Further on, the article deals with the interrelation between individual and general attributes of interest in law. The author claims that the category of public interest means not only quantity, but also quality. Therefore, a subject of public interest is not the only element that describes the category under investigation. Interests of individuals, the whole society and the state must be in accord with each other. In a democratic state, a compromise should be found between the interests of all subjects, because an individual, the society and the state are values for each other, their interests depend on and influence the development of every subject. A violation of the interests of one subject automatically causes a violation of the interests of another subject; in this situation neither a consecutive development of all earlier mentioned subjects is possible nor a common welfare can be achieved. The fourth chapter of the article deals with the object of public interest. By analyzing the introductory part of the Constitution of the Republic of Lithuania, decisions of the Constitutional Court of the Republic of Lithuania and the Supreme Administrative Court of Lithuania, the author states that objects of public interest are goods and values that are embedded in norms and principles of the Constitution of the Republic of Lithuania. The author stresses that the main and the greatest value and, therefore, the main object of public interest is the human and his rights.
SUMMARY Due to the ever-changing economic and social situation and the emergence of new relationships in this field, it is not possible to regulate the actions of all subjects of labor relations by laws, therefore the legislator has established principles ensuring proper implementation of labor rights and duties. The basic principles governing labor relations do not set specific rules for the conduct of labor relations subjects, but they establish the general principles and ideas, ie. y. that employers, employees and their representatives must, in the exercise of their rights and duties, obey the law, respect the rules of cohabitation and act in good faith, without prejudice to the principles of reasonableness, integrity and justice. There is some disagreement between the parties to the employment relationship in the exercise of their rights and duties. Labor disputes - disagreements between the participants in an employment relationship arising out of an employment relationship or related legal relationship, which are subject to legal remedies and procedures. The Labor Code of the Republic of Lithuania stipulates that labor disputes shall be divided into individual labor disputes for law and collective labor disputes (for law and interests) according to the object matter and subjects of the dispute. The process of dealing with individual labor disputes consists of two stages: pre-litigation and judicial. In order to reveal the peculiarities, problems of individual labor dispute resolution stages and to make suggestions for improvement of the institute, were followed in this work Lithuanian and international legal acts, publications of labor law researchers. The work analyzed the decisions of the labor dispute commission, court decisions, rulings and statistics published by the State Labor Inspectorate.
SUMMARY Due to the ever-changing economic and social situation and the emergence of new relationships in this field, it is not possible to regulate the actions of all subjects of labor relations by laws, therefore the legislator has established principles ensuring proper implementation of labor rights and duties. The basic principles governing labor relations do not set specific rules for the conduct of labor relations subjects, but they establish the general principles and ideas, ie. y. that employers, employees and their representatives must, in the exercise of their rights and duties, obey the law, respect the rules of cohabitation and act in good faith, without prejudice to the principles of reasonableness, integrity and justice. There is some disagreement between the parties to the employment relationship in the exercise of their rights and duties. Labor disputes - disagreements between the participants in an employment relationship arising out of an employment relationship or related legal relationship, which are subject to legal remedies and procedures. The Labor Code of the Republic of Lithuania stipulates that labor disputes shall be divided into individual labor disputes for law and collective labor disputes (for law and interests) according to the object matter and subjects of the dispute. The process of dealing with individual labor disputes consists of two stages: pre-litigation and judicial. In order to reveal the peculiarities, problems of individual labor dispute resolution stages and to make suggestions for improvement of the institute, were followed in this work Lithuanian and international legal acts, publications of labor law researchers. The work analyzed the decisions of the labor dispute commission, court decisions, rulings and statistics published by the State Labor Inspectorate.
SUMMARY Due to the ever-changing economic and social situation and the emergence of new relationships in this field, it is not possible to regulate the actions of all subjects of labor relations by laws, therefore the legislator has established principles ensuring proper implementation of labor rights and duties. The basic principles governing labor relations do not set specific rules for the conduct of labor relations subjects, but they establish the general principles and ideas, ie. y. that employers, employees and their representatives must, in the exercise of their rights and duties, obey the law, respect the rules of cohabitation and act in good faith, without prejudice to the principles of reasonableness, integrity and justice. There is some disagreement between the parties to the employment relationship in the exercise of their rights and duties. Labor disputes - disagreements between the participants in an employment relationship arising out of an employment relationship or related legal relationship, which are subject to legal remedies and procedures. The Labor Code of the Republic of Lithuania stipulates that labor disputes shall be divided into individual labor disputes for law and collective labor disputes (for law and interests) according to the object matter and subjects of the dispute. The process of dealing with individual labor disputes consists of two stages: pre-litigation and judicial. In order to reveal the peculiarities, problems of individual labor dispute resolution stages and to make suggestions for improvement of the institute, were followed in this work Lithuanian and international legal acts, publications of labor law researchers. The work analyzed the decisions of the labor dispute commission, court decisions, rulings and statistics published by the State Labor Inspectorate.
