Tariamojo suvereniteto įtvirtinimas LTSR Konstitucijoje 1988-1990 metais : procesas ir samprata

LTReikšminiai žodžiai: Konstitucija; Konstitucinė doktrina; Lietuvos nepriklausomybė; Suverenitetas; Teisės istorija; Constitution; Constitutional doctrine; History of law; Independence of Lithuania; Sovereignty.

ENThe author of the article is a signatory to the Act of Independence of Lithuania, the former chairperson of the Kaunas Sąjūdis Council, the Vice-President of the Supreme Council (Reconstituent Seimas) of the Republic of Lithuania, an ambassador and a participant of the negotiations on the interstate relations between the Republic of Lithuania and the Soviet Union, as well as between Lithuania and the Russian Federation. In this article, the author analyses and assesses the process how the alleged sovereignty of the Lithuanian SSR was nominally established in the constitution of the Lithuanian SSR through the efforts of the Lithuanian Reform Movement, Sąjūdis. This process took place from the beginning of June 1998 to 14 February 1990. The puppet Supreme Soviet (Council) of the Lithuanian SSR nominally implemented the alleged Lithuanian SSR sovereignty in its constitution under the strong pressure of Sąjūdis. The author reveals both, the development and context of the process mending of the Lithuanian SSR constitution, as well as the essence and meaning of the process by analysing documents of Sąjūdis and laws passed by the Supreme Soviet (Council) of the Lithuanian SSR. The author arrives at the conclusions that, in legal terms, the implementations of nominal autonomy of the Lithuanian SSR, in legal terms, was neither a stage of the alleged statehood of the Lithuanian SSR, nor an intermediate stage of restoration de jure of the Republic of Lithuania. The amendments of the constitution of the Lithuanian SSR do not provide a ground for considering them neither as a legal constitutional process of Lithuania, nor as a parliamentary process in general, since they were carried out by the unlawful Supreme Soviet (Council) of the Lithuanian SSR in the unlawful constitution of the Lithuanian SSR.In fact, it was a rightful political process, which resulted in the fundamental positive changes in occupied Lithuania. Sąjūdis succeeded in achieving such a result by employing the Supreme Soviet (Council) of the Lithuanian SSR and its surrogate constitution as tools to weaken the occupational regime in Lithuania. The implementation of formal Lithuanian SSR sovereignty within the USSR restricted the direct governing power of the central organs of the USSR in the occupied Lithuania. It made the local authorities autonomous and disturbed the mechanism of the obedience by the local government units to the government bodies of Soviet Union in Moscow. [From the publication]

• Teisė / Law
• Istorija / History