Teisėjų nepriklausomumo problema Lietuvoje 1940-1941 metais

Abstract

The author of the article analyzes the problem of independence of judges in soviet Lithuania in 1940-1941. The author discusses the guarantees of the independence of judges, one of which is the group of guarantees of judiciary formation process. Due to the restrictions of the articles volume in this research the author examines two main elements of judiciary formation process in soviet Lithuania – the selection of judges and the judge elections in 1940-1941. In contrast to Western law traditions, according to soviet law doctrine the only subject of implementation of soviet justice was not courts and judges, but only the people. For this reason the independence of judges in soviet Lithuania was used not for ensure judges independence, but, in contrary, for the ensure of judges dependence from communist party as only this party was entitled to deliver what the justice is. In soviet law literature it is stated that in the process of judge selection there were two main subjects: the Peoples Commissariat of Justice and the party committees. But, according to the archives, the only subject of judge selection was the Center committee of Lithuanian communist party – it was the only subject entitled to make final decision about the suitability of the candidate to become a soviet judge.