| Abstract [eng] |
Protection of Public Interest in Civil Procedure Protection of public interest is the procedure which safeguards the most significant public value. Even though there might be an impression that this doctrine has been widely discussed and as a result it may lack scientific sensitivity, the author does not agree with that. The significance and characteristics of public interest are challenges themselves and as a consequence, they determine the importance of continuous investigation in the field of public interest. Legal regulation changes, inconsistency of judicial practice and lack of systematic analysis of specific doctrines are of great importance for this investigation and reveal a wide range of research problems. However, the most important aspect of this research is that the author does not limit himself only to the field of the usual public interest research (for example, the doctrine of public interest or the concept of public interest). On the contrary, the author chooses new directions meanwhile paying attention to the important issues that previously have not been analysed. As a result, the problem of justifying the efficiency, the prosecutor's supervisory role and the legal basis of the state and municipalities are the areas that demonstrate the uniqueness of this very research. On the other hand, the researcher is not only a passive observer. After analysing scientific positions, the author looks for new arguments in order to deny or support the theories and discuss and justify his own position. Finally, the researcher comes to the conclusions that allow one to decide on: 1) the prevailing concept of the shared values in Lithuania and the possible duality of the concepts; 2) the criterion on the justification of the public interest; 3) the approval of prosecutor´s supervisory role; 4) the duties of the state and municipalities; 5) the groundlessness of the court, as an entity, protecting the public interest; and other aspects important for the protection of public interest in civil proceedings. |
