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Apkaltos institutas Lietuvos konstitucinėje teisėje
Stoškus, Svaigedas |
Vainiutė, Milda | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Jarašiūnas, Egidijus | Recenzentas / Rewiewer |
Vidrinskaitė, Saulė | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Abramavičius, Armanas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Žiobienė, Edita | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Mesonis, Gediminas | Darbo gynimo komisijos narys / Thesis Defence Board Member |
Vaitiekienė, Elena | Darbo gynimo komisijos narys / Thesis Defence Board Member |
This present article “An institution of impeachment in Lithuanian constitutional law” analyses the origins of this institution in national law, gives a comparative analysis of constitutional regulation of an impeachment procedure in Lithuania and in other states. The paper presents the definition of “institution of impeachment”, shows an importance of this institution in Lithuanian and in West States law, the problems of implementation of this institution and the process of impeachment in Parliament and in Constitutional Courts. The paper analyses an evolution of this institute in common law counties – especially in USA and in civil law countries. The paper shows the list of impeachment subjects and the grounds of impeachment application. Also it analyses the part of Constitutional Court in the process of impeachment. It should be mentioned that only the Court can decide if the Constitution was outraged, the crime or the perjury was done. The official constitutional doctrine of the Constitutional Court shows the actual limits and grounds of the constitutional liability application. That means, that the constitutional jurisprudence, not the Constitution provisions shows actual features of impeachment institution. Also the ratio of law and fact in the impeachment process is analyzed. The present article discusses the question of Constitutional Court established facts and the question of legal consequences originated from the useful impeachment procedure application to persons.