Lietuvos CPK įgyvendinimo problemos: nacionaliniai ir tarptautiniai aspektai : kolektyvinė monografija

During the last decade of independence of Lithuania the laws of civil procedure literally experienced revolutionary changes, which affected the change in the role of the court in the civil procedure, as well as the delegation of some of its functions to other participants of the civil procedure. During the mentioned period of time the position of the legislator concerning the proper and just relation between the independence of the parties to the procedure in the restoration of their rights and legal interests, and the role of the court in the civil procedure has been changing intensely (but consistently), One of the aspects of a democratic country is the equality before law, or legality. Legality is guaranteed by such elements as the impartiality of judges, an unrestricted right of judicial defense, a transparent legislative process and the compliance of laws witch international regulations, as well as proper application of law. Only through its interpretation and application will law become alive to its users and addressees. Therefore it is important to ensure that this is done properly and equally, and also with regard to international practice. This is crucial not only to every citizen and organization, but also for the reliability of the whole legal system. The aims of the new Code on Civil Procedure of the Republic of Lithuania (hereafter also - the Code on Civil Procedure, the Code) were to regulate the procedure of protection of infringed substantial individual rights in an essentially different way, adapt it to new market conditions. The drafters of the new Code on Civil Procedure sought to ensure the implementation of the procedural principle of expedition, to ensure the balance between the impartiality and the active role of the judge, and to capacitate the adoption of a substantially just judgment. [...].