Teisėjų nepriklausomumo problema Lietuvoje 1940-1941 metais.
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The author of the article analyzes the problem of independence of judges in soviet Lithuania in 1940–1941. The author discusses the guarantees of the independence of judges, one of which is the group of guarantees of judiciary formation process. Due to the restrictions of the articles volume in this research the author examines two main elements of judiciary formation process in soviet Lithuania – the selection of judges and the judge elections in 1940-1941. In contrast to Western law traditions, according to soviet law doctrine the only subject of implementation of soviet justice was not courts and judges, but only the people. For this reason the independence of judges in soviet Lithuania was used not for ensure judges independence, but, in contrary, for the ensure of judges dependence from communist party as only this party was entitled to deliver what the justice is. In soviet law literature it is stated that in the process of judge selection there were two main subjects: the Peoples Commissariat of Justice and the party committees. But, according to the archives, the only subject of judge selection was the Center committee of Lithuanian communist party – it was the only subject entitled to make final decision about the suitability of the candidate to become a soviet judge. The selection of soviet judges in 1940-1941 was based on two main criteria, which were not determined in legal acts: the political and professional qualifications. As in 1940–1941 Lithuanian communist party was not numerous, the membership in the communist party was not the condition of becoming a soviet judge. The political qualification of the candidate to the soviet judge was identified by the candidates’ loyalty to the party which was estimated according to his or her and his or her family social status, nationality, profession, the main occupation before 15 th of June 1940 and after that date, the participation in opposition or trade union, the determination to implement party line and the connections with foreign countries. In 1940 the requirement for judges of special legal education was abolished, in result this let to format soviet courts from persons which had no legal work experience. The legal qualification of soviet judges was improved in law courses and in law schools. In soviet law doctrine the model of the appointment of the judges was rejected, so soviet judges in Lithuania in 1940–1941 were elected, but the system of soviet judges elections was created so that only the party had right to decide about the “election” of a judge.
- Straipsniai / Articles