Proceso atnaujinimas: samprata ir reikšmė

Abstract

Till the alterations of Civil Procedure Code in 1998 institute of reopening of proceedings was constituent of cassation. After above-mentioned alterations came into force reopening of proceedings was separated from cassation and was given status of the independent institute. This change allowed to avoid dual process that was then the Court of Cassation decided questions on reopening of proceedings. Moreover, analyzed institute is not considered as control mean of legality and validity, and judicial act is considered legal and grounded because it is founded on evidence and circumstances hereupon known by the court. In this master thesis “Reopening of Civil Proceedings: Conception and Importance” there is compared regulation of reopening of civil proceedings in foreign countries, its development in Lithuania presented, features of this institute, difference from control means of legality and validity (appeal and cassation) are analyzed, question of civil process implementation principles balance is examined, conceptions of reopening of proceedings are presented, the importance is revealed. Critical evaluation of norms of chapter XVIII “Reopening of Proceedings” in Civil Procedure Code of Republic of Lithuania and possible suggestions considering difference in practice of the Supreme Court of Lithuania, norms of laws and theory are presented. Reopening of proceedings in already closed case is very important mean ensuring opportunity for parties, third parties and persons not joined to hearing of the case to defend their violated rights and legal interests, when there is no possibility to defend them by control means of legality and validity of court decisions in instance system.