| Abstract [eng] |
The paper’s selected topic is relevant to everyone of us as one of the elements of the human rights protection mechanism. Procedural renewal is an exceptional form in the control of the legality and legitimacy of the res judicata decisions and rulings of the courts. By fortifying the institution of procedural renewal the same goal is sought, like in the stepped control of the legitimacy of the decisions and rulings of the courts, to ensure that justice be done. Procedural renewal creates an opportunity to correct legal mistakes and in this way to also defend the private interests of the parties to the dispute and the public interest. Due to these reasons the topic is relevant as an object of practical knowledge. This paper examines the institution of civil procedure renewal due to newly emerged crucial circumstances and seeks, as far as possible, to thoroughly, comprehensively, and in a reasoned manner survey the practice of Lithuania’s courts in applying the provisions of the institution of procedural renewal due to newly emerged circumstances. The paper’s aim is, in analysing the practice of the Supreme Court of Lithuania, to reveal the essence of the institution of civil procedure renewal as well as the practical problems and tendencies in its application. In light of this, the conception and development of this institution in Lithuania’s legal system are examined and the conception of newly emerged circumstances, the conditions, established by the legislature, for the recognition of circumstances as newly emerged, and their naming in court practice are analysed. The significance of these circumstances in defending the public interest is also analysed. The last part of the paper examines the consequences and problems of procedural renewal in court practice. In writing this paper theoretical scientific literature and specific examples from court practice, the clarifications of the Supreme Court of Lithuania, and constitutional doctrine were used. |
