Kasacijos pagrindai kaip pagrindinė kasacijos proceso pradėjimo sąlyga

Abstract

When was reinstated the independence of the Republic of Lithuania and the court system was reformed, the changes affected and civil process law, including and the institute of cassation. When on the first of January in 2003 the Law of the approval, going into effect and implementation of the Code of Civil Procedure came into force there were ordained the new cassation restrains, the system of cassation permits, refused the opportunity of cassation presentation. Cassation as the form to control the legitimacy of the courts‘ judgements can be used only in exclusive cases – when there exist the fundamental, harsh and serious breach of material and procedural law, i. e. when there exist the grounds for cassation which assert as the inappropriate commentation and application of law, deviation from the practice of the Supreme Court of Lithuania or as the promiscuity of the practice of the Supreme Court. Despite of these changes the mistakes made by the Seimas and the Supreme Court get to be found out. This starts discussions on the question whether the purposes and principles of the Constitution of the Republic of Lithuania and civil process law – to fight for the interest of people and all society, to seek the justice applying and developing the law – are to be started to deny. This situation arises because the Seimas has ordained some cassation restrains which had diminished the importance of the grounds for cassation to be the main condition to use the possibility for cassation. The importance of the ground for cassation declines due to the influence of the practice of the Supreme Court (mostly for the decisions of the Selection college) too as it shows some negative position not only on the grounds for cassation but and on the purposes of cassation and civil process. These factors block up the possibility to implement the objectives of the democratic state - to have uniform practice of the courts, stability and justice in the civil relations. In this search for the purpose to public the importance of the grounds for cassation in the cassation porcedure, there is disputed not only a conception of the grounds for cassation, but and there is revealed the main problems which cause the discusions that the grounds for cassation are not the one-off condition to use the opportunity for the cassation become, and then there is offered the ways how to solve these problems.