| Abstract [eng] |
The Constitutional Court of the Republic of Lithuania is said that the right to apply is fundamental, absolute and universal. But there are different systems of institution courts (general, constitutional and administrative) and their different functions. So there are different institution conception of the right to apply in each justice, too. The model of the right to apply in the administrative courts safeguards regular balance between person and polity interests. This balance is important in every law democracy civil society. In this doing postgraduate there is analysed the procedurals of the person‘s liberties and rights into the right to apply in the administrative court of the Respublic of Lithuania. In these procedurals there is tackled the conflicts between private people and public state interests and several public administrative subject litigations, too. There is subjected a course for creation of the independent administrative court and their stages of specialize court systems reform. The main idea of this doing is to implement the problems of subjects’ right to the rights to apply in the administrative courts. The main point of this doing postgraduate is to measure the tendencies of necessity administrative court and to analyze the subjects which have the right to appeal to administrative court and to propose clearer regulation of the person interest for the requisition which is one of the special presumption for the right to apply to administrative court. Lawmaker is demarcated the cases in which are defended the person’s subject right or the laws protected interests from the cases in which are defended public interests. In this doing postgraduate there were put to use the practice of the courts and nonfiction. There were tried to separate and to analyze singularities of the subjects’ rights to safeguard interests which are kept the laws and public interests. Liberality of the judicial applies in the administrative process supposes when the court safeguards the public interests it safeguards implicitly interests for other people, state, self-government institutions of their rights and interests. The safeguard of the public interest can be for special subjects in some cases which are project in the laws. It is exception for the concernment to appeal the right to apply to the administrative court. If we want to escape actio populiaris we wouldn’t have to rank the right to appeal the right to apply for the other people, republic/self government institutions rights protection. |