SUMMARY Due to the ever-changing economic and social situation and the emergence of new relationships in this field, it is not possible to regulate the actions of all subjects of labor relations by laws, therefore the legislator has established principles ensuring proper implementation of labor rights and duties. The basic principles governing labor relations do not set specific rules for the conduct of labor relations subjects, but they establish the general principles and ideas, ie. y. that employers, employees and their representatives must, in the exercise of their rights and duties, obey the law, respect the rules of cohabitation and act in good faith, without prejudice to the principles of reasonableness, integrity and justice. There is some disagreement between the parties to the employment relationship in the exercise of their rights and duties. Labor disputes - disagreements between the participants in an employment relationship arising out of an employment relationship or related legal relationship, which are subject to legal remedies and procedures. The Labor Code of the Republic of Lithuania stipulates that labor disputes shall be divided into individual labor disputes for law and collective labor disputes (for law and interests) according to the object matter and subjects of the dispute. The process of dealing with individual labor disputes consists of two stages: pre-litigation and judicial. In order to reveal the peculiarities, problems of individual labor dispute resolution stages and to make suggestions for improvement of the institute, were followed in this work Lithuanian and international legal acts, publications of labor law researchers. The work analyzed the decisions of the labor dispute commission, court decisions, rulings and statistics published by the State Labor Inspectorate.
This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.This article concludes that the normative constitutional complaint model established in Lithuania should be viewed positively. The possibility to overturn decisions of courts of general jurisdiction would extend the powers of the Constitu-tional Court over other judicial authorities and create tensions between courts. However, the possibility to defend violated rights by this type of complaint is rather limited. Therefore, this deficiency would be at least partially compensated by extension of the circle of other subjects entitled to apply to the Constitutional Court.Taking into account the concept of "every person" used in the Constitution, it is logical to assume that not only natural persons, but also legal persons, citizens of the Republic of Lithuania and citizens of other states, stateless persons, etc. fall within the circle of subjects which may apply to the Constitutional Court with an individual constitutional complaint. Otherwise, the term "person" or "citizen" would be chosen to define this circle. The consolidation of a concept of "every person" in the Constitution should be viewed positively as not preventing different categories of subjects from defending their rights in the Constitutional Court.The Lithuanian individual constitutional complaint model contains three measures, which reduce the flow of individual constitutional complaints (filters): the requirement that the rights of petitioner, but not of a third party, would be violated by an unconstitutional legal act; exhaustion of other legal remedies; time-limit for application (constitutional complaint may be submitted within 4 months after the final decision). The establishment of these measures in the constitutional complaint model is undoubtedly necessary as it helps to control the flow of unjustified, repetitive, potentially unsuccessful complaints. However, the national individual constitutional complaint model does not include some exceptions to these filters, that have proved their worth in other European countries. The Lithuanian constitutional complaint model also did not establish the obligation to be legally represented and the requirement to pay the court fees for proceedings before the Constitutional court
This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.This article concludes that the normative constitutional complaint model established in Lithuania should be viewed positively. The possibility to overturn decisions of courts of general jurisdiction would extend the powers of the Constitu-tional Court over other judicial authorities and create tensions between courts. However, the possibility to defend violated rights by this type of complaint is rather limited. Therefore, this deficiency would be at least partially compensated by extension of the circle of other subjects entitled to apply to the Constitutional Court.Taking into account the concept of "every person" used in the Constitution, it is logical to assume that not only natural persons, but also legal persons, citizens of the Republic of Lithuania and citizens of other states, stateless persons, etc. fall within the circle of subjects which may apply to the Constitutional Court with an individual constitutional complaint. Otherwise, the term "person" or "citizen" would be chosen to define this circle. The consolidation of a concept of "every person" in the Constitution should be viewed positively as not preventing different categories of subjects from defending their rights in the Constitutional Court.The Lithuanian individual constitutional complaint model contains three measures, which reduce the flow of individual constitutional complaints (filters): the requirement that the rights of petitioner, but not of a third party, would be violated by an unconstitutional legal act; exhaustion of other legal remedies; time-limit for application (constitutional complaint may be submitted within 4 months after the final decision). The establishment of these measures in the constitutional complaint model is undoubtedly necessary as it helps to control the flow of unjustified, repetitive, potentially unsuccessful complaints. However, the national individual constitutional complaint model does not include some exceptions to these filters, that have proved their worth in other European countries. The Lithuanian constitutional complaint model also did not establish the obligation to be legally represented and the requirement to pay the court fees for proceedings before the Constitutional court
