| Abstract [eng] |
The Impact of the Civil Procedure on the Proceedings of Administrative Cases In the first part of the Master's thesis, the author analyzes the historical development of the formation of administrative proceedings and separation thereof from the civil procedure regulation. This part emphasises that separate, independent and autonomous administrative proceedings have formed and separated from the civil proceedings due to different legal relationships, subjects and the need to adapt other regulation than in civil cases. The different aims of these proceedings, the particular attention paid to the state's superiority in the administrative process and the democratic state system have inevitably historically led to the separation of these processes and their self-regulation. The second part of the Master's thesis, the author raises the question of how the civil process influences the current administrative proceedings. This section compares the stages of the civil and administrative process and points out that many of the institutes of administrative procedure, such as of the evidence and appeal, are based on the rules of civil procedure. In this work it is emphasized that the administrative process has arisen from the civil process, therefore in some cases the Law on Administrative Proceedings directly refers to the application of the Code of Civil Procedure. The cases of this kind are analyzed in this work highlighting the problematic aspects. The second part also draws attention to the fact that in practice there are problems where disputes are dominated by a mixed legal relationship and it is unclear which court has to deal with the cases – an administrative or general court. Therefore this work analyzes the criteria for determining which court has to deal with a legal issue occurred. In the third part, the author analyzes the system of general and administrative courts. The preconditions for the creation of specialized courts arose only after the restoration of independence and the adoption of the Constitution, and in Lithuania such courts were established in 1999 under the Law on the Establishment of Administrative Courts. There is no unanimous opinion in the doctrine about the establishment and nature of specialized courts, and not all states have such courts. Therefore this section assesses whether there is a need for specialized courts in general and why there is no cassation institute in administrative proceedings. |
