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The Highest Rate of Public Trust in Judiciary in Twenty Years in Lithuania: Trend or Coincidence?

Summary

Until 2018 public trust in judiciary in Lithuania was more negative than positive. Results of 2018 are exceptional as show the highest rates of trust in 22 years. The aim of this article – to find out if these results are coincidence or indicate increase of public trust in judiciary. To explore this issue this paper will analyze the concept and dynamics of trust in judiciary, possible measures of professionalism and examine how these aspects are reflected in Lithuanian judiciary. Our research reveals two main reasons for the improved trust in the judiciary: good performance including use of technology and greater transparency that provides the public greater access to information about the justice system.

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Multidimensional and Equivocal: The Theoretical and Philosophical Issues of Legal Sanctions

Summary

The social order, and especially the legal order, is implemented and maintained by institutions whose actions are based on the application of various forms of legal constraint. A sanction in the law may take various forms, as diversified in content may be the legislative justifications for them. The article deals with reflection on sanctions. It begins with a linguistic note: “sanction” as a semantic category and a term from juristic language. Then in the theory of law as an element of the structure of the norm. Authors also point out that sanctions exist in normative systems other than the law and they start reasoning by citing the view that the most important goal of establishing sanctions is to prompt adequate motivation of the subjects to comply with the norm (legal or other). In the essential part of the article the authors refer the division and typology of sanctions and theirs construction. In the final and most important part of the article the classical point of view - quoted at the beginning - is confronted with the order of international law, which is sometimes recognized as as lex imperfecta - as the international public law (law of nations) hasn’t developed a system of institutionalized sanctions ensuring observance of its norms. The authors suggest that it is a mistake committed the most frequently by lawyers not expert in international public law unjustifiably and incorrectly transfer the apparatus of notions with precisely assigned significance straight from the theory of domestic (in this case, Polish) law into the sphere of research on public international law. For the international law is shaped as a decentralized structure, within which the question of the execution of behaviours complying with its principles and rules belong to the duties of the subjects of that law-members of international society. The effectiveness, efficiency and purposefulness of the law is not completely nor exclusively conditioned by the existence and type of legal constraint and the international law has not been deprived of the attribute of law. The only real thing is only that a sanction has not always been automatically and immediately applied in case of infringement of a legal duty, since launching a sanction may require a specific legal action on behalf of another entitled subject of international law.

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Impeachment in the U. S. Constitution and Practice – Implications for the Czech Constitution

Summary

The goal of this article is to critically evaluate, what role the impeachment plays in the U. S. Constitutional system and how it contributes to ensuring accountability of elected officials in the USA. To this end, the author will provide a short overview of the development of the institution of impeachment, discuss the current regulation of impeachment in the U. S. Constitution and the application of impeachment in practice, assessing its efficiency and role in the constitutional system. Finally, the conclusions will be reflected upon from the viewpoint of the Czech Constitutional system and its model of constitutional accountability.

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Restorative Justice in the Conditions of the Slovak Republic

Summary

Nowadays, traditional criminal policy is facing its limits and is unable to cope with the rising criminality. Current criminal justice based on repressive approaches is unable to face serious obstacles and problems, namely in efficiency of punishment, poor protection of victims, and slow and overburdened criminal courts. New models of criminal judiciary based on principles of restorative justice have been unveiled while traditional systems of criminal justice are facing a serious crisis. The conception of restorative justice is one of the most modern and progressive of current approaches to criminal law that deserves to be implemented into the Slovakia criminal judiciary system. Author focused on punishments as home arrest, compulsory labour and financial penalty.

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Comparative Study on the Pre-trial Detention with Reference to the New Hungarian Code on Criminal Procedure

Summary

The decision of legislating the new Criminal Procedure Code made by the Hungarian Government in 2015 was necessary with special reference to the new forms of criminality and criminal investigation. The conception of the new Code on Criminal Procedure (hereinafter: new Code) was accepted by the Government on 11 February in 2015. The directives of the conception were the followings: efficiency, rapidity, simplicity, up-to-dateness, coherency and expediency. Not only the European but also the international requirements and the Hungarian legal traditions were followed by the legislation. Two years after the mentioned decision the new Code was adopted on 13 June 2017, and it will come into force on 1 July 2018. It shall be underlined that many procedural rules will be modified or changed in the new Code. The aim of this study to highlight some changes and amendments in the field of the coercive actions with special reference to the pre-trial detention. The characteristic of the paper will be the analytical and comparative method, and it deals with not only the Act on Criminal Procedure in force (Act XIX of 1998, hereinafter: Act in force), but also the new Code (Act CX of 2017) as well.

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Position of Judicial Officers in the Czech Republic in Comparison with other European Countries

Republic, 24. 1. 2001 [quoted on 29. 1. 2017]. Available at < http://www.psp.cz/eknih/1998ps/stenprot/032schuz/s032049.htm#r8 >. CEPEJ means The European Commission for the Efficiency of Justice. The CEPEJ is made up of representatives of the 47 member states of the Council of Europe. Its aim is the improvement of the efficiency and functioning of justice in the member States, and the development of the implementation of the instruments adopted by the Council of Europe – See What are the objectives of the CEPEJ? [online]. Council of Europe [quoted on 29. 1. 2017

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