| Abstract [eng] |
SUMMARY Illegal crossing of the state border and illegal transportation of people across the state border Inesa Paročkienė. Department of Criminal Justice Law, Faculty of Law, Vilnius University, 2023 - 63 pages. Supervisor: Assoc. Prof. Dr. Andželika Vosyliūtė. Reviewer: Lect. Marius Aidukas. The master's thesis analyzes the topic of illegal crossing of the state borders and illegal transportation of people across the state borders, which is established in Articles 291-292 of the Criminal Code of the Republic of Lithuania, by examining both significant international legal acts and the legal acts of the Republic of Lithuania, conclusions made by scholars in doctrine and clarifications provided by courts in practice. This topic is best revealed through the prism of the implementation of universally recognized and protected values. Illegal crossing of the state borders and illegal transportation of people across the state borders are actions that violate the inviolability of the state borders, state sovereignty and public safety by any means and methods. The Constitution of the Republic of Lithuania establishes that no one can restrict or limit the sovereignty of the Nation and appropriate the sovereign powers belonging to the entire Nation. The provision of this crime is blanket, as the state establishes a certain legal regime, rules and set of measures to ensure the established procedure at the border zone with regulatory acts. The crime is of an international (conventional) nature, violating both international law and national law. The aspects of legal regulation of illegal crossing of the state borders and illegal transportation of people across the state borders, regulation of the state borders, territories and security, regulation of international legal acts, peculiarities of movement of persons across the state borders, analysis of subjective, objective and qualifying features are analyzed in the paper. In the final part of the paper, based on legal doctrine and court practice, the peculiarities of qualification are analyzed. After examining legal acts and court practice, it is concluded that the commission of the crime of illegal crossing of the state borders and illegal transportation of people across the state borders is more closely related to smuggling, war refugees, including human trafficking, exploitation of labor, forced prostitution and other criminal acts. |
