bluuebunny/crossref_metadata_2025_split huggingface dataset:
Francijas tiesību ietekme uz izmeklēšanas tiesneša institūta izveidi Krievijas impērijas 1864. gada tiesu reformas ietvaros
Authors:   Latvijas Universitātes Juridiskā fakultāte, Skutele Signe 
Published: June 2021

During the reform of 20 November 1864, emulating the most current Western European legal traditions, especially considering the example of France and its outlook on rights, the institute of examining magistrate was created in the Russian Empire. Originally intended as a judge with all related guarantees, ultimately, with the aid of the police, it ended up performing an investigation under the supervision of prosecutors. Consequently, the inquisitorial procedures secured substantial impact on preliminary criminal proceedings. In this article, the author focuses on the analysis of historical genesis of the examining magistrate institute in France and the Russian Empire, researching the impact of the French law pertaining to the examining magistrate established under the reforms in the Russian Empire and the differences between the two countries regarding nature of the institute.
Tiesu varas jēdziens leģitimācijas kontekstā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Adamoviča Diāna 
Published: June 2021

In a democratic state, which is guided by the rule of law, the bodies of state draw their legitimate power from sovereign, including judiciary bodies. Therefore, the opinion of nation is of a critical importance. The aim of this paper is to find out whether the examined aspects of democratic legitimacy require judiciary to communicate with the society. In order to achieve this aim, the author will analyse historical reasons behind society’s trust in judiciary on the basis of philosophical categories. The author applies historical and analytical methods.
Satversmē ietverto vērtību jēdzienu satura konkretizēšana starp jurisprudences un politikas dzirnakmeņiem
Authors:   Latvijas Universitātes Juridiskā fakultāte, Pazare Iveta 
Published: June 2021

The paper discusses the notion of human dignity and specifies its scope in recent judgements by the Constitutional Court in 2020, resulting in opinion collisions among different social groups and even very harsh counter-reaction from the legislators, eventually leading to initiation of the Constitution amendments to change the “erroneous” judgement. Analysis of the Constitutional Court judgements identifies pre-requisites for judi­cial activism, as the Constitutional Court enters the domain of legislators, and it also evaluates whether such activism is permissible under the specific legal and political circumstances. In the final part of the paper, the author draws a considered conclusion that in this case judicial activism could be justified.
Noziedzīgi iegūtas mantas institūta tiesiskais regulējums Latvijas Republikā starpkaru periodā
Authors: Sergejeva Daira 
Published: June 2021

This article provides an insight into the basic principle of the Institute of Criminally Acquired Property during the interwar period in the Republic of Latvia. It is important to mention that nowadays, until the amendments of March 4, 2021 to Section 360 of the Criminal Procedure Law was adopted, if criminally acquired property has been found on a third person and criminally acquired property has been returned to the owner or lawful possessor thereof, a third person was only entitled to compensation. On the other hand, upon the entry into force of the amendments to Section 360 of the Criminal Procedure Law, a third person, similarly to the interwar period, in exceptional cases also has the right to property that has been recognized as criminally acquired.
Likums runā latviski: cīņas par juridisko valodu “Tieslietu Ministrijas Vēstneša” lappusēs
Authors:   Latvijas Universitātes Juridiskā fakultāte, Gailīte Dina 
Published: June 2021

Until the establishment of the Latvian state, the Latvian language was not used in public administration, laws, and the legal system. After the establishment of the state, the Latvian language became the state language, and there was an urgent need to develop terminology in numerous spheres, including justice. The authors of the publications of the law journal “Tieslietu Ministrijas Vēstnesis” (Journal of the Ministry of Justice) actively participated in this process. The discussions about terminology of two major codes, the Penal Law (Criminal Code) and the Civil Law (Civil Code), were particularly extensive.
Varas dalīšana Latvijā. Parlaments un valdība – amatu savienošana
Authors:   Latvijas Universitātes Juridiskā fakultāte, Hodosevičs Tomass 
Published: June 2021

