| Abstract [eng] |
The master’s work analyzes the Principles of Bailiff’s Activities, using legal acts, case law and legal doctrine. The thesis is disclosed after evaluating the grounds of the enforcement procedure. The closest concept to the Lithuanian legal system is the grounds of the enforcement procedure - the enforcement procedure as part of the civil proceedings. For this reason, the enforcement procedure involves not only the enforcement procedure, which is characterized by principles that require real specificities to be taken but also the general legal principles of civil proceedings. An exceptional figure in the Lithuanian legal system is the bailiff. This is determined by the dual legal status of a bailiff when the bailiff performs the functions assigned by the state and provides the services established by law. To systematically evaluate the effectiveness of the principles operating in the enforcement procedure, their content is disclosed by analyzing the legal status of the bailiff. The effective legal status of a bailiff is reflected in the proper implementation of the principles, which are specific in the enforcement procedure, such as the principle of the bailiff's independence and impartiality; the principle of bailiff’s responsibility; the principle of binding the requirements of the bailiff and the principle of control over the activities of the bailiff. Nevertheless, the effective enforcement procedure is determined by the principle of civil proceedings: the operation of the principle of efficiency and dispositivity in the enforcement procedure. These principles have a significant impact on the effectiveness of the enforcement procedure. However, by analyzing the legal regulation’s article 650 part 3 of the Code on Civil proceedings that was established on 2021 January 1st, we can see a restriction of the principle of dispositivity, which may have a negative impact on the effective enforcement procedure. Therefore, it is important to understand the grounds of the enforcement procedure, the content of the principles operating in the enforcement procedure, their significance, and to properly convey this into the legal regulation to have an effective enforcement procedure. |
