Ginčo išankstinio nagrinėjimo ne teismine tvarka

Abstract

Summary This work analyses regulation of advance litigation out of court in Lithuanian laws. For disclosure of the issue in this work conception of exercise of right to appeal to court is discussed and it is trying to detect if advance litigation out of court does not restrain this principle. In this study author presents different ways of implementation of advance litigation out of court. According to Lithuanian laws out of court disputes (before appealing to court) could be dealt in out of court institutions, as well as person is allowed to claim to other person because of coming dispute and law may indicate the alternative regulation of advanced litigation out of court. A person can either solve dispute in out of court institution or appeal to a court directly. The work analyzes the subsequences of following and braking advance litigation out of court order, refusal of a court to admit plaint and bases of suspension of civil case. At the end of the study such conclusion is made that order of advance litigation out of court rational and socially important law institute. Establishment of this order must be regulated only by law. The establishment of this order does not limit the principle of person’s right to appeal to court if dispute solved in out of court institutions could be appealed to court and implementation of this order is not too complicated and bureaucratic.