Administracinių bylų dėl viešojo intereso gynimo nagrinėjimo ypatumai ; Characteristics of the public interest protection in the administrative cases in the legal system of lithuania

Abstract

Dealing with the problem of protection of a public interest is associated with two problems: indetermination of the conception of a public interest and group of entities able to address a court in order to protect the aforesaid interest. The term of a public interest has not been defined in the legal acts. Due to this reason, the entities of executive power and judicial power that apply the law are granted the discretion to decide what a public interest is. It is acknowledged that a public interest is something that is important, necessary and useful for the entire society, its part or significant interests. Pursuant to the Law on Administrative Proceedings, the right to protect a public interest in the administrative procedure is granted by a legislator to a certain group of entities entitled to address a court in order to protect a public interest under two following conditions: such right is provided for in the special laws and a court must be addressed due to the aforesaid interest rather than protection of a subjective right. In such cases, representatives of a public interest are granted all national procedural rights and duties. Rapid development of the society, social phenomena have influence on the interests of many people, group, society rather that one person. In case of such situation, the possibility of institution for group claim in Lithuanian administrative procedure should be discussed.