| Abstract [eng] |
Distinction between public and private law is deeply rooted in Lithuania, as a continental law country, and is often treated as a basis for segregation of regulatory measures and methods. The doctoral thesis analyses specific regulation measure: regulatory contract in public law. It contains both private and public law elements: contract, as a way of regulation, and public law, as the area of regulation. Such transfer of contract, a traditional private law instrument, into public law causes various problems and dilemmas. These problematic application areas are the key target of the analysis. Paper shows that the difference between public and private law may not be treated as sufficient reason for declining contract usage for regulatory purposes in public law. It also explains the impact on public law principles of publicity and equality caused by specifics of the contract. Major part of the paper is dedicated to the analysis of freedom of contract and its application to regulatory contracts in public law. Analysis shows that despite the imperative nature of the public law, freedom of contract is not only possible but also one of the most essential requirements for conclusion of contracts in public law area. All identified specifics have their impact on regulation modification possibilities and judicial review procedure: contractual aspect makes regulation amendments more complicated and also gives wider possibilities for challenging the established regulation. |