This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.This article concludes that the normative constitutional complaint model established in Lithuania should be viewed positively. The possibility to overturn decisions of courts of general jurisdiction would extend the powers of the Constitu-tional Court over other judicial authorities and create tensions between courts. However, the possibility to defend violated rights by this type of complaint is rather limited. Therefore, this deficiency would be at least partially compensated by extension of the circle of other subjects entitled to apply to the Constitutional Court.Taking into account the concept of "every person" used in the Constitution, it is logical to assume that not only natural persons, but also legal persons, citizens of the Republic of Lithuania and citizens of other states, stateless persons, etc. fall within the circle of subjects which may apply to the Constitutional Court with an individual constitutional complaint. Otherwise, the term "person" or "citizen" would be chosen to define this circle. The consolidation of a concept of "every person" in the Constitution should be viewed positively as not preventing different categories of subjects from defending their rights in the Constitutional Court.The Lithuanian individual constitutional complaint model contains three measures, which reduce the flow of individual constitutional complaints (filters): the requirement that the rights of petitioner, but not of a third party, would be violated by an unconstitutional legal act; exhaustion of other legal remedies; time-limit for application (constitutional complaint may be submitted within 4 months after the final decision). The establishment of these measures in the constitutional complaint model is undoubtedly necessary as it helps to control the flow of unjustified, repetitive, potentially unsuccessful complaints. However, the national individual constitutional complaint model does not include some exceptions to these filters, that have proved their worth in other European countries. The Lithuanian constitutional complaint model also did not establish the obligation to be legally represented and the requirement to pay the court fees for proceedings before the Constitutional court
This article analyses the main elements of the model of individual constitutional complaint enshrined in the Constitution of the Republic of Lithuania and in the ordinary legislation. These elements are: objects of individual constitutional complaint; subjects entitled to lodge individual constitutional complaint and filters, which reduce the flow of individual constitutional complaints. This article aims to reveal the legal framework regulating these elements and to identify its advantages and disadvantages.This article concludes that the normative constitutional complaint model established in Lithuania should be viewed positively. The possibility to overturn decisions of courts of general jurisdiction would extend the powers of the Constitu-tional Court over other judicial authorities and create tensions between courts. However, the possibility to defend violated rights by this type of complaint is rather limited. Therefore, this deficiency would be at least partially compensated by extension of the circle of other subjects entitled to apply to the Constitutional Court.Taking into account the concept of "every person" used in the Constitution, it is logical to assume that not only natural persons, but also legal persons, citizens of the Republic of Lithuania and citizens of other states, stateless persons, etc. fall within the circle of subjects which may apply to the Constitutional Court with an individual constitutional complaint. Otherwise, the term "person" or "citizen" would be chosen to define this circle. The consolidation of a concept of "every person" in the Constitution should be viewed positively as not preventing different categories of subjects from defending their rights in the Constitutional Court.The Lithuanian individual constitutional complaint model contains three measures, which reduce the flow of individual constitutional complaints (filters): the requirement that the rights of petitioner, but not of a third party, would be violated by an unconstitutional legal act; exhaustion of other legal remedies; time-limit for application (constitutional complaint may be submitted within 4 months after the final decision). The establishment of these measures in the constitutional complaint model is undoubtedly necessary as it helps to control the flow of unjustified, repetitive, potentially unsuccessful complaints. However, the national individual constitutional complaint model does not include some exceptions to these filters, that have proved their worth in other European countries. The Lithuanian constitutional complaint model also did not establish the obligation to be legally represented and the requirement to pay the court fees for proceedings before the Constitutional court
