Skundų nagrinėjimo administracinių ginčų Komisijoje proceso teisinio reguliavimo problemos
Legal regulation of the procedure of hearing appeals in administrative disputes commissions is analyzed in the article. Legal acts regulating the procedure of hearing cases in administrative disputes commissions are examined in the article. The author presents an evaluation of the legal regulation in terms of its conformity with the Constitution of Lithuania. On the basis of the jurisprudence of the Constitutional Court of Lithuania, the author comes to the conclusion that there are reasonable doubts whether legal regulation of hearing disputes in administrative disputes commissions conforms to norms of the Constitution of Lithuania. It is the author’s opinion that the inconformity with the Constitution of Lithuania in principle arises from the fact that the procedure of hearing disputes is regulated by a Government resolution and not by law. Jurisprudence of the Supreme Administrative Court of Lithuania is summarized in the article, on the basis of which deficiencies of legal regulation on hearing cases in administrative disputes commissions are highlighted. Legal norms of the Law on Administrative Adjudication and Law of Administrative Disputes Commissions, defining jurisdiction of administrative disputes, are analyzed rather broadly. According to precedents of administrative courts, interpretation of those norms is presented. Competence of administrative disputes commissions, when hearing disputes, arising from different spheres of public administration (cases related to taxing, construction and spatial planning), is defined. Considerable attention is given to analysis of legal regulation related to decisions taken by administrative disputes commissions. On the basis of this analysis, competence limits of administrative disputes commissions are defined. When defining the competence of administrative disputes commissions, it is stated that administrative disputes commissions may not decide to annul individual administrative acts. Doctrinal substantiation of the conclusion is presented in the article. A new conception of legal regulation is formulated on the basis of the performed research. It is suggested to regulate the procedure of hearing cases in administrative disputes commissions only in the Law of Administrative Disputes Commissions. It is suggested to grant the right to administrative disputes commissions not only to solve disputes, but also the right to carry out a mediational function. Specific suggestions are given with respect to deficiencies of legal norms regulating procedure of hearing cases in administrative disputes commissions, detected in the course of the research.
- Articles / Straipsniai