Administracinių teismų sprendimų vykdymo problemos.
In the article the process of the compulsory execution of the judgments of the administrative courts are analyzed. The author emphasizes the importance of this process on the grounds of the judgments of the European Court of Human Rights. The Court in its judgments stated that according to the 6 Article of the Convention for the Protection of Human Rights and Fundamental Freedoms the process of the execution of judgments of any court should be understandable an integral part of judicial proceeding. In Lithuania in 1999 the creation of the system of administrative courts finished the formation of administrative proceeding. The Law on Administrative Proceeding establishes the procedure for administrative cases, however the 97 Article of this law states that not executed judgments shall be executed according to the procedure laid down in the Code of Civil Procedure. Analyzing the relation between the procedure of judgments’ execution and administrative proceeding the author has laid stress on the problem of execution procedure in the legal system. In the article the nature of legal relationships, which emerge during the procedure of execution of the judgments of administrative courts, are characterized. According to the will of legislators the execution of the judgments of administrative courts are regulated by the norms of the VI Part of the Code of Civil Procedure, for this reason the author emphasizes the peculiarities of application of the principles of civil procedure to the execution procedure of the judgments of administrative courts, explains the differences among civil and administrative proceedings. In 88 Article of the Law on Administrative Proceeding the categories of judgments of administrative courts are listed. The execution procedure of every category of the judgment of the administrative court has it own peculiarities. In the article separately are analyzed the content of execution procedure of the each category of judgments of administrative courts, revealed the peculiarities of the procedure of the each category of judgments of administrative courts. Analyzing the legal acts, which regulate the execution of judgments of administrative courts, author reveals the shortages of legal regulation of execution procedure, points out arising problems, presents the ways of the solution these problems.
- Straipsniai / Articles