Procesinių terminų administraciniam aktui ginčyti taikymo problemos ir jų įtaka teisinio saugumo principo įgyvendinimui

Abstract

The limitation performs a great role in civil relations, its significance is very important when protecting person‘s rights during legal proceedings and realizing the right to judicial defense. The limitation grants stability, clarity and predictability in civil relations. Period of limitation is governed by the Civil Code of Lithuanian Republic. Article 1.125 of the Civil Code provides ten year period of limitation for the civil matters. The Law of Administrative Legal Procedure sets one month period to bring a claim for the administrative act. According to article 26 part 2 of Civil Procedure Code, the cases, where individual administrative act is disputed, are examined in the courts of general competence. The question arises, which period of limitation should be applied to bring a claim for the administrative act, when the case is examined in the court of general competence. The article discusses main law norms regulating different periods of limitation and the practice of Lithuanian Supreme Court. According to the analysis, the one month limitation period should be applied only in such cases where the dispute arises from administrative procedures. In other cases common limitation period of ten years should be applied.