Ar pareigūnas gali teisėtai skirti administracinę nuobaudą?
Can an officer lawfully impose an administrative penalty?

Summary/Abstract: Lithuania, after gaining independence, has been striving towards democracy for more than ten years. The legal understanding of the people has also ameliorated, the people have understood that in a democratic state they have certain rights, including the right to an independent, impartial and fair trial. The principles of justice and separation of powers are among the most important legal principles in the world. Therefore to make a hypothesis that an officer cannot lawfully impose an administrative penalty the position of Lithuanian legal system in implementing these principles is evaluated. Comprehensive theoretical analysis based on scientific concepts and laws is done alongside with the analysis of practice in this area. The examination of hypothesis is done through the selection of three part structure trough which the conception of an officer and his/her place in the system of a state is revealed, the institute of administrative responsibility is analyzed, and the relation of separation of powers and administering justice is discussed. The hypothesis made in the thesis that an officer does not have the right to impose an administrative penalty is confirmed. Administrative code gives the right to impose administrative penalty to an officer who is a representative of an executive branch. Officers who impose administrative penalties and administer justice at the same time cannot ensure the main principles of justice that is impartiality, objectivity and publicity. Administrative cases are investigated by officers most of whom work without having legal education. Not enough attention is paid to expansion of officers’ functions in Lithuania, because the powers of officers are not even mentioned in the program of Lithuanian Government for the years 2001 – 2004. Only a need to “improve the system of imposing administrative penalties” is noted. The present situation needs to be improved because the principles of a legal state are violated in Lithuania every day.

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