The Role of Individual Labour Disputes in the System of Labour Disputes Summary Procedure for resolution of individual labor disputes by the commissions for labor disputes has been regulated by Lithuanian legislation since the year 1957. Upon adoption of the Law on Labor Dispute Resolution in 2000, the trade union committees were cancelled; such committees acted as pre-trial authorities engaged in resolution of individual disputes in Soviet Lithuania. However, even in the year 2000, the legislation regulating resolution of labor disputes included a lot of drawbacks, and therefore validity of such legal acts was transitory. The 4th June 2002 Labor Code and the 28th February 2002 Code of Civil Procedure which came into force on January 1, 2003, formalized regulation of the individual labor disputes resolution ; however the new legislation did not mean any material changes. The present Master Paper includes description of competence of individual labor disputes subjects on the national scale (in the Republic of Lithuania), and practical as well as theoretical analysis of individual labor disputes resolution in the national enterprises and organizations. In the course of analysis of this subject I made an attempt of answering the following questions: Is it necessary to make distinction of individual labor disputes as specific and specifically regulated part of the civil disputes? Specifics of labor disputes resolution described in the currently valid Code of Civil Procedure of the Republic of Lithuania. Specifics of labor disputes resolution formalized in the countries of the European Union such as France, Sweden, Germany, and Finland, resolving their labor disputes in specialized labor courts. What aspects of labor disputes resolution should be provided for in the Republic of Lithuania? All the questions were attempted to answer both from social as well as process concentration point of view. Social point of view allowed exposing the specifics of individual labor disputes. Analysis of concentration and speediness of trial was based on the European Convention on Human Rights and Fundamental Freedoms, as speedy trial is one of the most important things for the parties to any labor dispute. The Master Paper comprehensively describes, using the method of logical analysis, types of individual labor disputes, with demonstration of data from individual labor disputes associated questionnaires and analysis thereof. In addition, considerable attention is given to specific features of individual labor disputes, specifics of the proceedings associated with resolution of labor disputes in courts, and experience of the EU countries in resolution of labor disputes by specialized labor courts. It should be noted that no material changes were made in the Labor Code in 2003; therefore certain problems which are in contradiction with the Code of Civil Procedure remained. Due to this fact some contradictions (inadequacies) occur in the procedure of labor disputes resolution. Moreover, currently existing procedure of pre-trial labor dispute resolution in labor dispute commissions does not serve the purpose intended. Another problem is that an employer is not allowed to appeal against a decision of labor dispute commission. Notwithstanding the fact that the Code of Civil Procedure establishes minimum preparatory term before trial, the courts usually do not comply with such terms due to the workload experienced. Therefore our legal community increasingly suggests an idea of specialized courts. Finally, it should be noted that social relations are composite and diverse. This fact determines the necessity for further improvement of dispute resolution mechanisms as well as of law enforcement and public protection institutions to ensure security of Lithuanian citizens and guarantee protection by the state of their labor rights by release of proper legislation.
The Role of Individual Labour Disputes in the System of Labour Disputes Summary Procedure for resolution of individual labor disputes by the commissions for labor disputes has been regulated by Lithuanian legislation since the year 1957. Upon adoption of the Law on Labor Dispute Resolution in 2000, the trade union committees were cancelled; such committees acted as pre-trial authorities engaged in resolution of individual disputes in Soviet Lithuania. However, even in the year 2000, the legislation regulating resolution of labor disputes included a lot of drawbacks, and therefore validity of such legal acts was transitory. The 4th June 2002 Labor Code and the 28th February 2002 Code of Civil Procedure which came into force on January 1, 2003, formalized regulation of the individual labor disputes resolution ; however the new legislation did not mean any material changes. The present Master Paper includes description of competence of individual labor disputes subjects on the national scale (in the Republic of Lithuania), and practical as well as theoretical analysis of individual labor disputes resolution in the national enterprises and organizations. In the course of analysis of this subject I made an attempt of answering the following questions: Is it necessary to make distinction of individual labor disputes as specific and specifically regulated part of the civil disputes? Specifics of labor disputes resolution described in the currently valid Code of Civil Procedure of the Republic of Lithuania. Specifics of labor disputes resolution formalized in the countries of the European Union such as France, Sweden, Germany, and Finland, resolving their labor disputes in specialized labor courts. What aspects of labor disputes resolution should be provided for in the Republic of Lithuania? All the questions were attempted to answer both from social as well as process concentration point of view. Social point of view allowed exposing the specifics of individual labor disputes. Analysis of concentration and speediness of trial was based on the European Convention on Human Rights and Fundamental Freedoms, as speedy trial is one of the most important things for the parties to any labor dispute. The Master Paper comprehensively describes, using the method of logical analysis, types of individual labor disputes, with demonstration of data from individual labor disputes associated questionnaires and analysis thereof. In addition, considerable attention is given to specific features of individual labor disputes, specifics of the proceedings associated with resolution of labor disputes in courts, and experience of the EU countries in resolution of labor disputes by specialized labor courts. It should be noted that no material changes were made in the Labor Code in 2003; therefore certain problems which are in contradiction with the Code of Civil Procedure remained. Due to this fact some contradictions (inadequacies) occur in the