Administracinės bylos proceso dalyvių teisinės padėties probleminiai aspektai ; Problematic aspects of legal status of the parties to the administrative court proceedings

Abstract

Topic of the MA in Law thesis is relevant, whereas legal status aspects of the parties to the administrative proceedings yet have not been scrutinized in sufficient detail in Lithuania. The problem is that the draft Administrative Process Code, which is currently under preparation, intends to regulate legal status of both the parties to the administrative court proceedings and the parties to the administrative offence proceedings. Meanwhile, class differences between the said types of administrative cases are self-evident and gaps and obscurities of the existing legal regulation are factual. In case of failure to display peculiarities of legal status and position of the parties of such cases many principles of administrative law and administrative process shall be violated. Research subject of the thesis is factors determining legal status of the parties to the administrative court proceedings. Object of the research is factors determining legal status of the parties to the administrative court proceedings and the administrative offence proceedings as a whole. Research hypothesis: legal status of the parties to the administrative court proceedings is conditioned by legal regulation of administrative process, role of court in the administrative process and process role selected by the very parties of such proceedings. Aim of the research is to evaluate how particular factors affect legal status of the parties to the administrative court proceedings and to explore how to change such legal status having employed the said factors to make the administrative court proceedings more efficient, effective and time-saving. Tasks of the research: to discuss prevailing perceptions of administrative process and reveal the essence of and interrelations between basic legal categories of the administrative process; to define legal status of the parties to the administrative court proceedings and highlight peculiarities of legal status of the participants of dispute-resolving administrative court proceedings and administrative offence proceedings by especially concentrating on differences between legal statuses of the parties to the said types of proceedings; to detect factors conditioning legal status of the parties to the administrative court proceedings and examine impact of the said factors on legal status of the parties. Both theoretical and empiric methods of scientific research have been employed, namely comparative analysis, systematic analysis, analogy, analytical - critical, linguistic, logical, generalizing and document analysis methods. Complex application of the said methods played an important role in favour of correctness and reliability of generalizations and conclusions given. The working hypothesis has proved. The author has come to the following conclusions: proper regulation of legal status of the parties to the administrative court proceedings is helpful in ensuring efficiency, effectiveness and time-saving nature; the institute of the parties to the administrative court proceedings is regulated insufficiently and therefore the existing gaps must be eliminated or legal acts valid at present replaced and supplemented.