Tautos išbandymas laisve: nuo liberalizmo iki oligarchinio valdymo

LTReikšminiai žodžiai: Liberalizmas; Oligarchinis valdymas; Rinkos ekonomika, socialiniai procesai, liberalizmas, individualizmas, demokratija; Socialiniai procesai, liberalizmas, indivudualizmas, teisė, valstybė; Teisinis nihilizmas; Legal nihilism; Liberalism; Market economy, social processes, liberalism, individualism, democracy; Oligarchic management; Social processes, liberalism, individualism, law, state.

ENThe article covers civil tortious liability of the state with regard to compensation for the damage caused by the unconstitutional legal acts of the legislative authority. This liability is based on the principle of the rule of law (law superiority): "all the legal subjects are equal", "everyone who has used his/her rights and made damage, must compensate for it". The provision stating that the state must compensate for the damage made to its citizens by unauthorised legal acts of any state institution, is observed by majority of West European states and the European Court of Justice. The state’s liability to its citizens in Lithuania is based on the first article of the Constitution: "Lithuanian state (...) democratic republic"; section 1 of Article 6.272 of the Civil Code and some other legal acts. However, the court practice still does not acknowledge the tortuous liability of the legislative body to the citizens basing it on the following provision: "the juridical power of decisions of the Constitutional Court is directed to the future".The latter provision creates the "double standards" court practice. According to the "Law of the Republic of Lithuania on Compensation for the damage caused by illegal actions of the public institutions" , the damage caused by illegal actions (legal acts) of law enforcement institutions or officers, shall be compensated for each day of the arrest or detention, i. e., not starting from the day when the court has acknowledged the legal act of the law enforcement institution as unauthorised, but starting from the day of application of the said legal act; the same is also determined by the Labour laws that allow compensation for the loss resulting from the forced absenteeism. However, in case the Constitutional Court acknowledges the law unconstitutional all this order is no longer considered legal.