Nuobaudų už piktnaudžiavimą procesu taikymo ypatumai
Abstract
Procedural penalties, provided in the Civil Procedure and Criminal Procedure Codes of the
Republic of Lithuania are independent type of judicial legal measures applicable by court, intended to
ensure due process, punish those who violate the process or somehow impede the continuity and
quality of court's judicial work, detain individuals from inappropriate behavior in the process and force
them to respect the law. The aim of this article is to reveal purpose of the application of procedural
penalties in civil and criminal procedure, appointment of legal framework, type and level of penalties
and its features, also procedural court rulings to ensure penalties procedures, an appeal
procedure. Content of researching process of abuses as a prerequisite for the application of procedural
penalties. Implementing comparative analysis of legal regulation of penalties for abuse of the process
in civil procedure and criminal procedure. The article concludes that the procedural rules quite clearly
and specifically determines what type of procedural penalties should be applied by the court for abuses
of process or judicial procedure laid down in circumvention, for example. a warning, a fine, arrest, but
the amount of the fine and the period of arrest is left to the discretion of the court to appoint. The
article discusses about the problems of individualization of penalties, mention criteria for identifying
selection of the proper amount of the fine or duration of arrest for the specific entity. Contains opinion
that the arrests are not proper type penalties in civil procedure, because the aims of procedural
penalties may be achieved with less penetrating measures trying to avoid one of the strictest
application of penetrating measures. Case law reveals the practical application of procedural penalties
problematic aspects.
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