procedure of labor disputes resolution. Moreover, currently existing procedure of pre-trial labor dispute resolution in labor dispute commissions does not serve the purpose intended. Another problem is that an employer is not allowed to appeal against a decision of labor dispute commission. Notwithstanding the fact that the Code of Civil Procedure establishes minimum preparatory term before trial, the courts usually do not comply with such terms due to the workload experienced. Therefore our legal community increasingly suggests an idea of specialized courts. Finally, it should be noted that social relations are composite and diverse. This fact determines the necessity for further improvement of dispute resolution mechanisms as well as of law enforcement and public protection institutions to ensure security of Lithuanian citizens and guarantee protection by the state of their labor rights by release of proper legislation.
This Master's thesis deals with the institute of individual constitutional complaint as an effective instrument for protection of personal rights and development of consitutionalism. Individual constitutional complaint is one of the legislative measures used on an individual's initiative and aimed at ensuring the protection of constitutional rights and freedoms of individuals against unconstitutional acts of public authorities. Thus, individual constitutional complaint enables individuals to make decisions about the protection of their rights. It is the best and simplest mechanism ensuring actual protection of human rights. The first part of the work analyses the premises, historical development, formation and prevalence of individual constitutional complaint. The second part of the Master's thesis reveals the reasons for a legal reform with regard to individual constitutional complaint and the main arguments why the existing model of limited application to the Constitutional Court should be supplemented by introducing the right for natural and legal persons to refer to the Constitutional Court directly. The third part presents the evaluation of the institute of individual constitutional complaint in the Lithuanian legal system and the prospects for its validation. Taking into account the historical context of this legal measure and providing the examples of foreign practice (Germany and Latvia), the thesis presents the pros and cons of individual constitutional complaint models, which are crucial for effective introduction into the Lithuanian legal system. It is noted that there is not and cannot be a single model of individual constitutional complaint, because each country, taking into account its social and cultural conditions, legal system and legal consciousness of its society, must adopt a unique and distinctive model of individual constitutional complaint that would function effectively. The expediency and legal prospects of individual constitutional complaint in the Lithuanian legal system are disclosed through the analysis of legislation and draft legislation regulating the guidelines for the introduction and prospects of individual constitutional complaint in the constitutional framework of Lithuania. Theoretical and practical aspects and prospects of establishing the institute of individual constitutional complaint in the national legal system of Lithuania are discussed. In order to achieve the aim of the research, an overview of international legislation which has a strong influence on the Lithuanian legal system is provided.
This Master's thesis deals with the institute of individual constitutional complaint as an effective instrument for protection of personal rights and development of consitutionalism. Individual constitutional complaint is one of the legislative measures used on an individual's initiative and aimed at ensuring the protection of constitutional rights and freedoms of individuals against unconstitutional acts of public authorities. Thus, individual constitutional complaint enables individuals to make decisions about the protection of their rights. It is the best and simplest mechanism ensuring actual protection of human rights. The first part of the work analyses the premises, historical development, formation and prevalence of individual constitutional complaint. The second part of the Master's thesis reveals the reasons for a legal reform with regard to individual constitutional complaint and the main arguments why the existing model of limited application to the Constitutional Court should be supplemented by introducing the right for natural and legal persons to refer to the Constitutional Court directly. The third part presents the evaluation of the institute of individual constitutional complaint in the Lithuanian legal system and the prospects for its validation. Taking into account the historical context of this legal measure and providing the examples of foreign practice (Germany and Latvia), the thesis presents the pros and cons of individual constitutional complaint models, which are crucial for effective introduction into the Lithuanian legal system. It is noted that there is not and cannot be a single model of individual constitutional complaint, because each country, taking into account its social and cultural conditions, legal system and legal consciousness of its society, must adopt a unique and distinctive model of individual constitutional complaint that would function effectively. The expediency and legal prospects of individual constitutional complaint in the Lithuanian legal system are disclosed through the analysis of legislation and draft legislation regulating the guidelines for the introduction and prospects of individual constitutional complaint in the constitutional framework of Lithuania. Theoretical and practical aspects and prospects of establishing the institute of individual constitutional complaint in the national legal system of Lithuania are discussed. In order to achieve the aim of the research, an overview of international legislation which has a strong influence on the Lithuanian legal system is provided.
