| Abstract [eng] |
The object of this master thesis is the analysis of purposes, content and the problematic aspects of the amendments June 21, 2012 adapted to the Code of Civil Procedure governing the settlement of disputes by courts of the first instance. In this work shall be amendments analysed, that came into force on October 1, 2012 those amendments, that shall come into force on January 1, 2013 shall only be described fragmentarily, in such cases where they are very closely related to the existing provisions. There are a lot of reformed legal rules that regulate different issues of the civil procedure. The necessity of the amendments is based on known problems of the civil procedure in Lithuania. The amendments of the year 2011 do not alter the essential principles of Code of Civil Procedure of the Republic of Lithuania, but search for "middle ground" between the recognized principles in such a way that they could best meet the interest and the needs of the public, of the groups and of specific individuals as well as any of the positive effect of amendments shall last for the long term. The aim is to simplify, speed up, rationalize and modernize the judicial process, reduce costs and use of public funds as well as to promote alternative settlement of disputes. It is essential that judges, lawyers and the parties correctly understand the amendments in their true sense. The object of this master thesis is analysed on basis of a complex of methods such as linguistic, comparative, systematic, historical and theological as well as the method of the intention of the legislator and the general principles of law. The Code of Civil Procedure is a systematic legal act, so the rules shall be interpreted at first on basis of the systematic method, in correlation with the Constitution and other legal acts, with legal doctrine of Lithuania, the general principles of law, international law and evolving case law. It is obvious that not everyone agrees that valid amendments of October 1, 2012 positively affect the future of the Lithuanian Civil Procedure. The discussion of whether the exception to one principle in favour of another is always proportional to the result, for example, are the sanctions for abusing party adequate and do not violate its procedural rights, or do limiting the number of preparatory documents not lead to an incorrect decision, or would the change of the rules of jurisdiction not strain the courts further and, if the right to apply for a court action to the court of higher instance will not damage the principle of judicial impartiality, or will be not abused or stamp duty concessions and exemptions from the costs and other related aspects. The answers shall be provided in the legal practice. |
