Privataus kaltinimo bylų procesas kaip dispozityvumo realizavimo forma
MetaduomenysRodyti išsamų įrašą
The aim of the research was to carry out a detailed investigation into theoretical foundations of the private prosecution procedure and evaluate the theoretical and practical premises of implementation of the rights and lawful interests of the participants of the private prosecution procedure. Firstly, the theoretical foundations of the private prosecution procedure were analysed with special attention to the impact of private interest and dispositiveness on the legal regulation of the private prosecution procedure. Secondly, the legal regulation of the institute of private prosecution was analysed as well as its compliance to the lawful interests of the participants of the procedure and effectiveness of legal regulation in case law. The assumptions and purpose of the private prosecution procedure were analysed and legal regulation was discussed not only as a state activity, but also as a possibility for a person to express his/her will on initiation of the procedure and make an impact on its course. A theoretical analysis of the legal nature of dispositiveness in criminal procedure and its impact on the procedural form of private prosecution is presented. Besides, a thorough theoretical and comparative analysis of the characteristics of the private prosecution procedure are provided. Moreover, problems of the implementation of the legislation are formulated and solutions as well as perspectives of improving the legal regulation are proposed.