| Abstract [eng] |
The dissertation addresses the problem of legal regulation in the field of architecture in order to determine whether the conditions for the implementation of the public interest in this area are created in Lithuania. This research adopts the principle that ensuring the implementation of the objectives of the Constitution by legal means is only possible by having good knowledge of the public relations and evaluating their nature. In this respect, the concept of architecture is discussed, the scope of economic, ecological, social and cultural interests pursued in this area is presented, the boundaries of the public interest in it is analyzed, the peculiarities of the environment formation processes most related to the decisions unregulated in advance (and not subject to regulation) but socially significant is revealed. In the light of the identified needs of society, and, in particular, the need to ensure the balance between different interests, the paper examines whether the existing legal regulation of architecture and related areas allows for the cognition, implementation and reconciliation of different public interests; whether regulation of environment formation relations takes into consideration their nature presupposing the need for high qualification, professional ethics, responsibility, timely and impartial procedures for the reconciliation of public interests. The research also analyses whether case law contributes to the pursuit for this balance, how it identifies the interests to be protected, whether it ensures the use of special knowledge in the initiation and prosecution of cases in court. The work also evaluates the potential of pre-trial measures to contribute to the harmony of society and the creation of a high quality, healthy environment. |
