Nuobaudų už piktnaudžiavimą procesu taikymo ypatumai
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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.
- Straipsniai / Articles