The principle of separation of power as a principle of a democratic state, which is derived from the overriding principle of a state governed by the rule of law and falls within the scope of Article 1 of the Constitution of the Republic of Latvia (Satversme), determines the separation of branches of state power. The need to respect the principle derives from considerations of respect for the freedom of individuals and is well established. There is no doubt that a distinction must be made between authorities belonging to different branches of power, however, a disagreement emerges as regards the categorical nature of the principle of overlapping. Legislation of the Republic of Latvia allows for the concurrent performance of the positions of a member of the parliament and the government, which means that the state official acts simultaneously in the legislative and executive powers. Respective practices can lead to risks such as conflicts of interest and misuse of power.
Konfidencialitātes princips mediācijā un tā izņēmumi
Authors:   Biznesa augstskola Turība, Rone Dana 
Published: June 2021

The article analyses mediation confidentiality principle and its exceptions in Latvia. Mediation as one of ADR methods is legally regulated in several normative enactments. Since 2014, when Mediation Law was adopted, a number of mediated cases has substantially increased. One of the most significant keys of success of mediation is confidentiality. Any devaluation of mediation confidentiality endangers its effectiveness. A principle of confidentiality does not have explicit content and clear borderlines, especially if compared across different mediation legal enactments. The object of the article is a concept of confidentiality principle. The aim of the article is to analyze the scope of confidentiality principle, and to disclose legal weakness of mediation con­fidentiality protection.
Par tautas tiesībām un faktiskām iespējām grozīt Latvijas Republikas Satversmi
Authors:   Latvijas Universitātes Juridiskā fakultāte, Balodis Ringolds 
Published: June 2021

The article is dedicated to the mechanism – procedure for amending Latvian Constitution – Satversme. Satversme guarantees the people (totality of citizens) the right to amend Satversme in the procedure of referendums. The aim of the article is to clarify whether the people of Latvia really have means to amend Satversme, or is this right just a formal notion, and not enforceable in reality. The author explores whether the constitutional legislator, aiming to ensure constitutional stability, has not set an exaggeratedly high quorum of voters’ participation in the referendum for all articles of the Satversme, and whether the mechanism of referendum in Latvia has not become incapable of functioning.
Procesuālās autonomijas princips un tā ietekme uz nacionālo tiesību sistēmu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Briede Jautrīte 
Published: June 2021

The article begins with a general overview of the content of the principle of procedural autonomy, its development and basic criteria, focusing on the efficiency. The article also discusses some issues related to the findings of recent judgments of the Court of Justice of the European Union that could have an impact on Latvian procedural law.
Finanšu līdzekļu arests tiesību uz īpašumu aizstāvības kontekstā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Reinfelds Vadims 
Published: June 2021

The aim of this work is to analyse the problematic aspects of seizure of criminal assets. The paper examines 30 decisions of investigating judges to seize property and higher court decisions, as well as claims and other decisions related to seizure. The article mainly analyses the application of legal norms and general legal principles, as well as the inconsistency of certain legal norms with the constitution (Satversme). The most significant problems are the following: (1) the court does not assess the evidence on the merits; (2) there is no right to request the revocation of the asset seizure in court; (3) the time limits for asset seizure are disproportionately long; (4) the presumption of criminal origin is not restricted in practice to criminals or related parties; (5) suspicious activity is the only evidence of criminal origin. The problems manifest themselves as a violation of fundamental rights, including the right to a fair trial, equality before the law and the right to property.
Atteikšanās no militārā dienesta izpildes pacifisma vai principiālu iebildumu dēļ
Authors:   Latvijas Universitātes Juridiskā fakultāte, Katajeva Viktorija 
Published: June 2021

