Suchergebnisse

The Constitution and the laws of the Republic of Lithuania establishe the power and stability of a final and binding decision of a court. This is to ensure human rights and stability of the relations whith arise on the grounds of such a decision. However, in case of certain circumstances, the legal effect of the decision can be dissolved, it may lose the characteristics of stability and immutability. This possibility is given by the Law on administrative proceedings, Chapter IV, which establishes the institute of the reopening of administrative proceedings. The institute is applied when an interested party has no legal means to protect its violated rights and legal interests. The thesis by the help of empiric and theoretic methods, discloses the conception of the institute of the reopening of administrative proceedings, emphasizes its peculiarities, examines existing theoretical and practical legal defects, as well as posible ways to eliminate them. The comprehensive and accurate analysis of the grounds for reopening the proceedings and case study of the application of these grounds is presented. Master's thesis consists of an introduction, three – enacting parts, conclusions and recommendations. The first part is to define the importance of the reopening of proceedings and its position in the administrative process, determine existing regulation and legal defects. The second part is to examine the legal regulations of the reopening of administrative proceedings that determine the procedure of the application, analyse its characteristics and defects. The third part is to examine the grounds for the reopening of proceedings, trying to find out which grounds are the most common and which ones are of little relevance in today's life. The conclusions are submitted according to the case study and some examples of judicial practice are presented. The study of jurisprudence leads to a conclusion that administrative proceedings can be reopened in very limited cases, only if obvious grounds established by the Law on administrative proceedings, Article N. 153, Paragraph 2, exist; otherwise, most requests are denied. The paper sets out suggestions for the legislator of the Republic of Lithuania in relation to improvements and amendments of the Law on admistrative proceedings.

The Constitution and the laws of the Republic of Lithuania establishe the power and stability of a final and binding decision of a court. This is to ensure human rights and stability of the relations whith arise on the grounds of such a decision. However, in case of certain circumstances, the legal effect of the decision can be dissolved, it may lose the characteristics of stability and immutability. This possibility is given by the Law on administrative proceedings, Chapter IV, which establishes the institute of the reopening of administrative proceedings. The institute is applied when an interested party has no legal means to protect its violated rights and legal interests. The thesis by the help of empiric and theoretic methods, discloses the conception of the institute of the reopening of administrative proceedings, emphasizes its peculiarities, examines existing theoretical and practical legal defects, as well as posible ways to eliminate them. The comprehensive and accurate analysis of the grounds for reopening the proceedings and case study of the application of these grounds is presented. Master's thesis consists of an introduction, three – enacting parts, conclusions and recommendations. The first part is to define the importance of the reopening of proceedings and its position in the administrative process, determine existing regulation and legal defects. The second part is to examine the legal regulations of the reopening of administrative proceedings that determine the procedure of the application, analyse its characteristics and defects. The third part is to examine the grounds for the reopening of proceedings, trying to find out which grounds are the most common and which ones are of little relevance in today's life. The conclusions are submitted according to the case study and some examples of judicial practice are presented. The study of jurisprudence leads to a conclusion that administrative proceedings can be reopened in very limited cases, only if obvious grounds established by the Law on administrative proceedings, Article N. 153, Paragraph 2, exist; otherwise, most requests are denied. The paper sets out suggestions for the legislator of the Republic of Lithuania in relation to improvements and amendments of the Law on admistrative proceedings.