| Abstract [eng] |
Over the past decade the concept of the restriction of a person’s active legal capacity in Lithuania has changed radically - from the total incapacity of the people with mental disabilities to alternative and less restrictive measures. Changes in Lithuania have been mainly affected by the internationally changed approach to the disabled and the means of their rights protection. International changes of the concept of the restriction of an individual’s active legal capacity encouraged changes in the legislation of the Republic of Lithuania too. Changed legal regulations introduced new rules for both material and procedural limitations on the restriction of a person’s active legal capacity, thus consequently there are some changes in court hearings and the recognition of individuals’ total or limited incapacity in particular areas. There are certain peculiarities in handling cases of an individual’s restriction of total or limited active legal capacity in specific areas. The special 'protective' rules in this category of cases determine procedural peculiarities at all stages of a civil process, therefore this paper focuses on the procedural rules that need to be followed in order to deal effectively with a case. The analysis of current jurisprudence revealed various problems that arise in the process of the restriction of a person's active legal capacity, therefore the aim of this work is to analyse potential problems and provide possible solutions and recommendations to ensure a more efficient and economical process. There are increased volumes of court rights and duties at the preparatory and trial stages due to the amendments to the law, therefore, the above-mentioned changes are analysed while the efficiency and accuracy of the new functions are evaluated. New pre-trial institutions established after the implementation of the incapacity reforms on 1st January 2016 have been taken into consideration, thus this paper presents an analysis of the functions of these institutions and the link with the court proceedings. |