The purpose of the article is twofold: to determine whether the legal provisions of the Military Service Law contain restrictions of the refusal to perform military service due to pacifism or principled opposition; and to estimate whether such restrictions of fundamental rights are justified. The author concludes that the existing regulation does not comply with the principle of proportionality and thereby can be recognized as unjustifiable violation of the right to freedom of thought, conscience and religion.
Samērīguma principa izpratne un piemērošana publiskajā iepirkumā iesniegta piedāvājuma izvērtēšanā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Gaile Džeina 
Published: June 2021

The principle of proportionality is one of the most important principles of public law, and it has been included amongst the public procurement principles in Directive 2014/24/EU. It requires that action undertaken must be proportionate to its objectives. In this article, the author explores the place of this principle in the public procurement field and application in the process of evaluation of a tender. It is concluded that this principle is both important when determining procurement requirements and evaluating tenders. For example, the contracting authority should not reject a tender for formal reasons. However, it can be difficult to evaluate whether this principle is complied with since in evaluation of tenders it is applied on a case-by-case basis.
Publiskas personas neatbilstošas rīcības ar finanšu līdzekļiem ietekme
Authors:   Latvijas Universitātes Juridiskā fakultāte, Pankrate Elīna 
Published: June 2021

The purpose of this paper is to analyse the consequences and effect of inappropriate and unlawful management of financial resources and property by a public person. A management of financial resources and property by a public person is primarily assessed in the context if its action in the field of private law – by participating in commercial activities. This paper summarises the information about the effect and consequences brought about by operations with financial resources and property of public person by unlawful involvement in commercial activities, which the Competition Council has established in its practice.
Parlamentārās kontroles īstenošanas īpatnības un problēmjautājumi Covid-19 pandēmijas laikā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kuzņecovs Aleksandrs 
Published: June 2021

Due to rapid spread of Covid-19 worldwide, Latvian government declared the state of emergency. This decision was adopted by the parliament in order to contain the virus and undertake all the necessary measures to prevent its further spread. At the same time, it is clear that government’s actions undertaken within the state of emergency mostly remain unchecked. The absence of any legal basis for the parliament to extend their oversight during the state of emergency makes role of the parliament in these circumstances unclear. The current position of the parliament precludes political and legal liability over the executive and their officers. Lack of the delegated legislative and human rights restriction clause applicable specifically during the state of emergency raises questions regarding powers of the government and parliamentary control during the state of emergency. The article explores the possible solutions to rectify such flaws in the legal system of the Republic Latvia
Pieteikuma tiesības administratīvajā tiesā: nacionālo tradīciju un Eiropas Savienības tiesību savstarpējā mijiedarbība
Authors:   Latvijas Universitātes Juridiskā fakultāte, Bērtaite-Pudāne Inga 
Published: June 2021

Standing before court is one of the preconditions for admissibility of application, which is to be evaluated by a judge in every administrative case. The article proposes to look at this aspect of the national procedural law on a broader scale. Firstly, the article provides an insight as to how two fundamental models of standing vested by the administrative law have developed in the law of continental Europe – interest-based, which is embodied by France, and rights-based, which is embodied by Germany, and how they have influenced development of the standing in other countries. Secondly, the article explores an interaction between the national law of standing and the European Union law, focusing on the effect of the principle of effective judicial protection in respect of standing of individuals before the national courts.
Prettiesiskuma izpratnes problemātika krimināltiesībās
Authors:   Latvijas Universitātes Juridiskā fakultāte, Krastiņš Uldis 
Published: June 2021

The article provides an analysis of unlawfulness as one of the features pertaining to the common element of a criminal offence, and draws the distinction between unlawfulness and the constituent elements of a criminal offence. An opinion has been expressed that linkage of act (failure to act) to the violation of specific provisions regarding protection and precaution in the disposition of a complex criminal offence does not influence the form of guilt in the actual criminal offence. The author proposes an idea that the existence of a complex criminal offence has been determined by the significance of the object (interest) of the endangerment, the character of the harmful manifestation and other objective circumstances.
Krimināllikuma vispārīgās daļas normu attīstība, skaidrība un saprotamība
Authors:   Latvijas Universitātes Juridiskā fakultāte, Vīnkalna Evija 
Published: June 2021

