Viešojo intereso problema civilinio proceso teisėje.
This article analyzes the problem of a definition of the public interest in the civil procedure law and practice. The legislator not only does not explain the concept of the public interest entrenched in norms of the civil procedure law, but it also does not establish any objective criteria or normative characteristics, following which one could ensure uniform interpretation of the concept. Legal literature suggests resolving this problem by leaving interpretation of the concept of the public interest solely to the case law. Courts however do not create legal norms. Therefore, they can only evaluate this concept in a certain situation and cannot provide for any normative characteristics of the public interest. Consequently, absence of a definition of the public interest is a serious problem of interpretation and application of laws of the civil procedure. No legal security and certainty may exist, if a legal norm is not clear and precise enough and if it can only be implemented by reason of its ad hoc interpretation. The article analyzes the public interest as well as provides for the subjects and object thereof. That enabled to formulate and to present a definition of the public interest. The public interest is objectively existing as well as legally protected and defended general, non-individualized (not depending to particular persons) social needs of the society or of individual groups thereof, which are determined by universally acceptable aims of stability and positive changes in the society (public good).
- Straipsniai / Articles