| Abstract [eng] |
Master's thesis analyses interpretation of law in case-law of Supreme Court of Lithuania. The thesis analyses conclusions which have been made by scientists within legal doctrine and decisions of sufficiently examined cases which have been submitted in case-law of Supreme Court. While defining criminal cases in a subject of the thesis, it has been intended to make research into methods of interpretation of law which are to be used namely among this area of law and their change from a period of restoration of the independence of Lithuania until present. The thesis analyses concept of interpretation of law and how much necessary is to be interpretation of law in legal system. In addition, the thesis as well analyses ways of interpretation of law and provides an overview of different opinions on amount of ways of interpretation of law which prevail in legal literature. The thesis defines even ten methods of explanation of law while selecting one of division of ways of interpretation of law which are to be found within legal doctrine. The thesis diminishes their number up to eight and later they are to be analysed in practical part. Practical part is to be divided into two periods of time and namely covers the period from restoration of the independence of Lithuania until the entry into force of new Criminal Code and after the entry into force of this Code until present. The first period of time defines what methods of interpretation of law were used each year and in what context and the second period is to be divided into three blocks while taking into account a variety of ways of interpretation of law prevailing within these three blocks while seeking to carry out a detailed analysis of methods of interpretation of law which are to be used in the block most often. Furthermore, the thesis compares two periods while seeking to determine whether a usage of methods of interpretation of law has changed or not in case-law of criminal cases of Supreme Court and how these ways of interpretation of law have changed. |