Large number of the amendments made to the General Part of the Criminal Law is related to regulation of the punishment and its determination issues.The aim of the article is to analyse the development, significance, clarity and comprehensibility of punishment, its purpose, as well as its role in the formation of the punish­ment system and determination of punishment. The article draws attention to understanding of resocialisation of punished persons, taking into account that it, as a separate component of the punishment purpose, was included with the amend­ments of 13 December 2012, as well as that the amendments of 17 December 2020 (to enter into force on 1 January 2022) stipulate that resocialisation is primarily for minors.
Vai Krimināllikuma norādes par noziedzīgo nodarījumu vainas formām ir pietiekoši skaidras?
Authors:   Latvijas Universitātes Juridiskā fakultāte, Leja Māris 
Published: June 2021

The article deals with the flaws of the Criminal Law in determination of the particular form of mental element (mens rea) which is required for the specific criminal offense. Taking into account that the majority of legal provisions does not contain such indications, one of the elements of criminal offense is not described by the law. Such legislator`s approach raises doubts about the compliance of the Criminal Law with the principle of legal certainty. The article also criticizes opinions expressed in legal theory that attempt to fill the gaps allowed by the legislator, as well as offers amendments to the Criminal Law aiming to improve its coherence.
Maksāšanas līdzeklis un dati, kas dod iespēju nelikumīgi izmantot maksāšanas līdzekli, kā noziedzīga nodarījuma priekšmets
Authors:   Latvijas Universitātes Juridiskā fakultāte, Hamkova Diāna 
Published: June 2021

Taking into account the rapid development of digital economics, the article reviews understanding of the concepts “means of payment” and “data enabling the illegal use of a payment instrument”. In the Criminal Law, Section 193, paragraph two, and Section 193,1 paragraphs one and two legislator has determined liability for activities with different types of objects, understanding of which is a precondition for correct qualification of criminal offence. Admittedly, there is no uniform understanding of these issues in court practice. The aim of the article is to discuss these two objects of criminal offence in order to bring clarity in their under­standing and to make suggestions for distinguishing these two criminal offences.
Tiesību normu interpretācijas nozīme tiesību normu kvalitātes sekmēšanā: Krimināllikuma 191. panta gadījums
Authors:   Latvijas Universitātes Juridiskā fakultāte, Čevers Toms 
Published: June 2021

The article reveals the evolution of the Section 191 “Unauthorised Activities with Goods and Other Valuable Property Subject to Customs Clearance” of the Criminal Law of the Republic of Latvia. Author draws the attention to significant changes in grammatical, systematic and teleological interpretation of the scope of this legal norm. It has been found that current criminal offence no longer provides for a criminal liability for unlawful activities with smuggled goods in the interior market but it distinctly criminalizes violations of the rules of customs procedures when the goods have been previously imported lawfully.
Pierādījumu pārbaude kriminālprocesā
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kulmanis Oskars 
Published: June 2021

The article addresses specific aspects of the principle of equality of arms, which is one of the fundamental principles that secures the rights of an accused person in court proceedings in criminal cases. It outlines one particular aspect laid down in Article 6 § 3 (d) of the European Convention of Human Rights, that is, the right of an accused person to examine witnesses against him. Another important aspect which concerns the rights of an accused person to examine the witnesses against him is an obligation for the national courts to justify convictions with the evidence verified in a court hearing. The Supreme Court of the Republic of Latvia and the European Court of Human Rights have emphasized several important practices of principle of fair trial which determine the justification of convictions with the evidence that has not been verified in court proceedings in criminal cases.
Līdzsvars starp atklātumu un interesēm izskatīt lietu slēgtā tiesas sēdē Kriminālprocesa likumā un tā piemērošanā praksē
Authors:   Latvijas Universitātes Juridiskā fakultāte, Gribonika Ērika 
Published: June 2021

