Правове регулювання позбавлення публічних прав і позбавлення права виконувати певну роботу або займатися певною діяльністю: досвід Литви та Латвії

The article examines the legal regulation of deprivation of public rights and deprivation of the right to perform certain work or engage in certain activities in Lithuania. It is established that the legislation of Lithuania uses the term “deprivation”, while the legislation of Latvia uses the term “restriction” to denote the same phenomenon – a type of punishment. The following features of the legal regulation of deprivation of public rights and deprivation of the right to perform certain work or engage in certain activities in Lithuania are highlighted: 1) is an element of the punishment system; 2) is a type of basic punishment; 3) the range of persons to whom they are assigned: a person who has committed a crime; a person who has committed a criminal offense; 4) types of deprivation of public rights: 1) deprivation of the right to be elected to an elected office; 2) deprivation of the right to be appointed to a position in state or municipal institutions and agencies, business entities or non-state organizations; 5) deprivation of public rights is not established in the sanctions of individual articles of the Criminal Code of the Republic of Lithuania; 6) the subject that imposes a penalty in the form of deprivation of public rights is a court; 7) as a type of punishment it is assigned only if the sanction of an article of the Criminal Code of the Republic of Lithuania provides for a penalty in the form of deprivation of the right to work in a certain position or engage in a certain type of activity; 8) it is assigned if the subject of a crime or criminal offense committed a criminal act in violation of public rights; 8) the term for which this punishment is assigned is from 1 to 5 years. The features of the legal regulation of restrictions of rights in Latvia are as follows: 1) it is an element of the system of penalties; 2) it is an additional punishment; 3) the range of persons to whom it is assigned: a person who committed a crime; a person who has committed a criminal offense; 4) types of deprivation of public rights: 1) deprivation of certain rights, 2) establishment of a ban that does not allow a person to use certain rights, hold a certain position, carry out a certain professional activity or other type of activity, attend certain places or events; 5) may or may not be provided for in the sanctions of individual articles of the Criminal Code of Latvia; 6) the subject who imposes a penalty in the form of deprivation of public rights is a court or a prosecutor; 7) may also be imposed as a type of additional punishment if the sanction of an article of the Criminal Code of Latvia does not provide for a penalty in the form of deprivation of a certain right; 8) is imposed if the subject of the crime has committed a criminal act; 8) the term for which this punishment is imposed is from 1 to 5 years, in exceptional cases – no more than 10 years.