination of the (...) Parliament was established there: dissolution of the Saeima. However, relatively recently, in 2009, after a prolonged public discussion another mechanism for the premature termination of the activity of the Saeima was established, which was the recall.1 Both models of the termination of the activities of the Parliament are analysed in the article by specifying the principal differences between them. Along with the analysis of the provisions of the Constitution and theory, the practice of dissolution of the Saeima is characterised as well, because in 2011 the Parliament (the Saeima) was dissolved in a constitutional way for the first and so far the only time in the history of Latvia and extraordinary elections were held. (shrink)

The constitutional system of the Czech Republic, which is established on the principles of a parliamentary form of government, takes into account the possibility of dissolving the Chamber of Deputies of the Parliament of the Czech Republic. The Chamber of Deputies is a chamber to which the government is accountable and this is the chamber in which the major part of the authority of Parliament is concentrated. Parliamentary systems have been also structured according to whether a certain amount of balance (...) of power is preserved between parliament and the government. A typical characteristic of every parliamentary form of government is the possibility for a vote of confidence in the government by parliament, meaning a dependency of the government on the will of parliament. Some parliamentary systems counterbalance this relationship with a greater or lesser possibility for the government of dissolving that chamber of parliament, which votes confidence in it. This makes it possible for the government to be able to more significantly fulfil the role of political leader in a given country and it can actively initiate and form a political state. (shrink)