Teismo vaidmuo vykdymo procese

Abstract

SUMMARY THE ROLE OF THE COURT IN THE EXECUTION PROCEEDING In order to assure the real protection of rights and freedoms, the court as the only jurisdiction, employs the role of not only solving the dispute and passing the judicial decisions, but also assuring its relevant implementation. In order to determine and evaluate the role of the court on the execution proceeding ground thoroughly, the theoretical and practical issues of the court participation in the execution proceeding are analysed in this work. While reviewing the legal acts of Lithuania and other countries, the experience of The Supreme Court of Lithuania and the diversity of legal conceptions of the execution proceeding, the author in this work presents the conception of the execution proceeding, its standing in the legal system, unfolds the relationship of the execution proceeding with judicial authority, jurisdiction and civilian process, also the relationship of the role of the court as the jurisdiction institution with the nature of the legal execution proceeding. While ascertaining and discussing the concrete functions of the court and their procedural forms and problems of implementation, which appear while performing these acts, the author highlights the practical importance of the court proceedings. The court assures the legitimacy of the execution proceeding. The control of bailiff procedural is the main and most important way of realizing the legitimacy of the execution proceeding. However, except the control of bailiff procedural, the court in the execution proceeding also applies the penalty for the debtor and the third party for non-compliance or inadequate compliance of the procedural obligations, deals with the questions related to directing of the judicial decisions for urgent implementation and recoursing the implementation of the decisions. The reason that procedural actions in execution proceeding belong to the court jurisdiction, allows unambiguously stating that the court is the participant in the procedural legal relations, developed in the execution proceeding.