Vai Krimināllikuma norādes par noziedzīgo nodarījumu vainas formām ir pietiekoši skaidras?

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.

Līdzsvars starp atklātumu un interesēm izskatīt lietu slēgtā tiesas sēdē Kriminālprocesa likumā un tā piemērošanā praksē

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

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.

Prostitūcijas definīcijas nepilnības un ar to saistīto noziedzīgo nodarījumu kvalifikācijas problēmjautājumi

The article provides an analysis of the term “prostitution” and its explanation as sexual service or sexual activity, and the legal regulation thereof. In author’s opin­ion, this term in criminal law is not sufficiently explicit and does not include clear criteria of prostitution in cases, when a person is accused of pimping, prostitution and other prostitution-related offences. The ambiguity of the terms makes it difficult to define these offences and to distinguish prostitution from erotic measures. Developments of this problem are considered in the article.

Procesuālās autonomijas princips un tā ietekme uz nacionālo tiesību sistēmu

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.

Obligāciju veidu un civiltiesiskās apgrozības attīstība

A bond is a debt security, under which its issuer undertakes to repay to the bondholder the principal of the bond and the interest (the coupon) at a specified point in time, that is to be considered as the extinguishing of bonds. There are several types of bonds: bonds issued by the public sector, bonds issued by capital companies, publicly available bonds, private bonds, convertible bonds, subordinated bonds, etc. Several forms of bonds – bonds of materialized and dematerialized form – are also present. Bonds, their types, emission, purchase, acquisition of ownership, circulation on the secondary market and extinguishing of bonds have been developing since the origins of bond. This necessitates an understanding of the changes in the basic characteristics of bonds and their civil circulation.

Apstākļu izmaiņu ietekme uz līguma saistošo spēku un labas ticības princips

According to the Civil Law of Latvia, Article 1587, a contract imposes on a party a duty to perform the promise, and neither the exceptional difficulty of the transaction, nor difficulties in performance arising later, shall give the right to one party to withdraw from the contract, even if the other party is compensated for losses. The Civil Law does not recognise a fundamental change in circumstances as a ground for adjustment or cancellation of a contract, although the doctrine is well known in the country. In many cases, Covid-19 restrictions have been damaging to parties’ ability to perform their contractual obligations. Under certain conditions, the principle of good faith (Article 1 of the Civil Law) could be applied to adjust contracts to the changed circumstances.

Pirkuma līguma objekta izpratne jauno patērētāju pirkuma direktīvu gaismā

One of the objectives of the European Union is to create an internal market in which the free movement of goods and services is ensured. At the same time, by ensuring the free movement of goods and services, the European Union has a duty to promote a high level of consumer protection. In order to achieve both of these goals at the same time, the European Union has adopted, among other things, a significant number of directives, which the Latvian legislator has mostly transposed into the Consumer Rights Protection Law. Nevertheless, the development of digital technologies has made it necessary to lay down special rules in the event that the subject of the contract contains digital elements. Taking into account the above, this article provides analysis of the content of the new consumer sales directives (2019/770, 2019/771), their implementa­tion as much as possible in connection with the existing Latvian legal system, as well as views some legal issues related to the implementation of directives in Latvia.

Informācijas avotu aizsardzība – žurnālista tiesības vai pienākums?

International law provides strong protection to journalists enabling them to refuse to divulge their confidential sources of information. However, there may be situations when a journalist is willing to expose the name of a confidential informant who had tried to manipulate the journalist by passing on false information. The article strives to determine whether protection of sources from journalist’s perspective is an absolute duty or it is a right that the journalist can choose to enforce depending on the particular situation. The author provides an insight into different approaches of ethical and legal requirements related to journalist’s right and duty to protect sources and concludes that an absolute duty should be avoided.

ANO Drošības padomes prakse valstu atbildības gaismā (1945–1975)

This article examines the practice of the UN Security Council in the years 1945 to 1975 in light of state responsibility law. The author assesses the political organ’s practice in light of the main elements of state responsibility – breach of an international obligation, attribution of a conduct to a state, circumstances precluding wrongfulness and reparation. The author concludes that the UN Security Council’s determinations regarding situations Indonesia, India-Pakistan, North Korea, Middle East, South Africa, Cyprus and Southern Rhodesia comprise these elements. The author also comes to a conclusion that the po­litical organ develops its own regime of political responsibility comprising such elements as political prevention, political restitution and condemnation.