The article is designed as a doctrinal, descriptive study that examines the prin­ciple of openness in criminal proceedings. It is structured in two parts; the first part identifies the content and significance of openness as a constitutional value in a democratic state governed by the rule of law, whereas the second part of the article describes the restrictions of the principle of openness set by the legislator in the Criminal Procedure Law, as well as outlines the content of the interests for the protection of which these restrictions have been created. Finally, the mechanisms established by law for maintaining the created balance are considered.
Kriminālprocesuāla, civilprocesuāla vai administratīvi procesuāla konfiskācija
Authors:   Latvijas Universitātes Juridiskā fakultāte, Kūtris Gunārs 
Published: June 2021

The confiscation or forfeiture of crime proceeds is an important challenge in the fight against crime in every country. The Latvian Criminal Procedure Law (2005) provides ability of confiscating criminally acquired property before the sentencing of the guilty person, as well as the ability to apply extended confiscation for a convicted person. However, in recent years, practices and amendments to the law show trends that raise doubts about respect for human rights and principles of criminal proceedings in confiscation processes. The article deals with other countries’ experience in the confiscation of property of uncertain origin in various processes – administrative, civil and criminal proceedings. The summary gives the author’s conclusions on the legally correct confiscation process.
Vienkāršotie procesi – līdzsvara meklējumos starp taisnību un ātrumu
Authors:   Latvijas Universitātes Juridiskā fakultāte, Maizītis Jānis 
Published: June 2021

The author focuses on the concepts of truth and speed in the context of criminal proceedings, particularly with regard to the links between truth and speed, and the requirements to ensure fair regulation of criminal proceedings. The author analyses the concepts of speed and truth as they relate to simplified criminal proceedings. The author examines the efficacy of criminal proceedings and human rights not only as they relate to the subjects of criminal proceedings but also to other participants in this process. The author outlines possible theoretical and practical solutions to these issues.
Prestasi Belajar IPS Siswa: Pengaruh Lingkungan Sekolah dan Motivasi Belajar
Authors: Sucipta Komang Yoga Ari , Meitriana Made Ary 
Published: June 2021

This study aims to partially determine the effect of the school environment and learning motivation on social science learning achievement and to determine the simultaneous influence of the school environment and learning motivation on social science learning achievement. The type of research is causal. The population of this research was all of the students of grade VIII SMP Negeri 2 Singaraja in the academic year 2019/2020. The sampling technique used was proportional random sampling and the number of samples were 77 students. The data collection techniques used were questionnaires, documentation and observation and data analysis of this research is multiple linear regression analysis. The research results show that (1) the school environment has a significant effect on student achievement with a sig value of 0.016 < 0.05, (2) learning motivation has a significant effect on student achievement with a sig value of 0.015 < 0.05, (3) the school environment and learning motivation simultaneously significant effect on student achievement with sig. obtained is 0.015 <0.05.
Pengaruh Citra Merek dan Electronic Word of Mouth Terhadap Keputusan Penggunaan Pada Marketplace Lazada di Kabupaten Buleleng
Authors: Yuliastuti Luh Mega , Susila Gede Putu Agus Jana 
Published: June 2021

This research aims to examine the effect of brand image and electronic word of mouth on purchasing decisions at Lazada marketplace in Buleleng Regency, both simultaneously and partially. The framework used in this researchs is causal quantitative. Sample is determined by using purposive sampling technique. Data were collected by using a questionnaire which will be tested for its realiability and validity, and will be analyzed by multiple linear regression analysis. The results of this research indicate that (1) brand image and electronic word of mouth have a simultaneous effect on purchasing decisions, (2) brand image has an effect on purchasing decisions, (3) electronic word of mouth has an effect on purchasing decisions at Lazada marketplace in Buleleng Regency.