Tarptautinės teisės ir nacionalinės baudžiamosios teisės santykio problema

LTReikšminiai žodžiai: Nacionalinė baudžiamoji teisė; Nacionalinė baudžiamojo teisė; Tarptautinė teisė; Tiesioginis taikymas; Direct implementation; International law; Lithuania; National criminal law.

ENThe article focuses on key questions relation to the issue of relation between international law and national criminal law. For this purpose the author explores theories explaining the relation between national and international law and analyses the principles and forms of approximation of the fore mentioned legal systems. The problems addressed in the article have been tried to analyse from the point of view of criminal law. Having examined criminal laws, which are in force in Lithuania at the moment, the author draws a conclusion that the process of creation of national criminal law is taking place in partial isolation from international law. The author grounds the idea of direct enforcement of international treaties in Lithuanian criminal law. The author speaks in favour of treatment of commonly resognised principles and rules of international law as a part of Lithuanian legal system. The issues of parallel lawmaking and the rights of courts to explain international treaties have also been addressed. A particular attention is paid to the fact that international law is of co-orinative type in its nature, which should be considered when creating national law. [text from author]