| Abstract [eng] |
In the scientific literature, the legislation it is not defined what is non-pecuniary damage compensation processes‘ management, how it is processed and who is involved. In this master‘s thesis, scientific research problem can be expressed in the following core problem areas: 1. What amendable drawbacks distinguish non-pecuniary damage compensation processes‘ management in Lithuanian legal system? 2. What methods could occur to improve non-pecuniary damages process management in Lithuanian legal system? Master‘s subject of study - non-pecuniary damage compensation processes‘ management. The aim - after analysing non-pecuniary damage compensation process management‘s defects to be corrected in Lithuanian legal system, to form and justify methods for development of non-pecuniary damages compensation process‘ management in Lithuanian legal system. Master's thesis analyses theoretical non-pecuniary damage compensation process management‘s aspects in Lithuanian legal system: position of legal processes in public administration, systematic analysis of non-pecuniary damage concept. In theoretical Master's study was conducted the analysis of concepts of public administration, public administration‘s relation to administrative law, presents the Lithuanian judicial role in public management, explored the concept of non-pecuniary damage, determining the extent of non-pecuniary damage criterias‘ and rights of the third-parties for non-pecuniary damages compensation issues in Lithuania, also include the non-pecuniary damage compensation‘s objectives and entities. Following this analysis, it was found that non-pecuniary damages compensation process‘ management in Lithuanian legal system is a complex mechanism, which has crucial problems. The study presents analysis of experts, the law specialists‘ regulations‘ existing shortcomings, gaps and possible improvements in non-pecuniary damage compensation process‘ management in Lithuanian legal system. Based on the analysis of the cases, it examined a distinct category of cases - civil liability for damage caused by unlawful actions of the authorities. After the investigation it could have been stated that the non-pecuniary damage compensation process‘ management in Lithuania is still under construction, as the non-pecuniary damage institution in Lithuania is working for only thirteen years, it is not surprising that the mentioned management has some gaps and obstacles. Improvement of non-pecuniary damages compensation process‘ management in Lithuanian legal system can be described briefly in the following statements: 1. In order to reduce the court competence‘s delimitation disputes between general and special jurisdiction courts (cases where one party - the public sector), it would be sufficient to consider the subjective element of a dispute as a sufficient criterion for determining the assignment of the dispute to a particular court and the nature of legal relations of the conflict would be irrelevant.. 2. Essential problems with unequal court practice of non-pecuniary damages compensation arise in personal injury cases, where the court gives some non-pecuniary damage criterions prominence, while others become less important. In terms of the offender's guilt as a criterion, it should be seen only as to help to determine the extent of the negative effects, but in no way to seek to punish the person. This is especially common in criminal cases, where families were adjudged large compensation for non-pecuniary damage, giving the impression that the purpose of non-pecuniary damage is no longer a compensatory but disciplinary. 3. It should be strived to validate the right for a third-part to get compensation for non-pecuniary damage in case of personal injury, taking into account the experience of foreign countries and Europe‘s principles of tortious law, as currently in Lithuania, legislature's provision for non-pecuniary damage compensation to third-parties is unclear and court practice is fairly controversial. 4. In order to avoid delays in the cases and to hasten the proceedings and to resolve the uneven workload, transfering of judges from one court to another could be implemented, allowing to even workloads in different courts and speed up the proceedings, as well as the creation of new positions would help, ie case coordinators, who‘s purpose would be legal advice/help, inspection of formulated lawsuits, review of the evidence. Master's thesis provides conclusions, recommendations, drawn model, which shows the most relevant non-pecuniary damages compensation process management‘s problems and possible improvements,which could partially improve non-pecuniary damages compensation process‘ management in Lithuanian legal system. |
