| Abstract [eng] |
SUMMARY The right to apply to court and private ownership are the main human rights that are defended by Convention for the Protection of Human Rights and Fundamental Freedoms. The civil code and civil procedure code of the Republic of Lithuania consolidates the principle of priority of international law over national law. When Lithuania ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, it became the part of national law system that is why Lithuanian courts should interpret and apply national law in the context of this Convention, and in the case of collision between national law and the provisions of Constitutions give priority to the attitudes of Convention. This conclusion is undoubtedly inspired by the 135 article of the Constitution, which firms that the Republic of Lithuania shall follow the universally recognised principles and norms of international law. And one of them is the supremacy of international law over national law. Therefore solving questions related with the persons right to apply to court foremost must quote the 1 part of the 30 article of the Constitution of the Republic of Lithuania, the attitudes of the Convention for the Protection of Human Rights and Fundamental Freedoms and practice of the European Court of Human Rights which is very important because expansively interprets the attitudes of the Convention for the Protection of Human Rights and Fundamental Freedoms. Exactly the European Court of Human Rights and Lithuanian national courts practice in solving questions related with the person’s right to apply to court is consideration of this work. The work consists of preface, four chapters, which are divided into smaller sections and conclusion. The first chapter of this work intended for the education of notion of principle of the person’s right to apply to court. In this part of work is given the notion of mentioned principle, main features and legal regulation. In the second chapter of the work are analyzed the universality of the person’s right to apply to court. Third chapter of the work is designed for the analysis of the person’s right to apply to court conditions and assumptions. This chapter takes the biggest part of the whole work because are given general conditions of the appeal to court and possible restrictions of such appeal in the practice of Lithuanian courts and European Court of Human Rights. In the fourth chapter are analyzed the accessibility of the appeal to court. In the end of work are given concrete conclusions which reflect main work’s points. |
