Viešojo intereso gynimo civiliniame procese teorinės ir praktinės problemos ; Theoretical and practical problems of defending the public interest in civil proceedings

Abstract

The concept of public interest has not been revealed in Lithuania yet. Different concepts are used in law acts. It is quite difficult to describe what public interest in definite relations is and how to define its protection limits. In such case, it is necessary to evaluate definite circumstances as well as the conception of public interest in the society, law science, and practice of courts. The master work presents the analysis of the problems of public interest defense in a civil process. Legal regulation drawbacks are found and the ways to improve this regulation are sought. The first part of this work gives the analysis of how public interest category is perceived in various contexts. The formation of this conception is analyzed. Various political theories are analyzed in this case. Different philosophical approaches to the interaction of individual and public interests are presented. What is more, the relation between public and private interest is also analyzed. The work was based upon national as well as European Union law practice. The second part of this work presents the analysis of public interest defense in a civil process. Legal norms, regulating the role of subjects, which participate in the civil process of public interest defense, are discussed. The role of prosecution service in various countries is compared. Public interest defense peculiarities are analyzed. Law acts, regulating the competence and authority of certain institutions, which participate in the defense of public interest, are studied. The problems, related to the defense of public interest are also emphasized here. Moreover, group claim form for the defense of public interest is analyzed as well. Attention is paid to the regulation drawback of this institute. The last part of this work gives the analysis of the prospects for public interest defense in a civil process. Evaluation of certain law acts projects is presented. The gaps and strong sides of the prospective regulation are sought. The situation of public interest defense in a public process is summarized in the final part of this work. Conclusions and offers how to improve this regulation and solve problems existing in this institute are presented.