Greito proceso administracinių ginčų komisijoje koreliacija su asmens teise į teisingą procesą
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Administrative Dispute Commission, in order to ensure the individual‘s right to due process, must respect the imperatives of fast and informal process. However, then trying to combine these categories, challenges are imminent. The aim of the article is to reveal the practical problematic aspects of fast process correlation with practical problematic aspects of duty to ensure the individual‘s right to due process and possible ways to solve some practical problems in the Administrative Dispute Commission. Moreover, the article discusses the legal framework setting the time limits for dealing with a complaint. Also, based on statistical data some potential problematic situations are highlighted. A comparative analysis was made in order to reveal terms for dealing with administrative complaints in Administrative Dispute Commission, Administrative Court and Tax Dispute Commission. The article concludes that imperative short terms of complaint examination may interfere with certain procedural steps that are crucial to establish the truth in the administrative case. In addition, it is appropriate to adjust the legal framework to provide that general time limit for examination of complaint may be extended by another 20 working days, evaluating such basics as: necessity to interview a specialist or obtain an expert opinion, involve third parties, not previously involved in the process, also when it is appropriate to call witnesses, who have not been previously identified by the parties, and such cases where the applicant and the defendant intend to enter into a settlement. It is proposed to introduce more flexible mechanism for setting a time limit when the complaint is refined. In the course of investigation, the method of document analysis was used to investigate the relevant legal acts, analytical – critical method was appreciated to reveal practical problems of very short time limits for dealing with a complaint and peculiarities of correlation with the right to a fair trial; the method of scientific literature analyses was applied to evaluate the findings of the research of Lithuanian legal scholars, who had made investigations related to pre-trial dispute resolutions.
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