This Master's thesis deals with the institute of individual constitutional complaint as an effective instrument for protection of personal rights and development of consitutionalism. Individual constitutional complaint is one of the legislative measures used on an individual's initiative and aimed at ensuring the protection of constitutional rights and freedoms of individuals against unconstitutional acts of public authorities. Thus, individual constitutional complaint enables individuals to make decisions about the protection of their rights. It is the best and simplest mechanism ensuring actual protection of human rights. The first part of the work analyses the premises, historical development, formation and prevalence of individual constitutional complaint. The second part of the Master's thesis reveals the reasons for a legal reform with regard to individual constitutional complaint and the main arguments why the existing model of limited application to the Constitutional Court should be supplemented by introducing the right for natural and legal persons to refer to the Constitutional Court directly. The third part presents the evaluation of the institute of individual constitutional complaint in the Lithuanian legal system and the prospects for its validation. Taking into account the historical context of this legal measure and providing the examples of foreign practice (Germany and Latvia), the thesis presents the pros and cons of individual constitutional complaint models, which are crucial for effective introduction into the Lithuanian legal system. It is noted that there is not and cannot be a single model of individual constitutional complaint, because each country, taking into account its social and cultural conditions, legal system and legal consciousness of its society, must adopt a unique and distinctive model of individual constitutional complaint that would function effectively. The expediency and legal prospects of individual constitutional complaint in the Lithuanian legal system are disclosed through the analysis of legislation and draft legislation regulating the guidelines for the introduction and prospects of individual constitutional complaint in the constitutional framework of Lithuania. Theoretical and practical aspects and prospects of establishing the institute of individual constitutional complaint in the national legal system of Lithuania are discussed. In order to achieve the aim of the research, an overview of international legislation which has a strong influence on the Lithuanian legal system is provided.
This Master's thesis deals with the institute of individual constitutional complaint as an effective instrument for protection of personal rights and development of consitutionalism. Individual constitutional complaint is one of the legislative measures used on an individual's initiative and aimed at ensuring the protection of constitutional rights and freedoms of individuals against unconstitutional acts of public authorities. Thus, individual constitutional complaint enables individuals to make decisions about the protection of their rights. It is the best and simplest mechanism ensuring actual protection of human rights. The first part of the work analyses the premises, historical development, formation and prevalence of individual constitutional complaint. The second part of the Master's thesis reveals the reasons for a legal reform with regard to individual constitutional complaint and the main arguments why the existing model of limited application to the Constitutional Court should be supplemented by introducing the right for natural and legal persons to refer to the Constitutional Court directly. The third part presents the evaluation of the institute of individual constitutional complaint in the Lithuanian legal system and the prospects for its validation. Taking into account the historical context of this legal measure and providing the examples of foreign practice (Germany and Latvia), the thesis presents the pros and cons of individual constitutional complaint models, which are crucial for effective introduction into the Lithuanian legal system. It is noted that there is not and cannot be a single model of individual constitutional complaint, because each country, taking into account its social and cultural conditions, legal system and legal consciousness of its society, must adopt a unique and distinctive model of individual constitutional complaint that would function effectively. The expediency and legal prospects of individual constitutional complaint in the Lithuanian legal system are disclosed through the analysis of legislation and draft legislation regulating the guidelines for the introduction and prospects of individual constitutional complaint in the constitutional framework of Lithuania. Theoretical and practical aspects and prospects of establishing the institute of individual constitutional complaint in the national legal system of Lithuania are discussed. In order to achieve the aim of the research, an overview of international legislation which has a strong influence on the Lithuanian legal system is provided.
