| Abstract [eng] |
The Master's thesis examines the peculiarities of judicial control over enforcement proceedings in Lithuania. Judicial control of the enforcement process consists of the functions performed by the court in enforcement proceedings; therefore, the specific functions carried out by the court are analyzed, along with the peculiarities and significance of their implementation. The first part analyzes the concept of enforcement proceedings and judicial control over them, their meaning, and their purpose. It highlights the importance of the enforcement process and explains how judicial review ensures its lawfulness. It emphasizes that the legality of the enforcement process is particularly crucial due to the coercive nature of the instruments used. The second part explores the evolving role of courts in enforcement proceedings, including the disappearance and transformation of certain forms of judicial control. The aim is to clarify the legislator’s intent in amending the legal acts regulating enforcement proceedings and to identify the reasons behind these changes. The third part provides a detailed analysis of the specific forms of judicial control over the enforcement process, including the issuance of enforcement documents, the imposition of sanctions, the removal of obstacles to enforcement, the approval of settlement agreements, and the protection of the rights of the parties involved. The distinct features of each form of control are examined in detail. The study's findings indicate that the scope of judicial control over enforcement proceedings is evolving. While the court’s competence in overseeing enforcement has expanded in some respects, judicial control has, in other areas, been significantly reduced. This trend can be explained by the desire to lighten the courts’ workload and accelerate enforcement proceedings. However, not all aspects of the court’s statutory competence in enforcement proceedings have proven effective or functional. Some elements require revision due to inconsistencies in legal logic and a lack of legal certainty. Nevertheless, positive developments have been observed, such as the elimination of redundant actions in enforcement proceedings while maintaining oversight of their legality. |
