{"title":"Labas pārvaldības principa izpratne un piemērošana publiskajā iepirkumā iesniegta piedāvājuma izvērtēšanā","authors":"Džeina Gaile","doi":"10.22364/juzk.80.45","DOIUrl":"https://doi.org/10.22364/juzk.80.45","url":null,"abstract":"The principle of good administration is not mentioned amongst the public procurement principles in Directive 2014/24/EU, however, it is applicable to the public procurement field as a general principle of law. In this article, the author analyses the understanding of this versatile principle in public procurement practice in Latvia. The author concludes that the references are quite rare, but there are several aspects, concerning which the principle of good administration is used more often, i.e., in cases of information exchange and tender clarification, if the tender is rejected. Therefore, the protection of the rights of individuals in cases that are not clearly regulated could be seen as an important aspect where the principle of good administration is used.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"475 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129383852","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Cietušā institūts administratīvo pārkāpumu procesā","authors":"Edvīns Danovskis","doi":"10.22364/juzk.80.40","DOIUrl":"https://doi.org/10.22364/juzk.80.40","url":null,"abstract":"The article analyses the institute of a victim in the administrative offence procedure by both examining genesis of the victim in administrative offence procedure and the legal consequences of the procedure for the victim. It is concluded in the article, that the Administrative Liability Law, adopted in 2018, quite rightly does not grant to the victim the right to demand commencement of administrative offence proceedings as well as to appeal the decision of authority not to commence proceedings. However, it is also argued that the victim should not be allowed to appeal also a decision not to impose a fine to an offender or ask for more severe punishment. It is even advised to consider the abolishment of the institute of a victim in administrative offence procedure.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133376595","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Publiskas personas pienākuma periodiski veikt līdzdalības kapitālsabiedrībā pārvērtēšanu tiesiskie aspekti","authors":"Elīna Pankrate","doi":"10.22364/juzk.80.47","DOIUrl":"https://doi.org/10.22364/juzk.80.47","url":null,"abstract":"The purpose of this paper is to analyse legal aspects of the obligation of a public person to periodically revaluate its participation in a capital company or validity of involvement of commercial activities through a capital company. Namely, to consider the legal aspects and economic efficiency on the basis of which a public person may continue participation in a capital company according to Section 88 of the State Administration Structure Law.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122841700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Faktiskās rīcības jēdziens Latvijā un Vācijā","authors":"Anita Kovaļevska","doi":"10.22364/juzk.80.42","DOIUrl":"https://doi.org/10.22364/juzk.80.42","url":null,"abstract":"The concept of real action (Realakt – in German) is well known in both Latvia and Germany. In both countries, real action is contrasted with those acts of public administration that produce legal effects, thus explaining the distinction between real action and administrative acts, regulatory acts and contracts. In Germany, however, the concept of real action is broader and actually covers all activities of public administration, which do not produce legal effects. Consequently, public administration’s activities (actions) in the field of private law, activities (actions) aimed at the execution of an administrative act, simple administrative activities (actions), internal public administration activities (actions) and procedural activities (actions) are also covered by the concept of real action.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115661036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pienākums un Satversmes preambula","authors":"Diāna Apse","doi":"10.22364/juzk.80.30","DOIUrl":"https://doi.org/10.22364/juzk.80.30","url":null,"abstract":"The aim of the article is to commemorate the late Professor Romāns Apsītis, to view and analyse some of his principal approaches to life and activity in law, as well as the contribution of his scientific heritage to improving the constitutional foundations of the Latvian legal system in his capacity of a statesman, judge, jurist. The article also considers and his outlook upon the cultural aspects of love and responsibility – duty and love for one’s own people and country, Latvia.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114284407","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Parlamentārā kontrole banku sektorā","authors":"Aleksandrs Kuzņecovs","doi":"10.22364/juzk.80.44","DOIUrl":"https://doi.org/10.22364/juzk.80.44","url":null,"abstract":"Parliamentary control is the topic which has not received an extensive overview in legal literature, and parliament’s scrutiny is mostly understood as a natural prerogative of the parliament without further clarification of its nature, although parliamentary control has wide and complex system of tools and a legal mechanism, which ensures efficiency of the controlling state entities and officials. Moreover, parliamentary control can be implemented not just as a pure political control, bet as a legality control. Scrutiny over the central banks is one of the examples how parliament’s scrutiny can be restricted by external factors, such as legal constraints of European Union law, as well as legality control of the parliament’s scrutiny. The main reason for exploring such a specific topic is to demonstrate the versatility of parliamentary control and the circumstances in which parliament has a wide discretion in application of its scrutiny, and the occasions where such discretion is restrained by the legal formalities and procedures.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127396315","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Tiešuma jēdzieniskā izpratne un nozīme kriminālprocesā","authors":"Ērika Gribonika","doi":"10.22364/juzk.80.27","DOIUrl":"https://doi.org/10.22364/juzk.80.27","url":null,"abstract":"The principle of immediacy falls within the scope of the right to a fair trial. It is specific only to the trial stage of criminal proceedings and is considered as one of the guiding principles for ensuring respect for human rights during the trial stage of the criminal proceedings. Considering the importance of the principle of immediacy, the concept of “immediacy” is being analysed in the current article. It is designed as a doctrinal study and structured into two parts. The first part seeks to answer the descriptive question: what is the meaning and scope of the term “immediacy” in criminal proceedings? The second part outlines the limits of the principle of immediacy and the guiding motives used to determine them.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125593581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Latvijas Republikas Satversme – krimināltiesību sistēmas konstitucionālais pamats","authors":"Uldis Krastiņš","doi":"10.22364/juzk.80.02","DOIUrl":"https://doi.org/10.22364/juzk.80.02","url":null,"abstract":"The article provides an analysis of the group object in criminal law and its meaning in the formation of the Special Part of the Criminal Law, as well as argumentation of the opinion that the basis of that system – the state, society and human fundamental interests recognized and protected in the Satversme of the Republic of Latvia.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133834003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Vidusmēra un mazaizsargāta patērētāja koncepta modernizācija","authors":"Zanda Dāvida","doi":"10.22364/juzk.80.12","DOIUrl":"https://doi.org/10.22364/juzk.80.12","url":null,"abstract":"Digitalisation has provided an opportunity to develop the technological practices such as dark patterns, manipulative, targeting and other personalized persuasion practices that exploit consumer’s digital vulnerability and asymmetry of digital power between parties, for example, an informational power imbalance. This paper seeks to demonstrate that, despite being technology-neutral and having a broad scope, the Unfair Commercial Practice Directive needs some legal update and upgrade to ensure a high level of consumer protection (in accordance with Article 12 of the Treaty on the Functioning of the European Union) also in the digital market.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114766277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Mantas konfiskācija kā soda veids: problemātika un aktuālie jautājumi","authors":"Harijs Samuels Bašs","doi":"10.22364/juzk.80.37","DOIUrl":"https://doi.org/10.22364/juzk.80.37","url":null,"abstract":"The article examines the confiscation of property as a penalty and its place in modern Latvian criminal law, looking at its development in recent years, as well as comparing it with other types of confiscation of property in Latvia. In the author’s opinion, the alternatives open to state for combating money laundering are sufficiently wide to reconsider the need for such a penalty in its current form. The article will suggest the ways to develop this institute.","PeriodicalId":413617,"journal":{"name":"Latvijas Republikas Satversmei – 100","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132242839","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}